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 .
Claim Objections
Claim 20 is objected to because of the following informalities: Line 10: “a inner part” should read –an inner part–. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 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.
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.
Claims 12-18, 20, and 22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Boudreaux, US 20210330374, herein referred to as “Boudreaux”.
Regarding claim 12, Boudreaux teaches a bipolar HF instrument (Figure 5) comprising: a jaw part (Figure 5: end effector 210), a first instrument branch and a second instrument branch for grasping tissue (Figure 5: housing 232 and resilient arm 234), which are provided and configured to move away from each other when opening and toward each other when closing (Figures 14A-B); a blade actuating element for moving a mechanical blade in the jaw part for cutting tissue (Figure 5: knife trigger 251 and [0085]); and/or (every claim limitation after the preceding “and/or” is not actively claimed and thus is considered an optional feature) an HF activation element for activating an HF power supply for sealing tissue ([optional] Figure 5: RF trigger 242), the blade actuating element and/or the HF activation element being operable from two opposite sides of the bipolar HF instrument ([optional] [0086]: “Electrode activation assembly (240) includes an RF trigger (242) slidably supported on each lateral side of housing (232), ”), the HF activation element comprising an inner part which is mounted in a rocking, sliding or pivotable manner on an axis of rotation of the HF activation element in the second instrument branch orthogonal to a proximal-distal direction ([optional] Figure 6: coupling block 244 and [0086]), the inner part having a side pointing in a direction proximal to the bipolar HF instrument that has a contact element with an activation surface that contacts at least a first HF activation button during actuation of the HF activation element and activates the HF power supply ([optional] Figure 10: sliding body 246 contacts activation button 248 and [0086]), the inner part of the HF activation element comprising a first actuating wing or knob and a second actuating wing or knob ([optional] Figures 6 and 10: coupling block 244 has two sides which are considered actuating wings), the first actuating wing or knob protruding laterally on the second instrument branch ([optional] Figure 6) and the second actuating wing or knob protruding opposite the first actuating wing on the other side of the second instrument branch ([optional] Figure 6: coupling block 244 has two sides which are considered actuating wings), and the contact element comprising two adjacent cams that extend in a direction of the first HF activation button and receive the first HF activation button between the two adjacent cams without contact in a non-actuated state ([optional] Figure 10: sliding body 246 and [0086]).
Regarding claim 13, Boudreaux discloses the bipolar HF instrument according to claim 12, wherein the HF activation element is proximally movable when performing sealing ([0086]: “A proximal end of sliding body (246) is directly adjacent to activation button (248) such that proximal translation of sliding body (246) triggers activation button (248). Therefore, the operator may press RF trigger (242) proximally in order to compress activation button (248). ”).
Regarding claim 14, Boudreaux discloses the bipolar HF instrument according to claim 12, wherein the inner part is crossbar-shaped (Figure 10: coupling block 244 is crossbar-shaped).
Regarding claim 15, Boudreaux discloses the bipolar HF instrument according to claim 12, wherein the HF activation element is provided in an open state of the bipolar HF instrument with a locking element of the HF activation element to lock an actuation of the HF activation element (Figure 6: lockout button 245 and [0088]).
Regarding claim 16, Boudreaux discloses the bipolar HF instrument according to claim 12, wherein the first HF activation button is arranged in a proximal direction away from the inner part of the HF activation element (Figure 6: activation button 248 is proximal to coupling block 244) but facing the inner part of the HF activation element on a printed circuit board in the second instrument branch (Figure 6: activation button 248 is on circuit board 208 as part of housing 232).
Regarding claim 17, Boudreaux discloses the bipolar HF instrument according to claim 12, wherein in the first instrument branch, a first rack and pinion gear is provided and arranged (Figure 10: teeth 228 and output pinion 256), in which an input rack is connected to the blade actuating element (Figure 10: distal rack 282 and [0117]) and an output rack is connected to the mechanical blade (Figure 10: proximal rack 226 and [0103]), wherein the blade actuating element is linearly movable proximally from a distal resting position for operating the mechanical blade (Figure 10: knife 220 and [0111]-[0112]).
Regarding claim 18, Boudreaux discloses the bipolar HF instrument according to claim 17, wherein the input rack and the blade actuating element are arranged approximately on a plane of symmetry between the first instrument branch and the second instrument branch (Figures 6 and 10: distal rack 282 and knife trigger 251 are arranged approximately on a plane of symmetry between housing 232 and resilient arm 234).
Regarding claim 20, Boudreaux teaches a bipolar HF instrument (Figure 5) comprising: a jaw part (Figure 5: end effector 210), a first instrument branch and a second instrument branch for grasping tissue (Figure 5: housing 232 and resilient arm 234), which are provided and configured to move away from each other when opening and toward each other when closing (Figures 14A-B); a blade actuating element for moving a mechanical blade in the jaw part for cutting tissue (Figure 5: knife trigger 251 and [0085]); and/or (every claim limitation after the preceding “and/or” is not actively claimed and thus is considered an optional feature) an HF activation element for activating an HF power supply for sealing tissue ([optional] Figure 5: RF trigger 242), the blade actuating element and/or the HF activation element being operable from two opposite sides of the bipolar HF instrument ([optional] [0086]: “Electrode activation assembly (240) includes an RF trigger (242) slidably supported on each lateral side of housing (232), ”), the HF activation element comprising an inner part mounted in a rocking, sliding or pivotable manner on an axis of rotation of the HF activation element in the second instrument branch orthogonal to a proximal-distal direction ([optional] Figure 6: coupling block 244 and [0086]), the inner part having a side pointing in a direction proximal to the bipolar HF instrument that has a contact element with an activation surface that contacts at least a first HF activation button during actuation of the HF activation element and activates the HF power supply ([optional] Figure 10: sliding body 246 contacts activation button 248 and [0086]), the inner part of the HF activation element comprising a first actuating wing or knob and a second actuating wing or knob ([optional] Figures 6 and 10: coupling block 244 has two sides which are considered actuating wings), the first actuating wing or knob protruding laterally on the second instrument branch and the second actuating wing or knob protruding opposite the first actuating wing on the other side of the second instrument branch ([optional] Figure 6), and a second HF activation button being provided and arranged next to the first HF activation button parallel to the inner part of the HF activation element ([optional]).
Regarding claim 22, Boudreaux teaches a bipolar HF instrument (Figure 5) comprising: a jaw part (Figure 5: end effector 210), a first instrument branch and a second instrument branch for grasping tissue (Figure 5: housing 232 and resilient arm 234), which are provided and configured to move away from each other when opening and toward each other when closing (Figures 14A-B); a blade actuating element for moving a mechanical blade in the jaw part for cutting tissue (Figure 5: knife trigger 251 and [0085]); and/or an (every claim limitation after the preceding “and/or” is not actively claimed and thus is considered an optional feature) an HF activation element for activating an HF power supply for sealing tissue ([optional] Figure 5: RF trigger 242), the blade actuating element and/or the HF activation element being operable from two opposite sides of the bipolar HF instrument ([optional] [0086]: “Electrode activation assembly (240) includes an RF trigger (242) slidably supported on each lateral side of housing (232), ”), and the HF activation element being configured to activate the HF power supply after a first tap activation and switches off the HF power supply automatically ([optional] [0086]: “RF trigger (242), coupling block (244), and/or sliding body (246) may be biased toward a position such that activation button (248) is not activated.”) or stops the HF power supply manually after a second tap activation of the HF activation element.
Claim Rejections - 35 USC § 103
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 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.
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.
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.
Claims 19, 21, and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Boudreaux in view of Cummings, US 20200015881, herein referred to as “Cummings”.
Regarding claims 19, 21, and 23, Boudreaux discloses the bipolar HF instrument according to claims 12, 20, and 22, but does not explicitly disclose a bipolar HF instrument further comprising a latching device for achieving a latched-in state with the first instrument branch and the second instrument branch closed.
However, Cummings teaches a bipolar HF instrument (Figure 1) further comprising a latching device for achieving a latched-in state with the first instrument branch and the second instrument branch closed (Figure 12: latch assembly 348 and [0079]).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the bipolar HF instrument disclosed by Boudreaux so that it includes a latching device for achieving a latched-in state with the first instrument branch and the second instrument branch closed as taught by Cummings to ensure that the device stays closed (Cummings [0079]).
Conclusion
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/N.W.R./Examiner, Art Unit 3794
/SEAN W COLLINS/Primary Examiner, Art Unit 3794