DETAILED ACTION
Applicant's preliminary amendments and remarks, filed 10/27/23, are fully acknowledged by the Examiner. Currently, claims 49-68 are pending with claims 1-48 canceled, and claims 49-68 added. The following is a complete response to the 10/27/23 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 § 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) 49-68 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Price (US 2013/0324999).
Regarding claim 49, Price teaches a surgical instrument, comprising: a removable handle assembly attachable to one or more power modules and to a shaft assembly (handle 12), the removable handle assembly comprising a handle drive module, the handle drive module comprising: one or more mounting interfaces for attaching one or more power modules and a shaft assembly (attaches to shaft assembly 22 and power 70); a frame (14); a motor assembly (motor 20 as in par. [0022]); a drive system operably engaged with the motor assembly (20 engaged with sensor 80 to help drive 22); a control system (40); and one or more latches configured to releasably hold corresponding mounting interfaces of the one or more power modules or of the shaft assembly against the one or more mounting interfaces (latches 204 holding mounting interfaces of 210).
Regarding claim 50, Price teaches wherein the frame comprises an elongate shaft that extends through the motor assembly (22 through motor assembly 20).
Regarding claim 51, Price teaches wherein the shaft assembly comprises an elongate shaft comprising a distal end (22 with distal end for end effector 90), and electrical contacts or sockets (88).
Regarding claim 52, Price teaches wherein the electrical contacts are in electrical communication with the control system via one or more electrical circuits and are configured to convey signals and/or power between the control system and the shaft assembly (88 connects the shaft and control system as in par. [0028]).
Regarding claim 53, Price teaches wherein the control system comprises: a printed circuit board (circuitry as in par. [0023]); at least one microprocessor (processed by control module 40 and microcontroller as in par. [0023]); and at least one memory device (EEPROM as in par. [0023]), wherein the control system controls operation of the motor assembly (40 controls 20 as in at least par. [0022]).
Regarding claim 54, Price teaches wherein the one or more mounting interfaces are configured to be coupled to corresponding mounting interfaces of the one or more power modules or of the shaft assembly (204 coupled to 210 at mounting interfaces as in Fig. 3).
Regarding claim 55, Price teaches wherein each latch of the one or more latches comprises at least one of a biasing spring, a lock end, or a pivot portion (lock end as in Fig. 3).
Regarding claim 56, Price teaches wherein the one or more latches are configured to undertake the releasable hold by: contacting a mounting interface of the corresponding mounting interfaces (Fig. 3 204 with 210); and rotating outwardly into an unlocked position (210 rotatably mounted as in par. [0042]).
Regarding claim 57, Price teaches a shaft assembly of a surgical instrument (shaft assembly 22 of 10), the shaft assembly comprising: a frame (14); a proximal portion, operably attachable to a drive module of a handle of the surgical instrument (22 attached to 20 of handle 12 of instrument 10); an elongate shaft (shaft 22); a distal attachment portion configured to receive an end effector (receives end effector 90 as in par. [0022]); and an articulate joint which rotatably connects the distal attachment portion to the elongate shaft (Fig. 22, 166 rotates the shaft).
Regarding claim 58, Price teaches wherein the proximal portion comprises a housing that comprises an attachment interface configured to mount the shaft assembly to an attachment interface of the handle (par. [0058]).
Regarding claim 59, Prices teaches wherein the frame comprises a frame shaft configured to be coupled to a shaft of a handle frame of the handle (510 and outer frame shaft 580).
Regarding claim 60, Prices teaches further comprising a drive system comprising a rotatable drive shaft (510) configured to be operably coupled to a drive shaft of the drive system when the shaft assembly is attached to the handle (510 attached to handle as in Fig. 7).
Regarding claim 61, Price teaches further comprising: a frame shaft comprising at least one of a notch or cut-out to provide clearance for a jaw closure actuation system (cutout 504); and a longitudinal portion extending through the elongate shaft to the distal attachment portion (590).
Regarding claim 62, Price teaches wherein the shaft assembly is configured to undertake at least one of: open and close a jaw assembly of an end effector of the surgical instrument; rotate the end effector about a longitudinal axis, or articulate the end effector about an articulation axis (shaft assembly).
Regarding claim 63, Price teaches a handle assembly of a surgical instrument, the hand assembly comprising: a drive module attachable to a plurality of shaft assemblies or a plurality of power modules (20), wherein the drive module comprises: an actuator to control a rotation or an articulation of an end effector of the surgical instrument (par. [0036]); a control system (40); and a sensor system in communication with the control system (230), the sensor system configured to detect a rotation of the actuator (230 detects orientation of the actuator).
Regarding claim 64, Price teaches wherein the actuator is rotatable about a longitudinal axis that extends through a shaft assembly attached to the drive module (actuator rotates about longitudinal axis as in Fig. 2).
Regarding claim 65, Price teaches wherein the actuator is rotatable within a channel defined in a housing of the drive module in at least one of a first direction to rotate the end effector in a first direction or a second direction to rotate the end effector in a second direction (channel defined in housing allowing for actuation as in at least par. [0039]).
Regarding claim 66, Price teaches wherein the sensor system comprises a first sensor configured to detect the rotation of the actuator about a longitudinal axis in a first direction and a second sensor configured to detect the rotation of the actuator about a longitudinal axis in a second direction (sensors 410 detect rotation orientation along different axis).
Regarding claim 67, Price teaches wherein the control system is configured to control a motor assembly to rotate the end effector in a first or second direction (40 controls motor 20 to rotate the end effector).
Regarding claim 68, Price teaches wherein a power module is mechanically fixable to a housing of the drive module (power module 70 fixed to housing as in par. [0022]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Shelton (US 2017/0202570) teaches a similar device with rotatable shafts with a motor.
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.
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, 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
/MICHAEL F PEFFLEY/Primary Examiner, Art Unit 3794
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