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 Amendment
This action is in response to the preliminary amendment filed on 11/4/2024. In the amendment, claims 1-8 were cancelled and claims 9-29 have been added.
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 9 & 17-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Worrell et al. (US Pub. No. 2015/0320437 A1).
Regarding claim 9, Worrell et al. disclose a surgical instrument (Figs. 34A-37), comprising: a shaft 1211 (Fig. 2) comprising an articulation section (seen in Figs. 34A-B); an ultrasonic waveguide 1230 (Figs. 34A-B) operably coupled the shaft 1211 wherein the ultrasonic waveguide 1230 is configured to articulate at the articulation section (via articulating portion of waveguide 1230 - Figs. 34A-B); an end effector 1214 comprising a clamp arm 1212 (Figs. 36 & 37) located distal of the articulation section (coupling arms 1213 of clamp arm 1212 shown in Figs. 34A-B, which are distal to the articulation section) and pivotally coupled to the ultrasonic waveguide 1230; and one or more assemblies, each of the one or more assemblies comprising at least one rack 1207, 1209 (Figs. 34A-B) and at least one ring 1220 (Figs. 34A-B) operably coupled to the at least one rack 1207, 1209, wherein the one or more assemblies being configured such that movement of the rack 1207, 1209 causes movement of the ring 1220, wherein movement of the ring 220 causes closure of the clamp arm 1212 (Figs. 34A-B; paragraphs [0491]-[0492]).
Regarding claim 17, Worrell et al. further disclose wherein the one or more assemblies comprises a first assembly comprising a first rack 1207 or 1209 and a first ring 1220 operably coupled to the first rack 1207 or 1209 (Figs. 34A-37; paragraphs [0491]-[0492]), wherein the first rack 1207 or 1209 is configured to move in a first direction to thereby cause the clamp arm 1212 to move from an open position to a closed position (paragraphs [0491]-[0492]).
Regarding claim 18, Worrell et al. further disclose wherein the first rack 1207 or 1209 is configured to move in a second direction that is opposite of the first direction to thereby cause the clamp arm 1212 to move from the closed position to the open position (paragraphs [0491]-[0492]; the racks 1207 or 1209 move both forward and backward to achieve opening or closing of the clamp arm).
Regarding claim 19, Worrell et al. further disclose a clamp arm closure rod 1206, 1208 (Figs. 34A-B) operably coupled to the first ring 1220 (via racks 1207 or 1209), wherein in response to movement of the first rack 1207 or 1209 in one direction, the first ring 1220 is configured to move the clamp arm closure rod 1206, 1208 in a first direction to move the clamp arm 1212 from the open position to the closed position and in response to movement of the first rack 1207 or 1209 in another, opposing direction, the first ring 1220 is configured to move the clamp arm closure rod 1206, 1208 in a second direction to thereby move the clamp arm 1212 from the closed position to the open position (paragraphs [0491]-[0492]).
Allowable Subject Matter
Claims 10-16 & 20-29 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 claim 10, the closest prior art is found to be Stulen et al. (US Pub. No. 2015/0080924 A1) which utilizes a single rack 230 and single ring 220 (attached to both articulating rods 140, 142) to control articulation. Therefore, the prior art fails to disclose, teach, or suggest a second rack and a second ring of claim 10 as part of the first assembly to work with the first rack and first ring to cause articulation of the end effector; Regarding claim 20, Worrell et al. fail to further disclose, teach, or suggest wherein the one or more assemblies further comprises a closure tube that is operably coupled to the first ring and to the clamp arm closure rod; Regarding claim 21, Worrell et al. fail to further disclose, teach, or suggest a clamp arm closure rotary input operably coupled to the first rack such that rotational movement of the clamp arm closure rotary input causes translational movement of the first rack; Regarding claim 22, the closest art for clamp arm rotation about the ultrasonic waveguide via a first rack and ring assembly is Hunter et al. (US Pub. No. 2021/0059707 A1), however, it does not qualify as prior art. Similar to claim 22, claims 27 and 29 require the assembly (rack and ring) for clamp arm rotation in in addition to other rack and ring assemblies that perform additional functions such as articulation of the end effector and opening/closing of the clamp arm. There is no prior art that has these combinations.
Additional prior art of relevance is Parihar et al. (US Pub. No. 2014/0276723 A1) which fails to disclose, teach or suggest an ultrasonic waveguide that articulates at the articulation section.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ASHLEY LAUREN FISHBACK whose telephone number is (571)270-7899. The examiner can normally be reached M-F 7:30a-3:30p.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Darwin Erezo can be reached at (571) 272-4695. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ASHLEY LAUREN FISHBACK
Primary Examiner
Art Unit 3771
/ASHLEY L FISHBACK/Primary Examiner, Art Unit 3771 March 20, 2026