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
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 04/10/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings are objected to because:
According to paragraph 00942 of the specification Figure 11 should show the first jaw 1250 that is missing from the figure.
According to paragraph 0101 of the specification Figures 13A and 13B should show the staple cartridge assembly 1311 that is missing from the figure.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
On Paragraph 0104 a Trocar 1311 in mentioned that the Examiner considers it is Trocar 1303 mentioned on paragraphs 0102, 0103 and Figure 12.
Appropriate correction is required.
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, comprising:
a mounting interface removably attachable to an electromechanical arm of a surgical robotic system; a tool driver coupled to the mounting interface, the tool driver comprising a motor; an end effector movable from a first configuration toward a second configuration (Figures 1, 5, 6, 10, 17 surgical tool 100 comprises adaptor portion 310 will be considered the mounting interface to be coupled to tool holder portion 330 of the robotic system 10, tool mounting portion 300 will be considered the tool driver that can include a motor 400 and an end effector 1000, Paragraph 0249 that includes an anvil portion that is movable between open and closed positions upon application of axial closure motions to a closure system),
wherein the motor is configured to drive movement of the end effector toward the second configuration (Paragraph 0241, drive motor 400 for supplying rotary drive motions to the proximal drive shaft segment 380);
a manual actuator coupled to the end effector, wherein the manual actuator is actuatable by a user to manually retract the end effector toward the first configuration (Figure 5 and 11-16, manually-actuatable reversing system 410).
Shelton does not disclose a housing coupled to the tool driver, 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, comprising: an electromechanical arm; a tool driver removably attachable to the electromechanical arm, the tool driver comprising a motor; an end effector transitionable between a first configuration and a second configuration, wherein the motor is configured to transition the end effector between the first configuration and the second configuration (Figures 1, 5, 6, 10, 17 surgical tool 100 comprises adaptor portion 310 will be considered the mounting interface to be coupled to tool holder portion 330 of the robotic system 10, in particular on manipulator 50 that will be considered the electromechanical arm, tool mounting portion 300 will be considered the tool driver that can include a motor 400 and an end effector 1000, Paragraph 0249 that includes an anvil portion that is movable between open and closed positions upon application of axial closure motions to a closure system); and
a bailout actuator coupled to the end effector, wherein the bailout actuator is manually actuatable by a user to transition the end effector toward the first configuration (Figure 5 and 11-16, manually-actuatable reversing system 410).
Shelton does not disclose a display configured to display instructions for operating the manual actuator.
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 a housing, wherein the end effector is coupled to the elongate shaft (Figure 5, paragraph 0229, end effector 100 is coupled to elongate shaft assembly 200, that extends from a housing comprising tool mounting plate 304 and a cover not shown that covers the motor, drivers and the manually-actuatable reversing system).
The housing of Shelton does not comprise the display and a control for receiving a user input.
Leimbach teaches a housing that is coupled to a similar elongate shaft assembly that extends from the housing, the housing comprising a display and a control for receiving a user input (Figure 49, Housing 2210 and screen 2250, 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 in the housing of Shelton a display and a control for receiving a user input since the use of such components to operate a surgical tool are well known in the art.
Regarding Claims 34 to 38:
Shelton discloses a surgical device removably attachable to an electromechanical arm of a surgical robotic system, the surgical device comprising: an end effector movable between a first configuration and a second configuration; a drive configured to move the end effector based on receiving a rotary motion from a motor (Figures 1, 5, 6, 10, 17 surgical tool 100 comprises adaptor portion 310 will be considered the mounting interface to be coupled to tool holder portion 330 of the robotic system 10, in particular on manipulator 50 that will be considered the electromechanical arm, tool mounting portion 300 will be considered the tool driver that can include a motor 400 and an end effector 1000, Paragraph 0249 that includes an anvil portion that is movable between open and closed positions upon application of axial closure motions to a closure system); a bailout actuator coupled to the drive, wherein the bailout actuator is manually operable by a user to move the end effector toward the first configuration (Figure 5 and 11-16, manually-actuatable reversing system 410 will be considered the bailout actuator).
Shelton does not disclose a display screen 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 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, 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.
Regarding Claim 39:
Shelton discloses an elongate shaft extending from a housing, wherein the end effector is coupled to the elongate shaft (Figure 5, paragraph 0229, end effector 100 is coupled to elongate shaft assembly 200, that extends from a housing comprising tool mounting plate 304 and a cover not shown that covers the motor, drivers and the manually-actuatable reversing system).
The housing of Shelton does not comprise the display and a control for receiving a user input.
Leimbach teaches a housing that is coupled to a similar elongate shaft assembly that extends from the housing, the housing comprising a display and a control for receiving a user input (Figure 49, Housing 2210 and screen 2250, 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 in the housing of Shelton a display and a control for receiving a user input since the use of such components to operate a surgical tool are well known in the art.
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.
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