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 .
Priority
Acknowledgement is made of applicant’s claim for foreign priority under 35 U.S.C. 119. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 102
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, 5, 15, 16, and 66 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Burbank (US Patent Publ. No. 2017/0265865).
With respect to claim 1, Burbank discloses an end tool (fig. 1) comprising: a jaw configured to accommodate at least one region of an operation member that is movable in at least one direction (jaw 214 accommodates first transverse beam portion 260 of slider beam 104, figs. 7B, 8); a fixed pulley disposed closer to a distal end of the jaw than the operation member (pulley 103 is closer to distal end than slider beam 104, fig. 12); and a forward-moving wire connected to the operation member (section of cable 110 moves distally and is secured to anchor point 266, fig. 13), wherein the forward-moving wire is configured to be rerouted in response to the fixed pulley to transmit a force to the operation member (cable 110 is rerouted around pulley 103, figs. 13), wherein at least one region of the forward-moving wire is configured to move toward a proximal end of the jaw to transmit a driving force to move the operation member forward toward the distal end of the jaw (section of cable 110 moves proximally when slider beam moves distally, fig. 13, [0054]).
With respect to claim 5, Burbank discloses that when the operation member moves forward, one region of the forward-moving wire connected to the operation member and directed toward the fixed pulley is configured to move toward the distal end of the jaw (section of cable 110 moves distally when slider beam 104 moves distally, fig. 13, [0054]), and another region of the forward-moving wire, which is not fixed to the operation member and is directed to the fixed pulley, is configured to move toward the proximal end of the jaw (section of cable 110 moves proximally when slider beam 104 moves distally, fig. 13, [0054]).
With respect to claim 15, Burbank discloses a backward-moving wire connected to the operation member to enable the operation member to move backward in a direction opposite to a direction in which the operation member moves forward (cable 112 secured to anchor point 268, cable moves proximally to move the slider beam 104 proximally, fig. 13, [0053], [0055]).
With respect to claim 16, Burbank discloses the backward-moving wire includes a portion disposed in parallel to the forward-moving wire with respect to the operation member in a vertical direction (cables 110, 112 extend in parallel, and the cables 110, 112 are spaced vertically, fig. 13).
With respect to claim 66, Burbank discloses an operator configured to control an operation of the end tool (proximal actuation assembly 202, fig. 7A); and a connector configured to connect the operator to the end tool (shaft 206 connects the proximal actuation assembly 202 and the jaw assembly 210 of the end tool, fig. 7A).
Claims 1, 5, 13, 15-21, 26-27, 31, 33-52, 54-57, 62-64, and 66 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Burbank et al. (US Patent Publ. No. 2017/0265954).
With respect to claim 1, Burbank et al. ‘954 disclose an end tool (fig. 7A) comprising: a jaw configured to accommodate at least one region of an operation member that is movable in at least one direction (jaw 216 that accommodates the cross-beam portion 258 and transverse beam portion 262 of slider beam 104, figs. 7A, 9, 10); a fixed pulley disposed closer to a distal end of the jaw than the operation member (fixed pulleys 310, 312 closer to distal end of jaw 216 than slider beam 104, figs. 11, 12); and a forward-moving wire connected to the operation member (sections of cables 110, 112 move distally and are connected via crimps 406 to the slider beam 104, fig. 12, [0045], [0046]), wherein the forward-moving wire is configured to be rerouted in response to the fixed pulley to transmit a force to the operation member (cables 110, 112 are rerouted around pulleys 310, 312, fig. 11), wherein at least one region of the forward-moving wire is configured to move toward a proximal end of the jaw to transmit a driving force to move the operation member forward toward the distal end of the jaw (sections of cables 110, 112 move proximally to move the slider beam 104 distally, fig. 12, [0058], [0070]).
With respect to claim 5, Burbank et al. ‘954 disclose when the operation member moves forward, one region of the forward-moving wire connected to the operation member and directed toward the fixed pulley is configured to move toward the distal end of the jaw (sections of cables 110, 112 move distally to move the slider beam 104 distally, fig. 12, [0045], [0046], [0058], [0070]), and another region of the forward-moving wire, which is not fixed to the operation member and is directed to the fixed pulley, is configured to move toward the proximal end of the jaw (sections of cables 110, 112 move proximally to move the slider beam 104 distally, fig. 12, [0058], [0070]).
With respect to claim 13, Burbank et al. ‘954 disclose the jaw includes a first jaw and a second jaw facing each other and configured to perform an opening and closing motion (jaw 214, jaw 216, fig. 7A), wherein the first jaw includes an accommodation part to accommodate a plurality of staples (cartridge 218 accommodates staples, fig. 8), wherein the operation member (slider beam 104) includes a body (cross-beam portion 258), a blade region disposed in one region of the body (knife edge 239), and a first clamp and a second clamp (transverse beam portions 260, 262), wherein each of the first clamp and the second clamp extends from the body and has a width greater than a width of the body (transverse beam portions 260, 262 have greater width than cross-beam portion 258, fig. 10), and wherein the first clamp passes through a guide groove of the second jaw and corresponds to an upper surface of the second jaw (transverse beam portion 260 passes within first jaw channel 261, fig. 7B, [0036]), and the second clamp passes through a guide groove of the first jaw and corresponds to a lower surface of the first jaw (transverse beam portion 262 passes through slot 255 and contacts outward facing surface of bottom wall 224, fig. 8, [0037]).
With respect to claim 15, Burbank et al. ‘954 disclose a backward-moving wire connected to the operation member to enable the operation member to move backward in a direction opposite to a direction in which the operation member moves forward (sections of cables 110, 112 are connected via crimps 406 to the slider beam 104, sections of cables 110, 112 move proximally to move the slider beam 104 proximally, fig. 12, [0058], [0071]).
With respect to claim 16, Burbank et al. ‘954 disclose the backward-moving wire includes a portion disposed in parallel to the forward-moving wire with respect to the operation member in a vertical direction (portion of cable 110 passes above the cantilever beam 276, portion of cable 112 passes below the cantilever beam 274 and are parallel, figs. 12, 13, [0058]).
With respect to claim 17, Burbank et al. ‘954 disclose the backward-moving wire is disposed on a same line as one region of the forward-moving wire extending from the operation member (sections of cables 110, 112 are colinear, fig. 12).
With respect to claim 18, Burbank et al. ‘954 disclose an end tool (fig. 7A) comprising: a jaw configured to accommodate at least one region of an operation member that is movable in at least one direction (jaw 216 that accommodates the cross-beam portion 258 and transverse beam portion 262 of slider beam 104, figs. 7A, 9, 10); a plurality of fixed pulleys disposed closer to a distal end of the jaw than the operation member (fixed pulleys 310, 312 closer to distal end of jaw 216 than slider beam 104, figs. 11, 12), the plurality of fixed pulleys being spaced apart from each other (pulleys 310, 312 are vertically offset, fig. 11, [0043]); and a plurality of forward-moving wires which are connected to the operation member (sections of cables 110, 112 move distally and are connected via crimps 406 to the slider beam 104, fig. 12, [0045], [0046]), wherein the plurality of forward-moving wires are configured to be rerouted in response to the plurality of fixed pulleys, respectively, to transmit a force to the operation member (cables 110, 112 are rerouted around pulleys 310, 312 to move the slider beam 104, fig. 11), wherein at least one region of each of the plurality of forward-moving wires is configured to move toward a proximal end of the jaw to transmit a driving force to move the operation member forward toward the distal end of the jaw (sections of cables 110, 112 move proximally to move the slider beam 104 distally, fig. 12, [0058], [0070]).
With respect to claim 19, Burbank et al. ‘954 disclose the plurality of forward-moving wires include a first forward-moving wire and a second forward-moving wire (cables 110, 112), and wherein the plurality of fixed pulleys include a first fixed pulley and a second fixed pulley that are spaced apart from each other to correspond to the first forward-moving wire and the second forward-moving wire, respectively (first and second pulleys 310, 312 are vertically offset to correspond to the cables 110, 112, fig. 11, [0043]).
With respect to claim 20, Burbank et al. ‘954 disclose the first fixed pulley and the second fixed pulley are each inclined at an angle (pulleys 310, 312 lie flat on bottom wall 224 and are thus inclined at an angle with respect to the side walls 225, fig. 11).
With respect to claim 21, Burbank et al. ‘954 disclose the angle defined by the first fixed pulley and the second fixed pulley ranges from 70 degrees (deg) to 102 degrees (deg) (the angle defined by the first and second fixed pulleys 310, 312 and the side walls 225 is depicted in fig. 11 to be about 90 degrees, fig. 11).
With respect to claim 26, Burbank et al. ‘954 disclose the first forward-moving wire and the second forward- moving wire are connected to a first connection region and a second connection region (cables 110, 112 are connected at crimp openings 281, 282, fig. 10, [0043]), respectively, which are defined in the operation member at a region protruding outward from at least one surface (crimp openings 281, 282 are defined in cantilever beams 274, 276 protruding from side faces 284, 285 of slider beam 104, fig. 10).
With respect to claim 27, Burbank et al. ‘954 disclose the first forward-moving wire and the second forward-moving wire extend from the proximal end of the jaw toward the distal end of the jaw, emerge from lower sides of the first fixed pulley and the second fixed pulley while being wound around upper sides of the first fixed pulley and the second fixed pulley, and are connected to the first connection region and the second connection region, respectively (cables 110, 112 extend from proximal end, are wound around pulleys 310, 312, and connected to crimp openings 281, 282, figs. 11, 12). The end tool of Burbank et al. ‘954 is a handheld device which can be held in any position by the user, including a position in which the cables 110, 112 are wound around upper and lower sides of the pulleys.
With respect to claim 31, Burbank et al. ‘954 disclose the jaw includes a first jaw and a second jaw facing each other and configured to perform an opening and closing motion (jaw 214, jaw 216, fig. 7A), wherein the first jaw includes an accommodation part to accommodate a cartridge having a plurality of staples (cartridge 218 accommodates staples, fig. 8), and wherein the first fixed pulley and the second fixed pulley are disposed in a front space that is positioned closer to a distal end of the first jaw than the accommodation part of the first jaw (pulleys 310, 312 are positioned in distal end of jaw, fig. 11).
With respect to claim 33, Burbank et al. ‘954 disclose a plurality of switching pulleys disposed closer to the proximal end of the jaw than the operation member to control paths of the first forward- moving wire and the second forward-moving wire (proximal end jaw mounted guide pulleys 333, 343 guide the cables 110, 112, fig. 12, [0055]-[0057]).
With respect to claim 34, Burbank et al. ‘954 disclose the plurality of switching pulleys include a first switching pulley configured to control the path of the first forward-moving wire and a second switching pulley configured to control the path of the second forward-moving wire, and wherein the first switching pulley and the second switching pulley are disposed around switching pulley shafts, respectively, that are parallel to each other (guide pulleys 330, 340 disposed on parallel shafts, fig. 12).
With respect to claim 35, Burbank et al. ‘954 disclose the first switching pulley and the second switching pulley are disposed at positions offset from each other rather than aligned on a same line with respect to a direction toward the operation member (guide pulleys 330, 340 are laterally offset with respect to the distal direction toward the slider beam 104, fig. 12).
With respect to claim 36, Burbank et al. ‘954 disclose the plurality of switching pulleys include a first plurality of switching pulleys configured to control the path of the first forward-moving wire and a second plurality of switching pulleys configured to control the path of the second forward-moving wire, and wherein the first plurality of switching pulleys configured to control the path of the first forward-moving wire and the second plurality of switching pulleys configured to control the path of the second forward-moving wire are disposed on different switching pulley shafts (guide pulleys 330, 332 and guide pulleys 340, 342 are disposed on different shafts, fig. 12).
With respect to claim 37, Burbank et al. ‘954 disclose the first plurality of switching pulleys configured to control the path of the first forward-moving wire include a third switching pulley and a fourth switching pulley disposed around first switching pulley shafts that are parallel to each other (guide pulley 330 and guide pulley 340 are disposed on parallel shafts, fig. 12), and wherein the second plurality of switching pulleys configured to control the path of the second forward-moving wire include a first switching pulley and a second switching pulley disposed around second switching pulley shafts that are parallel to each other (guide pulley 332 and guide pulley 342 are disposed on parallel shafts, fig. 12).
With respect to claim 38, Burbank et al. disclose the jaw includes a first side surface and a second side surface corresponding to a rear space that is defined closer to the proximal end of the jaw than the operation member (proximal end 221-2 of jaw, fig. 12), wherein the third switching pulley and the fourth switching pulley configured to control the path of the first forward-moving wire are disposed on the first side surface of the rear space (guide pulleys 330, 332 are disposed on a first lateral side surface of the bottom wall 224, fig. 12), and wherein the first switching pulley and the second switching pulley configured to control the path of the second forward-moving wire are disposed on the second side surface of the rear space (guide pulleys 340, 342 are disposed on a second lateral side surface of the bottom wall 224, fig. 12).
With respect to claim 39, Burbank et al. ‘954 disclose the first side surface and the second side surface of the jaw have a gap therebetween that decreases in a downward direction with respect to a thickness direction of the jaw (side walls 225 extending from bottom wall 224 include a decreasing gap, fig. 11).
With respect to claim 40, Burbank et al. ‘954 disclose the third switching pulley and the fourth switching pulley, which are disposed on the first side surface and configured to control the path of the first forward-moving wire, are positioned at different heights, respectively (guide pulleys 330, 332 are positioned at different heights, fig. 12), and wherein the first switching pulley and the second switching pulley, which are disposed on the second side surface and configured to control the path of the second forward-moving wire, are positioned at different heights, respectively (guide pulleys 340, 342 are positioned at different heights, fig. 12).
With respect to claim 41, Burbank et al. disclose a backward-moving wire connected to the operation member to control a backward movement of the operation member; and a backward-moving wire switching pulley corresponding to a support shaft passing through the first side surface and the second side surface, the backward-moving wire switching pulley being configured to control a path of the backward-moving wire (sections of cables 110, 112 move proximally to move slider beam 104 proximally, guide pulleys 330, 332 supported on shafts through first side surface, guide pulleys 340, 342 supported on shafts through second side surface, fig. 12).
With respect to claim 42, Burbank et al. ‘954 disclose the backward-moving wire switching pulley is disposed between the first side surface and the second side surface to be spaced apart from the first side surface and the second side surface (guide pulleys 330, 332, 340, 342 are spaced from each other and positioned between the portions 225 of the first and second side surfaces, fig. 12).
With respect to claim 43, Burbank et al. ‘954 disclose the plurality of switching pulleys are disposed closer to the operation member than a rotational motion shaft configured to perform one or more joint motions of the end tool (guide pulleys 330, 332, 340, 342 are closer to slider beam 104 than pitch axle 125, fig. 12).
With respect to claim 44, Burbank et al. ‘954 disclose the one or more joint motions includes a pitch motion or a yaw motion (pitch axle 125 for pitch motion of the end tool, fig. 12, [0065]).
With respect to claim 45, Burbank et al. ‘954 disclose the plurality of forward-moving wires include a first forward-moving wire and a second forward-moving wire (sections of cables 110, 112 move distally, fig. 12), and wherein, when a cartridge is disposed in the jaw, at least one region of the first forward- moving wire and the second forward-moving wire includes regions that respectively correspond to spaces between both side surfaces of the jaw and the cartridge (sections of cables 110, 112 move in space between side walls 225 of the jaw and side walls 234 of the cartridge, figs. 8, 12).
With respect to claim 46, Burbank et al. ‘954 disclose one region of the first forward-moving wire and one region of the second forward- moving wire emerging from being wound around a lower side of the plurality of fixed pulleys, respectively, are disposed on a lower side of the cartridge (cables 110, 112 are wound around the pulleys 310, 312, fig. 11), and wherein another region of the first forward-moving wire and another region the second forward-moving wire emerging from being wound around an upper side of the plurality of fixed pulleys, are disposed on both sides between the jaw and the cartridge, respectively (sections of cables 110, 112 are disposed on both sides of the jaw and cartridge, figs. 8, 9, 12). The end tool of Burbank et al. ‘954 is a handheld device which can be held in any position by the user, including a position in which the cables 110, 112 are wound around upper and lower sides of the pulleys.
With respect to claim 47, Burbank et al. disclose that when the operation member moves forward, one region of each of the plurality of forward-moving wires, which is connected to the operation member and directed toward each of the plurality of fixed pulleys, is configured to move toward the distal end of the jaw (sections of cables 110, 112 move distally to move the slider beam 104 distally, fig. 12), and wherein another region of each of the plurality of forward-moving wires, which is not fixed to the operation member and is directed to each of the plurality of fixed pulleys, is configured to move toward the proximal end of the jaw (sections of cables 110, 112 move proximally to move the slider beam 104 distally, fig. 12).
With respect to claim 48, Burbank et al. ‘954 disclose an end tool comprising: a jaw configured to accommodate at least one region of an operation member that is movable in at least one direction (jaw 221 accommodates cross beam 258 and transverse beam 262 of slider beam 104, fig. 10); a first rotation shaft pulley disposed to allow the jaw to rotationally move around one shaft (yaw pulley 414, figs. 15, 16); a second rotation shaft pulley disposed to allow the jaw to rotationally move around another shaft that is different from the one shaft around which the first rotation shaft pulley rotationally moves (pitch pulley 450, figs. 15, 16); and one or more switching pulleys configured to control one or more paths of one or more forward-moving wires that are configured to transmit a driving force to cause the operation member to move (guide pulleys 330, 332, 340, 342 that guide cables 110, 112 to move slider beam 104, fig. 12), and the one or more switching pulleys being disposed closer to the operation member than at least the first rotation shaft pulley and the second rotation shaft pulley (guide pulleys 330, 332, 340, 342 are closer to the slider beam 104 than the yaw pulley 414 and the pitch pulley 450, fig. 12).
With respect to claim 49, Burbank et al. ‘954 disclose the first rotation shaft pulley is a yaw pulley configured to correspond to a yaw motion of the end tool (yaw pulley 414), wherein the second rotation shaft pulley is a pitch pulley configured to correspond to a pitch motion of the end tool (pitch pulley 450), and wherein the first rotation shaft pulley is disposed closer to the one or more switching pulleys than the second rotation shaft pulley (fig. 12). Burbank et al. ‘954 disclose a distal portion of the yaw pulley 414 is closer than a proximal portion of the pitch pulley 450 to the guide pulleys 330, 332, 340, 342, and therefore the first rotation shaft pulley is considered to be closer to the switch pulleys than the second rotation shaft pulley.
With respect to claim 50, Burbank et al. ‘954 disclose the one or more forward-moving wires include a first forward-moving wire and a second forward-moving wire (sections of cables 110, 112), wherein the one or more switching pulleys include a first switching pulley and a second switching pulley corresponding to the first forward-moving wire and the second forward-moving wire, respectively (guide pulleys 330, 332, 340, 342), and wherein the first switching pulley and the second switching pulley are disposed parallel to each other (guide pulleys 330, 332 are parallel to guide pulleys 340, 342, fig. 12).
With respect to claim 51, Burbank et al. ‘954 disclose a first auxiliary pitch pulley (second pitch pulley 452) disposed adjacent to the pitch pulley (pitch pulley 450), which is the second rotation shaft pulley, wherein the first auxiliary pitch pulley has an axis parallel to an axis of the second rotation shaft pulley (first and second pitch pulleys 450, 452 have parallel axes, fig. 15), the first auxiliary pitch pulley being configured to control paths of the first forward- moving wire and the second forward-moving wire (second pitch pulley 452 controls paths of cables 110, 112, fig. 15).
With respect to claim 52, Burbank et al. ‘954 disclose a yaw auxiliary pitch pulley disposed between the first auxiliary pitch pulley and the first rotation shaft pulley (pair of yaw axis pulleys 470, fig. 12), wherein the yaw auxiliary pitch pulley has an axis parallel to an axis of the first rotation shaft pulley (yaw axis pulleys 470 and yaw pulley 414 have parallel axes, fig. 12), the yaw auxiliary pitch pulley being configured to control the paths of the first forward- moving wire and the second forward-moving wire (yaw axis pulleys 470 control paths of cables 110, 112, figs. 12, 15).
With respect to claim 54, Burbank et al. ‘954 disclose paths of the first forward-moving wire and the second forward-moving wire are configured to be controlled through the first switching pulley and the second switching pulley to gather the first forward-moving wire and the second forward-moving wire to be correspondingly in contact with a same side of at least the first rotation shaft pulley (guide pulleys 330, 332, 340, 342 guide cables 110, 112 into contact with yaw pulley 414, fig. 12).
With respect to claim 55, Burbank et al. ‘954 disclose a backward movement wire for backward movement of the operation member (sections of cables 110, 112 move proximally to move the slider beam 104 proximally, fig. 12), wherein one or more backward-moving wire switching pulleys configured to control a path of the backward movement wire are disposed on a shaft of the first switching pulley or the second switching pulley (guide pulley 330 is coaxial with guide pulley 332, guide pulley 340 is coaxial with guide pulley 342, fig. 16).
With respect to claim 56, Burbank et al. ‘954 disclose the first rotation shaft pulley is a pitch pulley configured to correspond to a pitch motion of the end tool (pitch pulley 450), wherein the second rotation shaft pulley is a yaw pulley configured to correspond to a yaw motion of the end tool (yaw pulley 414), and wherein the first rotation shaft pulley is disposed closer to the one or more switching pulleys than the second rotation shaft pulley (fig. 12). Burbank et al. ‘954 disclose a distal portion of the pitch pulley 450 is closer than a distal portion of the yaw pulley 414 to the guide pulleys 330, 332, 340, 342, and therefore the first rotation shaft pulley is considered to be closer to the switch pulleys than the second rotation shaft pulley.
With respect to claim 57, Burbank et al. ‘954 disclose the one or more forward-moving wires include a first forward-moving wire and a second forward-moving wire (sections of cables 110, 112), and wherein the one or more switching pulleys include a third switching pulley and a fourth switching pulley, which correspond to the first forward-moving wire (guide pulleys 330, 340 corresponding to cable 110, fig. 16), and a first switching pulley and a second switching pulley, which correspond to the second forward-moving wire (guide pulleys 332, 342 corresponding to cable 120, fig. 16).
With respect to claim 62, Burbank et al. ‘954 disclose an auxiliary pitch pulley disposed adjacent to the pitch pulley (second pitch pulley 452, guide pulleys 330, 340, fig. 16), which is the first rotation shaft pulley, wherein the auxiliary pitch pulley has an axis parallel to an axis of the first rotation shaft pulley (guide pulleys 330, 340 and pitch pulley 450 have parallel axes, figs. 12, 15), the auxiliary pitch pulley being configured to control paths of the first forward-moving wire and the second forward-moving wire (guide pulleys 330, 340 control sections of cables 110, 120, figs. 12, 15).
With respect to claim 63, Burbank et al. ‘954 disclose a first auxiliary yaw pulley disposed between the auxiliary pitch pulley and the second rotation shaft pulley (yaw pulley 462 disposed between pitch pulley 452 and yaw pulley 414, fig. 15), wherein the first auxiliary yaw pulley has an axis parallel to an axis of the second rotation shaft pulley (yaw pulley 462 and yaw pulley 414 have parallel axes, fig. 12), the first auxiliary yaw pulley being configured to control the paths of the first forward- moving wire and the second forward-moving wire (sections of cables 110, 112 controlled by yaw pulley 462, fig. 15).
With respect to claim 64, Burbank et al. ‘594 disclose a second auxiliary yaw pulley disposed on a side of the yaw pulley (yaw pulleys 462 disposed on opposite sides of yaw pulley 414, fig. 12), which is opposite to a side of the yaw pulley in which the first auxiliary yaw pulley is disposed (fig. 12), wherein the second auxiliary yaw pulley has an axis parallel to the axis of the second rotation shaft pulley (yaw pulleys 462 and yaw pulley 414 have parallel axes, fig. 12), the second auxiliary yaw pulley being configured to control the paths of the first forward-moving wire and the second forward-moving wire, wherein the yaw pulley is the second rotation shaft pulley (sections of cables 110, 112 controlled by yaw pulleys 462, fig. 15).
With respect to claim 66, Burbank et al. ‘954 disclose an operator configured to control an operation of the end tool (proximal actuation assembly 202, fig. 7A); and a connector configured to connect the operator to the end tool (shaft 206 connects the proximal actuation assembly 202 and the jaw assembly 210 of the end tool, fig. 7A).
Claims 6-8 and 11-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Timm et al. (US Patent Publ. No. 2008/0308607).
With respect to claim 6, Timm et al. disclose an end tool (fig. 1) comprising: a jaw configured to accommodate at least one region of an operation member that is movable in at least one direction (jaw 120 that accommodates knife assembly 170 including dynamic clamping member 150 and sled 160, fig. 2); a fixed pulley disposed closer to a distal end of the jaw than the operation member (fixed pulleys 830, 850, figs. 10-12); and a forward-moving wire connected to a fixed region of the jaw (cable 800 with anchor segment 802 fixed at attachment 803 to the bottom 128 of channel 120, figs. 10-12), wherein the forward-moving wire is configured to be rerouted in response to the fixed pulley and rerouted again by a support guide of the operation member (cable 800 is routed around pulley 830 and rerouted around pulley 840, figs. 10-12), wherein the forward-moving wire is further configured to transmit a force to the operation member and to move at least one region of the forward-moving wire toward a proximal end of the jaw to transmit a driving force to move the operation member forward toward the distal end of the jaw (activation portion 804 of cable 800 moves proximally as knife assembly 170 moves distally, figs. 10-12, [0150]-[0152]).
With respect to claim 7, Timm et al. disclose the fixed region to which the forward-moving wire is fixed is disposed between the fixed pulley and the operation member (attachment 803 is positioned between the pulley 830 and the knife assembly 170, figs. 10-12).
With respect to claim 8, Timm et al. disclose the fixed region is disposed between a region of the forward-moving wire directed to the fixed pulley and a region of the forward-moving wire directed to the support guide of the operation member from the fixed pulley (attachment 803 is positioned between sections of the moving portion 805 of the cable 800 directed to the pulley 830 and directed to the pulley 840, figs. 10-12).
With respect to claim 11, Timm et al. disclose the fixed region is disposed outside both a region of the forward-moving wire directed toward the fixed pulley and a region of the forward-moving wire directed toward the support guide of the operation member from the fixed pulley (figs. 10-12). The attachment 803 is positioned laterally of the portions of the cable 800 directed toward the fixed pulley and a region wire directed toward the support guide, and is therefore considered to be outside both a region of the forward-moving wire directed toward the fixed pulley and a region of the forward-moving wire directed toward the support guide of the operation member from the fixed pulley.
With respect to claim 12, Timm et al. disclose when the operation member moves forward, one region of the forward-moving wire, which is wound around the support guide and directed toward the fixed pulley, is configured to move toward the distal end of the jaw (moving portion 805 of cable 800 moves distally as the knife assembly 170 moves distally, figs. 10-12, [0150]-[0152]), and another region of the forward-moving wire, which does not correspond to the support guide and is directed to the fixed pulley, is configured to move toward the proximal end of the jaw (activation portion 804 of cable 800 moves proximally as the knife assembly 170 moves distally, figs. 10-12, [0150]-[0152]),.
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 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Burbank ‘865 in view of Olson et al. (US Patent Publ. No. 2019/0209166).
With respect to claim 2, Burbank ‘865 discloses one region of the forward-moving wire is connected and fixed to one region of the operation member (section of cable 110 moves distally and is secured to anchor point 266, fig. 13), and wherein another region of the forward-moving wire is disposed in a wire path that passes through front and rear sides of the operation member (section of cable 110 is disposed in tubular guide channel 105-2 that passes through the front and rear of the transverse beam portion 260 of the slider beam, figs. 9A, 13).
Burbank ‘865 fails to disclose the region of the forward-moving wire is connected and fixed to a front surface of the operation member facing a forward-moving direction.
Olson et al. disclose an end tool comprising an operation member (sled 160) and a forward-moving wire (cable 700a) that is connected and fixed to a front surface of the operation member facing a forward-moving direction (cable 700a is fixed via the pins 610 to the front surface of the sled 160, figs. 7C, 12A).
It 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 to modify the Burbank ‘865 device to replace the mounting of the wire at the rear of the operation member with the mounting of the wire at the front surface of the operation member as taught by Olson et al., since mounting the wire at the front surface instead of the rear would involve only a repositioning of the elements of the device, and since there does not appear to be any particular disclosed mechanical advantage to having the wire mounted on the front surface of the operation member. MPEP 2144.04 VI. C.
With respect to claim 3, Burbank discloses the wire path (tubular guide channel 105-2 that passes through the front and rear of the transverse beam portion 260 of the slider beam, figs. 9A, 13), which is configured to pass therethrough the forward-moving wire (cable 110), is defined in a body of the operation member at a side portion protruding from both sides of the body (transverse beam portion 260, fig. 9A), the side portion having a predetermined width larger than the body of the operation member (transverse beam portion 260 is wider than cross-beam portion 258, fig. 9A).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Burbank et al. ‘954 in view of Olson et al. (US Patent Publ. No. 2019/0209166).
With respect to claim 4, Burbank et al. ‘954 disclose the fixed pulley is disposed to be inclined (pulleys 310, 312 lie flat on bottom wall 224 and are thus inclined with respect to the side walls 225, fig. 11), wherein one region of the forward-moving wire is connected to one region of the operation member (sections of cables 110, 112 move distally and are connected via crimps 406 to the slider beam 104, fig. 12, [0045], [0046]), and wherein another region of the forward-moving wire is disposed at one outer side of a body of the operation member (portion of cable 110 passes above the cantilever beam 276, portion of cable 112 passes below the cantilever beam 274, figs. 12, 13, [0058]).
Burbank et al. ‘954 fail to disclose the region of the forward-moving wire is connected to a front surface of the operation member facing a forward-moving direction.
Olson et al. disclose an end tool comprising an operation member (sled 160) and a forward-moving wire (cable 700a) that is connected and fixed to a front surface of the operation member facing a forward-moving direction (cable 700a is fixed via the pins 610 to the front surface of the sled 160, figs. 7C, 12A).
It 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 to modify the Burbank et al. ‘954 device to replace the mounting of the wire at the center of the operation member with the mounting of the wire at the front surface of the operation member as taught by Olson et al., since mounting the wire at the front surface instead of the center would involve only a repositioning of the elements of the device, and since there does not appear to be any particular disclosed mechanical advantage to having the wire mounted on the front surface of the operation member. MPEP 2144.04 VI. C.
Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Timm et al. in view of Burbank ‘865.
With respect to claim 9, Timm et al. fail to disclose the forward-moving wire is configured to pass through a wire path, which passes through front and rear sides of the operation member, the forward-moving wire being directed toward the fixed pulley.
Burbank ‘865 disclose an end tool including a forward-moving wire configured to pass through a wire path which passes through front and rear sides of the operation member (cable 110) that passes through a wire path through front and rear sides of an operation member (figs. 12-13), the wire being directed toward a fixed pulley (figs. 12-13).
It 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 to modify the Timm et al. device to include the forward-moving wire is configured to pass through a wire path, which passes through front and rear sides of the operation member, the forward-moving wire being directed toward the fixed pulley, as taught by Burbank ‘865, to protect the cable and positively guide the cable.
With respect to claim 10, Timm et al. disclose the support guide of the operation member is disposed on an inner side of the operation member (pulley 840 disposed on side of knife assembly 170, figs. 10-12). The Timm et al. end tool is a handheld device which can be held in any position, including a position in which the pulley 840 is disposed on the inner side of the knife assembly 170.
Timm et al. fail to disclose after passing through the wire path and being directed toward the fixed pulley, the forward-moving wire is configured to be rerouted through the fixed pulley to enter a first path of the operation member and then emerge from a second path of the operation member after being correspondingly wound around the support guide to be fixed in the fixed region.
Burbank ‘865 disclose an end tool including a forward-moving wire configured to pass through a wire path (cable 110), directed toward a fixed pulley (figs. 12-13), being rerouted through a second path in the operation member (figs. 12-13).
It 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 to modify the Timm et al. device to include after passing through the wire path and being directed toward the fixed pulley, the forward-moving wire is configured to be rerouted through the fixed pulley to enter a first path of the operation member and then emerge from a second path of the operation member after being correspondingly wound around the support guide to be fixed in the fixed region, as taught by Burbank ‘865, to protect the cable and positively guide the cable.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Burbank et al. ‘954 in view of Aronhalt et al. (US Patent Publ. No. 2014/0097227).
With respect to claim 14, Burbank et al. ‘954 disclose the upper surface of the second jaw includes a protrusion and thus has a shape curved on both sides of the upper surface (cover 251 protrudes from back side of anvil 220 and forms curved shape, fig. 7:, [0036]), wherein the first clamp is curved to correspond to the protrusion of the second jaw (curved upper surface of transverse beam portion 260, fig. 10), and wherein the second clamp is curved (curved lower surface of transverse beam portion 262, fig. 10).
Burbank et al. ‘954 fail to disclose the lower surface of the first jaw includes a protrusion and thus has a shape curved on both sides of the lower surface.
Aronhalt et al. disclose an end tool including a jaw (fig. 1) and having a lower surface of a first jaw including a protrusion having a curved shape on both sides of the lower surface (fig. 23) and a clamp that is curved to correspond to the protrusion of the jaw (fig. 23).
It 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 to modify the Burbank et al. ‘954 device to include the lower surface of the first jaw includes a protrusion and thus has a shape curved on both sides of the lower surface as taught by Aronhalt et al., to provide an outer shape to the jaws that is gentle on the patient.
Claims 22-25, 28-29 and 32 are rejected under 35 U.S.C. 103 as being unpatentable over Burbank et al. ‘954 in view of Timm et al.
With respect to claim 22, Burbank et al. ‘954 fail to disclose a rotation shaft of the first fixed pulley and a rotation shaft of the second fixed pulley are disposed not to be parallel to each other.
Timm et al. disclose first and second fixed pulleys that are not parallel to each other (fig. 13).
It 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 to modify the Burbank et al. ‘954 device to replace the parallel fixed pulleys with non-parallel fixed pulleys as taught by Timm et al., since changing the orientation of the fixed pulleys from parallel to non-parallel would involve only a repositioning of the elements of the device. MPEP 2144.04.VI. C.
With respect to claim 23, Burbank et al. ‘594 fail to disclose the first fixed pulley and the second fixed pulley have a gap therebetween that decreases in a downward direction with respect to a thickness direction of the jaw.
Timm et al. disclose first and second fixed pulleys that have a gap therebetween that decreases in a downward direction with respect to a thickness direction of the jaw (fig. 13).
It 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 to modify the Burbank et al. ‘954 device to replace the parallel fixed pulleys with fixed pulleys that have a gap therebetween that decreases in a downward direction with respect to a thickness direction of the jaw as taught by Timm et al., since changing the orientation of the fixed pulleys would involve only a repositioning of the elements of the device. MPEP 2144.04.VI. C.
With respect to claim 24, Burbank et al. ‘594 fail to disclose the jaw includes a first side surface and a second side surface, which have an inclined shape and face each other, and wherein the first fixed pulley and the second fixed pulley are disposed on the first side surface and the second side surface of the jaw, respectively.
Timm et al. disclose first and second fixed pulleys, and the jaw includes a first side surface and a second side surface, which have an inclined shape and face each other, and wherein the first fixed pulley and the second fixed pulley are disposed on the first side surface and the second side surface of the jaw, respectively (fig. 13).
It 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 to modify the Burbank et al. ‘954 device to replace the parallel fixed pulleys with fixed pulleys and the jaw includes a first side surface and a second side surface, which have an inclined shape and face each other, and wherein the first fixed pulley and the second fixed pulley are disposed on the first side surface and the second side surface of the jaw, respectively, as taught by Timm et al., since changing the orientation of the fixed pulleys would involve only a repositioning of the elements of the device. MPEP 2144.04.VI. C.
With respect to claim 25, Burbank et al. ‘954 fail to disclose the first fixed pulley and the second fixed pulley are disposed on the first side surface and the second side surface of the jaw, respectively, to be symmetrical to each other with respect to one center line of the jaw.
Timm et al. disclose the first fixed pulley and the second fixed pulley are disposed on the first side surface and the second side surface of the jaw, respectively, to be symmetrical to each other with respect to one center line of the jaw (fig. 13).
It 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 to modify the Burbank et al. ‘954 device to replace the parallel fixed pulleys with the first fixed pulley and the second fixed pulley are disposed on the first side surface and the second side surface of the jaw, respectively, to be symmetrical to each other with respect to one center line of the jaw, as taught by Timm et al., since changing the orientation of the fixed pulleys would involve only a repositioning of the elements of the device. MPEP 2144.04.VI. C.
With respect to claim 28, Burbank et al. ‘954 fail to disclose a connection pulley is connected to the operation member and configured to move together with the operation member, and wherein each of the first forward-moving wire and the second forward-moving wire is connected to the connection pulley.
Timm et al. disclose a connection pulley is connected to the operation member and configured to move together with the operation member (pulley 840 connected to knife assembly 170, figs. 10-12), and wherein each of the first forward-moving wire and the second forward-moving wire is connected to the connection pulley (moving portions 805 are connected to pulley 840, figs. 10-12).
It 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 to modify the Burbank et al. ‘954 device to provide a connection pulley is connected to the operation member and configured to move together with the operation member, and wherein each of the first forward-moving wire and the second forward-moving wire is connected to the connection pulley, as taught by Timm et al., as the substitution of an art-recognized equivalent for the distal and proximal movement of an operation member in a stapler. MPEP 2144.06 II.
With respect to claim 29, Burbank et al. ‘954 fail to disclose a central axis of the connection pulley is corresponding to or parallel to a height direction of a body of the operation member.
Timm et al. disclose a connection pulley (pulley 840, figs. 10-12) having a central axis of the connection pulley is corresponding to or parallel to a height direction of a body of the operation member (figs. 10-12).
It 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 to modify the Burbank et al. ‘954 device to provide a central axis of the connection pulley is corresponding to or parallel to a height direction of a body of the operation member, as taught by Timm et al., as the substitution of an art-recognized equivalent for the distal and proximal movement of an operation member in a stapler. MPEP 2144.06 II.
With respect to claim 32, Burbank et al. fail to disclose the first fixed pulley and the second fixed pulley are respectively disposed on a first side surface and a second side surface of the first jaw, which correspond to the front space, the first side surface and the second side surface having a gap therebetween decreasing in a direction away from the second jaw.
Timm et al. disclose the first fixed pulley and the second fixed pulley are respectively disposed on a first side surface and a second side surface of the first jaw, which correspond to the front space, the first side surface and the second side surface having a gap therebetween decreasing in a direction away from the second jaw (fig. 13).
It 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 to modify the Burbank et al. ‘954 device to replace the parallel fixed pulleys with the first fixed pulley and the second fixed pulley are respectively disposed on a first side surface and a second side surface of the first jaw, which correspond to the front space, the first side surface and the second side surface having a gap therebetween decreasing in a direction away from the second jaw, as taught by Timm et al., since changing the orientation of the fixed pulleys would involve only a repositioning of the elements of the device. MPEP 2144.04.VI. C.
Allowable Subject Matter
Claims 30, 53, 58-61, and 65 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 the examiner’s reasons for the indication of allowable subject matter.
With respect to claim 30, the prior art fails to disclose or teach the apparatus of claim 28, wherein the connection pulley is disposed in a groove defined on one surface of a body of the operation member, and wherein, when a cartridge is disposed in the jaw, the connection pulley is disposed between a lower side surface of the cartridge and a bottom of the jaw.
With respect to claim 53, the prior art fails to disclose or teach the apparatus of claim 52, further comprising: a second auxiliary pitch pulley disposed on a side of the pitch pulley, which is opposite to a side of the pitch pulley in which the first auxiliary pitch pulley is disposed, wherein the second auxiliary pitch pulley has an axis parallel to the axis of the second rotation shaft pulley, the second auxiliary pitch pulley being configured to control the paths of the first forward-moving wire and the second forward-moving wire, wherein the pitch pulley is the second rotation shaft pulley.
With respect to claim 58, the prior art fails to disclose or teach the apparatus of claim 57, wherein a central axis corresponding to the third switching pulley and a central axis corresponding to the fourth switching pulley are parallel to each other, wherein a central axis corresponding to the first switching pulley and a central axis corresponding to the second switching pulley are parallel to each other, and wherein the central axis corresponding to the third switching pulley and the central axis corresponding to the fourth switching pulley respectively intersect the central axis corresponding to the first switching pulley and the central axis corresponding to the second switching pulley.
Claims 59-61 and 65 depend from claim 58, and would likewise be allowable.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Smith et al. (US Patent Publ. No. 2021/0275168), Knodel (US Patent Publ. No. 2016/0166253), Abbott et al. (US Patent Publ. No. 2015/0250474), Spivey et al. (US Patent Publ. No. 2014/0291383), and Yu (CN 113693657) disclose a cable driven operation member.
Morgan et al. (US Patent Publ. No. 2020/0029962) disclose an end tool.
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/LINDA J. HODGE/Examiner, Art Unit 3731