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 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 (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.
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 1-8, 11, 15-20, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Johnson et al. (US 20050192598 A1).
Regarding claim 1, Johnson discloses a medical device (Figs. 5, 7a-7f), comprising: an end effector 212, 214 including a first jaw 214 and a second jaw 212, wherein the first jaw pivots relative to the second jaw about a pivot axis (i.e., via 226) to transition from an open configuration to a closed configuration of the end effector (i.e., as described in para. [0043]); a control mechanism 224 coupled to the end effector (Fig. 5); and an actuator (i.e., handle as disclosed in para. [0030]) coupled to the control mechanism (i.e., as disclosed in para. [0030]), wherein movement of the actuator is configured to cause the control mechanism to slide longitudinally relative to the pivot axis between a first state and a second state of the control mechanism (para. [0030]; see also Figs. 4a-4b, 5, 7a-7f), wherein the end effector pivots between the open configuration and the closed configuration as the control mechanism slides longitudinally between the first state and the second state (para. [0029]), and wherein the control mechanism includes a distal member (i.e., distal end as shown in Fig. 7a), a proximal member (i.e., proximal end of slot as shown in Fig. 7a), and a slot 226 between the proximal member and the distal member, wherein a proximal surface of the distal member forms a closed distal end of the slot (i.e, as shown in Fig. 7(b) such that the end is closed).
Regarding claim 2, Johnson discloses the medical device of claim 1. Johnson also discloses wherein the first jaw of the end effector includes a proximal end (i.e., proximal of 220) and a distal end (i.e., distal of 214); wherein the proximal end of the first jaw is oriented at an angle relative to the distal end of the first jaw (i.e., at least as shown in Fig. 5 in the open position).
Regarding claim 3, Johnson discloses the medical device of claim 2. Johnson also discloses wherein the proximal end of the first jaw is disposed within the slot of the control mechanism when the control mechanism is in the first state (i.e., see Fig. 4b which shows 216 that is disposed in the slot).
Regarding claim 4, Johnson discloses the medical device of claim 3. Johnson also discloses wherein the proximal end of the first jaw contacts the distal member of the control mechanism when the control mechanism is in the second state (para. [0042]).
Regarding claim 5, Johnson discloses the medical device of claim 2. Johnson also discloses wherein, in the open configuration of the end effector, the proximal end of the first jaw is approximately parallel to a surface of the distal member of the control mechanism (i.e., Fig. 5 and Fig. 7b, the proximal end of the first jaw is approximately parallel to the surface that the pin is engaging during the camming action as disclosed by para. [0042]).
Regarding claim 6, Johnson discloses the medical device of claim 2. Johnson also discloses wherein the proximal end of the first jaw contacts the proximal member of the control mechanism as the control mechanism moves from the second state to the first state (para. [0042]).
Regarding claim 7, Johnson discloses the medical device of claim 1. Johnson also discloses wherein a camming action between the control mechanism and the end effector causes the first jaw to pivot relative to the second jaw about the pivot axis (para. [0042].
Regarding claim 8, Johnson discloses the medical device of claim 1. Johnson also discloses wherein the second jaw includes a protrusion 218 configured to engage the control mechanism (para. [0031]; Fig. 5) and to prevent the control mechanism from translating distally of the protrusion (Fig. 5).
Regarding claim 11, Johnson discloses the medical device of claim 1. Johnson also discloses wherein the end effector includes at least one pin 216, 218 configured to couple the first jaw and the second jaw about the pivot axis (Fig. 4a-4b).
Regarding claim 15, Johnson discloses a medical device (Figs. 4a-4b, 5, 7a-7f), comprising: an end effector 212, 214 including a first jaw 212 and a second jaw 214 configured to move between an open configuration and a closed configuration (para. [0043]); and a control mechanism 224, including: a distal member (distal member is the distal end of slot (i.e., closed end slot as disclosed in para. [0043])) including a first surface and a second surface; a proximal member (i.e., proximal member is proximal piece as shown in Fig. 5 reproduced below); and a slot 226 defined between the proximal member and the distal member (Fig. 7a), wherein, in the open configuration, a surface of the first jaw is received in the slot and engages the first surface of the distal member (i.e., as disclosed in para. [0043] which engages the first surface at least when the jaws are in their most open position), and in the closed configuration, the surface of the first jaw is outside the slot and engages the second surface of the distal member to inhibit relative movement of the first jaw and the second jaw (i.e., as disclosed in para. [0043] and such that it is in the most closed position), and wherein the first jaw is configured to contact the proximal member of the control mechanism as the end effector transitions from the closed configuration to the open configuration (i.e., see Fig. 5 at least indirectly as it slides).
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Regarding claim 16, Johnson discloses the medical device of claim 15. Johnson also discloses wherein, in the open configuration, the surface of the first jaw does not contact the second surface, and wherein, in the closed configuration, the surface of the first jaw does not contact the first surface (i.e., at least since the pin would be at the opposite end engaging the opposite surface).
Regarding claim 17, Johnson discloses the medical device of claim 15. Johnson also discloses wherein the first jaw of the end effector includes a proximal end (i.e., proximal of 220) and a distal end (i.e., as shown in Fig. 5), wherein the proximal end of the first jaw is oriented at an angle relative to the distal end of the first jaw (i.e., at least in the open configuration as shown in Fig. 5).
Regarding claim 18, Johnson discloses a medical device (Figs. 4a-4b, 5, 7a-7f), comprising: an end effector 212, 214 including a first jaw 212 and a second jaw 214 coupled together (i.e., via 224) configured to move between an open configuration and a closed configuration (para. [0043]), wherein the first jaw includes a proximal end (i.e., proximal of 220) and a distal end (i.e., as shown in Fig. 5), wherein the proximal end of the first jaw is oriented at an angle relative to the distal end of the first jaw (i.e., at least in the open position); and a control mechanism 224, including: distal member (distal member is the distal end of slot (i.e., closed end slot as disclosed in para. [0043])) including a first surface and a second surface; a proximal member (i.e., proximal member is proximal piece as shown in Fig. 5 reproduced below); and a slot 226 defined between the proximal member and the distal member (Fig. 7a) configured to receive the proximal end of the first jaw in the open configuration (i.e., via 216), wherein a proximal surface of the distal member has an angle of less than or equal to 45 degrees with respect to a longitudinal axis of the medical device (Fig. 7a), and wherein the proximal surface of the distal member defines a distal surface of the slot (Fig. 7a).
Regarding claim 19, Johnson discloses the medical device of claim 18. Johnson also discloses wherein the distal member further includes a distal surface (i.e., closed end surface as disclosed in para. [0043]) and a contact surface (i.e., 225 as shown in Fig. 6a and at 7a) extending between the proximal surface and the distal surface (Fig. 7a), and wherein in the closed configuration, a surface of the first jaw is outside the slot and engages the contact surface of the distal member to inhibit relative movement of the first jaw and the second jaw (i.e., at least by contacting the walls of the slit 225).
Regarding claim 20, Johnson discloses the medical device of claim 19. Johnson also discloses wherein the contact surface has an angle of less than or equal to 15 degrees with respect to the longitudinal axis (i.e., Fig. 6a shows an angle of zero).
Claims 1, 9-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by an alternate embodiment of Johnson et al. (US 20050192598 A1).
Regarding claim 1, Johnson discloses a medical device (Figs. 10a-10b), comprising: an end effector 412, 414 including a first jaw 414 and a second jaw 412, wherein the first jaw pivots relative to the second jaw about a pivot axis (i.e., via 402) to transition from an open configuration to a closed configuration of the end effector (i.e., jaw mechanism moves from open to close via pins 402, 420); a control mechanism 410 coupled to the end effector (Fig. 10a); and an actuator (i.e., handle as disclosed in para. [0030]) coupled to the control mechanism (i.e., as disclosed in para. [0030]), wherein movement of the actuator is configured to cause the control mechanism to slide longitudinally relative to the pivot axis between a first state and a second state of the control mechanism (para. [0030]; see also Figs. 10a-10b), wherein the end effector pivots between the open configuration and the closed configuration as the control mechanism slides longitudinally between the first state and the second state (para. [0029]; para. [0047]), and wherein the control mechanism includes a distal member (i.e., distal end of 404 as shown in Fig. 10b), a proximal member (i.e., proximal end of longitudinal slot as shown in Fig. 10b), and a slot 404 between the proximal member and the distal member (Fig. 10b), wherein a proximal surface of the distal member forms a closed distal end of the slot (Fig. 10b).
Regarding claim 9, Johnson discloses the medical device of claim 1. Johnson also discloses wherein the second jaw includes at least one channel 406 along which the control mechanism slides longitudinally (i.e., via 402).
Regarding claim 10, Johnson discloses the medical device of claim 9. Johnson also discloses wherein the at least one channel of the second jaw extends approximately parallel to a longitudinal axis of the second jaw (i.e., 406 is approximately parallel at least in the closed position (see Fig. 10a)).
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 (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.
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.
Claims 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Johnson in view of Hooven (US 20040068274 A1).
Regarding claim 12, Johnson discloses the medical device of claim 1. Johnson doesn’t directly disclose wherein the end effector includes a spring configured to bias the first jaw relative to the second jaw about the pivot axis toward at least one of the open configuration and the closed configuration.
In the same field of endeavor, namely articulated clamping members, Hooven discloses a similar device to Johnson including an end effector 68 (Figs 7A-7B) with first and second jaws 78, 76 that pivot relative to each other and further includes a spring 86 to bias the first jaw 76 relative to the second jaw 78 about the pivot axis toward at least one of the closed configuration (para. [0054]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Johnson to have a spring for purposes of controlling the force exerted on tissue captured between the closed jaws (para. [0054]).
Regarding claim 13, Johnson discloses the medical device of claim 1. Johnson doesn’t directly disclose further comprising a pulley at a proximal end of the end effector, wherein the pulley is configured to contact the control mechanism and to prevent the control mechanism from translating proximally of the pulley.
Hooven discloses a pulley 50 at a proximal end of the end effector (i.e., within the handle thereby being at the proximal end of the end effector), wherein the pulley is configured to contact the control mechanism (para. [0049]) and to prevent the control mechanism from translating proximally of the pulley (i.e., at least by virtue of being within the handle).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Johnson with a pulley for purposes of controlling movement of the control member through the handle and use of the pulley (para. [0049]).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Johnson in view of Lee et al. (US 20060020287 A1)
Regarding claim 14, Johnson discloses the medical device of claim 1. Johnson also discloses further comprising a shaft 22, 20 having a distal end coupled to the end effector (Fig. 1). Johnson doesn’t directly disclose and wherein the actuator extends at least partially through the shaft.
In the same field of endeavor, namely surgical instruments, Lee et al. discloses a similar device to Johnson including an end effector 16, a shaft 12, 14, having a distal end coupled to the end effector (Fig. 1), an actuator 22 that opens and closes the end effector (para. [0045]) and also discloses the actuator extends at least partially through the shaft (i.e., Figs. 5-7 such that parts of the actuator 70, 86 extend at least partially through shaft to engage with the control mechanism)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Johnson to have the actuator at a different position such that it at least partially extends through the shaft for purposes of ergonomic control and comfort (para. [0051]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RACHAEL LYNN GEIGER whose telephone number is (571)272-6196. The examiner can normally be reached Mon-Fri 8:00am-5:00pm EST.
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/RACHAEL L GEIGER/ Examiner, Art Unit 3771
/BROOKE LABRANCHE/ Primary Examiner, Art Unit 3771