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 .
Response to Arguments
Applicant's arguments filed 8/26/2025 have been fully considered but they are not persuasive. Applicant argues Ramans does not provide a single driver engaging both fingers to cause simultaneous movement. Initially, it is noted that the claims do not require “a single driver” merely that the first and second drive engagement portions are unitarily provided with the driver and the pulleys 124 of Ramans and the first and second drive engagement portions (apertures 142 or pins 180, 182) can work together with the pulleys 124 in a unitary manner i.e. without coming apart. Additional reference is made to claims 11 and 12 of the present application in which the first and second drive engagement portions can be pins 12 and/or 14 which are not of a single piece with the driver 8.
With respect to applicant’s argument that the pulleys 124 do not cause simultaneous movement of both the first drive engagement portion and the second drive engagement portion about the drive axis because the two pulleys allow for independent movement of each finger, attention is drawn to the embodiment of Figure 18 in which a single pulley 124 includes both pivot pins 180, 182; thereby causing simultaneous movement of both apertures 142 and pins 180, 182. Accordingly, arguments over Ramans are not found persuasive.
Claim Rejections - 35 USC § 102
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.
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) 1-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ramans (US 6,206,903 B1).
Regarding claim 1, Ramans discloses an actuation mechanism (end effector 120; while the embodiment of Fig. 18 is being relied upon, reference is made to Figs. 11-13 for like elements) comprising: a first jaw (one finger 122) rotatable about a jaw axis (along pivot hole 130; Fig. 11) and comprising a first jaw engagement portion (pivot pin 180 or slot 132; Figs. 11, 18), a second jaw (other finger 122) rotatable about the jaw axis (Figs. 11, 18) and comprising a second jaw engagement portion (pivot pin 182 or slot 132), and a driver (pulley 124; Fig. 18) rotatable about a drive axis (axis through 170)) parallel to the jaw axis (Figs. 11-13) and comprising a first drive engagement portion (aperture 142 or pivot pin 180) and a second drive engagement portion (other aperture 142 or pivot pin 182) radially spaced-apart on the driver about the drive axis (above and below the mid-plane MP; Fig. 18), the first drive engagement portion and the second drive engagement portion being unitarily provided with the driver (as slots 142 and pins 180, 182 work as a unit with pulley 124) such that rotation of the driver (124) about the drive axis (170) causes simultaneous movement of both the first drive engagement portion and the second drive engagement portion about the drive axis (as both apertures 142 and pins 180, 182 are on a single pulley 124 spaced apart from one another; Fig. 18); wherein the first jaw engagement portion and the first drive engagement portion are slidably engageable with one another and the second jaw engagement portion and the second drive engagement portion are slidably engageable with one another (as 124 rotationally slides around pins 180, 182; Fig. 11); whereby, when the first jaw engagement portion is engaged with the first drive engagement portion and the second jaw engagement portion is engaged with the second drive engagement portion, rotation of the driver about the drive axis causes rotation of the first jaw in a first sense and the second jaw in an opposite sense (as rotation of the pully 124 causes the transfer pivot pins 180, 182 to rotate relative to the pulley pivot pin 170 to produce pivoting of the fingers 122).
Regarding claim 2, Ramans discloses further comprising a first and second tendon (ends of at least one activation cable; see for example, cables C1 and C2; Fig. 7) each attachable to the driver (column 11, lines 39-42).
Regarding claim 3, Ramans discloses wherein each jaw comprises a drive portion (proximal portion of 122 or attachment portion 128), a tool portion (distal jaw portion of 122 or grip portion 126) and a jaw axle receiving portion (pivot holes 130) positioned between the drive portion and the tool portion and extending along the jaw axis (Figs. 11-12).
Regarding claim 4, Ramans discloses wherein the first (pivot pin 180 or slot 132; Fig. 11) and second jaw engagement portions (pivot pin 182 or slot 132) are each positioned in the drive portion (proximal portion) of the respective jaw (Fig. 11).
Regarding claim 5, Ramans discloses wherein the tool portions (distal portion) of the first and second jaws (122) are configured as scissor blades, forceps, a dissector or a grasper (at least a grasper as 126 is a grip portion; column 10, lines 46-48).
Regarding claim 6, Ramans discloses wherein each jaw (122) is rotatable between an open position and a closed position (column 11, lines 39-54).
Regarding claim 7, Ramans discloses wherein the actuation mechanism is movable between an open configuration (as 128 and 124 rotate), in which each jaw (122) is in its open position, and a closed configuration, in which each jaw is in its closed position (column 11, lines 39-54).
Regarding claim 8, Ramans discloses a housing (portion of 122 surrounding 130) comprising a jaw axle (pivot pin 160) extending along the jaw axis and rotatably receivable within the jaw axle receiving portion (130) of each jaw such that each jaw is rotatable relative to the housing about the jaw axle (Fig. 11; column 11, lines 39-54).
Regarding claim 9, Ramans discloses wherein the driver (124) further comprises a drive axle receiving portion (slots 140) and the housing further comprises a drive axle (pivot pin 170) extending along the drive axis (along 170) and rotatably receivable within the drive axle receiving portion of the driver such that the driver is rotatable relative to the housing about the drive axle (Fig. 11; column 11, lines 39-54).
Regarding claim 10, Ramans discloses wherein the first jaw engagement portion comprises a first pin (180), the second jaw engagement portion comprises a second pin (182), the first drive engagement portion comprises a first slot (first 142) and the second drive engagement portion comprises a second slot (second 142; Figs. 11-13).
Regarding claim 11, Ramans discloses wherein the first jaw engagement portion comprises a first slot (first 132), the second jaw engagement comprises a second slot (second 132), the first drive engagement portion comprises a first pin (180) and the second drive engagement portion comprises a second pin (182).
Regarding claim 12, Ramans discloses wherein the first jaw engagement portion comprises a first pin (180), the second jaw engagement portion comprises a second slot (second 132), the first drive engagement portion comprises a first slot (first 142) and the second drive engagement portion comprises a second pin (182).
Regarding claim 13, Ramans discloses a surgical instrument (surgical instrument 14; see for example, Fig. 1) comprising a shaft (elongate shaft 14.1), an articulated portion (pivotal connection 54; Fig. 7) coupled to the shaft and an end effector (where end effector 120 is another embodiment for end effector 58 of Fig. 7; column 10, lines 32-36) coupled to the articulated portion (Fig. 7), which end effector comprises an actuation mechanism according to claim 1 (see claim 1 above).
Claim(s) 1-9, 11 and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al. (US 8,702,748 B2).
Regarding claim 1, Kim discloses an actuation mechanism (Figs. 10-12) comprising: a first jaw (jaw 410) rotatable about a jaw axis (axis of shaft 311) and comprising a first jaw engagement portion (slit 412), a second jaw (other jaw 410) rotatable about the jaw axis and comprising a second jaw engagement portion (other slit 412), and a driver (driving roller 420) rotatable about a drive axis (axis through center of 420) parallel to the jaw axis (Fig. 11) and comprising a first drive engagement portion (pin 421) and a second drive engagement portion (other pin 421) radially spaced-apart on the driver about the drive axis (Figs. 11-12), the first drive engagement portion and the second drive engagement portion being unitarily provided with the driver (Figs. 11-12) such that rotation of the driver about the drive axis causes simultaneous movement of both the first drive engagement portion and the second drive engagement portion about the drive axis (Figs. 11-12, 17); wherein the first jaw engagement portion (412) and the first drive engagement portion (421) are slidably engageable with one another (as pin 421 slides within slit 412) and the second jaw engagement portion (other 412) and the second drive engagement portion (other 421) are slidably engageable with one another; whereby, when the first jaw engagement portion (412) is engaged with the first drive engagement portion (421) and the second jaw engagement portion (other 412) is engaged with the second drive engagement portion (other 421), rotation of the driver about the drive axis causes rotation of the first jaw in a first sense and the second jaw in an opposite sense (Figs. 11-12, 17).
Regarding claim 2, Kim discloses a first and second tendon (opposing ends of wire 710; Fig. 17) each attachable to the driver (Fig. 17; it is further noted applicant states the first and second tendons may be joined and may further be integrally formed; [0012], similar to Kim).
Regarding claim 3, Kim discloses wherein each jaw comprises a drive portion (proximal end of jaw), a tool portion (distal end of jaw) and a jaw axle receiving portion (opening 411) positioned between the drive portion and the tool portion and extending along the jaw axis (Figs. 11-12).
Regarding claim 4, Kim discloses wherein the first and second jaw engagement portions (412) are each positioned in the drive portion (proximal end of jaw) of the respective jaw (Figs. 11-12).
Regarding claim 5, Kim discloses wherein the tool portions of the first and second jaws are configured as scissor blades, forceps, a dissector or a grasper (forceps 410; Figs. 11-12).
Regarding claim 6, Kim discloses wherein each jaw is rotatable between an open position and a closed position (Fig. 17).
Regarding claim 7, Kim discloses wherein the actuation mechanism is movable (via movement of 710) between an open configuration, in which each jaw is in its open position, and a closed configuration, in which each jaw is in its closed position (Fig. 17).
Regarding claim 8, Kim discloses a housing (body 310) comprising a jaw axle (shaft 311) extending along the jaw axis and rotatably receivable within the jaw axle receiving portion (411) of each jaw such that each jaw is rotatable relative to the housing about the jaw axle (Figs. 11-12).
Regarding claim 9, Kim discloses wherein the driver further comprises a drive axle receiving portion (slot in the center of 420 in Fig. 12) and the housing (310) further comprises a drive axle (pin within slot in the center of 420; Fig. 17) extending along the drive axis and rotatably receivable within the drive axle receiving portion of the driver such that the driver is rotatable relative to the housing about the drive axle (Fig. 17).
Regarding claim 11, Kim discloses wherein the first jaw engagement portion comprises a first slot (412), the second jaw engagement portion comprises a second slot (other 412), the first drive engagement portion comprises a first pin (421) and the second drive engagement portion comprises a second pin (other 421).
Regarding claim 13, Kim discloses a surgical instrument comprising a shaft (elongated shaft 100; Fig. 17), an articulated portion (flexible joint 200) coupled to the shaft (Fig. 17) and an end effector (forceps 400) coupled to the articulated portion (Fig. 17), which end effector (400) comprises an actuation mechanism according to claim 1 (see claim 1 above).
Claim Rejections - 35 USC § 103
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.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 10 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 8,702,748 B2) in view of Ramans (US 6,206,903 B1).
Regarding claims 10 and 12, Kim discloses wherein the first jaw engagement portion comprises a first slot (412), the second jaw engagement portion comprises a second slot (other 412), the first drive engagement portion comprises a first pin (421) and the second drive engagement portion comprises a second pin (other 421) but fails to disclose wherein the first jaw engagement portion comprises a first pin, the second jaw engagement portion comprises a second pin, the first drive engagement portion comprises a first slot and the second drive engagement portion comprises a second slot or wherein the first jaw engagement portion comprises a first pin, the second jaw engagement portion comprises a second slot, the first drive engagement portion comprises a first slot and the second drive engagement portion comprises a second pin.
However, Ramans teaches an actuation mechanism (end effector 120; Figs. 11-13) comprising: a first jaw (one finger 122) rotatable about a jaw axis (along pivot hole 130; Fig. 11) and comprising a first jaw engagement portion (pivot pin 180 or slot 132; Figs. 11, 18), a second jaw (other finger 122) rotatable about the jaw axis (Figs. 11, 18) and comprising a second jaw engagement portion (pivot pin 182 or slot 132), and a driver (pulley 124; Fig. 18) rotatable about a drive axis (axis through 170)) parallel to the jaw axis (Figs. 11-13) and comprising a first drive engagement portion (aperture 142 or pivot pin 180) and a second drive engagement portion (other aperture 142 or pivot pin 182); wherein the first jaw engagement portion and the first drive engagement portion are slidably engageable with one another and the second jaw engagement portion and the second drive engagement portion are slidably engageable with one another (as 124 rotationally slides around pins 180, 182; Fig. 11); whereby, when the first jaw engagement portion is engaged with the first drive engagement portion and the second jaw engagement portion is engaged with the second drive engagement portion, rotation of the driver about the drive axis causes rotation of the first jaw in a first sense and the second jaw in an opposite sense (as rotation of the pully 124 causes the transfer pivot pins 180, 182 to rotate relative to the pulley pivot pin 170 to produce pivoting of the fingers 122).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the first and second jaw engagement portions to be first and second pins and modify the first and second drive engagement portions to be first and second slots or to modify the first jaw engagement portion to be a first pin, the second jaw engagement portion to be a second slot, the first drive engagement portion to be a first slot, and the second drive engagement portion to be a second pin in light of the teachings of Ramans. All the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would have yielded the predictable result of allowing the jaws to open and close relative to one another as the driver is rotated.
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 SARAH A LONG whose telephone number is (571)270-3865. The examiner can normally be reached Monday-Friday 9am-5pm.
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, Elizabeth Houston can be reached at (571)272-7134. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SARAH A LONG/Primary Examiner, Art Unit 3771
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