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 July 11, 2024 is acknowledged. The submission 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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2, 4-6, and 10-11 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 2, and by virtue of their dependency, Claims 4-6 and 10-11, recite the limitation "the inner cover". There is insufficient antecedent basis for this limitation in the claim. For purposes of examination, the claims will be read to require the limitation “at least a portion of the shaft is electrically conductive”.
Claim 4 also recites the limitation “the mounting recess” in line 2 and the coupling protrusion of the tip cover” in line 3. There is insufficient antecedent basis for these limitation in the claim. For purposes of examination, these limitations will be read as “a mounting recess” and “a coupling protrusion of a tip cover” respectively.
Claim 5 also recites the limitation “the tip cover” in line 2. There is insufficient antecedent basis for these limitation in the claim. For purposes of examination, this limitation will be read as “a tip cover”.
Claim 11 recites the limitation “the wrist” in lines 5-6. There is insufficient antecedent basis for these limitation in the claim. For purposes of examination, this limitation will be read as “the wrist assembly”.
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) 1-6, 10, 14, 16-20, 22 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over US 20190314107 A1 (Worrel et al.) in view of US 20180035871 A1 (Joshi et al.).
Regarding Claim 1, Worrel discloses a medical device [200], comprising:
a shaft [202] comprising an outer surface, an inner surface, and a distal end surface, a spacer [400], and a wrist assembly (wrist [206] and surrounding components distal of spacer [400]) (see para. 0050, Fig. 2);
wherein the spacer comprises a first coupling portion and a second coupling portion, with the first coupling portion of the spacer coupled to the shaft and the second coupling portion coupled to the wrist assembly (see para. 0063, “an indirect coupling engagement where the shaft adapter 400 interposes the wrist 206 and the distal end of the shaft 202”).
Worrel also discloses various embodiments suggesting ways to couple the spacer [400] to a rigid base (e.g., using annular grooves and protrusions to create a snap-fit engagement; see Fig. 15A).
Worrel does not explicitly disclose:
an electrically insulative outer cover positioned over the outer surface of the shaft comprising an inner surface and a distal end portion, wherein the distal end portion of the outer cover extends beyond the distal end surface of the shaft;
that the spacer be electrically insulative and comprise a circumferential annular protrusion itself comprising a shoulder and a seal surface;
that the shoulder of the annular protrusion is in contact with the distal end surface of the shaft;
and that the shaft is electrically isolated from electrical energy by the seal surface of the annular protrusion contacting the inner surface of the outer cover.
Joshi discloses:
an electrically insulative outer cover [116] positioned over the outer surface of a shaft [161] comprising an inner surface and a distal end portion, wherein the distal end portion of the outer cover extends beyond the distal end surface of the shaft (see Fig. 3, Fig. 5);
that the spacer is electrically insulative (see para. 0001, “a handpiece for fluidically sealing, isolating and electrically insulating a detachable tip”) and comprises a circumferential annular protrusion itself comprising a shoulder (see annotated Fig. 7 below) and a seal surface (e.g., the surface of [104] in channel [102] pressing against outer cover [116]; see Fig. 5);
and that the shaft is electrically isolated from electrical energy by the seal surface of the annular protrusion contacting the inner surface of the outer cover (see Fig. 3).
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Joshi also does not specifically disclose that the shoulder of the annular protrusion is in contact with the distal end surface of the shaft.
It would have been prima facie obvious before the effective filing date of the claimed invention to combine the teachings of Worrel and Joshi to arrive at the claimed invention. This could be achieved by adding Joshi’s electrically insulative cover to the device of Worrel and modifying the spacer of Worrel so as to generally follow the structure of that of Joshi, except at each of the proximal and distal ends where the spacer could have the coupling structure using annular grooves and protrusions disclosed in Fig. 15A of Worrel instead to couple the spacer to the shaft and wrist assembly respectively. The combination would therefore have an electrically insulative spacer and comprise a circumferential annular protrusion comprising a shoulder and a seal surface, with the shaft being electrically isolated from electrical energy by the seal surface of the annular protrusion contacting the inner surface of the outer cover. On the proximal end of the spacer, the shoulder of the annular protrusion would be in contact with the distal end surface of the shaft since extending from the proximal side of the spacer would be the coupling structure of Worrel’s Fig. 15A (as opposed to the portion of Joshi’s tube end [101]) and the shaft would then surround that structure to create a snap-fit, thereby also coupling the distal end of the shaft and the shoulder. This combination would assist with fluidically sealing, isolating and electrically insulating parts of the medical device, as recognized by Joshi.
Regarding Claim 2, Joshi teaches that the tube end [101] may be made of stainless steel (an electrically conductive material). Although Worrel and Joshi are silent as to the material of the shaft, in the combination of Worrel and Joshi discussed in Claim 1 above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have the shaft also be made out of stainless steel (thereby making the tube end and the tube/shaft out of the same material) to reduce cost and increase strength, a motivation also acknowledged by the instant application (see para. 0008, “some known medical devices may include a shaft constructed with electrically conductive material such as stainless steel to reduce cost and increase strength”).
Regarding Claim 3, the combination of Worrel and Joshi as described in Claim 1 above discloses:
the shoulder of the annular protrusion is a first shoulder (see annotated Fig. 7 above);
the spacer comprises a second shoulder and a mounting recess [1502] between the annular protrusion and the second shoulder (see annotated Fig. 15A below);
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Worrel also teaches the medical device:
comprises a tip cover [422; 1402 & 1410] (see Fig. 12; see also Fig. 14A);
that the tip cover comprises a coupling protrusion (the part of [1410] that protrudes into [1502] in Fig. 15A);
and the coupling protrusion is within the mounting recess [1502].
The combination as discussed in Claim 1 does not specifically disclose a first seal surface wherein fluid is prevented from passing between the tip cover and the spacer by the first seal surface of the tip cover being in contact with the second shoulder of the spacer. However, Joshi discloses a ridge [112] near the connection of the spacer and the wrist assembly, wherein the ridge is configured to engage the inner surface of the tip to create a seal therewith, which prevents fluid from entering the instrument at the tip-handpiece connection point (see para. 0031). Rearranging the location of this ridge so it is located at the end of the spacer (forming part of the second shoulder) would also serve to create a seal surface that prevents fluid from passing between the tip cover and the spacer. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make this rearrangement, since it has been held that rearranging parts of an invention involves only routine skill in the art (see In re Japikse, 86 USPQ 70).
Regarding Claim 4, the combination as discussed in Claim 3 above discloses that the outer cover comprises a distal end surface (see Fig. 3 of Joshi) but does not disclose:
a distal end portion of the outer cover that extends over the mounting recess of the spacer to enclose the coupling protrusion of the tip cover;
the tip cover comprises a second seal surface;
and fluid is prevented from passing between the tip cover and the outer cover by a seal formed between the distal end surface of the outer cover and the second seal surface.
It would have been obvious before the effective filing date of the claimed invention to have the combination as discussed in Claim 3 above also have the outer cover extend beyond what is disclosed in Fig. 3 of Joshi so that the distal end extends to the external sleeve of the tip cover [1206] (see Fig. 12) and be coupled therewith, creating a seal between. This would result in the device having a distal end portion of the outer cover that extends over the mounting recess of the spacer, encloses the coupling protrusion of the tip cover, and prevents fluid from passing between the tip cover and the outer cover by the seal formed between the distal end surface of the outer cover and the second seal surface of the tip cover. This modification would avoid gaps in the insulation of the device.
Regarding Claim 5, Worrel discloses that the tip cover comprises an inner cover member [1202] and an outer cover member [1206];
the inner cover member is constructed from a first material having a hardness (see para. 0126, “The tip 1202 may be made of a flexible material, such as silicone”);
and wherein the outer cover member is constructed from a second material having a hardness (see para. 0126, “the base 1204 may be made of a more rigid material, such as polyether ether ketone”); and the hardness of the first material is more than the hardness of the second material.
Regarding Claim 6, the combination as discussed in Claim 1 above discloses that the spacer comprises a spacer passageway (see Fig. 15A of Worrel) but does not disclose:
the second coupling portion of the spacer comprises a plurality of protrusions within the spacer passageway;
and the wrist assembly is coupled to the spacer by the plurality of protrusions engaging the wrist assembly.
It has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art (see In re Einstein, 8 USPQ 167). It would have been obvious for a person having ordinary skill in the art before the effective filing date of the instant application to modify the combination of Claim 1 discussed above to arrive at the claimed invention by reversing the snap-fit mechanism of Fig. 15A of Worrel such that it is the tip cover that extends into the spacer passageway instead of the other way around. In this manner, the spacer would comprise the plurality of protrusions engaging the grooves in the tip cover of the wrist assembly and the second coupling portion would therefore be found within its passageway.
Regarding Claim 10, the combination as discussed in claim 1 does not disclose:
the medical device further comprises an insulation member adjacent the inner surface of the shaft;
and the insulation member is coupled to the third coupling portion of the spacer.
However, Joshi discloses a ridge [112] near the connection of the spacer and the wrist assembly, wherein the ridge is configured to act as an insulation member which prevents fluid from entering the instrument at the tip-handpiece connection point (see para. 0031). Duplicating the location of this ridge so it is also located at the proximal end of the spacer (forming part of the shoulder on the proximal side) would yield an insulation member coupled to the inner surface of the shaft. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make this duplication, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art (see St. Regis Paper Co. v. Bemis Co., 193 USPQ 8).
Regarding Claim 14, Worrel as modified in the combination as discussed in Claim 1 above discloses:
a proximal mechanical structure [208] and an electronic circuit located within the proximal mechanical structure (see Fig. 2; see also para. 0051, “a robotic surgical system having an interface configured to mechanically and electrically couple the surgical tool 200 (e.g., the housing 208) to a robotic manipulator”);
that the shaft comprises a proximal end portion coupled to the proximal mechanical structure (see Fig. 2);
and that the shaft is electrically coupled to the electronic circuit (see Fig. 2; see also para. 0077, “the electrical conductor 418 may be electrically coupled to the power cable 214, such as at the drive housing 208”);
The combination does not explicitly disclose:
the electronic circuit comprises a processor;
the processor is configured to receive an input signal associated with a change of electrical impedance of the shaft;
and the processor is configured to produce a control signal on a condition the input signal received by the processor indicates an electrically conductive breach in the outer cover.
However, Worrel does disclose the need to mitigate electricity flowing into unintended pathways and recognizes a breach could occur at least when separating the tip cover and spacer (see e.g., para. 0082, “the sleeve 422 may have a tendency to creep axially, which results in the proximal end 426b separating from the radial shoulder 428 and increasing the likelihood of electrical discharge in unintended pathways”). Worrel also proposes several embodiments with processors (near the wrist assembly) configured to receive an input signal associated with a change in the position of the tip cover and that produce a control signal on a condition the processor indicates an electrically conductive breach in the outer cover (see e.g., Figs. 6A-6B showing a hall effect sensor configured to detect and alert of movement of the tip cover and Figs. 8A-8B showing the electrical circuit being shorted when the tip cover migrates from the assembled position; see also para. 0082, “Embodiments described herein provide a positive indicator that the sleeve 422 has moved from its properly assembled position”).
It would have been obvious before the effective filing date of the claimed invention to modify the combination as discussed in Claim 1 above to provide for a processor located at a proximal mechanical structure and that is configured to receive an input signal associated with a change of electrical impedance of the shaft and configured to produce a control signal on a condition the input signal received by the processor indicates an electrically conductive breach in the outer cover. Doing so would be an alternative or additional way to help alert of electrical discharges in unintended pathways.
Regarding Claim 16, Worrel discloses a medical device [200] comprising:
a shaft [202] comprising a distal end portion and an outer surface (see Fig. 2);
a wrist assembly [206] coupled to the distal end portion of the shaft (see para. 0063, “the wrist 206 may be operatively coupled to the shaft 202 either through a direct coupling engagement where the wrist 206 is directly coupled to the distal end of the shaft 202, or an indirect coupling engagement where the shaft adapter 400 interposes the wrist 206 and the distal end of the shaft 202”);
wherein the shaft comprises a first shoulder, a second shoulder, and a mounting recess [e.g., 1502] defined by the outer surface between the first shoulder and the second shoulder (see Fig. 15A);
a tip cover [422; 1402 & 1410] comprising an outer surface (see Fig. 12; see also Fig. 14A), a coupling protrusion (e.g., protrusions coupling to [1502] in Fig. 15A), and seal surfaces generally (e.g., the surfaces coupled to the shaft adapter [400]);
and wherein a portion of the tip cover surrounds the wrist assembly (see Fig. 4);
Worrel also discloses various embodiments suggesting ways to couple a shaft adapter with shoulders to the tip cover (e.g., using annular grooves and protrusions to create a snap-fit engagement; see Fig. 15A) and also suggests that the shaft adapter can be omitted (see para. 0063) for direct coupling between the shaft and tip cover.
Worrel does not explicitly disclose:
an outer cover comprising a distal end surface;
wherein the outer cover at least partially surrounds the outer surface of the shaft;
and wherein the coupling protrusion of the tip cover is positioned within the mounting recess of the shaft between the outer cover and the shaft such that the first seal surface of the tip cover forms a first seal with the second shoulder of the shaft, and the second seal surface of the tip cover forms a second seal with the distal end surface of the outer cover.
Joshi discloses a medical device comprising:
an outer cover [116] comprising a distal end surface and that at least partially surrounds the outer surface of the shaft [161] (see Fig. 3, Fig. 5).
Joshi also does not disclose that a coupling protrusion of the tip cover is positioned within a mounting recess of the shaft between the outer cover and the shaft such that the first seal surface of the tip cover forms a first seal with the second shoulder of the shaft, and the second seal surface of the tip cover forms a second seal with the distal end surface of the outer cover.
It would have been prima facie obvious before the effective filing date of the claimed invention to combine the teachings of Worrel and Joshi to arrive at the claimed invention. This could be achieved by adding Joshi’s electrically insulative cover to the device of Worrel and having it surround the shaft and partially the tip, coupling and forming a seal with the external sleeve of Worrel’s tip cover [1206]. Such a combination would therefore modify Worrel to have an outer cover comprising a distal end surface and that partially surrounds the outer surface of the shaft. In this combination, it would have also been obvious to omit the shaft adapter 400 and have the shaft directly coupled to the wrist and tip instead as suggested by Worrel (by coupling the shaft to the tip in the same manner as the shaft adapter would have been). This would result in a coupling protrusion of the tip cover that is positioned within a mounting recess of the shaft between the outer cover and the shaft such that the first seal surface of the tip cover forms a first seal with the second shoulder of the shaft (e.g., at the distal end of the shaft), and a second seal surface of the tip cover forms a second seal with the distal end surface of the outer cover (where the external sleeve couples to the insulative cover). This combination would assist with fluidically sealing, isolating and electrically insulating parts of the medical device, as recognized by Joshi.
Regarding Claim 17, Worrel discloses that the tip cover comprises an inner cover member [1202] and an outer cover member [1206];
the inner cover member is constructed from a first material having a hardness (see para. 0126, “The tip 1202 may be made of a flexible material, such as silicone”);
and wherein the outer cover member is constructed from a second material having a hardness (see para. 0126, “the base 1204 may be made of a more rigid material, such as polyether ether ketone”); and the hardness of the first material is more than the hardness of the second material.
Regarding Claim 18, the combination as discussed in Claim 16 above discloses that the shaft comprises a passageway. However, the combination does not disclose a plurality of protrusions within the passageway or that the wrist assembly is coupled to the shaft by the plurality of protrusions engaging the wrist assembly.
Duplicating the protrusions of the tip cover so they are also located at the inner surface of the shaft would allow the shaft to engage with the wrist assembly and be coupled thereto. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make this duplication, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art (see St. Regis Paper Co. v. Bemis Co., 193 USPQ 8).
Regarding Claim 19, Worrel as modified in the combination as discussed in Claim 18 above discloses:
the medical device comprises a cable [408];
the shaft [202] comprises a cable opening [the opening narrower than the passageway where the coupling protrusions between the tip cover and the shaft are located] (see e.g., Fig. 15A);
and the cable is routed through the passageway of the shaft, through the cable opening of the shaft and to the wrist assembly (see para. 0066, “A plurality of drive cables, shown as drive cables 408a, 408b, 408c, and 408d, extend longitudinally within a lumen 410 defined by the shaft adapter 400 (and/or the shaft 202 of FIG. 2) and pass through the wrist 206 to be operatively coupled to the end effector 204).
Regarding Claim 20, Worrel as modified in the combination as discussed in Claim 16 above discloses:
the medical device comprises an electrically conductive wire [418];
the wrist assembly comprises an electrically conductive proximal link [402b] (see also para. 0106);
the proximal link of the wrist assembly comprises a coupling protrusion [the protrusion holding contact 804a] (see Fig. 8A-8B);
and the coupling protrusion of the proximal link comprises an electrical connector [804a];
and the electrically conductive wire [418] is received in the electrical connector [804a] (see para. 0106, “The electrical conductor 418 may extend to the first contact 804a and provide electrical energy thereto.”).
Regarding Claim 22, Worrel as modified in the combination as discussed in Claim 16 above discloses:
a proximal mechanical structure [208] and an electronic circuit located within the proximal mechanical structure (see Fig. 2; see also para. 0051, “a robotic surgical system having an interface configured to mechanically and electrically couple the surgical tool 200 (e.g., the housing 208) to a robotic manipulator”);
that the shaft comprises a proximal end portion coupled to the proximal mechanical structure (see Fig. 2);
and that the shaft is electrically coupled to the electronic circuit (see Fig. 2; see also para. 0077, “the electrical conductor 418 may be electrically coupled to the power cable 214, such as at the drive housing 208”).
Regarding Claim 23, the combination as discussed in Claim 22 above does not disclose:
the electronic circuit comprises a processor;
the processor is configured to receive an input signal associated with a change of electrical impedance of the shaft;
and the processor is configured to produce a control signal on a condition the input signal received by the processor indicates an electrically conductive breach in the outer cover.
However, Worrel does disclose the need to mitigate electricity flowing into unintended pathways and recognizes a breach could occur at least when separating the tip cover and spacer (see e.g., para. 0082, “the sleeve 422 may have a tendency to creep axially, which results in the proximal end 426b separating from the radial shoulder 428 and increasing the likelihood of electrical discharge in unintended pathways”). Worrel also proposes several embodiments with processors (near the wrist assembly) configured to receive an input signal associated with a change in the position of the tip cover and that produce a control signal on a condition the processor indicates an electrically conductive breach in the outer cover (see e.g., Figs. 6A-6B showing a hall effect sensor configured to detect and alert of movement of the tip cover and Figs. 8A-8B showing the electrical circuit being shorted when the tip cover migrates from the assembled position; see also para. 0082, “Embodiments described herein provide a positive indicator that the sleeve 422 has moved from its properly assembled position”).
It would have been obvious before the effective filing date of the claimed invention to modify the combination as discussed in Claim 22 above to provide for a processor located at the proximal mechanical structure and that is configured to receive an input signal associated with a change of electrical impedance of the shaft and configured to produce a control signal on a condition the input signal received by the processor indicates an electrically conductive breach in the outer cover. Doing so would be an alternative or additional way to help alert of electrical discharges in unintended pathways.
Claim(s) 11 are rejected under 35 U.S.C. 103 as being unpatentable over US 20190314107 A1 (Worrel et al.) in view of US 20180035871 A1 (Joshi et al.) and further in view of US 20190162310 A1 (Duque et al.).
Regarding Claim 11, the combination as discussed in Claim 1 above discloses a medical device comprising cables [408] (see Fig 4 of Worrel) routed from the shaft to the wrist assembly and a spacer comprising an inner surface and a spacer passageway (see e.g. Fig 3 of Joshi) but does not disclose:
a cable seal that comprises a cable opening and is coupled to a coupling protrusion of the wrist assembly within the spacer passageway to form a seal between the coupling protrusion of the wrist assembly and the inner surface of the spacer;
and that the cable is routed through the cable opening of the cable seal.
Duque discloses a cable seal (see Fig. 10) comprising a cable opening [134] and cables routed through the cable opening of the cable seal.
It would have been obvious for a person having ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Worrel, Joshi, and Duque to implement a cable seal similar to that of Duque in the combination of Worrel and Joshi as discussed in Claim 1. The cable seal could be located at the distal end of the protrusions shown in annotated Fig. 6A of Worrel below, thereby having the cable seal be coupled to a coupling protrusion of the wrist assembly within the spacer passageway to form a seal between the coupling protrusion of the wrist assembly and the inner surface of the spacer and allowing cables to be routed through the cable openings. Doing so would inhibit axial transmission of an insufflated gas and/or bodily fluid while not interfering with the function of the cables, as recognized by Duque.
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Claim(s) 25, 28, 29, and 31 are rejected under 35 U.S.C. 103 as being unpatentable over US 20190314107 A1 (Worrel et al.) in view of US 20190162310 A1 (Duque et al.).
Regarding Claim 25, Worrel discloses a medical device [200], comprising:
a shaft [202] comprising a proximal end portion, a distal end portion, an inner surface, and a passageway defined by the inner surface (see Fig. 2);
a link [402b] coupled to the distal end portion of the shaft (see Fig. 4);
a tool member [206] rotatably coupled to the link (see para. 0190);
and a cable [408] comprising a proximal end portion and a distal end portion (see Fig. 4);
wherein the proximal end portion of the cable is routed within the passageway of the shaft (see Fig. 4);
wherein the distal end portion of the cable is coupled to the tool member (see para 0059);
wherein movement of the cable causes motion of the tool member (see para 0066);
Worrel does not disclose:
a seal coupled within the passageway of the shaft and comprising a cable seal opening and cables routed through the cable opening of the cable seal;
wherein the cable seal opening has a diameter;
wherein the distal end portion of the cable has a first diameter when the cable is in an untensioned state and second diameter when the cable is in a tensioned state;
wherein the first diameter of the distal end portion of the cable is larger than the diameter of the cable seal opening;
and wherein the second diameter of the distal end portion of the cable is less than the diameter of the cable seal opening.
Duque discloses a cable seal within the passageway of the shaft (see Fig. 10) comprising a cable seal opening [134] with a diameter and cables routed through the cable opening of the cable seal.
Duque also does not explicitly disclose that the distal end portion of the cable has a first diameter when the cable is in an untensioned state and second diameter when the cable is in a tensioned state, with the first diameter being larger than the diameter of the cable seal opening and the second diameter being less than the diameter of the cable seal opening.
It would have been obvious for a person having ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Worrel and Duque to implement Duque’s cable seal in the passageway of the shaft of Worrel. Although the combination is silent as to the cable having a diameter that is larger than the diameter of the cable seal opening only when in the untensioned state, this would also be obvious in order to form a tight seal around the cable. Doing so would inhibit axial transmission of an insufflated gas and/or bodily fluid while not interfering with the function of the cables, as recognized by Duque.
Regarding Claim 28, in the combination as discussed in Claim 25 above Duque discloses a portion of the seal that defines the cable seal opening comprises a hydrophobic material (see para. 0014, “the molded portion can consist essentially of the fluoropolymer).
Regarding Claim 29, in the combination as discussed in Claim 25 above Duque discloses the cable seal opening comprises a first taper portion [108], a second taper portion [104], and a throat [106] that defines the diameter of the cable seal opening (see Fig. 9).
Regarding Claim 31, in the combination as discussed in Claim 25 above Duque discloses the seal defines an outer seal portion that engages and forms a seal with the inner surface of the shaft (see para. 0012, “The seal includes a substantially rigid portion having an outer perimeter shaped to interface with an instrument shaft of the surgical instrument”).
Conclusion
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/C.S./Examiner, Art Unit 3794
/JOSEPH A STOKLOSA/Supervisory Patent Examiner, Art Unit 3794
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