DETAILED ACTION
Applicant's amendments and remarks, filed 10/15/25, are fully acknowledged by the Examiner. Currently, claims 1-2 and 6-23 are pending with claims 3-5 canceled, claims 21-23 added, and claims 1, 6, 9, 12-13, 16, and 18 amended. The following is a complete response to the 10/15/25 communication.
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 § 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) 1-2, 6-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shelton (US 2018/0049821), in view of Kapadia (US 2016/0310156).
Claim 1, Shelton teaches a surgical system, comprising:
(a) a surgical instrument (330), including:
(i) a shaft assembly having an articulation section and a proximal shaft portion proximally extending from the articulation section (shaft 436 with a portion of the shaft extending from articulation section 437 as in Fig. 4), wherein the proximal shaft portion extends along a longitudinal axis (shaft extends along an axis defined by the shaft length) and wherein the articulation section is configured to articulate to a selected articulation of a plurality of articulation configurations including a straight configuration and a plurality of predetermined articulated configurations (Fig. 4, ), wherein the plurality of the predetermined articulated configurations includes a first articulated configuration and a second articulated configuration (par. [0064] multiple articulated configurations),(ii) an end effector distally extending from articulation section of the shaft assembly (438), wherein the end effector extends along the longitudinal axis with the articulation section in the straight configuration and the end effector deflects from the longitudinal axis with the articulation section in any one of the plurality of the predetermined articulated configurations (Fig. 4, and par. [0055] with wrist to adjust end effector), wherein the end effector includes a first jaw and a second jaw movably secured relative to each other such that the first and second jaws are configured to selectively move from an open configuration to a first closed configuration (par. [0052] first and second jaws to open and close to grasp tissue), wherein the first and second jaws in the first closed configuration are positioned relative to each other in a closed position (jaws are close to each other when in a closed position to grasp tissue as in at least par. [0052]), and
(iii) a closure assembly operatively connected to the end effector and configured to urge the first and second jaws from the open configuration to the first closed configuration based at least on the selected articulation of the articulation section for adjusting tissue compression to compensate for the selected articulation (par. [0054] with close gear G4a,b), wherein the closure assembly includes:A) a drive member operatively connected to at least one of the first and second jaws and configured to move to a plurality of drive positions to respectively direct the first and second jaws from the open configuration to the first closed configuration (par. [0054] drive screw to close jaws 438), the plurality of drive positions include a first drive position and a second drive position different than the first drive position (different angles of opening as in par. [0085]),
B) a controller configured to receive the selected articulation and determine a variable drive distance to move the drive member based at least on the selected articulation of the plurality of articulation configurations (par. [0085] control system to use sensed data regarding angles to determine closure of jaws).Shelton is not explicit regarding the drive member in each of the first and second drive positions urges the first and second jaws to the closed position of the first configuration thereby compensating respectively for differing first and second articulated configurations.
However, Kapadia teaches multiple open positions, and moving from the first or second open position to the closed position (par. [0019]-[0021] closing from different opening positions to result in different treatments).It would have been obvious to one of ordinary skill in the art to modify Shelton such that the controller closes to the same position from different open positions, as in Kapadia, allowing for different actions such as grabbing or cutting to occur, depending on the desired treatment.
Regarding claim 2, Shelton teaches a robotic arm (420), and wherein the surgical instrument is configured to connect to the robotic arm and be inserted into a patient (par. [0049] instrument connected to arm and inserted into patient).
Regarding claim 6, Shelton teaches wherein at least a portion of the drive member is configured to translate from the first drive position to the second drive position (par. [0065] drive member d1 in a proximal vs non proximal position).
Regarding claim 7, Shelton teaches wherein the second articulated configuration is greater articulation than the first articulated configuration such that the at least the portion of the drive member is configured to translate through the first drive position to the second drive position to direct the first and second jaws to the first closed configuration with the articulation section in the second articulated configuration (par. [0063] articulate end effector relative to longitudinal axis).
Regarding claim 8, Shelton teaches wherein the drive member is configured to be proximally pulled from the first drive position to the second drive position (drive member advanced in proximal direction to control end effector as in par. [0065]).
Regarding claim 9, Shelton teaches wherein the closure assembly includes a sensor portion configured to measure a closure feedback force to urge the first and second jaws from the open configuration toward the first closed configuration (par. [0081]).
Regarding claim 10, Shelton teaches wherein the controller is configured to receive the closure feedback force and determine the variable drive distance to move the drive member based at least on the closure feedback force and the selected articulation of the plurality of articulation configurations to thereby urge the first and second jaws from the open configuration to the first closed configuration (par. [0081] compressive force adjusted based on position).
Regarding claim 11, Shelton teaches wherein the controller is further configured to adjust the first closed configuration of the first and second jaws to a second closed configuration of the first and second jaws based at least on the closure feedback force and the selected articulation of the plurality of articulation configurations for adjusting tissue compression to compensate for a thickness of the tissue (par. [0081] compressive force depending on detected force).
Regarding claim 12, Shelton teaches wherein the controller has a memory (par. [0107]) containing the plurality of drive positions thereon (par. [0056] and [0081] positions determined by encoder), wherein each of the plurality of drive positions correlates to the first closed configuration of the first and second jaws based on the selected articulation of the articulation section (par. [0081]).
Regarding claim 13, Shelton teaches wherein the articulation section extends along a centerline (Fig. 4 along shaft 436), and wherein the drive member is offset from the centerline (drive member with puck 435 offset from centerline).
Regarding claim 14, Shelton teaches wherein the articulation section extends along a centerline (Fig. 4 along shaft 436), and wherein the end effector further includes a knife configured to move from a proximal position to a distal position, and wherein the knife is positioned on the centerline (par. [0056] knife 1084 along the shaft).
Regarding claim 15, Shelton teaches where the end effector further includes at least one RF electrode (par. [0082] RF energy).
Regarding claim 16, Shelton teaches a surgical system, comprising:
(a) a shaft assembly having an articulation section configured to articulate to a selected articulation of a plurality of articulation configurations (shaft 436 with a portion of the shaft extending from articulation section 437 as in Fig. 4), wherein the plurality of articulation configurations includes a straight configuration and a plurality of predetermined articulated configurations (straight configuration with no articulation, and articulated configurations predetermined by the amount of articulation allowed by the articulation section 437);(b) an end effector distally extending from articulation section of the shaft assembly and including a first jaw and a second jaw movably secured relative to each other such that the first and second jaws are configured to selectively move from an open configuration to a closed configuration (par. [0052] first and second jaws to open and close to grasp tissue), wherein the first and second jaws in the closed configuration are positioned relative to each other in a closed position (par. [0052] jaws closed); and
(c) a closure assembly operatively connected to the end effector and including: (i) a drive member operatively connected to at least one of the first and second jaws and configured to move to a plurality of drive positions to respectively direct the first and second jaws from the open configuration to the closed position of the closed configuration (par. [0065] drive member d1 in a proximal vs non proximal position to close jaws), such that the first and second jaws close with a predetermined clamp force in the straight configuration (par. [0085] move jaws to specified clamp force) and (ii) a controller having a memory (par. [0107]) containing the plurality of drive positions and position compensation data thereon (par. [0081] positions determined by encoder), wherein the position compensation data correlates the plurality of predetermined articulation configurations of the articulation section to the plurality of drive positions of the drive member such that the first and second jaws close with the predetermined clamp force in any one of the plurality of predetermined articulation configurations (par. [0085] sensed data to control closure angle to adjust compressive forces).Shelton is not explicit regarding moving form multiple positions to a closed position.However, Kapadia teaches multiple open positions, and moving from the first or second open position to the closed position (par. [0019]-[0021] closing from different opening positions to result in different treatments).It would have been obvious to one of ordinary skill in the art to modify Shelton such that the controller closes to the same position from different open positions, as in Kapadia, allowing for different actions such as grabbing or cutting to occur, depending on the desired treatment.
Regarding claim 17, Shelton teaches a robotic arm (420), and wherein the surgical instrument is configured to connect to the robotic arm and be inserted into a patient (par. [0049] instrument connected to arm and inserted into patient).
Regarding claim 18, Shelton teaches a method compressing a tissue with a surgical instrument (330), comprising:
(a) articulating an end effector from a straight configuration to a articulation configuration (opening jaws as in par. [0052]), wherein a first jaw and a second jaw of the end effector (jaws as in Fig. 4 and par. [0052]) in the straight configuration are configurated to generate a predetermined clamp force therebetween (compressive force determined by controller as in par. [0085])
(b) directing the first jaw and the second jaw of the surgical instrument in the articulated configuration toward an uncompensated closed configuration (par. [0052] jaws as in Fig 4), wherein the first jaw and the second jaw of the end effector in the predetermined articulated configuration and uncompensated closed configuration are configured to generate a reduced clamp force therebetween (par. [0085] adjusting the jaw angle according to desired compression force);
(c) accessing position compensation data from a memory of the surgical instrument associated with a predetermined articulation of the end effector of the surgical instrument (position data determined from motor output as in par. [0081]); and
(d) moving the first and second jaws through the uncompensated closed configuration to a compensated closed configuration based at least on the position compensation data thereby generating the predetermined clamp force while in the articulated configuration for compressing the tissue between the first and second jaws (par. [0081] compressive force on tissue adjusted based on position).Shelton is not explicit regarding predetermined articulated positions.
However, Kapadia teaches set multiple open positions, and moving from the first or second open position to the closed position (par. [0019]-[0021] different set opening positions to result in different treatments).It would have been obvious to one of ordinary skill in the art to modify Shelton such that the controller has predetermined open positions, as in Kapadia, allowing for different actions such as grabbing or cutting to occur, depending on the desired treatment.
Regarding claim 19, Shelton teaches measuring a closure feedback force from compressing the tissue between the first and second jaw (par. [0081]).
Regarding claim 20, Shelton teaches further comprising determining whether the first and second jaws have reached the compensated closed configuration (par. [0082] determine if an appropriate degree of closure is achieved).
Regarding claims 21, Shelton teaches the controller includes a memory with a plurality of drive distances corresponding to the plurality of articulation configurations in a pitch axis, a yaw axis, and a roll axis (par. [0064]-[0066] controllers adjusting motor and drive member movement to adjust position of the end effector).
Regarding claim 22, Shelton teaches wherein the articulation configurations include any combination in a pitch axis, a yaw axis, and a roll axis (par. [0064]-[0066] controllers adjusting motor and drive member movement to adjust position of the end effector).
Regarding claim 23, Shelton teaches wherein the memory has a plurality of drive distances corresponding to the plurality of articulation configurations in a pitch axis, a yaw axis, and a roll axis (par. [0064]-[0066] controllers adjusting motor and drive member movement to adjust position of the end effector).
Response to Arguments
Applicant’s arguments, see the remarks, filed 10/15/25, with respect to the rejection(s) of claim(s) 1-20 under 35 USC 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Kapadia (US 2016/0310156).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 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