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 § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 36-39 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. New claim 36, as amended in the preliminary amendment filed 10/04/2024, is directed to a locking feature with “a horizontally translatable shaft”. The scope of the locking feature seems to be the embodiment of figure 18-19b, paragraphs 105-110 based on the pair of engagement members engaging with the inwardly presented teeth. The shaft of the locking feature in figures 18-19b, paragraphs 105-110 seems to move up and down, not horizontally, or what would be known to be horizontally. The axis that can define “horizontally” does not seem to be defined or known. Therefore the claim is considered to be new matter since there is no support to define the scope of “a shaft horizontally translatable within the housing”. The dependent claims 37-39 inherit the deficiencies of claim 36. The interpretations of the “horizontal” limitation will be broadly based, based on the lack of support, as argued in the rejections below.
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 37, 38 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 37 recites the limitation "a resilient feature biases the shaft in an upward position" in lines 2 and claim 38 recites the limitation “…allows the shaft to move to a downward position. However, claim 37 and 38 are ultimately dependent off of claim 36 which claims the shaft is horizontally translatable. It is unclear how a shaft which moves horizontally can be biased/moved into an upward position and a downward position. For examination purposes, the limitations will be interpreted to be “the upward position” is one position within the “horizontal movement” of the shaft and “the downward position is another opposite position of the shaft.
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 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) a first portion (9534a, figure 83a) configured to protrude above an upper surface of the knob,
(ii) a second portion (9534b, figure 83a ) positioned beneath the first portion and having a first diameter, and
(iii) a third portion (9534c) positioned beneath the second portion and having a second diameter larger than the first diameter.
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) horizontally translatable within in the housing (without further spatial designations or orientations, the movement of the shaft can be considered to be “horizontally”, i.e. if the device if held at an angle, the movement of the shaft can be horizontal),
(B) an actuator (9532) coupled to the shaft, and
(C) a pair engagement members (9526,9528),
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 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 thereby deflecting the end effector relative to the longitudinal axis (figure 83b, paragraph 593).
Claims 21, 36, 40 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 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 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 as seen best in figure 8) horizontally translatable within the housing (figure 12-13, col. 10 ll. 30-38, parts of the shaft move towards each other which can be interpreted in a horizontal direction)
an actuator (43,44) coupled to the shaft, and
(C) a pair engagement members (45, figure 3, 6),
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 40, Huitema disclose a method of deflecting an end effector of a surgical instrument, 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: (B) a shaft (“the shaft” defined by 41, 42, 46, 49, 50, 51, 52 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) (B) an actuator (43,44) coupled to the shaft, and (C) a pair engagement members (45, figure 3, 6), 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) the method comprising:
(a) preventing articulation of the articulation section via the articulation control assembly (figure 12, col. 10 ll. 13-22); and
(b) selectively actuating the actuator to disengage the pair of engagement members from the inwardly presented teeth thereby deflecting the end effector relative to the longitudinal axis (figure 13, 14, col. 10 ll. 23-63).
Conclusion
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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/ALEXANDER J ORKIN/Primary Examiner, Art Unit 3771