DETAILED ACTION
Applicant's amendments and remarks, filed 7/27/26, are fully acknowledged by the Examiner. Currently, claims 1, 3-11, 13-22 are pending with claims 2 and 12 canceled, claims 21-22 added, and claims 1, 3-5, 7-8, 11, 13-17, 20 amended. The following is a complete response to the 7/27/26 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.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 8/26/26 has been entered.
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, 3-5 and 7-11, 13-17, 19-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Worrell (US 2018/0021051) in view of Shelton (US 2019/0314015).
Regarding claim 1, Worrell teaches an electrosurgical device, comprising: a body (20);
a shaft extending distally from the body (shaft 40), the shaft comprising:
a monolithic outer tube (shaft 40), and a single inner guide disposed within the monolithic outer tube and extending a length thereof (inner guide 44), wherein the single inner guide includes a plurality of channels extending a full length of the single inner guide (collectively lumens 45), the plurality of channels including:an electrical conductor channel (45e), a knife track (45b), and a closure band channel (45a);
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); an electrical conductor disposed in the electrical conductor channel (par. [0083] and wire 30 in 45e);a knife disposed in the knife track (cutting mechanism 90 in 45b);a closure band disposed in the closure band channel (closure band 84 in 45a);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 of the knife 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, Shelton teaches an inner guide through an entire length from the end effector and the body (par. [0205] with spine 1210 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 Shelton, to guide the knife assembly through the entire shaft.
Regarding claim 3, Worrell teaches the electrical conductor channel including a proximal ramp feature configured to direct the electrical conductor toward a center of the single inner guide (par. [0101] wire moving from 45e towards channel 67).
Regarding claim 4, Worrell teaches wherein the knife track includes a distal sub-channel configured to prevent bucking of the knife 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 first tapered hole therein and the single 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 outer guide includes a central lumen configured to receive the shaft 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 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 comprising:
a monolithic outer tube, and a single inner guide disposed within the outer tube (guide 44 within shaft 40) and including a plurality of channels comprising:an electrical conductor channel (45e), a knife track (45b), and a closure band channel (45a);an electrical conductor disposed in the electrical conductor channel (par. [0083] and wire 30 in 45e);a knife disposed in the knife track (cutting mechanism 90 in 45b);a closure band disposed in the closure band channel (closure band 84 in 45a); 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, Shelton teaches an inner guide through an entire length from the end effector and the body (par. [0205] with spine 1210 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 Shelton, to guide the knife assembly through the entire shaft.
Regarding claim 13, Worrell teaches wherein the electrical conductor channel defined in an exterior thereof (30), the single inner guide including a proximal ramp feature configured to direct the electrical conductor toward a center of the singular inner guide (par. [0101] wire moving from 45e towards channel 67).
Regarding claim 14, Worrell teaches the electrical conductor extending between the base and the end effector (active rod 30), the electrical conductor 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 the knife 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 the knife track configured prevent buckling of a knife 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 tube has a first tapered hole
therein and the single inner guide has a second tapered hole therein, and wherein the first and second tapered holes are configured to align when the single 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 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 comprising:
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 44), the single inner guide including a plurality of channels including:a closure band channel configured to receive a closure band (closure band 84 in 45a);
an electrical conductor channel (par. [0083] and wire 30 in 45e);
a blade track configured to support a tissue-cutting blade (channel 45b for knife);
a closure band disposed in the closure band channel (closure band 84 in 45a);an electrical conductor disposed in the electrical conductor channel (par. [0083] and wire 30 in 45e);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, Shelton teaches an inner guide through an entire length from the end effector and the body (par. [0205] with spine 1210 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 Shelton, to guide the knife assembly through the entire shaft.
Regarding claim 21, Worrell teaches the closure band channel including a tapered portion toward a distal end of the single inner guide (lumens of 42 with shaft 40 align to allow operational components through as in par. [0066]).
Regarding claim 22, Worrell teaches the electrical conductor including an active rod (30).
Claim(s) 6 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Worrell in view of Shelton, 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
Applicant’s arguments, see the remarks, filed 7/27/26, with respect to the rejection(s) of claim(s) 1-20 under 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 Shelton as a secondary reference.
Conclusion
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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