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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 08/23/2024 and 04/21/2025 are being considered by the examiner.
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.
Claim(s) 1, 12, 13, 18, and 20 is/are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Nagtegaal et al. (U.S. Pat. No. 10517664) herein referred to as “Nagtegaal”.
.
Regarding claim 1, Nagtegaal discloses a surgical instrument (electrosurgical instrument 1, Figure 1, Col. 6, lines 3-4), comprising:
a handle assembly (handle 10, Figures 1-2, Col. 6, lines 17-33),
comprising a main body (main body 20, Figure 2),
a first handle (handle connected with cord, Figure 2)
and a second handle (clamping handle 22, Figure 2, Col. 6, lines 30-44),
wherein the first handle is fixedly connected to the main body (right handle is fixed to the main body, Figure 2),
and the second handle is movably connected to the main body (clamping handle 22 is driven toward the casing 20, Figure 2, Col. 8, lines 10-12);
an end effector connected with the main body of the handle assembly (distal end effector assembly 14, Figures 4-5b, Col. 13, lines 38-44);
a first transmission assembly (two barrel shaped mouldings 310, 314, with a spring 312 which are all threaded along an elongate bar 316 that extends between the jaws 14 and the handle 10, Figures 4-5b, Col. 13, lines 38-49),
wherein the second handle, the first transmission assembly and the end effector are configured such that the second handle moves relative to the first handle to drive the first transmission assembly to move and the first transmission assembly drives the end effector to move; (the mechanism used to trigger movement of these jaws 14 is the so called clamping mechanism comprising a drive handle 22, and two barrel shaped mouldings 310, 314 with a spring 312 compressed therebetween, all of which are threaded along an elongate bar 316 that extends between the jaws 14 and the handle 10, Figures 4-5b, Col. 13, lines 38-49),
and an energy switch configured to be switchable between an excitation position and a release position (the user initiates electrode activation using the switch button 26 on top of the casing 20, Col. 13, lines 23-26),
wherein the energy switch is configured to transmit an energy to the end effector when the energy switch is in the excitation position (the user initiates electrode activation using the switch button 26 on top of the casing 20, Col. 13, lines 23-26),
and the energy switch is configured not to transmit the energy to the end effector when the energy switch is in the release position (the user initiates electrode activation using the switch button 26 on top of the casing 20 (i.e., when the user does not use the switch button 26 and therefore energy is not delivered), Col. 13, lines 23-26),
and wherein the energy switch is arranged on the first handle and located at an opposite side of a side of the first handle facing towards the second handle (energy switch button 26 is located on the first handle on an opposite side of the first handle not facing the second handle, Figure 2).
Regarding claim 12, Nagtegaal discloses the surgical instrument according to claim 1.
Nagtegaal further discloses wherein the energy switch is provided with an excitation protrusion protruding towards an inside of the first handle (the surgeon controls the generator to produce such a signal by pressing the switch 26 on the instrument, Col. 29, lines 66-67- Col. 30, lines 1-5); a circuit switch is arranged inside the first handle (the generated RF signals then being passed via the electrical lines 4506 to the end effector, Col. 30, lines 1-5); and the energy switch is configured such that, when the energy switch is in the excitation position, the excitation protrusion presses the circuit switch to allow the circuit switch to conduct an energy path from an energy source to the end effector, so that an energy is transmitted from the energy source to the end effector (the surgeon controls the generator to produce such a signal by pressing the switch 26 on the instrument, Col. 29, lines 66-67- Col. 30, lines 1-5, the generated RF signals then being passed via the electrical lines 4506 to the end effector, Col. 30, lines 1-5); and the energy switch is further configured such that, when the energy switch is in the release position, the excitation protrusion is spaced apart from the circuit switch to prevent the circuit switch from conducting the energy path from the energy source to the end effector, so that the energy cannot be transmitted from the energy source to the end effector (the surgeon controls the generator to produce such a signal by pressing the switch 26 on the instrument (i.e., when the switch is not pressed the signal is not sent), Col. 29, lines 66-67- Col. 30, lines 1-5, the generated RF signals then being passed via the electrical lines 4506 to the end effector, Col. 30, lines 1-5).
Regarding claim 13, Nagtegaal discloses the surgical instrument according to claim 1, wherein the energy switch is used as a part of a housing of the first handle (switch 26 is part of the housing of the first handle, Figures 1-2).
Regarding claim 18, Nagtegaal discloses the surgical instrument according to claim 1, wherein a side of the first handle facing towards the second handle is not provided with a structure which is deformable under an action of pressing (first handle connected to cable, is not provided with a structure that is deformable under pressing, Figure 2).
Regarding claim 20, Nagtegaal discloses the surgical instrument according to claim 1, wherein the surgical instrument further comprises a blade and a second transmission assembly (blade 340 for cutting tissue clamped between the jaws 14 provided within central track 342 along the length of the drive track, Col. 9, lines 47-61, Figure 3, the mechanism for actuating the blade 340 along the track 342 and between the jaws 14, is operated via trigger 24, the trigger actuated a drive assembly formed of a trigger moulding 344, a blade drive moulding 346, a blade collar moulding 348, an extension spring 350, and a blade moulding 352 (combined together seen as the second transmission assembly), Col. 9, lines 47-61, Figures 3, 20a-20b, 21, 22, 23), wherein the blade is connected to an end of the second transmission assembly facing towards the end effector (blade 340 for cutting tissue clamped between the jaws 14 provided within central track 342 along the length of the drive shaft 316, Col. 9, lines 47-61, Figure 3); and the handle assembly further comprises a third handle movably connected to the main body of the handle assembly (the mechanism for actuating the blade 340 along the track 342 and between the jaws 14, is operated via trigger 24, the trigger actuated a drive assembly formed of a trigger moulding 344, a blade drive moulding 346, a blade collar moulding 348, an extension spring 350, and a blade moulding 352, Col. 9, lines 47-61, Figures 3, 20a-20b, 21, 22, 23), and wherein the third handle, the second transmission assembly and the blade are configured such that, the third handle moves relative to the first handle to drive the second transmission assembly to move, and the second transmission assembly drives the blade to move towards or away from the end effector (the drive assembly functions as an offset slider-crank mechanism whereby the force exerted by the user on the trigger 24 is transferred into axial movement of the blade moulding along the drive shaft 316, which in turn drives the attached blade 340, Col. 9, lines 47-61, Figures 3, 20a-20b, 21, 22, 23).
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.
Claim(s) 2-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nagtegaal in view of Boudreaux et al. (U.S. PGPub. No. 20170367752) herein referred to as “Boudreaux”.
Regarding claim 2, Nagtegaal discloses the surgical instrument according to claim 1.
However Nagtegaal does not explicitly disclose wherein the instrument further comprising a locking assembly configured to be switchable between a locked position and an unlocked position, wherein the locking assembly and the energy switch are configured such that the energy switch is limited in the release position when the locking assembly is in the locked position; and the locking assembly and the energy switch are configured such that the energy switch is switchable between the excitation position and the release position when the locking assembly is in the unlocked position.
Boudreaux discloses a surgical instrument comprising a lockout assembly (Abstract) wherein the instrument further comprising a locking assembly configured to be switchable between a locked position and an unlocked position (the pin 732 can also serve as a pivotable attachment point for a lock arm 728 that extends from the latch 718 to the second trigger 708 to provide selective trigger lockout for the first and second triggers 706, 708, Paragraph [0072]), wherein the locking assembly and the energy switch are configured such that the energy switch is limited in the release position when the locking assembly is in the locked position (the pin 732 can also serve as a pivotable attachment point for a lock arm 728 that extends from the latch 718 to the second trigger 708 to provide selective trigger lockout for the first and second triggers 706, 708, Paragraph [0072], energy delivery trigger 716 coupled to the proximal actuator portion 702, the energy delivery trigger 716 can be configured to control the application of RF or other tissue sealing energy from at least a portion of the distal end effector, the functionality of the energy delivery trigger 716 can be incorporated into the second trigger 708 such that the second trigger 708 activates energy delivery directly, Paragraph [0070]); and the locking assembly and the energy switch are configured such that the energy switch is switchable between the excitation position and the release position when the locking assembly is in the unlocked position (the pin 732 can also serve as a pivotable attachment point for a lock arm 728 that extends from the latch 718 to the second trigger 708 to provide selective trigger lockout for the first and second triggers 706, 708, Paragraph [0072]).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Nagtegaal to incorporate the teachings of Boudreaux by including wherein the instrument further comprises a locking assembly configured to be switchable between a locked position and an unlocked position, wherein the locking assembly and the energy switch are configured such that the energy switch is limited in the release position when the locking assembly is in the locked position; and the locking assembly and the energy switch are configured such that the energy switch is switchable between the excitation position and the release position when the locking assembly is in the unlocked position. The motivation to do so being to provide selective lockout for the triggers (Boudreaux, Paragraph [0072]).
Regarding claim 3, Nagtegaal in view of Boudreaux discloses the surgical instrument according to claim 2.
However Nagtegaal does not explicitly disclose wherein the locking assembly is connected with the second handle, and the second handle moves relative to the first handle to drive the locking assembly to be switched between the locked position and the unlocked position.
Boudreaux discloses wherein the locking assembly is connected with the second handle, and the second handle moves relative to the first handle to drive the locking assembly to be switched between the locked position and the unlocked position (the catch 720 coupled to the first trigger 706 can be configured such that is displaces the pin 732, as it is received by the catch which can pivot the latch 718 about the pin 722 against the biasing forces of the latch biasing elements 724, 726, Figures 7-9, Paragraph [0073], when the first trigger is latched in a closed position the latch 718 can be positioned upward or downward from the neutral or resting position shown in Fig. 7, the latch can be positioned above the neutral or resting position as shown in Fig. 8, the displacement of the latch from the neutral or resting position of Fig. 7, can cause a corresponding upward translation of the lock arm 728 into the position shown in Fig. 8, in this position lock stop 730 can be positioned above the should or other feature 731 formed on the second trigger 708 such that the ledge of the lock stop 730 clears the shoulder 731, thereby permitting actuation of the second trigger 708, Paragraph [0074]).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Nagtegaal to incorporate the teachings of Boudreaux by including wherein the locking assembly is connected with the second handle, and the second handle moves relative to the first handle to drive the locking assembly to be switched between the locked position and the unlocked position. The motivation to do so being to provide selective lockout for the triggers (Boudreaux, Paragraph [0072]-[0074]).
Regarding claim 4, Nagtegaal in view of Boudreaux discloses the surgical instrument according to claim 3.
However Nagtegaal does not explicitly disclose wherein the second handle, the end effector and the locking assembly are configured such that the second handle moves towards the first handle to drive the locking assembly to move towards the unlocked position and drive the end effector to move towards a closed position through the first transmission assembly and the second handle moves away from the first handle to drive the locking assembly to move towards the locked position and drive the end effector to move towards an opened position through the first transmission assembly.
Boudreaux discloses wherein the second handle, the end effector and the locking assembly are configured such that the second handle moves towards the first handle to drive the locking assembly to move towards the unlocked position and drive the end effector to move towards a closed position through the first transmission assembly (the first trigger 706 can be configured to move the first and second jaw members of the distal end effector between an open configuration and a closed configuration to clamp tissue therebetween, Paragraph [0069], the position naturally assumed when the first trigger is in an open position or partially open position the actuation of the second trigger 708 can be prevented by the lockout assembly 718+728, Paragraph [0072], open configuration described in Paragraphs [0073]-[0072]), and the second handle moves away from the first handle to drive the locking assembly to move towards the locked position and drive the end effector to move towards an opened position through the first transmission assembly (the first trigger can be prevented from releasing until such time as the second trigger is fully released to clear any potential interference between the shoulder 731 and the lock stop 730, Paragraph [0075], release the first trigger 706 back to the open configuration of Fig. 7 after the second trigger 708 is fully released such that the pin 732 is at the distal end of the catch 720, Paragraphs [0076-0077]).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Nagtegaal to incorporate the teachings of Boudreaux by including wherein the second handle, the end effector and the locking assembly are configured such that the second handle moves towards the first handle to drive the locking assembly to move towards the unlocked position and drive the end effector to move towards a closed position through the first transmission assembly and the second handle moves away from the first handle to drive the locking assembly to move towards the locked position and drive the end effector to move towards an opened position through the first transmission assembly. The motivation to do so being to provide selective lockout for the triggers (Boudreaux, Paragraph [0069]-[0078]).
Regarding claim 5, Nagtegaal in view of Boudreaux discloses the surgical instrument according claim 2.
However Nagtegaal does not explicitly disclose wherein the locking assembly comprises a limiting rod, a locking rod and a reset element, wherein the limiting rod is configured to be switchable between a limiting position and a non- limiting position; the locking assembly is configured such that when the locking assembly is in the locked position, the limiting rod is in the limiting position and the reset element is in a reset state, and the locking rod is abutted between the energy switch and the limiting rod to limit the energy switch in the release position; and the locking assembly is configured such that when the locking assembly is in the unlocked position, the limiting rod is in the non-limiting position, an end of the locking rod facing towards the energy switch is abutted against the energy switch, and an end of the locking rod facing towards the limiting rod is not abutted against the limiting rod and becomes a free end, which allows the energy switch to be switchable between the excitation position and the release position; wherein under an action of external force, the energy switch moves from the release position to the excitation position and drives the locking rod to move, and the locking rod drives the reset element to generate a deformation which results in an elastic restoring force; and wherein when the external force is removed, the reset element returns to the reset state under an action of the elastic restoring force and drives the locking rod to move, and the locking rod drives the energy switch to move from the excitation position to the release position.
Boudreaux discloses wherein the locking assembly comprises a limiting rod (lock arm 728, Figures 7-8), a locking rod (catch 720, Figures 7-8) and a reset element (latch 718, Figure 7-8), wherein the limiting rod is configured to be switchable between a limiting position and a non- limiting position (the lock stop 730 can be positioned above the shoulder or other feature 731 formed on the second trigger 708 such that the ledge of the lock stop 730 clears shoulder 731 permitting actuation of the second trigger 708, Paragraph [0074], the lockstop 730 can be configured to ride the shoulder or other feature 731 of the second trigger when the second trigger is actuated preventing the release of the first trigger, Paragraph [0075]); the locking assembly is configured such that when the locking assembly is in the locked position, the limiting rod is in the limiting position and the reset element is in a reset state (when the first trigger is latched in a closed position the latch 718 can be positioned upward or downward from the neutral or resting position shown in Fig. 7, the latch can be positioned above the neutral or resting position as shown in Fig. 8, the displacement of the latch from the neutral or resting position of Fig. 7, can cause a corresponding upward translation of the lock arm 728 into the position shown in Fig. 8, in this position lock stop 730 can be positioned above the should or other feature 731 formed on the second trigger 708 such that the ledge of the lock stop 730 clears the shoulder 731, thereby permitting actuation of the second trigger 708, Paragraph [0074]), and the locking rod is abutted between the energy switch and the limiting rod to limit the energy switch in the release position; and the locking assembly is configured such that when the locking assembly is in the unlocked position, the limiting rod is in the non-limiting position (the lock stop 730 can be positioned above the shoulder or other feature 731 formed on the second trigger 708 such that the ledge of the lock stop 730 clears shoulder 731 permitting actuation of the second trigger 708, Paragraph [0074], the lockstop 730 can be configured to ride the shoulder or other feature 731 of the second trigger when the second trigger is actuated preventing the release of the first trigger, Paragraph [0075]), an end of the locking rod facing towards the energy switch is abutted against the energy switch, and an end of the locking rod facing towards the limiting rod is not abutted against the limiting rod and becomes a free end, which allows the energy switch to be switchable between the excitation position and the release position (the lock stop 730 can be positioned above the shoulder or other feature 731 formed on the second trigger 708 such that the ledge of the lock stop 730 clears shoulder 731 permitting actuation of the second trigger 708, Paragraph [0074], the lockstop 730 can be configured to ride the shoulder or other feature 731 of the second trigger when the second trigger is actuated preventing the release of the first trigger, Paragraph [0075]); wherein under an action of external force, the energy switch moves from the release position to the excitation position and drives the locking rod to move, and the locking rod drives the reset element to generate a deformation which results in an elastic restoring force; and wherein when the external force is removed, the reset element returns to the reset state under an action of the elastic restoring force and drives the locking rod to move, and the locking rod drives the energy switch to move from the excitation position to the release position (the lock stop 730 can be positioned above the shoulder or other feature 731 formed on the second trigger 708 such that the ledge of the lock stop 730 clears shoulder 731 permitting actuation of the second trigger 708, Paragraph [0074], the lockstop 730 can be configured to ride the shoulder or other feature 731 of the second trigger when the second trigger is actuated preventing the release of the first trigger, Paragraph [0075]).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Nagtegaal to incorporate the teachings of Boudreaux by including wherein the locking assembly comprises a limiting rod, a locking rod and a reset element, wherein the limiting rod is configured to be switchable between a limiting position and a non- limiting position; the locking assembly is configured such that when the locking assembly is in the locked position, the limiting rod is in the limiting position and the reset element is in a reset state, and the locking rod is abutted between the energy switch and the limiting rod to limit the energy switch in the release position; and the locking assembly is configured such that when the locking assembly is in the unlocked position, the limiting rod is in the non-limiting position, an end of the locking rod facing towards the energy switch is abutted against the energy switch, and an end of the locking rod facing towards the limiting rod is not abutted against the limiting rod and becomes a free end, which allows the energy switch to be switchable between the excitation position and the release position; wherein under an action of external force, the energy switch moves from the release position to the excitation position and drives the locking rod to move, and the locking rod drives the reset element to generate a deformation which results in an elastic restoring force; and wherein when the external force is removed, the reset element returns to the reset state under an action of the elastic restoring force and drives the locking rod to move, and the locking rod drives the energy switch to move from the excitation position to the release position. The motivation to do so being to provide selective lockout for the triggers (Boudreaux, Paragraph [0069]-[0078]).
Regarding claim 6, Nagtegaal in view of Boudreaux discloses the surgical instrument according to claim 5.
However Nagtegaal does not explicitly disclose wherein at least a part of the limiting rod is located in the first handle, and is located at a side of the energy switch facing towards the second handle and is spaced apart from the energy switch by an interval; and the locking rod and the reset element are located in the first handle and are located at the interval between the limiting rod and the energy switch, and extending directions of the locking rod and the reset element intersect with the limiting rod and the energy switch, respectively.
Boudreaux discloses wherein at least a part of the limiting rod is located in the first handle, and is located at a side of the energy switch facing towards the second handle and is spaced apart from the energy switch by an interval (lockstop 730 is located in first handle, Figures 7-8); and the locking rod and the reset element are located in the first handle and are located at the interval between the limiting rod and the energy switch (lock out arm 728 and latch 718 are located in first handle at interval between limiting rod 730 and energy switch 708, Figures 7-8), and extending directions of the locking rod and the reset element intersect with the limiting rod and the energy switch, respectively (movement of components for lockout mechanism, see Figures 7-8).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Nagtegaal to incorporate the teachings of Boudreaux by including wherein at least a part of the limiting rod is located in the first handle, and is located at a side of the energy switch facing towards the second handle and is spaced apart from the energy switch by an interval; and the locking rod and the reset element are located in the first handle and are located at the interval between the limiting rod and the energy switch, and extending directions of the locking rod and the reset element intersect with the limiting rod and the energy switch, respectively. The motivation to do so being to provide selective lockout for the triggers (Boudreaux, Paragraph [0069]-[0078]).
Regarding claim 7, Nagtegaal in view of Boudreaux discloses the surgical instrument according to claim 5.
However Nagtegaal does not explicitly disclose wherein the first handle is provided with an accommodating structure; the reset element is connected with the locking rod, sleeved onto a part of the locking rod and accommodated, together with the part of the locking rod, in the accommodating structure; wherein the accommodating structure is provided with an opening for the end of the locking rod facing towards the limiting rod to pass therethrough, and a size of the reset element is larger than that of the opening in a direction perpendicular to an extending direction of the locking rod; and the locking rod is provided with a limiting boss, and the limiting boss is located in the accommodating structure and is closer to the energy switch than the reset element.
Boudreaux discloses wherein the first handle is provided with an accommodating structure (shoulder or other feature 731 of second trigger, Paragraph [0074], Figures 7-9); the reset element is connected with the locking rod (latch 718 is connected with lock out arm 728, Figures 7-8), sleeved onto a part of the locking rod and accommodated, together with the part of the locking rod, in the accommodating structure (Figures 7-8); wherein the accommodating structure is provided with an opening for the end of the locking rod facing towards the limiting rod to pass therethrough (the ledge, protrusion, or other feature of the lock stop 730 can be configured to ride along the shoulder or other feature 731 of the second trigger when the second trigger is actuated, Paragraph [0075]), and a size of the reset element is larger than that of the opening in a direction perpendicular to an extending direction of the locking rod (latch 718 is larger, Figures 7-8); and the locking rod is provided with a limiting boss (lock stop 730, Figures 7-8), and the limiting boss is located in the accommodating structure and is closer to the energy switch than the reset element (the ledge, protrusion, or other feature of the lock stop 730 can be configured to ride along the shoulder or other feature 731 of the second trigger when the second trigger is actuated, Paragraph [0075]).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Nagtegaal to incorporate the teachings of Boudreaux by including wherein the first handle is provided with an accommodating structure; the reset element is connected with the locking rod, sleeved onto a part of the locking rod and accommodated, together with the part of the locking rod, in the accommodating structure; wherein the accommodating structure is provided with an opening for the end of the locking rod facing towards the limiting rod to pass therethrough, and a size of the reset element is larger than that of the opening in a direction perpendicular to an extending direction of the locking rod; and the locking rod is provided with a limiting boss, and the limiting boss is located in the accommodating structure and is closer to the energy switch than the reset element. The motivation to do so being to provide selective lockout for the triggers (Boudreaux, Paragraph [0069]-[0078]).
Regarding claim 8, Nagtegaal in view of Boudreaux discloses the surgical instrument according to claim 5.
However Nagtegaal does not explicitly disclose wherein the limiting rod is connected with the second handle, and wherein the second handle moves towards the first handle to drive the limiting rod to move towards the non-limiting position, and the second handle moves away from the first handle to drive the limiting rod to move towards the limiting position.
Boudreaux discloses wherein the limiting rod is connected with the second handle, and wherein the second handle moves towards the first handle to drive the limiting rod to move towards the non-limiting position (the position naturally assumed when the first trigger 706 is in an open configuration, actuation of the second trigger 708 can be prevented (when first trigger is in an actuated position, the second trigger 708 can therefore be actuated, Paragraphs [0073-0074]), Paragraph [0072]), and the second handle moves away from the first handle to drive the limiting rod to move towards the limiting position (the position naturally assumed when the first trigger 706 is in an open configuration, actuation of the second trigger 708 can be prevented, Paragraph [0072]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Nagtegaal to incorporate the teachings of Boudreaux by including wherein the limiting rod is connected with the second handle, and wherein the second handle moves towards the first handle to drive the limiting rod to move towards the non-limiting position, and the second handle moves away from the first handle to drive the limiting rod to move towards the limiting position. The motivation to do so being to provide selective lockout for the triggers (Boudreaux, Paragraph [0069]-[0078]).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nagtegaal in view of Boudreaux further in view of Boudreaux et al. (U.S. PGPub. No. 20170367752) herein referred to as “Boudreaux 2”.
Regarding claim 11, Nagtegaal in view of Boudreaux discloses the surgical instrument according to claim 8.
However Nagtegaal in view of Boudreaux does not explicitly disclose further comprising a prompt tone elastic piece arranged inside the first handle, wherein the limiting rod is provided with a third protrusion; and when the second handle moves towards the first handle to drive the limiting rod to the non-limiting position, the third protrusion triggers the prompt tone elastic piece to generate a prompt tone.
Boudreaux 2 discloses further comprising a prompt tone elastic piece arranged inside the first handle, wherein the limiting rod is provided with a third protrusion; and when the second handle moves towards the first handle to drive the limiting rod to the non-limiting position, the third protrusion triggers the prompt tone elastic piece to generate a prompt tone (when locking member 38 is in the locked configuration the firing trigger 16 is in the first actuated position, if the clinician attempts to actuate the firing trigger 16 from the unactuated position to the first actuated position, the indicator 205 may be activated to alert the clinician that the firing drive assembly is locked, Paragraph [0042]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Nagtegaal in view of Boudreaux to incorporate the teachings of Boudreaux 2 by including a prompt tone elastic piece arranged inside the first handle, wherein the limiting rod is provided with a third protrusion; and when the second handle moves towards the first handle to drive the limiting rod to the non-limiting position, the third protrusion triggers the prompt tone elastic piece to generate a prompt tone. The motivation to do so being alert the clinician that the firing drive assembly is locked (Boudreaux 2, Paragraph [0042]).
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nagtegaal in view of Whitfield et al. (U.S. PGPub. No. 20060079913) herein referred to as “Whitfield”.
Regarding claim 19, Nagtegaal discloses the surgical instrument according to claim 1.
However Nagtegaal does not explicitly disclose wherein the surgical instrument comprises a reset mechanism; the end effector comprises a first arm and a second arm which are openable and closable; and the second handle, the first transmission assembly, the reset mechanism and the end effector are configured such that, under an action of an external force, the second handle moves towards the first handle to drive the first transmission assembly to move, the reset mechanism generates a deformation resulting in an elastic restoring force, and the first transmission assembly drives the first arm and the second arm of the end effector to be closed; and when the external force is removed, the reset mechanism is reset under an action of the elastic restoring force and drives the first transmission assembly to move, thereby driving the second handle to move away from the first handle and driving the first arm and the second arm of the end effector to be opened.
Whitfield discloses an apparatus for applications of surgical clips to body tissue (Abstract) wherein the surgical instrument comprises a reset mechanism (trigger 18 is released, pawl 212 now rotates counter-clockwise against the bias of pawl spring 216 such that pawl teeth 222 ride along rack teeth to reset the handle assembly, Paragraph [0218], Figure 82); the end effector comprises a first arm and a second arm which are openable and closable (jaws are actuated by a trigger 18 movably mounter in handle assembly 12, Paragraph [0143], Figures 1-5); and the second handle, the first transmission assembly, the reset mechanism and the end effector are configured such that, under an action of an external force, the second handle moves towards the first handle to drive the first transmission assembly to move (trigger 18 is actuated by the operator to close the jaws 12, Paragraph [0143], Figures 1-5), the reset mechanism generates a deformation resulting in an elastic restoring force (as rack 202 moves distally pawl 212 rotates clockwise such that pawl teeth 222 move out of distal recess 228 and begin to ride over rack teeth 226, Paragraph [0196], Figure 49), and the first transmission assembly drives the first arm and the second arm of the end effector to be closed (trigger 18 is actuated to close the jaws 12, Paragraph [0143], Figures 1-5); and when the external force is removed, the reset mechanism is reset under an action of the elastic restoring force and drives the first transmission assembly to move, thereby driving the second handle to move away from the first handle and driving the first arm and the second arm of the end effector to be opened (trigger 18 is released, pawl 212 now rotates counter-clockwise against the bias of pawl spring 216 such that pawl teeth 222 ride along rack teeth to reset the handle assembly, Paragraph [0218], Figure 82).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Nagtegaal to incorporate the teachings of Whitfield by including wherein the surgical instrument comprises a reset mechanism; the end effector comprises a first arm and a second arm which are openable and closable; and the second handle, the first transmission assembly, the reset mechanism and the end effector are configured such that, under an action of an external force, the second handle moves towards the first handle to drive the first transmission assembly to move, the reset mechanism generates a deformation resulting in an elastic restoring force, and the first transmission assembly drives the first arm and the second arm of the end effector to be closed; and when the external force is removed, the reset mechanism is reset under an action of the elastic restoring force and drives the first transmission assembly to move, thereby driving the second handle to move away from the first handle and driving the first arm and the second arm of the end effector to be opened. The motivation to do so being to reset the handle assembly (Whitfield, Paragraph [0218]).
Allowable Subject Matter
Claims 9-10, 14-15 and 16-17 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Dana Stumpfoll whose telephone number is (703)756-4669. The examiner can normally be reached 9-5 pm (CT), M-F.
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.
/D.S./Examiner, Art Unit 3794
/JOANNE M RODDEN/Supervisory Patent Examiner, Art Unit 3794
Prosecution Insights