DETAILED ACTION
Continued Examination
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 10/23/2025 has been entered.
Claims 1-25 remain pending in the application.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/23/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Claims 1-2, 4-14 and 16-25 are rejected under 35 U.S.C. 103 as being unpatentable over USPGP# 20080167644 of Shelton et. al. (henceforth Shelton) in view of USPGP# 20190209250 of Giordano et al. (henceforth Giordano) and in further view of USPGP# 20180153450 of Routh et al. (henceforth Routh).
Regarding claim 1, Shelton teaches
A surgical instrument (10), comprising:
an end effector (12) configured to grasp tissue, the end effector comprising:
a jaw (22); and
a staple cartridge (34) seatable in the jaw, wherein the staple cartridge comprises:
a cartridge body (external frame of 34);
staples (380) removably stored in the cartridge body;
a sensor array (368, 371, para 0059); and
a charge accumulator (456, para 0068);
a power source (64).
Shelton teaches a separate power source (battery 452, para 0069) for charging the charge accumulator instead of the surgical instrument battery (64). Therefore, Shelton does not teach said power source is configured to supply power to the staple cartridge.
Giordano teaches
A surgical instrument (10), comprising:
an end effector (12) configured to grasp tissue, the end effector comprising:
a jaw (22); and
a staple cartridge (34) seatable in the jaw, wherein the staple cartridge comprises:
a cartridge body (external frame of 34);
staples (380) removably stored in the cartridge body (para 0198);
a sensor array (368, para 0191, “one or more of the sensor transponders 368 for the instrument 10 may be located in the end effector 12”); and
a power source (64) configured to supply power to the staple cartridge (para 0188, “The control unit 300 may be powered by the battery 64” and para 0191, “To deliver power and/or transmit data to or from the sensor transponders 368 in the end effector 12, the inductive element 302 of the control unit 300 may be inductively coupled to a secondary inductive element” see also para 0192-0194 for additional details)
a transmission system (302, 320, 322, 324) configured to wirelessly transfer the power (para 0191)
It would have been obvious to one of ordinary skill in the art, at the time the invention was filed, to modify the surgical instrument of Shelton such that the power source powers the staple cartridge as taught by Giordano in order to allow the main power source (i.e. main battery 64 of Giordano) to supply power to a subsystem of the instrument (i.e. the charge accumulator of the cartridge of Shelton). This provides the predictable result of allowing the instrument to be stored for extended periods of time (i.e. increased shelf life) without needing a dedicated power source for the cartridge. Additionally, this allows the instrument to have fewer parts (by eliminating the need for aux power source 452 in Shelton), since the main battery 64 of the instrument can power both the instrument as well as provide power to the charge accumulator.
The combination of Shelton and Giordano teaches
said surgical instrument further comprising:
a transmission system (Shelton: 302, 320, 322, 324 and Giordano: 302, 320, 322, 324) configured to wirelessly transfer the power to the charge accumulator (Giordano’s transmission system 302, 320, 322, and 324 provide power to the cartridge 34 and therefore after Shelton is modified with Giordano, it will also supply power to the charge accumulator which is part of the cartridge); and
a power management circuit (Shelton: 300, 414, 416) configured to:
monitor a charge parameter (Shelton: para 0069, remaining charge) of the charge accumulator (Shelton: para 0069, “The auxiliary power source 452, circuit element and cartridge power source may be linked and may charge the power source 456 according to any suitable method wired or wireless (e.g., inductive) method including, for example, those discussed above with respect to FIGS. 17, 18 and 19.” and para 0066, “the auxiliary power source 402 may provide a charging current based on a current state of the source instrument. As shown in FIG. 18, the circuit element 410 may comprise one or more switches 412 or resistors (not shown) to monitor the charge on the instrument power source 406 and provide current from the auxiliary source 402 when the charge on the source 406 0191reaches a predetermined threshold. Current provided by the auxiliary power source 402 may also be regulated by various other means including, for example, by microprocessor 414 and switch network 416 as shown in FIG. 19. The functions of the processor 414 may be performed by the processor 306 described above, or by any other control system of the instrument 10.” i.e. “any other control system of the instrument” = control system 300).
The combination of Shelton and Giordano does not teach the power management circuit is configured to adjust a sensor parameter of the sensor array based on the charge parameter.
Routh teaches
a medical instrument (400) comprising a similar transmission system (“inductive”, para 0115) and a power management circuit (404, 408, 406) for communicating with a remote sensor (200); said sensor comprising a charge accumulator (230); wherein said power management circuit is configured to monitor a charge parameter (battery level) of the charge accumulator (para 0185) and adjust a sensor parameter (para 0185, “n” = frequency of transmission of data) of the sensor based on the charge parameter (para 0185, “The local receiver logic can further be configured to dynamically vary the number n based at least on one or more operational parameters, such as e.g., a remaining level of power in the electrical power source (e.g., battery level, as determined by a known voltage versus capacity profile)”).
It would have been obvious to one of ordinary skill in the art, at the time the invention was filed, to modify the power management circuit of the combination of Shelton and Giordano such that the power management circuit is configured to adjust a sensor parameter of the sensor array based on the charge parameter as taught by Routh in order to produce the predictable result of extending the time the sensor array can remain active. This makes the instrument more versatile as it can be used in longer surgical operations.
Regarding claim 2, as shown in claim 1, the combination of Shelton, Giordano and Routh teaches
wherein monitoring the charge parameter comprises comparing a charge status of the charge accumulator to a threshold charge status (Shelton: para 0069, “The auxiliary power source 452, circuit element and cartridge power source may be linked and may charge the power source 456 according to any suitable method wired or wireless (e.g., inductive) method including, for example, those discussed above with respect to FIGS. 17, 18 and 19.” and para 0066, “the auxiliary power source 402 may provide a charging current based on a current state of the source instrument. As shown in FIG. 18, the circuit element 410 may comprise one or more switches 412 or resistors (not shown) to monitor the charge on the instrument power source 406 and provide current from the auxiliary source 402 when the charge on the source 406 reaches a predetermined threshold”).
Regarding claim 4, as shown in claim 1, the combination of Shelton, Giordano and Routh teaches
wherein adjusting the sensor parameter comprises adjusting a sampling rate of a sensor of the sensor array (Routh: para 0185).
Regarding claim 5, as shown in claim 1, the combination of Shelton, Giordano and Routh teaches
wherein the transmission system comprises a first antenna (Shelton: 324,and Giordano: 324) attached to the surgical instrument (Shelton: shaft 8 of surgical instrument).
Regarding claim 6, as shown in claim 5, the combination of Shelton, Giordano and Routh teaches
wherein the transmission system further comprises a second antenna (Giordano: para 0192, “The transponder 368, as described in more detail below, may include an antenna (or coil) for inductive coupling to the distal coil 324”) attached to the cartridge body (Shelton: para 0060, fig. 11, Giordano: para 0197).
Regarding claim 7, as shown in claim 6, the combination of Shelton, Giordano and Routh teaches
wherein seating the staple cartridge in the jaw aligns the first antenna and the second antenna for wireless transfer of the power therebetween (Giordano: para 0193).
Regarding claim 8, as shown in claim 1, the combination of Shelton, Giordano and Routh teaches
wherein the charge accumulator comprises a capacitor (Shelton: para 0068).
Regarding claim 9, as shown in claim 1, the combination of Shelton, Giordano and Routh teaches
wherein the charge accumulator supplies power to the sensor array (Shelton: para 0068).
Regarding claim 10, as shown in claim 1, the combination of Shelton, Giordano and Routh teaches
wherein the charge accumulator is activated when the cartridge is one of removed from a package containing the cartridge (Shelton: para 0067, “The tab 405 may be connected to a portion of the package 280 and configured to close the switch 412 as the package 280 is opened.” and para 0069 “The auxiliary power source 452, circuit element and cartridge power source may be linked and may charge the power source 456 according to any suitable method wired or wireless (e.g., inductive) method including, for example, those discussed above with respect to FIGS. 17, 18 and 19.”) or seated in the jaw (Shelton: para 0070, “The cartridge 34 may include a cut-off switch or other circuit element that is closed when the cartridge 34 is installed in an end effector 12. When the cut-off switch is closed, the power source 456 may be connected to its load (e.g., any sensors or other powered electronics present in the cartridge 34).”).
Regarding claim 11, as shown in claim 1, the combination of Shelton, Giordano and Routh teaches
wherein the cartridge comprises a cartridge power management system which further includes a charging circuit (Shelton: circuit element as described in para 0069 and 0067) in communication with the charge accumulator and includes an antenna (Giordano: para 0192, “The transponder 368, as described in more detail below, may include an antenna (or coil) for inductive coupling to the distal coil 324”) configured to receive power from the surgical instrument and charge the charge accumulator therewith. Additionally, para 0193 of Giordano teaches battery 64 inductively provides power to the sensor 368 through coil 326 and therefore after the modification of Shelton will provide power to all of the cartridge 34 electronics such as the charge accumulator 456 of Shelton).
Regarding claim 12, as shown in claim 10, the combination of Shelton, Giordano and Routh teaches
wherein the cartridge power management system communicates data indicative of a charge status (Shelton: para 0066, “the auxiliary power source 402 may provide a charging current based on a current state of the source instrument. As shown in FIG. 18, the circuit element 410 may comprise one or more switches 412 or resistors (not shown) to monitor the charge on the instrument power source 406 and provide current from the auxiliary source 402 when the charge on the source 406 reaches a predetermined threshold), (Shelton: para 0069, “The auxiliary power source 452, circuit element and cartridge power source may be linked and may charge the power source 456 according to any suitable method wired or wireless (e.g., inductive) method including, for example, those discussed above with respect to FIGS. 17, 18 and 19.” and para 0066, “the auxiliary power source 402 may provide a charging current based on a current state of the source instrument. As shown in FIG. 18, the circuit element 410 may comprise one or more switches 412 or resistors (not shown) to monitor the charge on the instrument power source 406 and provide current from the auxiliary source 402 when the charge on the source 406 0191reaches a predetermined threshold. Current provided by the auxiliary power source 402 may also be regulated by various other means including, for example, by microprocessor 414 and switch network 416 as shown in FIG. 19. The functions of the processor 414 may be performed by the processor 306 described above, or by any other control system of the instrument 10.” i.e. “any other control system of the instrument” = control system 300).
Regarding claim 13, Shelton teaches
A method of operating a surgical instrument (10), comprising:
an end effector (12) configured to grasp tissue, the end effector comprising:
a jaw (22); and
a staple cartridge (34) seatable in the jaw, wherein the staple cartridge comprises:
a cartridge body (external frame of 34);
staples (380) removably stored in the cartridge body;
a sensor array (368, 371, para 0059); and
a charge accumulator (456, para 0068);
the surgical instrument further comprising a power source (64).
Shelton teaches a separate power source (battery 452) for charging the charge accumulator instead of the surgical instrument battery (64). Therefore, Shelton does not teach said power source is configured to supply power to the staple cartridge.
Giordano teaches
A method of operating a surgical instrument (10), comprising:
an end effector (12) configured to grasp tissue, the end effector comprising:
a jaw (22); and
a staple cartridge (34) seatable in the jaw, wherein the staple cartridge comprises:
a cartridge body (external frame of 34);
staples (380) removably stored in the cartridge body (para 0198);
a sensor array (368, para 0191, “one or more of the sensor transponders 368 for the instrument 10 may be located in the end effector 12”); and
the surgical instrument further comprising a power source (64) configured to supply power to the staple cartridge (para 0188, “The control unit 300 may be powered by the battery 64” and para 0191, “To deliver power and/or transmit data to or from the sensor transponders 368 in the end effector 12, the inductive element 302 of the control unit 300 may be inductively coupled to a secondary inductive element” see also para 0192-0194 for additional details); a transmission system (302, 320, 322, 324) configured to wirelessly transfer the power (para 0191)
It would have been obvious to one of ordinary skill in the art, at the time the invention was filed, to modify the method of operating the surgical instrument of Shelton such that the power source powers the staple cartridge as taught by Giordano in order to allow the main power source (i.e. main battery 64 of Giordano) to supply power to a subsystem of the instrument (i.e. the charge accumulator of the cartridge of Shelton). This provides the predictable result of allowing the instrument to be stored for extended periods of time (i.e. increased shelf life) without needing a dedicated power source for the cartridge. Additionally, this allows the instrument to have fewer parts (by eliminating the need for aux power source 452 in Shelton), since the main battery 64 of the instrument can power both the instrument as well as provide power to the charge accumulator.
The combination of Shelton and Giordano teaches
said surgical instrument further comprising:
a transmission system (Shelton: 302, 320, 322, 324 and Giordano: 302, 320, 322, 324) configured to wirelessly transfer the power to the charge accumulator (Giordano’s transmission system 302, 320, 322, and 324 provides power to the cartridge 34 and therefore after Shelton is modified with Giordano, it will also supply power to the charge accumulator which is part of the cartridge); and
a power management circuit (Shelton: 300, 414, 416)
the method further comprising
monitoring, power management circuit, a charge parameter (Shelton: para 0069, remaining charge) of the charge accumulator (Shelton: para 0069, “The auxiliary power source 452, circuit element and cartridge power source may be linked and may charge the power source 456 according to any suitable method wired or wireless (e.g., inductive) method including, for example, those discussed above with respect to FIGS. 17, 18 and 19.” and para 0066, “the auxiliary power source 402 may provide a charging current based on a current state of the source instrument. As shown in FIG. 18, the circuit element 410 may comprise one or more switches 412 or resistors (not shown) to monitor the charge on the instrument power source 406 and provide current from the auxiliary source 402 when the charge on the source 406 0191reaches a predetermined threshold. Current provided by the auxiliary power source 402 may also be regulated by various other means including, for example, by microprocessor 414 and switch network 416 as shown in FIG. 19. The functions of the processor 414 may be performed by the processor 306 described above, or by any other control system of the instrument 10.” i.e. “any other control system of the instrument” = control system 300).
The combination of Shelton and Giordano does not teach adjusting, by power management circuit, a sensor parameter of the sensor array based on the charge parameter.
Routh teaches
a method of operating a medical instrument (400) comprising a similar transmission system (“inductive”, para 0115) and a power management circuit (404, 408, 406) for communicating with a remote sensor (200); said sensor comprising a charge accumulator (230); wherein said power management circuit is configured to monitor a charge parameter (battery level) of the charge accumulator (para 0185) and adjust a sensor parameter (para 0185, “n” = frequency of transmission of data) of the sensor based on the charge parameter (para 0185, “The local receiver logic can further be configured to dynamically vary the number n based at least on one or more operational parameters, such as e.g., a remaining level of power in the electrical power source (e.g., battery level, as determined by a known voltage versus capacity profile)”).
It would have been obvious to one of ordinary skill in the art, at the time the invention was filed, to modify method of using the power management circuit of the combination of Shelton and Giordano such that the power management circuit is configured to adjust a sensor parameter of the sensor array based on the charge parameter as taught by Routh in order to produce the predictable result of extending the time the sensor array can remain active. This makes the instrument more versatile as it can be used in longer surgical operations.
Regarding claim 14, as shown in claim 13, the combination of Shelton, Giordano and Routh teaches
wherein monitoring the charge parameter comprises comparing a charge status of the charge accumulator to a threshold charge status (Shelton: para 0069, “The auxiliary power source 452, circuit element and cartridge power source may be linked and may charge the power source 456 according to any suitable method wired or wireless (e.g., inductive) method including, for example, those discussed above with respect to FIGS. 17, 18 and 19.” and para 0066, “the auxiliary power source 402 may provide a charging current based on a current state of the source instrument. As shown in FIG. 18, the circuit element 410 may comprise one or more switches 412 or resistors (not shown) to monitor the charge on the instrument power source 406 and provide current from the auxiliary source 402 when the charge on the source 406 reaches a predetermined threshold”).
Regarding claim 16, as shown in claim 13, the combination of Shelton, Giordano and Routh teaches
wherein adjusting the sensor parameter comprises adjusting a sampling rate of a sensor of the sensor array (Routh: para 0185).
Regarding claim 17, as shown in claim 13, the combination of Shelton, Giordano and Routh teaches
wherein the transmission system comprises a first antenna (Shelton: 324,and Giordano: 324) attached to the surgical instrument (Shelton: shaft 8 of surgical instrument).
Regarding claim 18, as shown in claim 17, the combination of Shelton, Giordano and Routh teaches
wherein the transmission system further comprises a second antenna (Giordano: para 0192, “The transponder 368, as described in more detail below, may include an antenna (or coil) for inductive coupling to the distal coil 324”) attached to the cartridge body (Shelton: para 0060, fig. 11, Giordano: para 0197).
Regarding claim 19, as shown in claim 18, the combination of Shelton, Giordano and Routh teaches
wherein seating the staple cartridge in the jaw aligns the first antenna and the second antenna for wireless transfer of the power therebetween (Giordano: para 0193).
Regarding claim 20, as shown in claim 13, the combination of Shelton, Giordano and Routh teaches
wherein the charge accumulator comprises a capacitor (Shelton: para 0068).
Regarding claim 21, as shown in claim 13, the combination of Shelton, Giordano and Routh teaches
supplying power from the charge accumulator to the sensor array during operation thereof (Shelton: para 0068).
Regarding claim 22, as shown in claim 13, the combination of Shelton, Giordano and Routh teaches
activating the charge accumulator when the cartridge is one of removed from a package containing the cartridge (Shelton: para 0067, “The tab 405 may be connected to a portion of the package 280 and configured to close the switch 412 as the package 280 is opened.” and para 0069 “The auxiliary power source 452, circuit element and cartridge power source may be linked and may charge the power source 456 according to any suitable method wired or wireless (e.g., inductive) method including, for example, those discussed above with respect to FIGS. 17, 18 and 19.”) or seated in the jaw (Shelton: para 0070, “The cartridge 34 may include a cut-off switch or other circuit element that is closed when the cartridge 34 is installed in an end effector 12. When the cut-off switch is closed, the power source 456 may be connected to its load (e.g., any sensors or other powered electronics present in the cartridge 34).”).
Regarding claim 23, as shown in claim 13, the combination of Shelton, Giordano and Routh teaches
wherein the cartridge comprises a cartridge power management system which further includes a charging circuit (Shelton: circuit element as described in para 0069 and 0067) in communication with the charge accumulator and includes an antenna (Giordano: para 0192, “The transponder 368, as described in more detail below, may include an antenna (or coil) for inductive coupling to the distal coil 324”) configured to receive power from the surgical instrument and charge the charge accumulator therewith. Additionally, para 0193 of Giordano teaches battery 64 inductively provides power to the sensor 368 through coil 326 and therefore after the modification of Shelton will provide power to all of the cartridge 34 electronics such as the charge accumulator 456 of Shelton).
Regarding claim 24, as shown in claim 23, the combination of Shelton, Giordano and Routh teaches
communicating, by the cartridge power management system data indicative of a charge status (Shelton: para 0066, “the auxiliary power source 402 may provide a charging current based on a current state of the source instrument. As shown in FIG. 18, the circuit element 410 may comprise one or more switches 412 or resistors (not shown) to monitor the charge on the instrument power source 406 and provide current from the auxiliary source 402 when the charge on the source 406 reaches a predetermined threshold), (Shelton: para 0069, “The auxiliary power source 452, circuit element and cartridge power source may be linked and may charge the power source 456 according to any suitable method wired or wireless (e.g., inductive) method including, for example, those discussed above with respect to FIGS. 17, 18 and 19.” and para 0066, “the auxiliary power source 402 may provide a charging current based on a current state of the source instrument. As shown in FIG. 18, the circuit element 410 may comprise one or more switches 412 or resistors (not shown) to monitor the charge on the instrument power source 406 and provide current from the auxiliary source 402 when the charge on the source 406 0191reaches a predetermined threshold. Current provided by the auxiliary power source 402 may also be regulated by various other means including, for example, by microprocessor 414 and switch network 416 as shown in FIG. 19. The functions of the processor 414 may be performed by the processor 306 described above, or by any other control system of the instrument 10.” i.e. “any other control system of the instrument” = control system 300).
Regarding claim 25, Shelton teaches
A staple cartridge (34) for use with a surgical instrument (10) comprising an end effector (12) configured to grasp tissue, the end effector comprising a jaw (22) configured to receive the staple cartridge seated therein, a power source (64), a transmission system (302, 320, 322, 324) and a power management circuit (300, 414, 416); the staple cartridge comprising:
a cartridge body (external frame of 34);
staples (380) removably stored in the cartridge body;
a sensor array (368, 371, para 0059) configured to operate in accordance with a sensor parameter (inherent sampling rate); and
a charge accumulator (456, para 0068).
Shelton teaches a separate power source (battery 452) for charging the charge accumulator instead of the main instrument battery. Therefore, Shelton does not teach said power source is configured to supply power to the staple cartridge via the transmission system
Giordano teaches
A staple cartridge (34) for use with a surgical instrument (10) comprising an end effector (12) configured to grasp tissue, the end effector comprising a jaw (22) configured to receive the staple cartridge seated therein, a power source (64) configured to supply power to the staple cartridge via a transmission system (302, 320, 322, 324) and a power management circuit (300); the staple cartridge comprising:
a cartridge body (external frame of 34);
staples (380) removably stored in the cartridge body;
a sensor array (368, 371, para 0059) configured to operate in accordance with a sensor parameter (inherent sampling rate).
It would have been obvious to one of ordinary skill in the art, at the time the invention was filed, to modify the surgical instrument of Shelton such that the power source powers the staple cartridge as taught by Giordano in order to allow the main power source (i.e. main battery 64 of Giordano) to supply power to a subsystem of the instrument (i.e. the charge accumulator of the cartridge of Shelton). This provides the predictable result of allowing the instrument to be stored for extended periods of time (i.e. increased shelf life) without needing a dedicated power source for the cartridge. Additionally, this allows the instrument to have fewer parts (by eliminating the need for aux power source 452 in Shelton), since the main battery 64 of the instrument can power both the instrument as well as provide power to the charge accumulator.
The combination of Shelton and Giordano teaches
the charge accumulator configured to receive power via the transmission system from the power source (Giordano’s transmission system 302, 320, 322, and 324 provide power to the cartridge 34 and therefore after Shelton is modified with Giordano, it will also supply power to the charge accumulator which is part of the cartridge) and supply power to the sensor array (Shelton: para 0068), the charge accumulator being further configured to communicate a charge parameter (para 0069, remaining charge) thereof to the power management circuit (Shelton: para 0069, “The auxiliary power source 452, circuit element and cartridge power source may be linked and may charge the power source 456 according to any suitable method wired or wireless (e.g., inductive) method including, for example, those discussed above with respect to FIGS. 17, 18 and 19.” and para 0066, “the auxiliary power source 402 may provide a charging current based on a current state of the source instrument. As shown in FIG. 18, the circuit element 410 may comprise one or more switches 412 or resistors (not shown) to monitor the charge on the instrument power source 406 and provide current from the auxiliary source 402 when the charge on the source 406 0191reaches a predetermined threshold. Current provided by the auxiliary power source 402 may also be regulated by various other means including, for example, by microprocessor 414 and switch network 416 as shown in FIG. 19. The functions of the processor 414 may be performed by the processor 306 described above, or by any other control system of the instrument 10.” i.e. “any other control system of the instrument” = control system 300).
The combination of Shelton and Giordano does not teach the sensor parameter being adjustable by the power management circuit as a function of the charge parameter.
Routh teaches
a medical instrument (400) comprising a similar transmission system (“inductive”, para 0115) and a power management circuit (404, 408, 406) for communicating with a remote sensor (200); said sensor comprising a charge accumulator (230); wherein said power management circuit is configured to monitor a charge parameter (battery level) of the charge accumulator (para 0185) and adjust a sensor parameter (para 0185, “n” = frequency of transmission of data) of the sensor being adjustable by the power management circuit as a function of the charge parameter (para 0185, “The local receiver logic can further be configured to dynamically vary the number n based at least on one or more operational parameters, such as e.g., a remaining level of power in the electrical power source (e.g., battery level, as determined by a known voltage versus capacity profile)”).
It would have been obvious to one of ordinary skill in the art, at the time the invention was filed, to modify the power management circuit of the combination of Shelton and Giordano such that the power management circuit is configured to adjust a sensor parameter of the sensor array based on the charge parameter as taught by Routh in order to produce the predictable result of extending the time the sensor array can remain active. This makes the instrument more versatile as it can be used in longer surgical operations.
Claims 3 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Shelton, Giordano and Routh in view of USP# 11,909,238 of Sanchez et al. (henceforth Sanchez).
Regarding claim 3, as shown in claim 1, the combination of Shelton, Giordano and Routh does not teach
wherein monitoring the charge parameter comprises comparing a charge rate of the charge accumulator to a threshold charge rate.
Sanchez teaches
a power management circuit (540, 500a); and a charge accumulator (520); wherein the power management circuit is configured to monitor a charge parameter (para 0060, charging rate) of the charge accumulator and monitoring the charge parameter comprises comparing a charge rate of the charge accumulator to a threshold charge rate (para 0060, “The controller 540 may compare the estimated charging rate to a threshold… In response to detecting that the charging rate is above the threshold, the controller 540 may cause the I/O components to indicate that the power source 520 is charging using the user interface 562.”).
It would have been obvious to one of ordinary skill in the art, at the time the invention was filed, to modify the combination of Shelton, Giordano and Routh such that monitoring the charge parameter comprises comparing a charge rate of the charge accumulator to a threshold charge rate as taught by Sanchez in order to produce the predictable result of ensuring and confirming the charge accumulator is being charged properly and at the desired rate.
Regarding claim 15, as shown in claim 13, the combination of Shelton, Giordano and Routh teaches
wherein monitoring the charge parameter comprises comparing a charge rate of the charge accumulator to a threshold charge rate.
Sanchez teaches
a power management circuit (540, 500a); and a charge accumulator (520); wherein the power management circuit is configured to monitor a charge parameter (para 0060, charging rate) of the charge accumulator and monitoring the charge parameter comprises comparing a charge rate of the charge accumulator to a threshold charge rate (para 0060, “The controller 540 may compare the estimated charging rate to a threshold… In response to detecting that the charging rate is above the threshold, the controller 540 may cause the I/O components to indicate that the power source 520 is charging using the user interface 562.”).
It would have been obvious to one of ordinary skill in the art, at the time the invention was filed, to modify the combination of Shelton, Giordano and Routh such that monitoring the charge parameter comprises comparing a charge rate of the charge accumulator to a threshold charge rate as taught by Sanchez in order to produce the predictable result of ensuring and confirming the charge accumulator is being charged properly and at the desired rate.
Response to Arguments
Applicant’s arguments filed on 10/23/2025 have been fully considered:
Applicant’s arguments regarding claim 1, have been fully considered but are not persuasive.
Regarding claim 1, Applicant argues that “Shelton does not each or suggest that the disclosed cartridge power source is one that is or needs to be charged or otherwise powered by the instrument. It is entirely possible that Shelton's power source comes pre-charged and therefore does not need to be charged or powered by any external source.”
Shelton teaches in para 0069 “the power source 452 may tend to charge or recharge a power source 456 of the cartridge 34, thus increasing the shelf-life of the cartridge 34”. Thus Shelton teaches charging the internal power source 456 of the cartridge by an external source. Shelton additionally teaches inductive charging of the cartridge power source 456 in para 0069 “The auxiliary power source 452, circuit element and cartridge power source may be linked and may charge the power source 456 according to any suitable method wired or wireless (e.g., inductive) method including, for example, those discussed above with respect to FIGS. 17, 18 and 19.” The limitation that is missing in Shelton is the usage of the primary battery 64 of the instrument itself to provide the auxiliary power. Giordano teaches using the primary battery 64 (i.e. para 0188, “The control unit 300 may be powered by the battery 64”) to provide power to the cartridge (i.e. para 0191-0193, “. To deliver power and/or transmit data to or from the sensor transponders 368 in the end effector 12, the inductive element 302 of the control unit 300 may be inductively coupled to a secondary inductive element (e.g., a coil) 320 positioned in the shaft 8 distally from the rotation joint 29. The secondary inductive element 320 is preferably electrically insulated from the conductive shaft 8.” and para 0193, “The transponder 368 may use a portion of the power of the inductive signal received from the distal inductive element 326 to passively power the transponder 368.”). Thus Giordano teaches using the primary battery power 64 to inductively supply power to the staple cartridge. As such, one having ordinary skill in the art, would readily combine the teachings of Shelton and Giordano such that the aux power source 452 of Shelton is replaced with the instrument power source 64 in Giordano to provide aux power to the charge accumulator of Shelton.
Regarding claim 1, Applicant argues that there is no motivation to combine Shelton and Giordano without hindsight since “modifying Shelton with the teachings of Giordano would add all of the parts necessary for power delivery from the handle to the cartridge.”
Replacing a dedicated auxiliary power source 452 (which is used to inductively charge the charge accumulator 456 of the cartridge) such that the internal battery 64 of the instrument charges the charge accumulator eliminates the need of aux power source 452. This allows the instrument/cartridge to have a long shelf life without requiring the additional part of an aux power source. Additionally, Shelton already has a transmission system 302, 320, 322, 324 similar to Giordano transmission system 302, 320, 322, 324. The modification of Shelton by Giordano allows the existing transmission system of Shelton to transfer power in addition to data. Therefore, modifying Shelton with Giordano would not necessarily add additional parts
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/M.A./
Examiner, Art Unit 3731
/ANNA K KINSAUL/Supervisory Patent Examiner, Art Unit 3731