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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claim 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-20 of U.S. Patent No. 10,973,567. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of U.S. Patent No. 10,973,567 anticipate the claims of the application. Accordingly, the application claims are not patentably distinct from the patent claims. Here, the more specific patent claims encompass the broader application claims. Following the rationale in In re Goodman cited in the preceding paragraph, where applicant has once been granted a patent containing a claim for the specific narrow invention, applicant may not obtain a second patent with a claim for the generic or broader invention without first submitting an appropriate terminal disclaimer. .
18/913,410
US 10,973,567
1. An electrosurgical instrument comprising: a first shaft member comprising a first jaw member and a second shaft member comprising a second jaw member; a pivot member pivotably coupling the first shaft member and the second shaft member to one another such that pivoting of the first shaft member and the second shaft member relative to one another between spaced-apart and approximated positions pivots the first jaw member and second jaw member relative to one another between open and closed positions; a knife selectively translatable through the first shaft member from a retracted position to an extended position in which the knife extends at least partially between the first jaw member and the second jaw member; and a knife lockout including a cantilever arm biased towards a locked position inhibiting distal translation of the knife, the cantilever arm movable upon approximation of the first jaw member and the second jaw member from the locked position to an unlocked position to permit distal translation of the knife, the knife lockout including a finger extending from the cantilever arm, the finger defining a nook including a proximal wall and a distal wall, wherein, in the locked position of the cantilever arm, a pivot pin of the knife is received between the proximal wall and the distal wall of the nook to prevent distal translation of the knife.
1. An electrosurgical forceps, comprising: first and second shaft members each including an inner frame, a jaw member secured to and extending distally from the inner frame, and an outer housing surrounding a portion of the inner frame, the jaw member of the first shaft member including a jaw support engaged with the inner frame of the first shaft member; an insulative housing surrounding a portion of the jaw support and extending proximally about a portion of the inner frame of the first shaft member; a pivot member pivotably coupling the inner frames of the first and second shaft members to one another such that pivoting of the first and second shaft members relative to one another between spaced-apart and approximated positions pivots the jaw members relative to one another between open and closed positions; a knife selectively translatable through the first shaft member from a retracted position to an extended position wherein the knife extends at least partially between the jaw members; a knife deployment mechanism operably coupled to the first shaft member, the knife deployment mechanism including at least one trigger and at least one linkage coupling the at least one trigger with the knife such that pivoting of the at least one trigger relative to the first shaft member translates the knife between the retracted and extended positions; and a knife lockout including a cantilever arm biased towards a locked position inhibiting distal translation of the knife, the cantilever arm movable upon approximation of the jaw members from the locked position to an unlocked position to permit distal translation of the knife, the knife lockout including a finger extending from the cantilever arm, the finger defining a nook including a proximal wall and a distal wall, wherein, in the locked position of the cantilever arm, a pivot pin of the knife is received between the proximal wall and the distal wall of the nook to prevent distal translation of the knife.
2. The electrosurgical instrument according to claim 1, wherein the knife lockout further includes a body and a finger, the body forming a portion of an outer housing of the first shaft member, the cantilever arm extending from the body within the outer housing of the first shaft member, and the finger extending from the cantilever arm externally of the outer housing of the first shaft member towards the second shaft member, wherein, in the approximated positions of the first shaft member and the second shaft member, the outer housing of the second shaft member is configured to contact the finger and urge the cantilever arm to the unlocked position permitting distal translation of the knife.
2. The electrosurgical forceps according to claim 1, wherein the knife lockout further includes a body, the body forming a portion of the outer housing of the first shaft member, the cantilever arm extending from the body within the outer housing of the first shaft member, and the finger extending from the cantilever arm externally of the outer housing of the first shaft member towards the second shaft member, wherein, in the approximated position of the first and second shaft members, the outer housing of the second shaft member is configured to contact the finger and urge the cantilever arm to the unlocked position permitting distal translation of the knife.
3. The electrosurgical instrument according to claim 2, wherein the cantilever arm, the body, and the finger of the knife lockout are a single, monolithic component.
3. The electro surgical forceps according to claim 2, wherein the cantilever arm, the body, and the finger of the knife lockout are a single, monolithic component.
6. The electrosurgical instrument according to claim 1, wherein the first shaft member includes an inner frame that includes a body plate, a reinforcing plate secured to the body plate, and a channel defined between the body plate and a reinforcing plate, and wherein the knife is slidably disposed within the channel.
5. The electro surgical forceps according to claim 1, wherein the inner frame of the first shaft member includes a body plate, a reinforcing plate secured to the body plate, and a channel defined between the body plate and a reinforcing plate, and wherein the knife is slidably disposed within the channel.
7. The electrosurgical instrument according to claim 1, further comprising a knife deployment mechanism operably coupled to the first shaft member, the knife deployment mechanism including a trigger such that pivoting of the trigger relative to the first shaft member translates the knife between the retracted and extended positions, the knife deployment mechanism comprising a first linkage and a second linkage, the first linkage including at least one boss at a first end portion thereof, the at least one boss engaging the trigger with the first linkage, the first linkage pivotably coupled to a first end portion of the second linkage at a second end portion of the first linkage, the second linkage pivotably coupled to the knife at a second end portion of the second linkage.
6. The electrosurgical forceps according to claim 1, wherein the at least one linkage of the knife deployment mechanism includes a first linkage and a second linkage, the first linkage including at least one boss at a first end portion thereof, the at least one boss engaging the at least one trigger with the first linkage, the first linkage pivotably coupled to a first end portion of the second linkage at a second end portion of the first linkage, the second linkage pivotably coupled to the knife at a second end portion of the second linkage.
8. The electrosurgical instrument according to claim 7, wherein the cantilever arm of the knife lockout is disposed on a same side of an inner frame of the first shaft member as the first linkage.
9. The electrosurgical forceps according to claim 8, wherein the cantilever arm of the knife lockout is disposed on a same side of the inner frame of the first shaft member as the first linkage.
9. The electrosurgical instrument according to claim 1, wherein the first shaft member and the second shaft member each further include a handle engaged with a support plate, each support plate secured within an outer housing of the respective shaft member.
10. The electrosurgical forceps according to claim 1, wherein the first and second shaft members each further include a handle engaged with a support plate, each support plate secured within the outer housing of the respective shaft member.
10. The electrosurgical instrument according to claim 9, wherein a biasing member is operably coupled between the support plate of the first shaft member and a knife deployment mechanism to bias the knife towards the retracted position.
11. The electrosurgical forceps according to claim 10, wherein a biasing member is operably coupled between the support plate of the first shaft member and the knife deployment mechanism to bias the knife towards the retracted position.
11. The electrosurgical instrument according to claim 1, further comprising: a first lead wire and a second lead wire extending through the second shaft member, the first lead wire and second lead wire electrically coupled to the first jaw member and the second jaw member, respectively; an electrosurgical cable coupled to the second shaft member and adapted to connect to a source of electrosurgical energy; and a switch assembly disposed on the second shaft member, the switch assembly including an activation button and electrically coupling the first and second lead wires, the electrosurgical cable, and the activation button with one another such that actuation of the activation button supplies electrosurgical energy to the first jaw member and the second jaw member.
12. The electrosurgical forceps according to claim 1, further comprising: first and second lead wires extending through the second shaft member, the first and second lead wires electrically coupled to the first and second jaw members, respectively; an electrosurgical cable coupled to the second shaft member and adapted to connect to a source of electrosurgical energy; and a switch assembly disposed on the second shaft member, the switch assembly including an activation button and electrically coupling the first and second lead wires, the electrosurgical cable, and the activation button with one another such that actuation of the activation button supplies electrosurgical energy to the first and second jaw members.
12. The electrosurgical instrument according to claim 11, wherein in the approximated position of the first shaft member and the second shaft member, the first shaft member is configured to actuate the activation button.
13. The electrosurgical forceps according to claim 12, wherein in the approximated position of the first and second shaft members, the first shaft member is configured to actuate the activation button.
13. The electrosurgical instrument according to claim 11, wherein the switch assembly further includes a PCB having the activation button mounted on a central portion thereof, the electrosurgical cable electrically coupled to a first end portion thereof, and the first and second lead wires electrically coupled to a second end portion thereof, and the switch assembly further includes circuit traces defined on the PCB and electrically coupling the electrosurgical cable, the activation button, and the first and second lead wires with one another.
14. The electrosurgical forceps according to claim 12, wherein the switch assembly further includes a PCB having the activation button mounted on a central portion thereof, the electrosurgical cable electrically coupled to a first end portion thereof, and the first and second lead wires electrically coupled to a second end portion thereof, and the switch assembly further includes circuit traces defined on the PCB and electrically coupling the electrosurgical cable, the activation button, and the first and second lead wires with one another.
14. The electrosurgical instrument according to claim 13, wherein the switch assembly further includes at least one quick-connect receptacle disposed on the PCB at the second end portion thereof, the at least one quick-connect receptacle configured to facilitate electrical coupling of the first and second lead wires with the PCB.
15. The electrosurgical forceps according to claim 14, wherein the switch assembly further includes at least one quick-connect receptacle disposed on the PCB at the second end portion thereof, the at least one quick-connect receptacle configured to facilitate electrical coupling of the first and second lead wires with the PCB.
15. The electrosurgical instrument according to claim 1, wherein the first jaw member comprises an electrically conductive tissue-contacting plate.
16. The electrosurgical forceps according to claim 1, wherein an electrically-conductive tissue-contacting plate is disposed on the jaw support and partially surrounded by the insulative housing.
16. The electrosurgical instrument according to claim 15, wherein the first jaw member includes a jaw support secured to an inner frame of the first shaft member and wherein insulative housing extending proximally about a portion of the inner frame of the first shaft member is overmolded about the jaw support and the portion of the inner frame of the first shaft member.
17. The electrosurgical forceps according to claim 16, wherein the jaw support is secured to the inner frame of the first shaft member and wherein the insulative housing is overmolded about the jaw support and the portion of the inner frame of the first shaft member
17. The electrosurgical instrument according to claim 16, wherein a proximally extending portion of the jaw support overlaps the inner frame of the first shaft member and defines a roof configured to receive a distal cutting portion of the knife in the retracted position of the knife.
18. The electrosurgical forceps according to claim 16, wherein a proximally-extending portion of the jaw support overlaps the inner frame of the first shaft member and defines a roof configured to receive a distal cutting portion of the knife in the retracted position of the knife
18. The electrosurgical instrument according to claim 1, wherein the knife extends through a slot defined in the pivot member, and wherein the knife includes a stop shoulder inhibited from passing through the slot in the pivot member, the stop shoulder configured to abut the pivot member to define a distal-most position of the knife.
19. The electrosurgical forceps according to claim 1, wherein the knife extends through a slot defined in the pivot member, and wherein the knife includes a stop shoulder inhibited from passing through the slot in the pivot member, the stop shoulder configured to abut the pivot member to define a distal-most position of the knife.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIGIST S DEMIE whose telephone number is (571)270-5345. The examiner can normally be reached Monday-Friday 8am-5Pm.
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/TIGIST S DEMIE/Primary Examiner, Art Unit 3794
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