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 .
DETAILED ACTION
This action is in response to applicant amendment received on 05/21/2026:
Amendments of Claims 20, 27 and 34 are acknowledged.
Amendment to the Specification is acknowledged.
Replacement sheets for Figures are acknowledged.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 20 to 39 are rejected under 35 U.S.C. 103 as being unpatentable over Shelton (US 20140001235) in view of Leimbach (US 2015/0272575).
Regarding Claims 20 to 25:
Shelton discloses a surgical device (Figure 1, robotic system 10), comprising:
a mounting interface removably attachable to an electromechanical arm of a surgical robotic system (Figures 2 distal ends of set-up joints 32 will be considered the mounting interface and it is considered that it is removably attached);
a tool driver coupled to the mounting interface, the tool driver comprising a motor, the tool driver including a channel formed in a side of the tool driver, the channel being configured to receive an elongate shaft (Figures 2 and 3, robotic manipulators 34 will be considered the tool driver, comprising motors 56, having a channel not numbered on the distal side where distal end of surgical tools 30 are received; Figure 5, elongate shaft assembly 200 and tool mounting portion 300 will be considered the elongate shaft elongate shaft assembly 200 and tool mounting portion 300 will be considered the elongate shaft);
an end effector coupled to a distal end of the elongate shaft and movable from a first configuration toward a second configuration (Figure 5 shows end effector 1000 on an open position and Figure 51 shows the closed position), wherein the motor is configured to drive movement of the end effector toward the second configuration (Figure 11, Paragraph 0240, gear 372 is driven by a rotatable body 320, that itself is driven by a motor 56, to drive open and close the end effector, Paragraph 0240, Rotation of the second rotation drive gear 372 in response to rotary output motions generated by the robotic system 10 ultimately results in the rotation of the proximal drive shaft segment 380 and other drive shaft components coupled thereto, drive shaft assembly 388, about the longitudinal tool axis LT-LT);
a manual actuator disposed on the elongate shaft and coupled to the end effector, wherein the manual actuator is actuatable by a user to manually retract the end effector toward the first configuration (Paragraph 0243-0245, Figure 11, actuator handle portion 426 will be considered the manual actuator, handle 426 is configured for repeated actuation for as many times as are necessary to fully release the firing member 1200 and the end effector 1000);
and a housing coupled to a proximal end of the elongate shaft and releasably coupled to the tool driver (Figures 2, 3 and 5, not numbered cover of tool mounting portion 300 will be considered the housing).
Shelton does not disclose the housing comprising a user interface configured to display instructions for operating the manual actuator or a control interface for receiving a user input.
Leimbach teaches a similar surgical device, also comprising a manual actuator coupled to the end effector to manually retract the end effector and a housing coupled to the tool driver, the housing comprising a user interface configured to display instructions for operating the manual actuator (Figure 49, Paragraph 0293, the processor 2242 may employ the display 2250, mounted on housing 2210, to alert, guide, and/or provide feedback to a user of the surgical instrument 2200 with regard to performing a manual bailout of the surgical instrument 2200 using the bailout assembly 2228), the control circuit is configured to: detect a failure related to operation of the surgical device; and cause the screen to display the instructions based on detecting the failure (Paragraph 0295, the module 2252 may comprise one or more decision-making steps such as, for example, a decision-making step 2254 with regard to the detection of one or more errors requiring the manual bailout of the surgical instrument 2200), the control circuit is configured to: determine a current operational status of the manual actuator; and cause the screen to display the instructions based on determining the current operational status (Paragraph 0296, the processor 2242 may be configured to detect a bailout error in response to the occurrence of one or more intervening events during the normal operation of the surgical instrument 2200, for example. In certain instances, the processor 2242 may be configured to detect a bailout error when one or more bailout error signals are received by the processor 2242, Figure 52 shows specific instructions 2260 to 2264 to be displayed), wherein the user interface further comprises a control interface for receiving a user input and the control circuit is configured to cause the screen to display a request for the user input; and cause the screen to display an indicator based on receiving the user input (Paragraph 0305, the display 2250 may comprise a capacitive screen which may provide the user with an interface to alert the processor 2242 when a step is completed, for example, the user may press the capacitive screen to move to the next step of the manual bailout instructions after a current step is completed).
Therefore, it would have been obvious to a person having ordinary skill in the art to which the claimed invention pertains, before the effective filing date of the claimed invention, to incorporate to Shelton the teachings of Leimbach and include a housing comprising a user interface, such as a screen, configured to display instructions for operating the manual actuator, in particular step by step instructions to operate to operate the manual bailout after the processor detects a failure based on the current operational status, since the use of screens to provide such information and instructions to a user is a common practice in the art.
Regarding Claim 26:
Shelton discloses that the end effector comprises a first jaw and a second jaw movable relative to the first jaw, wherein the end effector is movable from the first configuration toward the second configuration based on movement of the second jaw (Figure 5 and 47-54, paragraph 0249, the end effector 1000 includes an anvil portion 1102 on jaw 1006, that will be considered a second jaw, that is movable between open and closed positions upon application of axial closure motions to a closure system and an elongate channel 1020 that is configured to operably support a staple cartridge 1030 on jaw 1004 that will be considered a first jaw).
Regarding Claims 27 to 32:
Shelton discloses a surgical system (Figure 1, robotic system 10), comprising:
an electromechanical arm (Figure 2, set-up joints 32 will be considered the arms);
a tool driver removably attachable to the electromechanical arm, the tool driver comprising a motor and a channel configured to receive a surgical tool (Figures 3 and 5, robotic manipulators 34 comprising motors 56, removably attached to set-up joints 32 and tool mounting portion 300 will be considered the tool driver);
an end effector transitionable between a first configuration and a second configuration (Figure 5 shows end effector 1000 on an open position and Figure 51 shows the closed position), wherein the motor is configured to transition the end effector between the first configuration and the second configuration (Figure 11, Paragraph 0240, gear 372 is driven by a rotatable body 320, that itself is driven by a motor 56, to drive open and close the end effector, Paragraph 0240, Rotation of the second rotation drive gear 372 in response to rotary output motions generated by the robotic system 10 ultimately results in the rotation of the proximal drive shaft segment 380 and other drive shaft components coupled thereto, drive shaft assembly 388, about the longitudinal tool axis LT-LT); and
a bailout actuator disposed on an outer surface of the tool driver and coupled to the end effector, wherein the bailout actuator is manually actuatable by a user to transition the end effector toward the first configuration (Paragraph 0243. 0245, Figure 11, actuator handle portion 426 will be considered the manual actuator, handle 426 is configured for repeated actuation for as many times as are necessary to fully release the firing member 1200 and the end effector 1000);
and further comprising a housing (Figures 2, 3 and 5, not numbered cover of tool mounting portion 300 will be considered the housing).
Shelton does not disclose a display disposed on the housing; a control circuit configured to cause the display to present the instructions; the control circuit is configured to: detect a failure related to operation of the surgical system; and cause the display to present the instructions based on detecting the failure related to operation of the surgical system; the control circuit is configured to: determine a current operational status of the bailout actuator; and cause the display to present the instructions based on determining the current operational status; an wherein the control circuit is configured to: cause the display to present a request for the user input; and cause the display to present an indicator based on receiving the user input.
Leimbach teaches a similar surgical device, also comprising a manual actuator coupled to the end effector to manually retract the end effector,
a housing comprising a user interface screen configured to display instructions for operating the manual actuator, a control circuit configured to cause the display to present the instructions (Figure 49, Paragraph 0293, the processor 2242 may employ the display 2250 to alert, guide, and/or provide feedback to a user of the surgical instrument 2200 with regard to performing a manual bailout of the surgical instrument 2200 using the bailout assembly 2228), the control circuit is configured to: detect a failure related to operation of the surgical device; and cause the screen to display the instructions based on detecting the failure (Paragraph 0295, the module 2252 may comprise one or more decision-making steps such as, for example, a decision-making step 2254 with regard to the detection of one or more errors requiring the manual bailout of the surgical instrument 2200), the control circuit is configured to: determine a current operational status of the manual actuator; and cause the screen to display the instructions based on determining the current operational status (Paragraph 0296, the processor 2242 may be configured to detect a bailout error in response to the occurrence of one or more intervening events during the normal operation of the surgical instrument 2200, for example. In certain instances, the processor 2242 may be configured to detect a bailout error when one or more bailout error signals are received by the processor 2242, Figure 52 shows specific instructions 2260 to 2264 to be displayed), wherein the housing further comprises a control interface for receiving a user input and the control circuit is configured to cause the screen to display a request for the user input; and cause the screen to display an indicator based on receiving the user input (Paragraph 0305, the display 2250 may comprise a capacitive screen which may provide the user with an interface to alert the processor 2242 when a step is completed, for example, the user may press the capacitive screen to move to the next step of the manual bailout instructions after a current step is completed).
Therefore, it would have been obvious to a person having ordinary skill in the art to which the claimed invention pertains, before the effective filing date of the claimed invention, to incorporate to Shelton the teachings of Leimbach and include a housing comprising a user interface, such as a screen, configured to display instructions for operating the manual actuator, in particular step by step instructions to operate to operate the manual bailout after the processor detects a failure based on the current operational status, and having the display to present an indicator based on receiving the user input, since the use of screens to provide such information and instructions to a user is a common practice in the art.
Regarding Claim 33:
Shelton discloses an elongate shaft extending from the housing, wherein the end effector is coupled to the elongate shaft (Figure 5, end effector 1000 is coupled to elongate shaft assembly 200, that extends from the housing defined as the not numbered cover of tool mounting portion 300).
Regarding Claims 34 to 39:
Shelton discloses a surgical device (Paragraph 0232, Figures 2 and 5, surgical tool 100, for use with a robotic system 10Figure 1, robotic system 10) removably attachable to an electromechanical arm of a surgical robotic system (Figure 2 and 3, robotic manipulators 34), the surgical device comprising:
an end effector movable between a first configuration and a second configuration (Figure 5 shows end effector 1000 on an open position and Figure 51 shows the closed position);
a substantially cylindrical housing including a drive configured to move the end effector based on receiving a rotary motion from a motor (Figures 5, 19 and 21, outer tube portions 231, 202 of elongate shaft assembly 200, not numbered cover of tool mounting portion 300 and tool mounting plate 304 will be considered a substantially cylindrical housing, in the embodiment of Figure 17 it includes a drive motor 400 for supplying rotary drive motions to the proximal drive shaft segment 380. that enables the tool mounting portion to generate higher rotary output motions);
a bailout actuator disposed on an outer surface of the housing and coupled to the drive, wherein the bailout actuator is manually operable by a user to move the end effector toward the first configuration (Paragraph 0243. 0245, Figure 11, actuator handle portion 426 will be considered the bailout actuator, handle 426 is configured for repeated actuation for as many times as are necessary to fully release the firing member 1200 and the end effector 1000) and an elongate shaft extending from the housing, wherein the end effector is coupled to the elongate shaft (Figure 25, articulation joint 700 will be considered an elongate shaft extending from the housing and coupled to end effector 1000).
Shelton does not disclose a display screen disposed on the outer surface of the housing directly adjacent to the bailout actuator, configured to display information related to the operation of the bailout actuator or an interface for receiving a user input.
Leimbach teaches a similar surgical device, also comprising a manual bailout actuator coupled to the end effector to manually move the end effector toward the first configuration,
a display screen disposed on the outer surface of the housing directly adjacent to the bailout actuator (Figure 49, Screen 2250, on housing 2210 adjacent to bailout door 2232 of bailout handle 2230) configured to display instructions for operating the manual actuator, a control circuit configured to cause the display screen to present the instructions (Figure 49, Paragraph 0293, the processor 2242 may employ the display 2250 to alert, guide, and/or provide feedback to a user of the surgical instrument 2200 with regard to performing a manual bailout of the surgical instrument 2200 using the bailout assembly 2228), the control circuit is configured to: detect a failure related to operation of the surgical device; and cause the display screen to display the instructions based on detecting the failure (Paragraph 0295, the module 2252 may comprise one or more decision-making steps such as, for example, a decision-making step 2254 with regard to the detection of one or more errors requiring the manual bailout of the surgical instrument 2200), the control circuit is configured to: determine a current operational status of the manual actuator; and cause the screen to display the instructions based on determining the current operational status (Paragraph 0296, the processor 2242 may be configured to detect a bailout error in response to the occurrence of one or more intervening events during the normal operation of the surgical instrument 2200, for example. In certain instances, the processor 2242 may be configured to detect a bailout error when one or more bailout error signals are received by the processor 2242, Figure 52 shows specific instructions 2260 to 2264 to be displayed), an interface for receiving a user input and the control circuit is configured to cause the display screen to display a request for the user input; and cause the screen to display an indicator based on receiving the user input (Paragraph 0305, the display 2250 may comprise a capacitive screen which may provide the user with an interface to alert the processor 2242 when a step is completed, for example, the user may press the capacitive screen to move to the next step of the manual bailout instructions after a current step is completed).
Therefore, it would have been obvious to a person having ordinary skill in the art to which the claimed invention pertains, before the effective filing date of the claimed invention, to incorporate to Shelton the teachings of Leimbach and include a display screen disposed on the outer surface of the housing directly adjacent to the bailout actuator, configured to display instructions for operating the manual actuator, in particular step by step instructions to operate to operate the manual bailout after the processor detects a failure based on the current operational status and an interface for receiving a user input, since the use of screens to provide such information and instructions to a user is a common practice in the art.
Response to Arguments
Applicant's arguments filed 05/21/2026 have been fully considered but they are not persuasive. The amended claims were rejected using a different embodiment of Shelton (US 20140001235) in view of Leimbach (US 2015/0272575).
Regarding Claim 20 the Applicant argues that Shelton does not disclose “channel in the side of the tool driver which couples with an electromechanical arm, wherein the channel is configured to receive an elongate shaft of a surgical tool”.
The Examiner disagrees and in the office action it reads “Figures 2 and 3, robotic manipulators 34 will be considered the tool driver, comprising motors 56, having a channel not numbered on the distal side where distal end of surgical tools 30 are received; Figure 5, elongate shaft assembly 200 and tool mounting portion 300 will be considered the elongate shaft elongate shaft assembly 200 and tool mounting portion 300 will be considered the elongate shaft”.
The Applicant also argues that Shelton does not disclose “a housing coupled to a proximal end of the elongate shaft and releasably coupled to the tool drive”.
The Examiner disagrees, and in the office action it reads: “Figures 2, 3 and 5, not numbered cover of tool mounting portion 300 will be considered the housing, attached to the elongated shaft.
Regarding Claim 27 the Applicant argues that Shelton fails to teach "a bailout actuator disposed on an outer surface of the tool driver and coupled to the end effector.
The Examiner disagrees, and in the office action it reads “a bailout actuator disposed on an outer surface of the tool driver and coupled to the end effector, wherein the bailout actuator is manually actuatable by a user to transition the end effector toward the first configuration (Paragraph 0243. 0245, Figure 11, actuator handle portion 426 will be considered the manual actuator, handle 426 is configured for repeated actuation for as many times as are necessary to fully release the firing member 1200 and the end effector 1000), note that for the claim the tool driver was considered as in Figures 3 and 5, robotic manipulators 34 comprising motors 56, removably attached to set-up joints 32 and tool mounting portion 300 will be considered the tool driver.
Regarding Claim 34 the Applicant argues that Shelton fails to disclose "a substantially cylindrical housing including a drive" and "a bailout actuator disposed on an outer surface of the housing and coupled to the drive”.
The Examiner disagrees, and in the office action it reads “Figures 5, 19 and 21, outer tube portions 231, 202 of elongate shaft assembly 200, not numbered cover of tool mounting portion 300 and tool mounting plate 304 will be considered a substantially cylindrical housing, in the embodiment of Figure 17 it includes a drive motor 400 for supplying rotary drive motions to the proximal drive shaft segment 380. that enables the tool mounting portion to generate higher rotary output motions”; and the bailout actuator is disposed on an outer surface of the housing as considered.
Also, regarding Claim 34 the Applicant argues that “Specifically, Leimbach fails to teach or suggest a display screen directly adjacent to the bailout actuator”; but in the arguments presents Figure 49 of Leimbach, with the display screen 2250 adjacent to door 2232 of the bailout actuator.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. In particular Leimbach (US 2015/0280424), Zemlok (US 2013/0214025), (US 2013/0168431), Durant (US 2012/0316573) and Yates (US 9179912) teach relevant display screens.
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 EDUARDO R FERRERO whose telephone number is (571)272-9946. The examiner can normally be reached M-F 9:30-7:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, SHELLEY SELF can be reached at 571-272-4524. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EDUARDO R FERRERO/Examiner, Art Unit 3731
/ROBERT F LONG/Primary Examiner, Art Unit 3731
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