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 .
Election/Restrictions
Applicant’s election without traverse of Group I in the reply filed on 03/17/2026 is acknowledged. Claims 36-40 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group II, there being no allowable generic or linking claim.
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.
Claim(s) 21-25, 28, 29, and 32-35 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rockrohr (US 2018/0028271).
Regarding claim 21, Rockrohr discloses a surgical instrument (10, FIG 1C), comprising: an end effector (20) including a first jaw member (22) and a second jaw member (24), the first jaw member movable relative to the second jaw member between an open position and a closed position to grasp tissue therebetween ([0060] disclose opening and closing the jaw members. [0002 and 0004] discloses grasping tissue with the end effector); and a jaw drive sub-assembly (One of 300, FIG 2-9) configured to transition the end effector between the open position and the closed position ([0060] “Longitudinal translation of drive member 380 is configured to drive a function of end effector 20. For example, distal translation of a particular drive member 380 may be configured to approximate jaw members 22 and/or 24 with respect to the other, and proximal translation of drive member 380 may be configured to move at least one jaw member 22 away from the other jaw member 24, for instance”), the jaw drive sub-assembly including: a drive rod (380) coupled to the first jaw member ([0059] “drive member 380…configured to mechanically engage a portion of surgical instrument 10, e.g., end effector 20”); and a spring force assembly (Elements of 300 shown in FIG 8) releasably coupled to the drive rod (FIGs 8-9, [0056] show 382 of the drive member 380 can engage or disengage with 366), the spring force assembly including: a proximal hub (360 and 340; or in the alternative interpretation, 360) coupled to the drive rod (via 366, [0056], FIG 9); a compression spring (370) coupled to the proximal hub (FIG 9, [0058] “a proximal portion 372 of biasing element 370 is configured for reception at least partially within retention pocket 364 of follower 360”); and a distal hub (350) disposed around a portion of the compression spring ([0053], FIG 9, “Retention pocket 354 includes a larger inner diameter than threaded aperture 352, and is configured to house at least a portion of biasing element 370”) and movable relative to the proximal hub (FIGs 5-7 show movement between 350 and 360, [0065-0066]).
Regarding claim 22, Rockrohr discloses the proximal hub defines an elongated hub stem (340 forms the elongate hub stem) and the compression spring is disposed around the elongated hub stem (FIG 9).
Regarding claim 23, Rockrohr discloses a distal portion of the elongated hub stem includes a wing (distal bearing 330, FIG 9) extending radially outward therefrom (FIG 9) and the distal hub (350) defines a shelf (Distal end of 350, FIG 9) configured to engage the wing to inhibit distal translation of the distal hub beyond the wing, thereby defining a maximum distance between the proximal hub and the distal hub ([0051] “distal bearing 330 may be configured to function as a distal stop for drive nut 350”)..
Regarding claim 24, Rockrohr discloses in the alternative interpretation, the jaw drive sub- assembly includes an input shaft (340) having an elongate threaded body portion (345) threadingly engaged with a threaded bore (352) of the distal hub such that rotation of the input shaft causes longitudinal translation of the distal hub ([0062]).
Regarding claim 25, Rockrohr discloses the proximal hub includes a retainer guide (363) and the distal hub includes a retainer guide (353), each of the retainer guide of the proximal hub and the retainer guide of the distal hub configured to operably couple to a guide bar (206, FIG 12) to inhibit rotation of the distal hub relative to the proximal hub ([0054-0055]).
Regarding claim 28, Rockrohr discloses a gearbox assembly (200, FIG 1C-4) for use with a surgical instrument (10), the gearbox assembly comprising: an articulation sub-assembly (Two of 300) configured to articulate an end effector (20, [0060] discloses one of 300 is arranged to cause articulation of the end effector in one direction and another is used to articulate in the opposite direction); and a jaw drive sub-assembly (One of 300, FIG 2-9) configured to actuate the end effector ([0060] “Longitudinal translation of drive member 380 is configured to drive a function of end effector 20. For example, distal translation of a particular drive member 380 may be configured to approximate jaw members 22 and/or 24 with respect to the other, and proximal translation of drive member 380 may be configured to move at least one jaw member 22 away from the other jaw member 24, for instance”), the jaw drive sub-assembly including: a drive rod (380) coupled to the end effector ([0059] “drive member 380…configured to mechanically engage a portion of surgical instrument 10, e.g., end effector 20”); and a spring force assembly (Elements of 300 shown in FIG 8) releasably coupled to the drive rod (FIGs 8-9, [0056] show 382 of the drive member 380 can engage or disengage with 366), the spring force assembly including: a proximal hub (360 and 340; or in the alternative interpretation, 360) coupled to the drive rod (via 366, [0056], FIG 9); a compression spring (370) coupled to the proximal hub (FIG 9, [0058] “a proximal portion 372 of biasing element 370 is configured for reception at least partially within retention pocket 364 of follower 360”); and a distal hub (350) disposed around a portion of the compression spring ([0053], FIG 9, “Retention pocket 354 includes a larger inner diameter than threaded aperture 352, and is configured to house at least a portion of biasing element 370”) and movable relative to the proximal hub (FIGs 5-7 show movement between 350 and 360, [0065-0066]).
Regarding claim 29, Rockrohr discloses the articulation sub-assembly includes: a first lead screw (a first of 340) including an elongate threaded body portion (345); a first nut (350) threadingly engaged with the elongate threaded body portion of the first lead screw (FIG 9) such that rotation of the first lead screw effects longitudinal translation of the first nut ([0062]); a second lead screw (a second of 340) including an elongate threaded body portion (342); a second nut (350) threadingly engaged with the elongate threaded body portion of the second lead screw such that rotation of the second lead screw effects longitudinal translation of the second nut (FIG 9, [0062]); and articulation cables (the corresponding two of 380) including respective distal ends coupled to the end effector ([0059-0060]) and respective proximal ends coupled to one of the first nut or the second nut (In the engaged state of FIG 6, movement of 380 is constrained to 350, [0066], therefore they are interpreted as being coupled) such that longitudinal translation of the first nut and the second nut causes articulation of the end effector ([0066-0067]).
Regarding claim 32, Rockrohr discloses the proximal hub defines an elongated hub stem (340 forms the elongate hub stem) and the compression spring is disposed around the elongated hub stem (FIG 9).
Regarding claim 33, Rockrohr discloses a distal portion of the elongated hub stem includes a wing (distal bearing 330, FIG 9) extending radially outward therefrom (FIG 9) and the distal hub (350) defines a shelf (Distal end of 350, FIG 9) configured to engage the wing to inhibit distal translation of the distal hub beyond the wing, thereby defining a maximum distance between the proximal hub and the distal hub ([0051] “distal bearing 330 may be configured to function as a distal stop for drive nut 350”)..
Regarding claim 34, Rockrohr discloses in the alternative interpretation, the jaw drive sub- assembly includes an input shaft (340) having an elongate threaded body portion (345) threadingly engaged with a threaded bore (352) of the distal hub such that rotation of the input shaft causes longitudinal translation of the distal hub ([0062]).
Regarding claim 35, Rockrohr discloses the proximal hub includes a retainer guide (363) and the distal hub includes a retainer guide (353), each of the retainer guide of the proximal hub and the retainer guide of the distal hub configured to operably couple to a guide bar (206, FIG 12) to inhibit rotation of the distal hub relative to the proximal hub ([0054-0055]).
Additional relevant prior art
Kopp (US 2018/0008338) teaches a drive rod (122), a proximal hub (142), a spring (143), a distal hub (144), and an end effector (200) as recited in claim 21.
Allowable Subject Matter
Claims 26, 27, 30, and 31 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Regarding claims 26 and 31, the prior art of record fails to teach or render obvious a lock plate slidingly coupled to the proximal hub and configured to releasably lock the drive rod to the proximal hub.
Regarding claim 30, the prior art of record fails to teach or render obvious the articulation sub-assembly includes: a middle plate including a middle plate stem extending proximally therefrom; a proximal center gear operably coupled to the middle plate stem and including a proximal gear portion and a distal gear portion, the distal gear portion of the proximal center gear in meshed engagement with the first lead screw; and a distal center gear operably coupled to the middle plate stem and including a proximal gear portion and a distal gear portion, the distal gear portion of the distal center gear in meshed engagement with the second lead screw and the proximal gear portion of the distal center gear aligned with the first lead screw.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BROOKE N LABRANCHE whose telephone number is (571)272-9775. The examiner can normally be reached M-F 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Elizabeth Houston can be reached at 5712727134. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BROOKE LABRANCHE/Primary Examiner, Art Unit 3771
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