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 § 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) 1-18 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Anderson (US 2016/0193012) in view of Zwolinski (US 2010/0191050).
Regarding claim 1, Anderson teaches a surgical instrument, comprising:
a housing (1016 of instrument 1000);
a shaft extending distally from the housing (shaft 1010 as in Fig. 13), the shaft including a proximal segment (proximal section connecting to housing 1016), a distal segment (1020), and an articulating portion interconnecting the proximal and distal segments (1026 connecting the shaft connecting to 1016 to the distal segment 1020);
an end effector assembly coupled to the distal segment of the shaft (such as 148);
a plurality of actuation components extending from the housing into the shaft (1038), each
actuation component of the plurality of actuation components extending through the proximal
segment of the shaft to the articulating portion of the shaft, the distal segment of the shaft, or the end effector assembly (as in Fig. 14 with 1038 extending through the shaft to the articulating portions); and
a seal assembly disposed within the proximal segment of the shaft, the seal assembly including:
a seal member configured to establish a seal about an internal annular surface of the proximal segment of the shaft (seal 1030), the seal member defining a plurality of apertures therethrough (1034 as in par. [0095]), each aperture configured to sealingly receive one actuation component of the plurality of actuation components therethrough (par. [0095] 1034 for actuation members 1038).
Anderson is not explicit regarding a plug; a clip; and wherein the plug and the clip are configured to engage one another and sandwich the seal member therebetween.However, Zwolinski teaches a plug (63); a clip (521, 522); and wherein the plug and the clip are configured to engage one another and sandwich the seal member therebetween (Fig. 23a).It would have been obvious to one of ordinary skill in the art to modify Anderson with the plug and clip of Zwolinski, as another way to keep the seal connected.
Regarding claim 2, Anderson is not explicit, but Zwolinski wherein the clip includes at least one locking finger defining a tab at a free end thereof (locking finger with tab 529), the at least one locking finger configured to extend through a corresponding passageway defined within the seal member (520 extending through a passageway for the seal member) and a corresponding passageway defined within the plug such that the tab is capable of engaging an opening defined within the plug to thereby engage the plug and the clip with one another (63 enveloped by tab to engage the plug and clip as in par. [0071]).
It would have been obvious to one of ordinary skill in the art to modify Anderson with the plug and clip of Zwolinski, as another way to keep the seal connected.
Regarding claim 3, Anderson is not explicit, but Zwolinski teaches wherein the seal member is configured to establish a seal about the at least one locking finger extending through the corresponding passageway (as in at least par. [0072]).
It would have been obvious to one of ordinary skill in the art to modify Anderson with the plug and clip of Zwolinski, as another way to keep the seal connected.
Regarding claim 4, Anderson teaches wherein the seal member includes a body defining an annular rim and at least one annular ring that protrudes radially outwardly from the annular rim (annular rim as surface defining 1032 of 1030, with ring as the material radially outward of 1032), the at least one annular ring configured to facilitate sealing of the seal member about the internal annular surface of the proximal segment of the shaft (1032 to seal the flux transmission conduits as in par. [0095]).
Regarding claim 5, Anderson teaches wherein the seal member defines a central aperture configured to receive a first actuation component of the plurality of actuation components and upper and lower passageways spaced above and below the central aperture in vertical registration therewith (central aperture 1032 as in par. [0095] and passageways 1032), but is not explicit regarding the upper and lower passageways configured to receive portions of the clip to enable engagement of the plug and the clip with one another.However, Zwolinski teaches upper and lower passageways configured to receive portions of the clip to enable engagement of the plug and the clip with one another (Fig. 23 passageways for clip to grasp).
It would have been obvious to one of ordinary skill in the art to modify Anderson with the plug and clip of Zwolinski, as another way to keep the seal connected.
Regarding claim 6, Anderson teaches wherein the seal member is configured to establish a seal about the first actuation component extending through the central aperture (1030 with aperture 1032 establish seal with conduit inside as in par. [0095]).
Regarding claim 7, Anderson teaches wherein the central aperture defines a distal portion that is enlarged compared to a proximal portion thereof (1032 with a distal potion that is larger than a proximal portion as in Fig. 15).
Regarding claim 8, Anderson teaches wherein the seal member defines a central aperture configured to receive a first actuation component of the plurality of actuation components (1032 as a central aperture for actuation components), a pair of second apertures offset on a first side of the central aperture in vertical registration with one another (some of 1034), and a third aperture offset on a second, oppose side of the central aperture in horizontal registration with the central aperture and collectively the pair of second apertures (1034 on an opposite side of the pair of second apertures), the third aperture configured to receive a second actuation component of the plurality of actuation components (1034 for 1038).
Regarding claim 9, Anderson teaches wherein each second aperture of the pair of second apertures is configured to receive an electrical lead wire therethrough (as in par. [0095]).
Regarding claim 10, Anderson teaches wherein the seal member is configured to establish a seal about the electrical lead wires extending through the second apertures (1030 seals both 1032 and 1034).
Regarding claim 11, Anderson teaches wherein each of the second apertures defines a varying diameter along a length thereof (par. [0096] with apertures sized to seal 1038).
Regarding claim 12, Anderson teaches wherein the seal member is configured to establish a seal about the first actuation component extending through the central aperture and about the second actuation component extending through the third aperture (par. [0096] apertures 1034 to seal).
Regarding claim 13, Anderson teaches further comprising four additional apertures extending through the seal member, each additional aperture of the four additional apertures disposed in a different quadrant of the seal member (Fig. 15, 1304 in four quadrants of seal 1030).
Regarding claim 14, Anderson teaches wherein each additional aperture is configured to sealingly receive an additional actuation component of the plurality of actuation components (par. [0095]).
Regarding claim 15, Anderson teaches wherein a diameter of each additional aperture is tapered along a length thereof (par. [0096]).
Regarding claim 16, Anderson is silent, but Zwolinski teaches a support tube secured to the clip and extending proximally therefrom (support tube 506), wherein one of the actuation components of the plurality of actuation components extends through the support tube (par. [0066]).
Regarding claim 17, Anderson is not explicit, but Zwolinski teaches wherein the clip and the seal member include at least one pair of complementary locating features configured to facilitate proper alignment of the seal member and the clip with one another (Fig. 23a-b, seal and clip with working recess and flange as in par. [0071]).
Regarding claim 18, Anderson is not explicit, but Zwolinski teaches wherein one actuation component of the plurality of actuation components extends through one pair of complementary locating features of the at least one pair of complementary locating features (pair of complementary features as opposing flange sides to receive the recess 527 as in par. [0071]).
Regarding claim 20, Anderson teaches wherein the articulating portion of the shaft includes at least one articulating link (joggle joint 1026), but is not explicit wherein the plug is configured to engage a proximal-most articulating link of the at least one articulating link.However, one of ordinary skill in the art would appreciate that in the combination, the plug would engage the link of the articulating link given the articulating section is at the distal end of the device.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Anderson in view of Zwolinski, in further view of Joshi (US 2018/0035871).
Regarding claim 19, Anderson is not explicit wherein the seal member is overmolded onto the clip.However, Joshi teaches overmolding seals to shafts to retain the seal as in at least par. [0029].
It would have been obvious to one of ordinary skill in the art to modify Anderson with the overmolding of Joshi, allowing for the seal to contact the rest of the device.
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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/BO OUYANG/Examiner, Art Unit 3794
/MICHAEL F PEFFLEY/Primary Examiner, Art Unit 3794