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 .
Response to Arguments
Applicant's argument argues in the response filed 05/01/2026 that the claim amendments would overcome the 112 rejections. The 112 rejections have been withdrawn.
The applicant argues neither Worrell nor Huitema disclose or suggest the new claim amendments with respect to the first portion, a second portion, and a third portion, and wherein the shaft has a stepped transition between the second portion and third portion with respect to independent claims 21, 36, and further the step of actuating the actuator to slidably cam the engagement members along the stepped transition with respect to claim 40. Prior art Worrell discloses the three portions, with the stepped transition, and the camming step as supported in at least figure 83a,b, paragraph 589-594. The rejection with respect to Worrell is maintained below.
It is noted that there isn’t any further limitations with respect to the three portions outside of a stepped transition between the second and third portion. Huitema can disclose three portions of a shaft with a general stepped portion between the two portions as supported in at least figures 8, 12, 13. The rejections with respect to claims 21, 36 with respect to Huitema has been maintained below. The rejection with respect to claim 40 of Huitema has been withdrawn.
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.
Claims 21-40 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by U.S. Patent Publication 2015/0320437 to Worrell.
The applied reference has a common inventor with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement.
As to claim 21, Worrell disclose a surgical instrument comprising:
(a) a body assembly (22, figure 1, paragraph 394, usable with articulating assembly 9500, paragraph 589);
(b) a shaft assembly (30) extending distally from the body assembly and defining a longitudinal axis;
(c) an articulation section (130) coupled with the shaft assembly;
(d) an end effector (40) coupled with the articulation section, wherein the end effector has a working element (160) configured to engage tissue; and
(e) an articulation control assembly (9500, paragraph 589) configured to drive articulation of the articulation section to thereby deflect the end effector from the longitudinal axis, wherein the articulation control assembly includes:
(i) a housing (9510) including inwardly presented teeth (9516, 9518),
(ii) a knob (9520, paragraph 589, 590), wherein rotation of the knob relative to the housing causes articulation of the articulation section, and
(iii) a locking feature (9530, paragraph 950) configured to selectively prevent rotation of the knob, wherein the locking feature includes:
a shaft (9534) slidably received in the knob,
an actuator (9532) coupled to the shaft, and
(C) a pair engagement members (9526,9528),
wherein the shaft includes a first portion (9534a), a second portion (9534b), and a third portion (9534c) and wherein the shaft has a stepped transition between the second portion and the third portion (figure 83a); and
wherein each of the pair of engagement members respectively engages the inwardly presented teeth of the housing to prevent inadvertent rotation of the knob unless the actuator is selectively actuated such that the pair of engagement members disengage from the inwardly presented teeth (figure 83a, paragraph 591-593).
As to claim 22, Worrell discloses the locking feature further includes a resilient feature (9536, paragraph 590,592) which biases the shaft in an upward position such that the locking feature is in a locked configuration to prevent inadvertent rotation of the knob.
As to claim 23, Worrell discloses selective actuation of the actuator allows the shaft to overcome the bias of the resilient feature and allows the shaft to move to a downward position such that locking feature is in an unlocked configuration to allow for rotation of the knob (paragraph 593).
As to claim 24, Worrell discloses the shaft further includes:
(i) the first portion is configured to protrude above an upper surface of the knob (figure 83a),
(ii) the second portion is positioned beneath the first portion and has a first diameter (figure 83a), and
(iii) the third portion (9534c) is positioned beneath the second portion and has a second diameter larger than the first diameter (figure 83a).
As to claim 25, Worrell discloses when the locking feature is in the locked configuration, the third portion of the shaft holds the pair of engagement members in engagement with the inwardly presented teeth of the housing to prevent inadvertent rotation of the knob (figure 83a).
As to claim 26, Worrell discloses when the locking feature is in the unlocked configuration, the pair of engagement members are in engagement with the second portion of the shaft such that the pair of engagement members disengage from the inwardly presented teeth to allow for rotation of the knob (figure 83b).
As to claim 27, Worrell discloses each of the pair of engagement members includes an outwardly extending end (9526a, 9528a) and an inwardly extending end (9526b, 9528b).
As to claim 28, Worrell discloses the locking feature further includes a set of resilient members (9538, 9540).
As to claim 29, Worrell discloses when the locking feature is in the locked configuration, the set of resilient members hold the inwardly extending ends of the pair of engagement members in engagement with the third portion of the shaft and the outwardly extending ends of the pair of engagement members in engagement with the inwardly presented teeth of the housing to prevent inadvertent rotation of the knob (figure 83a).
As to claim 30, Worrell discloses, when the locking feature is transitioning from the locked configuration to the unlocked configuration, the inwardly extending ends of the pair of engagement members ride along the third portion of the shaft until the set of resilient members urge the inwardly extending ends of the pair of engagement members into engagement with the second portion of the shaft and urge the outwardly extending ends of the pair of engagement members to disengage from the inwardly presented teeth of the housing to prevent inadvertent rotation of the knob, such that the locking feature is in the unlocked configuration (figure 83a-b, paragraph 593).
As to claim 31, Worrell discloses the shaft assembly further includes an acoustic waveguide (180, paragraph 400).
As to claim 32, Worrell discloses the body assembly is configured to support an ultrasonic transducer (12) operable to generate ultrasonic energy (paragraph 400-402).
As to claim 33, Worrell discloses the acoustic waveguide is configured to acoustically couple with the ultrasonic transducer and communicate the ultrasonic energy distally to the end effector (paragraph 400-402).
As to claim 34, Worrell discloses the working element of the end effector is an ultrasonic blade (160, paragraph 400-402).
As to claim 35, Worrell discloses ultrasonic blade is coupled to the acoustic waveguide and is configured to communicate the ultrasonic energy to tissue (paragraph 400-402).
As to claim 36, Worrell disclose a surgical instrument comprising:
(a) a body assembly (22, figure 1, paragraph 394, usable with articulating assembly 9500, paragraph 589);
(b) a shaft assembly (30) extending distally from the body assembly and defining a longitudinal axis;
(c) an articulation section (130) coupled with the shaft assembly;
(d) an end effector (40) coupled with the articulation section, wherein the end effector has a working element (160) configured to engage tissue; and
(e) an articulation control assembly (9500, paragraph 589) configured to drive articulation of the articulation section to thereby deflect the end effector from the longitudinal axis, wherein the articulation control assembly includes:
(i) a housing (9510) including inwardly presented teeth (9516, 9518),
(ii) a locking feature (9530, paragraph 950) configured to selectively prevent rotation of the articulation section, wherein the locking feature includes:
(A) a shaft (9534) translatable between an upward position within in the housing and a down positioning within the housing (paragraph 592, figure 83a,b),
(B) an actuator (9532) coupled to the shaft, and
(C) a pair engagement members (9526,9528),
wherein the shaft includes a first portion (9534a), a second portion (9534b), and a third portion (9534c) and wherein the shaft has a stepped transition between the second portion and the third portion (figure 83a); and
wherein each of the pair of engagement members respectively engages the inwardly presented teeth of the housing to prevent inadvertent rotation of the articulation section unless the actuator is selectively actuated such that the pair of engagement members disengage from the inwardly presented teeth (figure 83a, paragraph 591-593).
As to claim 37, Worrell discloses the locking feature further includes a resilient feature (9536) which biases the shaft in an upward position such that the locking feature is in a locked configuration to prevent inadvertent articulation of the articulation section (figure 83a, paragraph 590,592). The position the shaft is in as seen in figure 83a can be considered “an upward position”.
As to claim 38, Worrell discloses selective actuation of the actuator allows the shaft to overcome the bias of the resilient feature and allows the shaft to move to a downward position such that locking feature is in an unlocked configuration to allow for articulation of the articulation section.
As to claim 39, Worrell discloses the shaft assembly further includes an acoustic waveguide (180).
As to claim 40, Worrell discloses a method of deflecting an end effector of a surgical instrument, the surgical instrument including: (a) a body assembly (22, figure 1, paragraph 394, usable with articulating assembly 9500, paragraph 589); (b) a shaft assembly (30, figure 1) extending distally from the body assembly and defining a longitudinal axis; (c) an articulation section (130) coupled with the shaft assembly; (d) an end effector (40) coupled with the articulation section, wherein the end effector has a working element (160) configured to engage tissue; and (e) an articulation control assembly (9500, paragraph 589) configured to drive articulation of the articulation section to thereby deflect the end effector from the longitudinal axis, wherein the articulation control assembly includes: (i) a housing (9510) including inwardly presented teeth (9516, 9518), (ii) a knob (9520, paragraph 589, 590), wherein rotation of the knob relative to the housing causes articulation of the articulation section, and (iii) a locking feature (9530, paragraph 950) configured to selectively prevent rotation of the knob, wherein the locking feature includes: (A) a shaft (9534) slidably received in the knob, (B) an actuator (9532) coupled to the shaft, and (C) a pair engagement members (9526,9528), wherein the shaft includes a first portion (9534a), a second portion (9534b), and a third portion (9534c) and wherein the shaft has a stepped transition between the second portion and the third portion (figure 83a), and wherein each of the pair of engagement members respectively engages the inwardly presented teeth of the housing to prevent inadvertent rotation of the knob unless the actuator is selectively actuated such that the pair of engagement members disengage from the inwardly presented teeth (figure 83a, paragraph 591-593), the method comprising:
(a) preventing articulation of the articulation section via the articulation control assembly (figure 83a, paragraph 591, 592, 594); and
(b) selectively actuating the actuator to disengage the pair of engagement members from the inwardly presented teeth and to slidable cam along the stepped transition, thereby deflecting the end effector relative to the longitudinal axis (figure 83b, paragraph 593).
Claims 21, 36, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent 5,704,534 to Huitema.
As to claim 21, Huitema disclose a surgical instrument comprising:
(a) a body assembly (22, figure 1);
(b) a shaft assembly (30) extending distally from the body assembly and defining a longitudinal axis;
(c) an articulation section (32) coupled with the shaft assembly;
(d) an end effector (27) coupled with the articulation section, wherein the end effector has a working element (28,29) configured to engage tissue; and
(e) an articulation control assembly (31, figure 1-3, col. 8 ll. 18-39) configured to drive articulation of the articulation section to thereby deflect the end effector from the longitudinal axis, wherein the articulation control assembly includes:
(i) a housing (65) including inwardly presented teeth (66),
(ii) a knob (37), wherein rotation of the knob relative to the housing causes articulation of the articulation section, and
(iii) a locking feature (38) configured to selectively prevent rotation of the knob, wherein the locking feature includes:
a shaft (“the shaft” defined by 41, 42, 46, 49, 50, 51, 52, 53 as seen best in figure 8) slidably received in the knob (col. 9 ll. 45-58, the knob can slidable receive the deck via the fingers 71)
an actuator (43,44) coupled to the shaft, and
(C) a pair engagement members (45, figure 3, 6),
wherein the shaft includes a first portion (41), a second portion (46), and a third portion (53) and wherein the shaft has a stepped transition between the second portion and the third portion (figure 8)
wherein each of the pair of engagement members respectively engages the inwardly presented teeth of the housing to prevent inadvertent rotation of the knob unless the actuator is selectively actuated such that the pair of engagement members disengage from the inwardly presented teeth (figure 12, col. 10 ll. 13-13).
As to claim 36, Huitema disclose a surgical instrument comprising:
(a) a body assembly (22, figure 1);
(b) a shaft assembly (30) extending distally from the body assembly and defining a longitudinal axis;
(c) an articulation section (32) coupled with the shaft assembly;
(d) an end effector (27) coupled with the articulation section, wherein the end effector has a working element (28,29) configured to engage tissue; and
(e) an articulation control assembly (31, figure 1-3, col. 8 ll. 18-39) configured to drive articulation of the articulation section to thereby deflect the end effector from the longitudinal axis, wherein the articulation control assembly includes:
(i) a housing (65) including inwardly presented teeth (66), and
(ii) a locking feature (38) configured to selectively prevent rotation of the articulation, wherein the locking feature includes:
a shaft (“the shaft” defined by 41, 42, 46, 49, 50, 51, 52, 53 as seen best in figure 8) translatable between an upward position within the housing and a downward position within the housing (figure 12-13),
an actuator (43,44) coupled to the shaft, and
(C) a pair engagement members (45, figure 3, 6),
wherein the shaft includes a first portion (41), a second portion (46), and a third portion (53) and wherein the shaft has a stepped transition between the second portion and the third portion (figure 8);
wherein each of the pair of engagement members respectively engages the inwardly presented teeth of the housing to prevent inadvertent rotation of the knob unless the actuator is selectively actuated such that the pair of engagement members disengage from the inwardly presented teeth (figure 12, col. 10 ll. 13-13).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER J ORKIN whose telephone number is (571)270-7412. The examiner can normally be reached Monday - Friday 9am - 5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Elizabeth Houston can be reached at (571)272-7134. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALEXANDER J ORKIN/Primary Examiner, Art Unit 3771
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