DETAILED ACTION
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 .
Terminal Disclaimer
The terminal disclaimer filed on 7/30/2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of US Patent 11612736 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Response to Amendment
In response to the amendment filed on 7/30/2026, no claims have been added, claims 5-7 and 17-18 are cancelled, thus claims 4, 8-16, 19-20 are pending.
Response to Arguments
Applicant’s arguments with respect to claims 4 and 16 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Claims 4, 8-16, 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over US 20090088792 A1 Hoell et al. (hereinafter Hoell) in view of US 2010493 La Breck.
Regarding claim 4, Hoell discloses a surgical instrument (10, Fig. 1) comprising:
a handle (12);
a lever (30) coupled to the handle, the lever being displaceable relative to the handle between a first lever position and a second lever position (paragraph 45, 52, 59);
a shaft (14) extending from a proximal end to a distal end, wherein the proximal end of the shaft is coupled to the handle (as seen in Fig. 1, paragraph 45); and
a clamp jaw assembly (20) comprising:
a base member (base of jaw member 230 as seen in annotated Fig. 16a below) coupled to the distal end of the shaft (as seen in Fig. 1);
a first arm (230) coupled to the base member (as seen in Fig. 16a, the first arm 230 is at the distal end of the base member);
a second arm (232) pivotably coupled to the base member such that the second arm pivots about an arm pivot axis (as seen in Fig. 16b, paragraph 75, the second arm 232 pivots about an arm pivot axis formed through pivot pin 234 which extends through pivot hole 238 of the second arm), the second arm being operatively coupled to the lever such that when the lever is in the first lever position, the second arm is in an open position relative to the first arm and when the lever is in the second lever position, the second arm is in a grasping position relative to the first arm (paragraph 45, 75).
PNG
media_image1.png
341
536
media_image1.png
Greyscale
Hoell is silent on a first jaw member rotatably coupled to a portion of the first arm, the first jaw
member being rotatable about a first jaw axis extending through the portion of the first arm, the first jaw member comprising a first gripping surface having a first shape that is configured to grasp a first portion of an object when the second arm is in the grasping position relative to the first arm, wherein the first jaw axis intersects a portion of the first gripping surface; and
a second jaw member rotatably coupled to a portion of the second arm, the second jaw member being rotatable about a second jaw axis extending through the portion of the second arm, the second jaw member comprising a second gripping surface having a second shape that is configured to grasp a second portion of the object when the second arm is in the grasping position relative to the first arm, wherein the second jaw axis intersects a portion of the second gripping surface,
wherein when the first gripping surface of the first jaw member and the second gripping surface of the second jaw member grasps the object when the second arm is in the grasping position relative to the first arm, (a) the first jaw member is configured to be rotatable about the first jaw axis relative to the portion of the first arm and (b) the second jaw member is configured to be rotatable about a second jaw axis relative to the portion of the second arm such that the object is configured to rotate relative to the first arm and second arm while being manipulated during a procedure.
However, La Breck teaches a surgical forceps comprising a first arm (left side 1, Fig. 2), a second arm (right side 1, Fig. 2), a first jaw member (left side 6, Fig. 2), a second jaw member (right side 6, Fig. 2), the first jaw member rotatably coupled to a portion of the first arm with the first jaw member being rotatable about a first jaw axis extending through the portion of the first arm (Fig. 1-2, col. 1 line 39-42, col. 2 line 3-9, line 17-22, the first jaw member is rotatably coupled on the first arm and rotates about a first jaw axis formed through the pivoting center of left side connector 7 with the left side head 5), the first jaw member having a first gripping surface configured to grasp a first portion of an object (the entire interior surface of the first jaw member serves as the gripping surface as it is used to grip an object), the first jaw axis intersects a portion of the first gripping surface (as seen in Fig. 1-2). Furthermore, La Breck teaches the second jaw member rotatably coupled to a portion of the second arm with the second jaw member being rotatable about a second jaw axis extending through the portion of the second arm (Fig. 1-2, col. 1 line 39-42, col. 2 line 3-9, line 17-22, the second jaw member is rotatably coupled on the second arm and rotates about a second jaw axis formed through the pivoting center of right side connector 7 with the right side head 5), the second jaw member having a second gripping surface configured to grasp a second portion of the object (the entire interior surface of the second jaw member serves as the gripping surface as it is used to grip the object), the second jaw axis intersects a portion of the second gripping surface (as seen in Fig. 1-2). Furthermore, La Breck teaches when the first gripping surface of the first jaw and second gripping of the second jaw member grasps the object when the second arm is in the grasping position relative to the first arm, (a) the first jaw member is configured to be rotatable about the first jaw axis relative to the portion of the first arm (Fig. 1-2, col. 1 line 39-42, col. 2 line 3-9, line 17-22) and (b) the second jaw member is configured to be rotatable about a second jaw axis relative to the portion of the second arm (Fig. 1-2, col. 1 line 39-42, col. 2 line 3-9, line 17-22) such that the object is configured to rotate relative to the first arm and second arm while being manipulated during a procedure (Fig. 1-2, col. 1 line 39-42, col. 2 line 3-9, line 17-22, line 29-31).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hoell with the teachings of La Breck in order to provide a compound multi-movement pivotal connection with more flexible movement and placement of an object with the least resistance and obstruction.
Regarding claim 8, the combination of Hoell and La Breck teaches the limitations of claim 4, and the combination further teaches wherein the first jaw axis is not parallel to a longitudinal axis of the shaft (the modified device of Hoell with the teachings of La Breck will place the first jaw axis (first jaw axis formed through the pivoting of left side connector 7 with the left side head 5 of La Breck) along the same plane of appositional motion of the first arm 230 and second arm 232 of Hoell which is not parallel to a longitudinal axis of the shaft 14 of Hoell).
Regarding claim 9, the combination of Hoell and La Breck teaches the limitations of claim 4, and Hoell further discloses further comprising: an articulating joint (18, Fig. 1-3, 15-16d) disposed at or adjacent to the distal end of the shaft (as seen in Fig. 1-3, paragraph 45), wherein a distal end of the articulating joint is pivotably coupled to a proximal portion of the base member of the clamp jaw assembly (as seen in Fig. 16a-b) such that the base member is pivotable relative to the shaft (Fig. 1, 16a-b, paragraph 45, 75).
Regarding claim 10, the combination of Hoell and La Breck teaches the limitations of claim 9, and Hoell further discloses further comprising:
an articulation knob (40, Fig. 1) rotatably coupled to the proximal end of the shaft (as seen in Fig. 1); and
an articulation wire (68/70, Fig. 2-3) having a distal end and a proximal end, wherein at least a portion of the articulation wire extends within the shaft, and wherein the proximal end is operatively coupled to the articulation knob and wherein the distal end is coupled to a portion of the base member of the clamp jaw assembly such that a displacement of the articulation wire by a rotation of the articulation knob pivots the base member of the clamp jaw assembly about the distal end of the articulating joint (paragraph 49).
Regarding claim 11, the combination of Hoell and La Breck teaches the limitations of claim 4, and Hoell further discloses wherein the first arm of the clamp jaw assembly is fixedly coupled to the base member (as seen in annotated Fig. 16a above, first arm 230 is fixedly coupled the base member).
Regarding claim 12, the combination of Hoell and La Breck teaches the limitations of claim 4, and Hoell further discloses wherein the first arm of the clamp jaw assembly is integrally formed with the base member (as seen in annotated Fig. 16a above, first arm 230 is integral with the base member).
Regarding claim 13, the combination of Hoell and La Breck teaches the limitations of claim 4, and Hoell further discloses wherein the proximal end of the shaft is rotatably coupled to the handle such that the shaft is rotatable about a longitudinal axis of the shaft (paragraph 46, 76-77, rotation knob 32 (Fig. 1) rotates the shaft 14 as seen in Fig. 18a-b).
Regarding claim 14, the combination of Hoell and La Breck teaches the limitations of claim 4, and Hoell further discloses further comprising:
a drive wire (154, Fig. 7, 16a-b) having a distal end and a proximal end, wherein at least a portion of the drive wire extends within the shaft, wherein the proximal end is coupled to a portion of the lever, and wherein the distal end is coupled to a portion of the clamp jaw assembly such that the second arm is operatively coupled to the lever by the drive wire (paragraph 59, 75, Fig. 5a-6, 16a-b, drive rod 126 is connected to a proximal end 152 of drive wire 154, drive rod 126 has ball end 128 that is positioned within a trigger receptacle 156 formed in a distal end 158 of trigger arm 92 of trigger 30, and as trigger 30 is actuated, drive rod 126 and drive wire 154 is moved longitudinally within the handle 12 and shaft 14 to actuate the clamp jaw assembly 20 at the distal end).
Regarding claim 15, the combination of Hoell and La Breck teaches the limitations of claim 14, and Hoell further discloses wherein the distal end of the drive wire is coupled to a portion of the second arm such that the second arm is operatively coupled to the lever by the drive wire (paragraph 59, 75, 16a-b, drive rod 126 is connected to a proximal end 152 of drive wire 154, drive rod 126 has ball end 128 that is positioned within a trigger receptacle 156 formed in a distal end 158 of trigger arm 92 of trigger 30, drive wire 154 is coupled to a clevis 248 at a distal end, clevis 248 is coupled to the second arm 232 via a drive pin 250, and as trigger 30 is actuated, drive wire 154 is moved longitudinally to move clevis 248 distally and proximally to open and close the second arm 232).
Regarding claim 16, Hoell discloses an assembly (end effector assembly 20, Fig. 1), configured to be coupled to a distal end of a shaft (14) of a surgical instrument (10), the assembly comprising:
a clamp jaw assembly (20) comprising:
a base member (base of jaw member 230 as seen in annotated Fig. 16a above) configured to be coupled to the distal end of the shaft (as seen in Fig. 1);
a first arm (230) coupled to the base member (as seen in Fig. 16a, the first arm 230 is at the distal end of the base member);
a second arm (232) pivotably coupled to the base member such that the second arm pivots about an arm pivot axis (as seen in Fig. 16b, paragraph 75, the second arm 232 pivots about an arm pivot axis formed through pivot pin 234 which extends through pivot hole 238 of the second arm), the second arm being operatively coupled to an actuator (30) such that when the actuator is in a first actuator position, the second arm is in an open position relative to the first arm and when the actuator is in a second actuator position, the second arm is in a second grasping position relative to the first arm (paragraph 45, 75).
Hoell is silent on a first jaw member rotatably coupled to a portion of the first arm, the first jaw
member being rotatable about a first jaw axis extending through the portion of the first arm, the first jaw member comprising a first gripping surface having a first shape that is configured to grasp a first portion of an object when the second arm is in the grasping position relative to the first arm, wherein the first jaw axis intersects a portion of the first gripping surface; and
a second jaw member rotatably coupled to a portion of the second arm, the second jaw member being rotatable about a second jaw axis extending through the portion of the second arm, the second jaw member comprising a second gripping surface having a second shape that is configured to grasp a second portion of the object when the second arm is in the grasping position relative to the first arm, wherein the second jaw axis intersects a portion of the second gripping surface,
wherein when the first gripping surface of the first jaw member and the second gripping surface of the second jaw member grasps the object when the second arm is in the grasping position relative to the first arm, (a) the first jaw member is configured to be rotatable about the first jaw axis relative to the portion of the first arm and (b) the second jaw member is configured to be rotatable about a second jaw axis relative to the portion of the second arm such that the object is configured to rotate relative to the first arm and second arm while being manipulated during a procedure.
However, La Breck teaches a surgical forceps comprising a first arm (left side 1, Fig. 2), a second arm (right side 1, Fig. 2), a first jaw member (left side 6, Fig. 2), a second jaw member (right side 6, Fig. 2), the first jaw member rotatably coupled to a portion of the first arm with the first jaw member being rotatable about a first jaw axis extending through the portion of the first arm (Fig. 1-2, col. 1 line 39-42, col. 2 line 3-9, line 17-22, the first jaw member is rotatably coupled on the first arm and rotates about a first jaw axis formed through the pivoting center of left side connector 7 with the left side head 5), the first jaw member having a first gripping surface configured to grasp a first portion of an object (the entire interior surface of the first jaw member serves as the gripping surface as it is used to grip an object), the first jaw axis intersects a portion of the first gripping surface (as seen in Fig. 1-2). Furthermore, La Breck teaches the second jaw member rotatably coupled to a portion of the second arm with the second jaw member being rotatable about a second jaw axis extending through the portion of the second arm (Fig. 1-2, col. 1 line 39-42, col. 2 line 3-9, line 17-22, the second jaw member is rotatably coupled on the second arm and rotates about a second jaw axis formed through the pivoting center of right side connector 7 with the right side head 5), the second jaw member having a second gripping surface configured to grasp a second portion of the object (the entire interior surface of the second jaw member serves as the gripping surface as it is used to grip the object), the second jaw axis intersects a portion of the second gripping surface (as seen in Fig. 1-2). Furthermore, La Breck teaches when the first gripping surface of the first jaw and second gripping of the second jaw member grasps the object when the second arm is in the grasping position relative to the first arm, (a) the first jaw member is configured to be rotatable about the first jaw axis relative to the portion of the first arm (Fig. 1-2, col. 1 line 39-42, col. 2 line 3-9, line 17-22) and (b) the second jaw member is configured to be rotatable about a second jaw axis relative to the portion of the second arm (Fig. 1-2, col. 1 line 39-42, col. 2 line 3-9, line 17-22) such that the object is configured to rotate relative to the first arm and second arm while being manipulated during a procedure (Fig. 1-2, col. 1 line 39-42, col. 2 line 3-9, line 17-22, line 29-31).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hoell with the teachings of La Breck in order to provide a compound multi-movement pivotal connection with more flexible movement and placement of an object with the least resistance and obstruction.
Regarding claim 19, the combination of Hoell and La Breck teaches the limitations of claim 16, and Hoell further discloses further comprising an articulating joint (18, Fig. 1-3, 15-16d) configured to be disposed at the distal end of the shaft (as seen in Fig. 1-3, paragraph 45), wherein a distal end of the articulating joint is pivotably coupled to a proximal portion of the base member of the clamp jaw assembly (as seen in Fig. 16a-b) such that the base member is pivotable relative to the articulating joint (Fig. 1, 16a-b, paragraph 45, 75).
Regarding claim 20, the combination of Hoell and La Breck teaches the limitations of claim 16, and Hoell further discloses wherein the first arm of the clamp jaw assembly is fixedly coupled to the base member (as seen in annotated Fig. 16a above, first arm 230 is fixedly coupled the base member).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KHOA TAN LE whose telephone number is (703)756-1252. The examiner can normally be reached Monday - Friday 8am - 4:30pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jackie Ho can be reached at 571-272-4696. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KHOA TAN LE/ Examiner, Art Unit 3771 /MOHAMED G GABR/Primary Examiner, Art Unit 3771
