DETAILED ACTION
Applicant's amendments and remarks, filed 7/7/26, are fully acknowledged by the Examiner. Currently, claims 49, 51-53, 55, 57-58, 60, 63, 66-76 are pending with claims 50, 54, 56, 59, 61, 62, 64, 65 canceled, claims 69-76 added, and claims 49, 51-53, 55, 57, 58, 60, 63, and 66-68 amended. The following is a complete response to the 7/7/26 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 Objections
Claims 68 and 69 are objected to because of the following informalities:
68: extraneous "a" should be removed from "releasably couple to a a power module."
69: “configured to releasably coupled with” should be “configured to be releasably coupled with.”
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 67 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 67 recites the limitation "control circuit" in line 4. There is insufficient antecedent basis for this limitation in the claim.
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) 49, 51-53, 55, 57-58, 60, 63, 66-76 is/are rejected under 35 U.S.C. 103 as being anticipated by Price (US 2013/0324999) in view of Reed (US 2017/0290583).
Regarding claim 49, Price teaches a surgical instrument, comprising: a handle assembly attachable to a power module that includes a power source and a shaft assembly (handle 12 attaches to power module and source 70 and shaft assembly 22), the handle assembly comprising a handle drive module (as described below), the handle drive module comprising: a housing including a proximal and a distal end (Fig. 1, housing 14);
One or more mounting interfaces, including:
A first mounting interface at the proximal end of the housing that is configured to releasably couple with the power module (power source as 120 at a proximal end connection as in Fig. 2 and par. [0022]); and
A second mounting interface that is configured to releaseably couple with the shaft assembly (par. [0077] components removable);
a motor assembly arranged within the housing and including a motor that is operable to receive power form the power source based on the power module being coupled to the first mounting interface (motor 20 as in par. [0022], and can receive power when the power is connected);
a drive system operably engaged with the motor assembly (20 engaged with sensor 80 to help drive 22).Price is not explicit regarding and including a first rotatable drive shaft rotatable by the motor and operable to rotate a second rotatable drive shaft of the shaft assembly based on the shaft assembly being coupled to the second mounting interface; and
one or more latches rotatably coupled to the housing and configured to releasably hold the shaft assembly at the second mounting interface.However, Reed teaches a motor that rotates a shaft that rotates a second shaft (motor with output shaft and actuation shaft as in at least par. [0008]), and latches coupled to the housing and configured to releasably hold the shaft assembly to the housing (Figs. 9a-10b with locking member 24 to releasably couple the shaft to the handle).It would have been obvious to one of ordinary skill in the art to modify Price with the more detailed motor and attachment mechanisms of Reed, to illustrate how the motor is used to actuate the device.
Regarding claim 51, Price teaches an elongate shaft that extends through the motor assembly and that comprises first electrical contacts that are configured to electrically couple with second electrical contacts of the shaft assembly based on the shaft assembly being coupled to the second mounting interface (520 that couple to opposing contacts as in par. [0055]).
Regarding claim 52, Price teaches a control system (40), wherein the first electrical contacts are in electrical communication with the control system (520 coupled to 40), and wherein the control system is operable to communicate with the shaft assembly via the first and second electrical contacts when the shaft assembly is coupled to the second mounting interface (520 that couple to opposing contacts and the control system as in par. [0055]).
Regarding claim 53, Price teaches wherein the control system comprises: 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 55, Price is not explicit regarding the latch.However, Reed teaches wherein the one or more latches comprises a first latch that includes a pivot portion rotatably coupled to the housing (24), a lock portion extending from the pivot portion and operable to engage the shaft assembly to releasably hold the shaft assembly at the second mounting interface (portion of 24 that mechanically locks to 46 as in Fig. 10b), and a spring to bias the lock portion toward the housing (197 as in par. [0082]).It would have been obvious to one of ordinary skill in the art to modify Price with the attachment mechanisms of Reed, to securely couple the end effector and shaft to the device body.
Regarding claim 57, Price teaches a shaft assembly of a surgical instrument (shaft assembly 22 of 10), the shaft assembly comprising: a frame (14) including a proximal attachment portion (as in Fig. 2 with an attachment portion to 120), 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 extending from the frame along a longitudinal axis (shaft 22); a distal attachment portion configured to receive an end effector (receives end effector 90 as in par. [0022]).Price is not explicit regarding and an articulate joint which pivotably connects the distal attachment portion to the elongate shaft, thereby allowing the distal attachment portion to transition from an unarticulated configuration, in which the distal attachment portion extends along the longitudinal axis, to an articulated configuration, in which the distal attachment portion deviates from the longitudinal axis.However, Reed teaches an articulate joint which pivotably connects the distal attachment portion to the elongate shaft (46 pivotably connecting the distal attachment portion 24 to the shaft 20 as in Fig. 9a), thereby allowing the distal attachment portion to transition from an unarticulated configuration, in which the distal attachment portion extends along the longitudinal axis (Fig. 10a), to an articulated configuration, in which the distal attachment portion deviates from the longitudinal axis (Fig. 10b with 24 deviating from the longitudinal axis).It would have been obvious to one of ordinary skill in the art to modify Price with the attachment mechanisms of Reed, to securely couple the end effector and shaft to the device body.
Regarding claim 58, Price is not explicit wherein the proximal attachment portion comprises a first attachment interface configured to mount the shaft assembly to a second attachment interface of the handle drive module, wherein the first attachment interface defines a latch window for receiving a latch of the handle drive module.However, Reed teaches an attachment interface to mount a shaft to a handle with a latch window receiving a latch of the handle drive module (Figs 9a-10b with latch 24).
It would have been obvious to one of ordinary skill in the art to modify Price with the attachment mechanisms of Reed, to securely couple the end effector and shaft to the device body.
Regarding claim 60, Prices is silent regarding a first rotatable drive shaft extending through the elongate shaft and having a first splined portion configured to be operably coupled to a second splined portion of a second rotatable drive shaft of the handle drive module when the shaft assembly is attached to the handle drive module.However, Reed teaches a motor that rotates a shaft that rotates a second shaft (motor with output shaft and actuation shaft as in at least par. [0008]), and latches coupled to the housing and configured to releasably hold the shaft assembly to the housing (Figs. 9a-10b with locking member 24 to releasably couple the shaft to the handle).It would have been obvious to one of ordinary skill in the art to modify Price with the more detailed motor and attachment mechanisms of Reed, to illustrate how the motor is used to actuate the device.
Regarding claim 63, Price teaches a handle assembly (12) of a surgical instrument (10), the hand assembly comprising: a drive module comprising: a housing including a distal attachment interface that is configured to releasably interface with a shaft assembly that includes an elongate shaft (housing 14 with an attachment interface connecting with a shaft assembly including 22);an actuator rotatably supported on the housing (par. [0036]);
a sensor system in operable to detect a rotation of the actuator relative to the housing (230 detects orientation of the actuator); anda motor operable to rotate the elongate shaft relative to the housing (20) based on the shaft assembly being coupled to the housing and the sensor system detecting the rotation of the actuator relative to the housing (230 detects orientation of the actuator).
Regarding claim 66, Price teaches wherein the sensor system comprises a first sensor arranged on a first side of the housing configured to detect the rotation of the actuator about in a first direction and a second sensor arranged on a second side of the housing opposite the first side and configured to detect the rotation of the actuator in a second direction different than the first direction (sensors 410/430 detect rotation orientation along different axis, with opposite side sensors detecting different directions).
Regarding claim 67, Price teaches a circuit board in operable communication with the motor assembly and the first and second sensors (control circuit 40), wherein the control circuit is operable to detect, with the first sensor, the actuator rotating in the first direction (par. [0052]);
Rotate, with the motor, the elongate shaft in the first direction based on detecting the actuator rotating in the first direction (par. [0065] orientation information resulting in actuation of the energy component/motor 20);detect, with the second sensor, the actuator rotating in the second direction (par. [0052]); androtate, with the motor, the elongate shaft in the second direction based on rotating the actuator rotating in the second direction (par. [0065] orientation information resulting in actuation of the energy component/motor 20).
Regarding claim 68, Price teaches a proximal attachment interface that is configured to releaseably coupled to a power module that includes a power source (power module 70 as 120 attached to housing as in par. [0022] as in Fig. 2), wherein the power source provides power to the motor based on the power module being coupled to the proximal attachment interface (120 cannot provide power to the device if not connected).
Regarding claim 69, Price teaches wherein the power module is a first power module (120), and wherein the one or more mounting interfaces further includes a third mounting interface between the proximal and distal ends of the housing and that is configured to releasably coupled with a second power module (battery 70 may be removable coupled to the handle in a separate interface).
Regarding claim 70, Price is not explicit wherein the housing defines an opening, and wherein the first latch further includes a release actuator extending from the pivot portion and through the opening.However, Reed teaches the housing defines an opening (opening for shaft), and the first latch further includes a release actuator extending from the pivot portion and through the opening (Figs. 10a-b with release actuator at the end of 24).It would have been obvious to one of ordinary skill in the art to modify Price with the attachment mechanisms of Reed, to securely couple the end effector and shaft to the device body.
Regarding claim 71, Price teaches wherein the first rotatable drive shaft includes:a first shaft portion exhibiting a first diameter and providing the first splined portion (first shaft portion as in Fig. 9a that has 22); and a second shaft portion extending distally from the first shaft portion and exhibiting a second diameter smaller than the first diameter (20 distal of the portion holding 22 as a thinner diameter).
Regarding claim 72, Prince teaches a communication system arranged within the frame and including a first electrical connector configured to couple to a second electrical connector of the handle drive module based on the shaft assembly being attached to the handle drive module (520 that couple to opposing contacts as in par. [0055] to a control module 40); and a circuit board in electrical communication with the first electrical connector (controller 40).
Regarding claim 73, Prince teaches a longitudinal shaft extending through the elongate shaft (Fig. 7), and a first electrical contact extending proximally from the longitudinal shaft, wherein the first electrical contact is configured to couple to a second electrical contact of the handle drive module based on the shaft assembly being attached to the handle drive module (Fig. 7 with contact 520 coupled to an opposing contact of the shaft portion as in par. [0056]).
Regarding claim 74, Prince is not explicit regarding a trigger rotatably coupled to the frame, but teaches trigger 168.Reed teaches a similar trigger 44 that is rotatably coupled to the handle frame (Fig. 2).It would have been obvious to one of ordinary skill in the art to modify the trigger to be rotatably coupled to the frame as in Reed, as a handle trigger that would work equally well to activate the device.
Regarding claim 75, Price teaches wherein the control circuit is further operable to:
detect, with the first sensor, the actuator rotating a first angular magnitude in the first direction (par. [0052]);
rotate, with the motor, the elongate shaft in the first direction at a first speed based on detecting the actuator rotating the first angular magnitude (par. [0065] orientation information resulting in actuation of the energy component/motor 20);
detect, with the first sensor, the actuator rotating a second angular magnitude different than the first angular magnitude in the first direction (par. [0052]); androtate, with the motor, the elongate shaft in the first direction at a second speed different than the first speed based on detecting the actuator rotating the second angular magnitude (par. [0065] orientation information resulting in actuation of the energy component/motor 20).
Regarding claim 76, Prince teaches wherein the housing defines an annular groove (Fig. 7), and wherein the actuator comprises an annular ring rotatably supported within the annular groove (ring 166).
Response to Arguments
Applicant’s arguments, see the remarks, filed 7/7/26, with respect to the rejection(s) of claim(s) 49-68 under 35 USC 102(a)(1) 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 Reed as a secondary reference.
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
/MICHAEL F PEFFLEY/Primary Examiner, Art Unit 3794
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