Prosecution Insights
Last updated: July 17, 2026
Application No. 18/446,222

ELECTROSURGICAL DEVICE

Final Rejection §102§103
Filed
Aug 08, 2023
Examiner
OUYANG, BO
Art Unit
3794
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Cilag GmbH International
OA Round
2 (Final)
60%
Grant Probability
Moderate
3-4
OA Rounds
1y 1m
Est. Remaining
69%
With Interview

Examiner Intelligence

Grants 60% of resolved cases
60%
Career Allowance Rate
239 granted / 395 resolved
-9.5% vs TC avg
Moderate +8% lift
Without
With
+8.2%
Interview Lift
resolved cases with interview
Typical timeline
4y 0m
Avg Prosecution
39 currently pending
Career history
450
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
78.7%
+38.7% vs TC avg
§102
14.6%
-25.4% vs TC avg
§112
2.7%
-37.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 395 resolved cases

Office Action

§102 §103
CTFR 18/446,222 CTFR 91418 DETAILED ACTION Applicant's amendments and remarks, filed 1/27/26, are fully acknowledged by the Examiner. Currently, claims 1-20 are pending with claims 19-20 added, and claims 1-2, 7, 11-12, and 15 amended. Applicant's amendment to claim 7 has overcome the previously filed 35 USC 112(a) rejection. The following is a complete response to the 1/27/26 communication. Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. 07-06 AIA 15-10-15 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 07-20-aia AIA 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. 07-21-aia AIA Claim (s) 1-5 and 7-17, 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Worrell (US 2018/0021051) in view of Dycus (US 2007/0142833) . Regarding claim 1, Worrell teaches an electrosurgical device, comprising: a body (20); a shaft extending distally from the body (shaft 40), the shaft consisting of: a monolithic outer tube (shaft 40), and a single inner guide disposed within the monolithic outer tube and extending a length thereof (inner guide 64); an outer guide coupled to the shaft and the body (42), the outer guide being configured to minimize unwanted motion between the body and the shaft (42 couples to the shaft and handle portion); and an end effector operatively coupled to a distal end of the shaft (50 as in at least par. [0066]), the end effector comprising a pair of jaws configured to grasp tissue and to receive a blade from the shaft to transect the grasped tissue (Fig. 2f and jaws 52,54).Worrell is not explicit wherein the single inner guide extends an entire length between the end effector and the body.However, Dycus teaches an inner guide through an entire length from the end effector and the body (par. [0112] with guide rail 163 as in Fig. 2 along an entire length of the shaft).It would have been obvious to one of ordinary skill in the art to modify the inner guide of Worrell such that it extends an entire length between the end effector and body, as in Dycus, to guide the knife assembly through the entire shaft. Regarding claim 2, Worrell teaches wherein the singular inner guide includes a plurality of channels defined in an exterior thereof (channels 69), each of the channels within the plurality of channels extending an entire length of the singular inner guide and being configured to receive an element in electrical communication with the body (wire 30). Regarding claim 3, Worrell teaches wherein the plurality of channels includes an active rod channel configured to receive an active rod therein (channel 69 for active rod 30), the active rod channel including a proximal ramp feature configured to direct the active rod received within the active rod channel toward a center of the singular inner guide (par. [0101] wire moving from 45e towards channel 67). Regarding claim 4, Worrell teaches wherein the plurality of channels includes a knife track being configured prevent bucking of a knife positioned therein during an activation stroke of the knife (par. [0065], par. [0004] channel to help knife positioning). Regarding claim 5, Worrell teaches wherein the monolithic outer tube has a tapered hole therein and the singular inner guide has a second tapered hole therein, and wherein the first and second tapered holes are configured to align when the singular inner guide is properly positioned within the monolithic outer tube (lumens of 42 with shaft 40 align to allow operational components through as in par. [0066]). Regarding claim 7, Worrell teaches wherein the monolithic outer tube includes a central lumen configured to receive the single inner guide therethrough (tube 40 with inner central lumen for the guide). Regarding claim 8, Worrell teaches wherein the outer guide includes an outer guide clip configured to couple to the outer guide and to the shaft (guide 64 with clips 68 as in Fig. 4a), and configured to prevent rotation of the shaft relative to the monolithic outer guide (holds the shaft relative to the outer guide 64). Regarding claim 9, wherein the outer guide clip is substantially Y- shaped (clips 68). Regarding claim 10, Worrell teaches wherein the outer guide clip is configured to couple to corresponding grooves in an exterior of the shaft (68 couple to shaft 40 with corresponding grooves 161 as in par. [0113]). Regarding claim 11, Worrell teaches an electrosurgical device, comprising: a body (20); a shaft extending distally from the body and being secured to the body via an outer guide including an outer guide base, an outer cover, and an outer guide clip configured to couple the outer guide to the shaft (42), the shaft consisting of: a monolithic outer tube, and a single inner guide disposed within the outer tube (guide 64 within shaft 40); and an end effector operatively coupled to a distal end of the shaft (50 as in at least par. [0066]), the end effector comprising a pair of jaws configured to grasp tissue (Fig. 2f and jaws 52,54), wherein the outer guide is configured to minimize user independent motion between the body and the shaft (42 couples to the shaft and handle portion), Worrell is not explicit wherein the end effector is positioned at the distal end of the single inner guide.However, Dycus teaches an inner guide through an entire length to the end effector (par. [0112] with guide rail 163 as in Fig. 2 along an entire length of the shaft).It would have been obvious to one of ordinary skill in the art to modify the inner guide of Worrell such that it extends an entire length between the end effector and body, as in Dycus, to guide the knife assembly through the entire shaft. Regarding claim 12, Worrell teaches wherein the singular inner guide includes a plurality of channels defined in an exterior thereof (channels 69), each of the channels within the plurality of channels extending an entire length of the singular inner guide and being configured to receive an element in electrical communication with the body (wire 30). Regarding claim 13, Worrell teaches wherein the plurality of channels includes an active rod channel defined in an exterior thereof (30), the singular inner guide including a proximal ramp feature configured to direct an active rod received within the active rod channel toward a center of the singular inner guide (par. [0101] wire moving from 45e towards channel 67). Regarding claim 14, Worrell teaches an active rod extending between the handpiece and the end effector (active rod 30), and being configured to conduct an electrical current generated by the handpiece to tissue grasped in the pair of jaws (par. [0071]). Regarding claim 15, Worrell teaches further comprising a knife disposed in the plurality of channels and being configured to extend into the pair of jaws to transect grasped tissue during an activation stroke triggered by an input at the body (90 in the channels and configured to extend into jaws 52,54 during an activation stroke as in par. [0072]). Regarding claim 16, Worrell teaches wherein the plurality of channels includes a knife track being configured prevent buckling of a knife positioned therein during an activation stroke of the knife (channel 70c with space for stiffening elements to stiffen the knife). Regarding claim 17, Worrell teaches wherein the monolithic outer sleeve has a tapered hole therein and the singular inner guide has a second tapered hole therein, and wherein the first and second tapered holes are configured to align when the singular inner guide is properly positioned within the monolithic outer sleeve (lumens of 42 with shaft 40 align to allow operational components through as in par. [0066]). Regarding claim 19, Worrell teaches wherein the body comprises a handle (handle 20). Regarding claim 20, Worrell teaches an electrosurgical device, comprising: a body (20), the body comprising one or both of a handpiece or a base element configured to mate with a robotic surgical platform (par. [0073]); a shaft extending distally from the body (40), the shaft consisting of: a monolithic outer tube (outer tube 40), and a single inner guide disposed within the monolithic outer tube and extending a length thereof (inner guide 64), the single inner guide including: a channel configured to receive an electrically conductive element (channel 69 for wire 30), and a blade track configured to support a tissue-cutting blade (channel 70c with space for stiffening elements to stiffen the knife); a tissue-cutting blade slidably disposed in the blade track (90 in the channels and configured to extend into jaws 52,54 during an activation stroke as in par. [0072]); an outer guide coupled to the shaft and the body (42); and an end effector coupled to a distal end of the shaft (50 as in at least par. [0066]), the end effector comprising a pair of jaws configured to grasp tissue and to receive the blade to transect the grasped tissue (Fig. 2f and jaws 52,54). Worrell is not explicit wherein the single inner guide extends an entire length between the end effector and the body.However, Dycus teaches an inner guide through an entire length from the end effector and the body (par. [0112] with guide rail 163 as in Fig. 2 along an entire length of the shaft).It would have been obvious to one of ordinary skill in the art to modify the inner guide of Worrell such that it extends an entire length between the end effector and body, as in Dycus, to guide the knife assembly through the entire shaft . 07-21-aia AIA Claim (s) 6 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Worrell in view of Dycus, in further view of Hancock (US 2020/0222112) . Regarding claim 6, Worrell is not explicit regarding the device further comprising heat shrink tubing disposed around the shaft. However, Hancock teaches heat shrink applied around the shaft, to help stiffen the shaft when actuated or rotated (par. [0096]). It would have been obvious to one of ordinary skill in the art to modify Worrell with the heat shrink of Hancock, allowing for something to grip onto for rotation or push/pull as in par. [0096]. Regarding claim 18, Worrell is not explicit regarding the device further comprising heat shrink tubing disposed around the shaft. However, Hancock teaches heat shrink applied around the shaft, to help stiffen the shaft when actuated or rotated (par. [0096]). It would have been obvious to one of ordinary skill in the art to modify Worrell with the heat shrink of Hancock, allowing for something to grip onto for rotation or push/pull as in par. [0096] . Response to Arguments 07-38-02 AIA Applicant’s arguments, see the remarks , filed 2/5/26 , with respect to the rejection(s) of claim(s) 1-18 under 35 USC 102(a)(1) or 35 USC 103 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 Dycus as a secondary reference . Conclusion 07-40 AIA 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. 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. 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. /BO OUYANG/Examiner, Art Unit 3794 /MICHAEL F PEFFLEY/Primary Examiner, Art Unit 3794 Application/Control Number: 18/446,222 Page 2 Art Unit: 3794 Application/Control Number: 18/446,222 Page 3 Art Unit: 3794 Application/Control Number: 18/446,222 Page 4 Art Unit: 3794 Application/Control Number: 18/446,222 Page 5 Art Unit: 3794 Application/Control Number: 18/446,222 Page 6 Art Unit: 3794 Application/Control Number: 18/446,222 Page 7 Art Unit: 3794 Application/Control Number: 18/446,222 Page 8 Art Unit: 3794 Application/Control Number: 18/446,222 Page 9 Art Unit: 3794
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Prosecution Timeline

Aug 08, 2023
Application Filed
Nov 05, 2025
Non-Final Rejection mailed — §102, §103
Jan 26, 2026
Applicant Interview (Telephonic)
Jan 27, 2026
Response Filed
Feb 02, 2026
Examiner Interview Summary
Jun 01, 2026
Final Rejection mailed — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
60%
Grant Probability
69%
With Interview (+8.2%)
4y 0m (~1y 1m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 395 resolved cases by this examiner. Grant probability derived from career allowance rate.

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