DETAILED ACTION
The following is a non-final rejection negating the non-final rejection dated 8/20/25.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-2 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Stamm (US 2020/0222109).
Regarding claim 1, Stamm teaches a surgical instrument, comprising: a housing including an elongated shaft having an end effector assembly disposed at a distal end thereof (housing 116 with shaft 116 and end effector 114 as in at least Fig. 1), the end effector including first and second jaw members configured to treat tissue upon electrical activation thereof (130 and 132),
a first handle movable relative to the housing and configured to move at least one of the first or second jaw members relative to the other of the first or second jaw members to grasp tissue therebetween (122 to move relative to the housing to move the jaws together to grasp tissue as in par. [0023)]);
a switch disposed on the housing and in the actuation path of the first handle (switch 137), the switch configured for activation by the first handle when the first handle is fully actuated relative to the housing (122 closes to 120 of 112 to actuate switch 136); and
an over-ride disposed in the housing and movable between a first position configured to block full actuation of the first handle relative to the housing to prevent activation of the switch and a second position allowing full actuation of the first handle and activation of the switch (over-ride 136 to block 122 as in at least par. [0026)).
Regarding claim 2, Stamm teaches the switch is operably coupled to a depressible button extending from the housing and configured to be selectively engaged by the first handle (137 with a button as in par. [0024)).
Claim(s) 14-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Boudreaux (US 2015/0272659).
Regarding claim 14, Boudreaux teaches an over-ride for an electrosurgical instrument, comprising:
a push button mechanism disposed on a housing of the electrosurgical instrument (46 pushes 40), the push button mechanism including a plunger and cam (plunger 40 and cam 54), the plunger selectively actuatable relative to the cam between a first position wherein the cam operably engages a flange (72) disposed on a first handle of the electrosurgical instrument to prevent full actuation thereof and a second position wherein the cam allows full actuation of the first handle (par. [0061]); and
a switch disposed on the housing and disposed in electrical communication with an energy source (energy deliver button 22), the switch disposed in the actuation path of the first handle and configured for activation by the first handle only when the over-ride is disposed in the second position allowing the first handle to fully actuate relative to the housing (button 22 only for actuation when the jaws are close to deliver energy to tissue closed in jaws as in par. [0065)).
Regarding claim 15, Boudreaux teaches wherein the switch is operably coupled to a depressible button extending from the housing and configured to be selectively engaged by the first handle (delivery button of 22 extends from housing 4).
Regarding claim 16, Boudreaux teaches wherein the plunger includes a spring member that biases the cam in the first position upon actuation thereof (par. [0045]).
Regarding claim 17, Boudreaux teaches wherein upon each actuation of the plunger, the cam rotates relative to the plunger between the first and second positions (pars. [0054, 0055]).
Regarding claim 18, Boudreaux teaches wherein the flange includes a groove defined therein configured to operably engage a distal end of the cam when the cam is disposed in the first position (plunger 40 rotates into cam path 68).
Regarding claim 19, Boudreaux teaches wherein the plunger and the cam include spring members that bias the cam in the first position upon actuation thereof (plunger with spring as in Fig. 3, and spring 42 biases the cam).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 3-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stamm in view of Boudreaux.
Regarding claim 3, Stamm is not explicit regarding the over-ride includes a push button mechanism including a plunger and cam, the plunger selectively actuatable relative to the cam between a first position wherein the cam operably engages a flange disposed in the first handle to prevent full actuation thereof and a second position wherein the cam allows full actuation of the first handle. However, Boudreaux teaches a plunger and cam (plunger 40 and cam 54), the plunger selectively actuatable relative to the cam between a first position wherein the cam operably engages a flange (flange 72) disposed in the first handle to prevent full actuation thereof and a second position wherein the cam allows full actuation of the first handle (par. [0061]).
It would have been obvious to one of ordinary skill in the art to modify Stamm with the plunger and cam mechanism of Boudreaux replacing the over-ride of Stamm with the plunger and cam mechanism, as a mechanism that would work equally well to selectively actuate the jaws.
Regarding claim 4, Stamm is silent regarding the plunger includes a spring member that biases the cam in the first position upon actuation thereof.
Boudreaux teaches the plunger includes a spring member that biases the cam in the first position upon actuation thereof (par. [0045]).
It would have been obvious to one of ordinary skill in the art to modify Stamm with the plunger and cam mechanism of Boudreaux replacing the over-ride of Stamm with the plunger and cam mechanism, as a mechanism that would work equally well to selectively actuate the jaws.
Regarding claim 5, Stamm is silent regarding wherein upon each actuation of the plunger, the cam rotates relative to the plunger between the first and second positions.
However, Boudreaux teaches wherein upon each actuation of the plunger, the cam rotates relative to the plunger between the first and second positions (pars. [0054, 0055)).
It would have been obvious to one of ordinary skill in the art to modify Stamm with the plunger and cam mechanism of Boudreaux replacing the over-ride of Stamm with the plunger and cam mechanism, as a mechanism that would work equally well to selectively actuate the jaws.
Regarding claim 6, Stamm is silent wherein the flange includes a groove defined therein configured to operably engage a distal end of the cam when the cam is disposed in the first position. However, Boudreaux teaches wherein the flange includes a groove defined therein configured to operably engage a distal end of the cam when the cam is disposed in the first position (plunger 40 rotates into cam path 68).
It would have been obvious to one of ordinary skill in the art to modify Stamm with the plunger and cam mechanism of Boudreaux replacing the over-ride of Stamm with the plunger and cam mechanism, as a mechanism that would work equally well to selectively actuate the jaws.
Regarding claim 7, Stamm is silent, but Boudreaux teaches wherein the plunger and the cam include spring members that bias the cam in the first position upon actuation thereof (plunger with spring as in Fig. 3, and spring 42 biases the cam).
It would have been obvious to one of ordinary skill in the art to modify Stamm with the plunger and cam mechanism of Boudreaux replacing the over-ride of Stamm with the plunger and cam mechanism, as a mechanism that would work equally well to selectively actuate the jaws.
Regarding claim 8, Stamm is silent regarding a second over-ride disposed on an opposing side of the housing, the second over-ride movable between a first position configured to block full actuation of the first handle relative to the housing to prevent activation of the switch and a second position. However, Boudreaux teaches a plunger and cam (plunger 40 and cam 54), the plunger selectively actuatable relative to the cam between a first position wherein the cam operably engages a flange (flange 72) disposed in the first handle to prevent full actuation thereof and a second position wherein the cam allows full actuation of the first handle (par. [0061]).
It would have been obvious to one of ordinary skill in the art to modify Stamm with the plunger and cam mechanism of Boudreaux in addition the over-ride of Stamm with the plunger and cam mechanism, as a redundant mechanism for preventing unwanted actuation.
Regarding claim 9, Stamm is silent, but Boudreaux teaches a plunger and cam (plunger 40 and cam 54), the plunger selectively actuatable relative to the cam between a first position wherein the cam operably engages a flange (flange 72) disposed in the first handle to prevent full actuation thereof and a second position wherein the cam allows full actuation of the first handle (par. [0061]).
It would have been obvious to one of ordinary skill in the art to modify Stamm with the plunger and cam mechanism of Boudreaux in addition the over-ride of Stamm with the plunger and cam mechanism, as a redundant mechanism for preventing unwanted actuation.
Regarding claim 10, Stamm is silent regarding the plunger of the second over-ride includes a spring member that biases the cam in the first position upon actuation thereof.
Boudreaux teaches the plunger includes a spring member that biases the cam in the first position upon actuation thereof (par. [0045]).
It would have been obvious to one of ordinary skill in the art to modify Stamm with the plunger and cam mechanism of Boudreaux in addition the over-ride of Stamm with the plunger and cam mechanism, as a redundant mechanism for preventing unwanted actuation.
Regarding claim 11, Stamm is silent regarding wherein upon each actuation of the plunger, the cam rotates relative to the plunger between the first and second positions.
However, Boudreaux teaches wherein upon each actuation of the plunger, the cam rotates relative to the plunger between the first and second positions (pars. [0054, 0055)).
It would have been obvious to one of ordinary skill in the art to modify Stamm with the plunger and cam mechanism of Boudreaux in addition the over-ride of Stamm with the plunger and cam mechanism, as a redundant mechanism for preventing unwanted actuation.
Regarding claim 12, Stamm is silent wherein the flange includes a groove defined therein configured to operably engage a distal end of the cam when the cam is disposed in the first position. However, Boudreaux teaches wherein the flange includes a groove defined therein configured to operably engage a distal end of the cam when the cam is disposed in the first position (plunger 40 rotates into cam path 68). It would have been obvious to one of ordinary skill in the art to modify Stamm with the plunger and cam mechanism of Boudreaux in addition the over-ride of Stamm with the plunger and cam mechanism, as a redundant mechanism for preventing unwanted actuation.
Regarding claim 13, Stamm is silent, but Boudreaux teaches wherein the plunger and the cam include spring members that bias the cam in the first position upon actuation thereof (plunger with spring as in Fig. 3, and spring 42 biases the cam). It would have been obvious to one of ordinary skill in the art to modify Stamm with the plunger and cam mechanism of Boudreaux in addition the over-ride of Stamm with the plunger and cam mechanism, as a redundant mechanism for preventing unwanted actuation.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Artale (US 10,070,916) teaches a forceps device with an over-ride mechanism.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BO OUYANG whose telephone number is (571)272-8831. The examiner can normally be reached M-F 8-5 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joanne Rodden can be reached at 303-297-4276. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BO OUYANG/Examiner, Art Unit 3794
/JOANNE M RODDEN/Supervisory Patent Examiner, Art Unit 3794