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 .
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 § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-5, 7-8, 11-15 and 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Crews et al. (US 2014/0277106).
Regarding claim 1, Crews discloses a robotic surgical instrument configured to perform a surgical procedure (see Fig. 1), the instrument comprising: a shaft (see shaft 122, Fig. 1); an end effector (see 120/500, Figs. 1and 18-22) comprising an electrical component see jaws 502 and 504); an articulation connecting the shaft to the end effector (see clevis 506), the articulation comprising a supporting body (see body of 506, Fig. 18) connected to the end effector by a first joint (see joint formed at 505, Fig. 18) and to the shaft by a second joint (see joint at the distal end of push-pull element 510, connecting the clevis 506 to the shaft, Fig. 18), the first joint permitting the end effector to rotate relative to the shaft about a first axis that is transverse to the longitudinal axis of the shaft (see [0067]); an electrical cable extending along the shaft and being configured to provide electrical current to the electrical component of the end effector (see conduits 520 and 522; [0066], Figs. 18-21); an electrical connector extending at least partially around a circumference surrounding the first axis (see contact portions 554 on either side, [0072], Figs. 18-21), the electrical connector providing a sliding electrical connection between the electrical cable and the end effector (see [0072]), such that the end effector is permitted to rotate about the first axis independently of the electrical cable whilst the electrical connection between the electrical cable and the end effector is maintained (see [0073]); and an insulating component configured to house the electrical connector within the surgical instrument, the insulating component comprising an outer surface that faces an end effector element of the end effector (see body 531 having an outer surface facing the jaws, [0068], Figs. 18-21).
Regarding claim 2, Crews further discloses wherein the electrical connector extends around the entirety of the circumference surrounding the first axis (the contact portions 554 cover the entire circumference of the axis extending through them when considered together in Fig. 21, additionally the gap shown in the exploded view of Fig. 21 is shown as closed in Figs. 18-20 such that both portions 554 extend fully around the axis when assembled).
Regarding claim 3, Crews further discloses wherein the electrical connector is in the shape of a ring (as shown in Figs. 18-21).
Regarding claim 4, Crews further discloses wherein the electrical cable is connected to the electrical connector at a section of the electrical connector that is closest to the shaft (as shown in Fig. 20).
Regarding claim 5, Crews further discloses wherein the electrical connector is integral with the electrical cable (see soldered attachment, [0071]).
Regarding claim 7, Crews further discloses wherein the insulating component is secured at a proximal end to the supporting body (the body 531 is secured to 506 at a proximal section of 531 at elements 508 and 510, Figs. 18-19).
Regarding claim 8, Crews further discloses wherein the electrical connector is electrically connected to the end effector by a connection (see protuberances 537 holding the contact portions 554 to the end effector for electrical connection, Fig. 21) which is configured to apply a compressive force to the electrical connector to constrain the electrical connector against the insulating component (the protuberances 537 provide a compressive force to the contact portions 554 and constrain the portions 554 against body 531 and the jaws, Figs. 18-19 and 21).
Regarding claim 11, Crews further discloses wherein the electrical connector is electrically connected to the end effector by a securing mechanism configured to secure the securing mechanism to the end effector (see lumen 538 and pin 508, Figs. 18-20).
Regarding claim 12, Crews further discloses wherein the securing mechanism is a keyed joint (pin 508 is shaped to fit within the lumen 538 to form a joint, Figs. 18-19).
Regarding claim 13, Crews further discloses wherein the insulating component comprises a groove that is recessed from the outer surface and configured to house at least part of the electrical connector (see groove recessed from the outer surface that contains 552 and 553 of the contact portions 554, Figs. 20-21).
Regarding claim 14, Crews further discloses wherein the insulating component is a locking ring configured to be secured to the end effector, and the electrical connector is configured to extend at least partially around the circumference of the locking ring (protuberances 537 providing a locking force to the contact portions 554 and contact portions extending around the circumference of the protuberances 537, Figs. 18-19 and 21).
Regarding claim 15, Crews further discloses wherein the insulating component comprises a cylindrical outer surface (see cylindrical outer surface of protuberances 537, Fig. 21) and a groove that is recessed from the outer surface and configured to house at least part of the electrical connector (see groove recessed from the cylindrical outer surface that contains 552 and 553 of the contact portions 554, Figs. 20-21).
Regarding claim 17, Crews further discloses wherein the instrument is a monopolar surgical instrument (see “at least one conduit”, [0072]) or a bipolar surgical instrument (as shown the instrument is configured as a bipolar instrument since each jaw is connected to its own energy conduit).
Regarding claim 18, Crews further discloses wherein: the electrical cable is a first electrical cable, and the electrical connector is a first electrical connector; the end effector comprises a first end effector element configured to rotate about the first axis and a second end effector element configured to rotate about a second axis; the first electrical connector provides a sliding electrical connection between the first electrical cable and the first end effector element of the end effector; and the robotic surgical instrument further comprises a second electrical cable and a second electrical connector, the second electrical connector providing a sliding electrical connection between the second electrical cable and the second end effector element of the end effector, such that the second end effector element is permitted to rotate about the second axis independently of the second electrical cable whilst the electrical connection between the second electrical cable and the second end effector element is maintained (see the first and second contact portions and first and second conduits that allow the first and second jaws to rotate about their individual axes while maintaining electrical connection; [0072]-[0073], Fig. 21).
Regarding claim 19, Crews further discloses wherein the second electrical connector extends at least partially around a circumference surrounding the second axis (as shown in Fig. 21).
Regarding claim 20, Crews further discloses wherein the first axis and the second axis are collinear (as shown in Fig. 21).
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Crews in view of Nguyen et al. (US 2005/0137592).
Regarding claim 10, Crews discloses the limitations of claim 9, however Crews fails to further disclose wherein the electrical connector is electrically connected to the electrical connector by a disc spring.
Nguyen teaches an electrosurgical device having a pivoting end effector (see Fig. 4A-4B) comprising a connecting means for the sliding electrical contact portion that includes a disc spring (see spring washer 155; [0077], Fig. 4B). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the electrically connector as disclosed by Crews to include a disc spring to make the electrical connection in light of Nguyen, the motivation being to improve contact between the electrical contacts and the end effectors through the use of a spring force to urge the elements together for an improved electrical connection (see Nguyen [0077]).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Crews in view of Adams et al. (US 2019/0000468).
Regarding claim 16, Crews discloses the preceding claims with exception to claim 10 and further discloses wherein the electrical connector comprises an outer surface that is arranged to provide the sliding electrical connection (see outer bearing surface of contacts 554, Figs. 18-21), however Crew fails to further disclose wherein the outer surface is provided with an anti-friction coating.
Adams teaches an electrosurgical device (see Fig. 1) that utilizes a sliding electrical connection (see Figs. 30-31), wherein the electrical connector has an outer surface that is arranged to provide the sliding electrical connection and provided with an anti-friction coating (see water-proof coating 2030; [0225]-[0228], Fig. 31). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the outer surface of the electrical connector as disclosed by Crews to be provided with an anti-friction coating in light of Adams, the motivation being to provide the additional advantage of preventing signal noise and loss of power and signals by providing an insulative barrier to prevent water or fluids from reaching the electrodes (see Adams [0226]).
Allowable Subject Matter
Claims 6 and 21 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The closest prior art of record, Crews et al. (US 2014/0277106), Worrell et al. (US 2019/0282291), and Robert et al. (US 2018/0193086), fails to reasonably teach or suggest wherein the insulating component is configured to interfere with the supporting body such that rotation of the insulating component about the first axis is limited when the end effector rotates about the first axis when considered in combination with the additional requirements of the claim. The prior art teaches insulating components that provide an axis about which the end effectors pivot around as well as pivot pins passing through them, however the prior art fails to reasonably teach interference occurring with the clevis/supporting body or insulating components that otherwise meet the additional claim requirements that are reasonably capable of interference with the clevis/supporting body that would prevent rotation of the insulating component.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAN W COLLINS whose telephone number is (408)918-7607. The examiner can normally be reached M-F 9:00 AM-5:00 PM ET.
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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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/SEAN W COLLINS/Primary Examiner, Art Unit 3794