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 § 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 1-4, 6-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shelton, IV et al. (US 2018/0353179 A1).
Regarding claim 1, Shelton discloses a medical device (Figs. 122-123), comprising: an end effector 1000 having a ball bearing (i.e., mounting ball as disclosed in para. [0361]) coupled thereto; an actuator 2430; and a pivot arm (i.e., proximal member of drive 2410) pivotally coupled to the end effector (para. [0361]; Figs. 121-123), wherein the actuator is configured to pivot the end effector relative to the pivot arm (para. [0361]), and wherein the pivot arm includes at least one detent 2389, 2399; wherein, in a first configuration of the end effector, the ball bearing engages a first detent of the at least one detent to lock the end effector at a first angle relative to the pivot arm (para. [0361]).
Regarding claim 2, Shelton discloses the medical device of claim 1. Shelton also discloses further comprising a biasing member coupled to the end effector, wherein the biasing member is configured to bias the ball bearing against the first detent in the first configuration (para. [0361] discloses the friction between the locking detents and the outer perimeter of the mounting ball serves to retain the drive in position… and also discloses locking dimples).
Regarding claim 3, Shelton discloses the medical device of claim 2. Shelton also discloses the biasing member extends from a proximal end of a housing (i.e., proximal end of end effector) coupled to the end effector (para. [0361]).
Regarding claim 4, Shelton discloses the medical device of claim 2. Shelton also discloses wherein, in a second configuration of the end effector, the ball bearing engages a second detent of the at least one detent to lock the end effector at a second angle relative to the pivot arm, wherein the second angle differs from the first angle (para. [0360] discloses a plurality of locking flaps and locking detents to establish a desired amount of locking friction to retain the articulation ball in a position such that each flap would be a separate position).
Regarding claim 6, Shelton discloses the medical device of claim 4. Shelton also discloses wherein, in the first configuration and in the second configuration, the end effector is in a closed configuration (i.e., at least since the first and second configurations are the articulated and unarticulated configurations (para. [0360]-[0361]).
Regarding claim 7, Shelton discloses the medical device of claim 1. Shelton also discloses wherein the at least one detent on a distal end of the pivot arm (para. [0360]-[0361]).
Regarding claim 8, Shelton discloses the medical device of claim 1. Shelton also discloses wherein the at least one detent includes at least three detents (i.e., Shelton directly discloses flaps with two detents such that two flaps would include four detents, Shelton further discloses locking dimples which under BRI could be interpreted as detents (see paras. [0360]-[0361]).
Claims 1-2, 4-5, 9-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Scott et al. (US 2019/0192158 A1).
Regarding claim 1, Scott discloses a medical device (Figs. 73-76), comprising: an end effector 1100 having a ball bearing (i.e., 2030, 2032 as disclosed in para. [0455]) coupled thereto; an actuator (i.e., actuator which moves 1710’ as disclosed in para. [0455]); and a pivot arm (i.e., 1500) pivotally coupled to the end effector (para. [0455]; Figs. 73-76), wherein the actuator is configured to pivot the end effector relative to the pivot arm (para. [0455]), and wherein the pivot arm includes at least one detent (i.e., locking surface 1263); wherein, in a first configuration of the end effector, the ball bearing engages a first detent of the at least one detent to lock the end effector at a first angle relative to the pivot arm (para. [0455]).
Regarding claim 2, Scott discloses the medical device of claim 1. Scott also discloses further comprising a biasing member (i.e., springs) coupled to the end effector (para. [0455]), wherein the biasing member is configured to bias the ball bearing against the first detent in the first configuration (para. [0455]).
Regarding claim 4, Scott discloses the medical device of claim 2. Scott also discloses wherein, in a second configuration of the end effector, the ball bearing engages a second detent of the at least one detent to lock the end effector at a second angle relative to the pivot arm, wherein the second angle differs from the first angle (para. [0455] discloses angles AA of the amount of articulation and a proximal locking surface 1541 such that the angle can change and be locked).
Regarding claim 5, Scott discloses the medical device of claim 4. Scott also discloses wherein, to transition the end effector from the first configuration to the second configuration, the biasing member compresses to permit the ball bearing to move from the first detent to the second detent (para. [0455]).
Regarding claim 9, Scott discloses a medical device (Figs. 73-76), comprising: an end effector 1100; a pivot arm 1500 pivotally coupled to the end effector (Figs. 73-76); and a locking mechanism (i.e., as disclosed in para. [0455]), wherein the locking mechanism includes: a spring (para. [0455] discloses a spring); and a member (i.e., locking balls 2030, 2032), wherein the spring biases the member to engage with a detent (i.e., locking surfaces) in order to inhibit the end effector from pivoting with respect to the pivot arm in a locked configuration of the medical device (para. [0455]).
Regarding claim 10, Scott discloses the medical device of claim 9. Scott also discloses wherein the locked configuration of the end effector is a first locked configuration, wherein the detent is a first detent, and wherein the spring biases the member to engage with a second detent (i.e., proximal locking surface) in order to inhibit the end effector from pivoting with respect to the pivot arm in a second locked configuration (para. [0455]).
Regarding claim 11, Scott discloses the medical device of claim 10. Scott also discloses wherein, in the first locked configuration, the end effector has a first angle with respect to the pivot arm, and wherein, in the second locked configuration, the end effector has a second angle with respect to the pivot arm, wherein the first angle differs from the second angle (i.e., as shown in Figs. 75-76).
Regarding claim 12, Scott discloses the medical device of claim 9, wherein the member is a ball bearing (para. [0455]).
Regarding claim 13, Scott discloses the medical device of claim 9. Scott also discloses further comprising an actuator (i.e., as disclosed in para. [0455]) configured to exert a force on the end effector (i.e., pull/push), wherein the detent is a first detent of a plurality of detents positioned on an end of the pivot arm (Figs. 75-76), and wherein the force causes a portion of the pivot arm between first detent and an adjacent second detent of the plurality of detents to interact with the member to compress the spring and disengage the member from the first detent to transition from the locked configuration to an unlocked configuration (para. [0455]; Figs. 75-76).
Regarding claim 14, Scott discloses the medical device of claim 9. Scott also discloses wherein the spring extends from a proximal end of a housing coupled to the end effector (para. [0455]).
Regarding claim 15, Scott discloses a medical device (Figs. 73-76), comprising: an end effector 1100; a pivot arm 1500 pivotally coupled to the end effector (Figs. 73-76); and a locking mechanism (i.e., as disclosed in para. [0455]) including: a biasing member (springs as disclosed in para. [0455]); a ball bearing 2030, 2032; and at least one detent on the pivot arm (Figs. 73-76; para. [0455])), wherein the biasing member is configured to bias the ball bearing against a first detent of the at least one detent to inhibit the end effector from pivoting with respect to the pivot arm in a first configuration of the medical device (para. [0455]).
Regarding claim 16, Scott discloses the medical device of claim 15. Scott also discloses wherein the at least one detent includes a plurality of detents are configured to retain the end effector at a plurality of different angles with respect to the pivot arm and to inhibit the end effector from pivoting with respect to the pivot arm (Figs. 75-76; para. [0455]).
Regarding claim 17, Scott discloses the medical device of claim 15. Scott also discloses wherein the biasing member is a spring (para. [0455]).
Regarding claim 18, Scott discloses the medical device of claim 15. Scott also discloses the biasing member extends from a proximal end of a housing coupled to the end effector (para. [0455]; Figs. 73-76).
Regarding claim 19, Scott discloses the medical device of claim 15. Scott also discloses wherein, the first configuration is a locked configuration, and wherein, to transition the end effector from the locked configuration to an unlocked configuration, the biasing member compresses to permit the ball bearing to move from the first detent (para. [0455]).
Regarding claim 20, Scott discloses the medical device of claim 15. Scott also discloses wherein the at least one detent includes at least two detents (Figs. 74-76).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RACHAEL LYNN GEIGER whose telephone number is (571)272-6196. The examiner can normally be reached Mon-Fri 8:00am-5:00pm EST.
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/RACHAEL L GEIGER/ Examiner, Art Unit 3771
/BROOKE LABRANCHE/ Primary Examiner, Art Unit 3771
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