DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
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.
Claim 1-4, 6-7, 14-16 is rejected under 35 U.S.C 102(a)(1) as being anticipated by Strobl et al. (US 20160270842) herein referred to as Strobl.
Regarding claim 1, SMITH discloses A surgical instrument (Figure 2), comprising: a housing (Figure 2, 26); an end effector assembly distally spaced from the housing (Figure 2, 16), the end effector assembly including first and second jaw members (Figure 2, 42 & 44), at least one of the first or second jaw members movable relative to the other between a spaced apart position and an approximated position (Paragraph [0004]; wherein the first jaw member is movable relative to the second jaw member from an open position to a closed position to grasp a tissue positioned between the first and second jaw members); an elongate drive extending from the housing to the end effector assembly (Figure 2, 14), the elongate drive coupled to the at least one of the first or second jaw members such that translation of the elongate drive moves the at least one of the first or second jaw members relative to the other (Paragraph [0065]); a movable handle coupled to the housing and movable relative to the housing between an un-actuated position and an actuated position (Figure 2, 30; Paragraph [0067]); and a drive mechanism at least partially disposed within the housing (Figure 7), the drive mechanism including: a first four-bar mechanical linkage assembly (See annotated Figure 7 below, 30, 46 & 52), wherein the movable handle defines or is coupled to a handle linkage of the first four-bar mechanical linkage assembly (Figure 7, 30); and a second four-bar mechanical linkage assembly (See annotated Figure 7 below), wherein a drive linkage of the second four-bar mechanical linkage assembly is coupled to the elongate drive such that movement of the drive linkage of the second four-bar mechanical linkage assembly translates the elongate drive (Figure 7, 50, Paragraph [0078]; wherein drivage linkage 50 is coupled to the shaft that such it assist in movement of the end effector towards the closed position), wherein the first and second four-bar mechanical linkage assemblies are coupled to one another (See annotated Figure 7), thereby coupling the movable handle with the elongate drive such that movement of the movable handle from the un-actuated position towards the actuated position translates the elongate drive to thereby move the at least one of the first or second jaw members from the spaced- apart position towards the approximated position (Paragraph [0074]).
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Regarding claim 2, Strobl discloses the surgical instrument of claim 1, wherein the first and second four-bar mechanical linkage assemblies are configured such that movement of the movable handle in a rotational direction drives rotation of the drive linkage of the second four-bar mechanical linkage assembly in the same rotational direction (Figure 2; Paragraph [0074]; wherein movable hand rotates in direction C which moves drive linkage 50 in the same counter clock-wise direction).
Regarding claim 3, Strobl discloses the surgical instrument of claim 1, wherein the first and second four-bar mechanical linkage assemblies are configured such that movement of the movable handle in a direction translates the elongate drive in the same direction (Figure 2; Paragraph [0074]; wherein movable hand rotates in direction C which moves drive linkage 50 which translates to the elongated drive in the same counter clock-wise direction).
Regarding claim 4, Strobl discloses the surgical instrument of claim 1, wherein the first and second four-bar mechanical linkage assemblies share a common pivot, the common pivot coupling the first and second four-bar mechanical linkage assemblies with one another (See annotated Figure 7 below)
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Regarding claim 6, Strobl discloses the surgical instrument of claim 4, wherein a linkage of each of the first and second four-bar mechanical linkage assemblies is pivotably coupled to the common pivot (See annotated Figure 7 below).
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Regarding claim 7, Strobl discloses wherein the linkages of the first and second four-bar mechanical linkage assemblies are disposed in fixed orientation relative to one another (Figure 7; wherein in the un-actuated state they are fixed in the orientation relative to each other as seen in Figure 7).
Regarding claim 14, Strobl discloses the surgical instrument of claim 1, wherein the drive mechanism further includes a mandrel coupled to the elongate drive (Figure 3, 82), wherein the drive linkage is coupled to the mandrel such that movement of the drive linkage of the second four-bar mechanical linkage assembly translates mandrel to thereby translate the elongate drive (Paragraph [0078]; wherein the advancement of the yoke 50 toward the end effector 16 causes the closure actuator 82 to advance distally toward the end effector 16.).
Regarding claim 15, Strobl discloses the surgical instrument of claim 14, wherein the mandrel is coupled to the elongate drive by a compression spring of the drive mechanism such that translation of the mandrel applies force to the compression spring which, in turn, applies force to the elongate drive (Figure 3, 84; Paragraph [0078]; wherein he distal portion of the closure actuator 82 is sized to be received within the closing spring 84 and the proximal portion of the closure actuator 82 is sized to compress the closing spring 84, such that the closure actuator 82 operates on the closing spring 84).
Regarding claim 16, Strobl discloses the surgical instrument of claim 1, wherein the movable handle defines the handle linkage of the first four-bar mechanical linkage assembly (See annotated Figure 7 below)
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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.
Claim 5, 8-11 & 17-20 is rejected under 35 U.S.C 103 as being unpatentable over Strobl in view of Dycus et al. (US 20180206907 herein referred to as Dycus.
Regarding Claim 5, Strobl discloses the surgical instrument according to claim 4.. However, Strobl does not explicitly disclose wherein the common pivot is fixed relative to the housing.
Dycus discloses a surgical instrument (Figure 1A) wherein a common pivot is fixed relative to the housing (Figure 23, 37). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the common pivot taught by Strobl to be fixed relative to the housing. The motivation being to allow for a fixed point of rotation for each pivoting member (Dycus, Paragraph [0126]).
Regarding Claim 8, Strobl discloses the surgical instrument according to claim 1. However, Strobl does not explicitly disclose does not explicitly disclose wherein the first four-bar mechanical linkage assembly includes a fixed linkage and three movable linkages, and wherein the handle linkage is one of the three movable linkages.
Dycus discloses a surgical instrument (Figure 1A) wherein the four-bar mechanical linkage assembly includes a fixed linkage (Paragraph [0088]; wherein the fixed linkage is base link of fixed handle 50) and three movable linkages (Figure 21, 40, 65 & 36), and wherein the handle linkage is one of the three movable linkages (Figure 21, 40). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the first four-bar mechanical linkage assembly to be structured as taught by Dycus. The motivation being this structure allows for the four-bar assembly to maintain tissue pressures within the above working ranges (Dycus, Paragraph [0173]).
Regarding Claim 9, Strobl in view of Dycus disclose the surgical instrument of claim 8. Dycus also discloses wherein the housing defines the fixed linkage of the first four-bar mechanical linkage assembly (Paragraph [0088]; wherein the fixed linkage is base link of fixed handle 50 which is a part of the housing). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the first fixed linkage as taught by Strobl in view of Dycus to be a part of the housing as taught by Dycus. The motivation being this structure allows for the four-bar assembly to maintain tissue pressures within the above working ranges (Dycus, Paragraph [0173]).
Regarding Claim 10, Strobl discloses the surgical instrument according to claim 1. However, Strobl does not explicitly disclose does not explicitly disclose wherein the second four-bar mechanical linkage assembly includes a fixed linkage and three movable linkages, and wherein the handle linkage is one of the three movable linkages.
Dycus discloses a surgical instrument (Figure 1A) wherein the four-bar mechanical linkage assembly includes a fixed linkage (Paragraph [0088]; wherein the fixed linkage is base link of fixed handle 50) and three movable linkages (Figure 21, 40, 65 & 36), and wherein the handle linkage is one of the three movable linkages (Figure 21, 40). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the second four-bar mechanical linkage assembly to be structured as taught by Dycus. The motivation being this structure allows for the four-bar assembly to maintain tissue pressures within the above working ranges (Dycus, Paragraph [0173]).
Regarding Claim 11, Strobl in view of Dycus disclose the surgical instrument of claim 10. Dycus also discloses wherein the housing defines the fixed linkage of the first four-bar mechanical linkage assembly (Paragraph [0088]; wherein the fixed linkage is base link of fixed handle 50 which is a part of the housing). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the first fixed linkage as taught by Strobl in view of Dycus to be a part of the housing as taught by Dycus. The motivation being this structure allows for the four-bar assembly to maintain tissue pressures within the above working ranges (Dycus, Paragraph [0173]).
Regarding claim 12, Strobl discloses the surgical instrument according to claim 1. However, Strobl does not explicitly disclose wherein the movable handle is pivotably coupled to the housing about a fixed pivot of the first four-bar mechanical linkage assembly.
Dycus discloses a surgical instrument (Figure 1A) wherein the movable handle is pivotably coupled to the housing about a fixed pivot of the first four-bar mechanical linkage assembly (Figure 23, 37). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the pivot taught by Strobl to be fixed relative to the housing. The motivation being to allow for a fixed point of rotation for each pivoting member such as the handle (Dycus, Paragraph [0126]).
Regarding claim 13, Strobl discloses the surgical instrument according to claim 1. However, Strobl does not explicitly disclose wherein the drive linkage is pivotably coupled to the housing about a fixed pivot of the second four-bar mechanical linkage assembly.
Dycus discloses a surgical instrument (Figure 1A) wherein the drive linkage is pivotably coupled to the housing about a fixed pivot of the four-bar mechanical linkage assembly (Figure 23, 36). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the pivot taught by Strobl to be fixed relative to the housing. The motivation being to allow for a fixed point of rotation for each pivoting member such as the drive linkage (Dycus, Paragraph [0126]).
Regarding claim 17, Strobl discloses Strobl discloses a surgical instrument (Figure 2), comprising: a housing (Figure 2, 26); an end effector assembly distally spaced from the housing, the end effector assembly including first and second jaw members (Figure 2, 42 & 44), at least one of the first or second jaw members movable relative to the other between a spaced apart position and an approximated position for grasping tissue therebetween (Paragraph [0004]; wherein the first jaw member is movable relative to the second jaw member from an open position to a closed position to grasp a tissue positioned between the first and second jaw members); an elongate drive extending from the housing to the end effector assembly (Figure 3, 14), the elongate drive coupled to the at least one of the first or second jaw members such that translation of the elongate drive moves the at least one of the first or second jaw members relative to the other (Paragraph [0065]); a movable handle coupled to the housing and movable relative to the housing between an un-actuated position and an actuated position (Figure 2, 30; Paragraph [0067]); and a drive mechanism at least partially disposed within the housing (Figure 7), the drive mechanism including a plurality of movable linkages coupled between the movable handle and the elongate drive such that movement of the movable handle from the un-actuated position towards the actuated position translates the elongate drive to thereby move the at least one of the first or second jaw members from the spaced-apart position towards the approximated position (Figure 7, 30, 46, 48, 50, 52), the plurality of movable linkages including: a handle linkage pivotably coupled to the housing about a first fixed pivot (Figure 7, 30); a drive linkage pivotably coupled to the housing about a second fixed pivot (Figure 7, 50); a first intermediate linkage coupled to the handle linkage (Figure 7, 46); a second intermediate linkage coupled to the drive linkage (Figure 7, 48); and first and second angled linkages (Figure 7, 52 & the link connected to 48 which is not labeled); However, Strobl does not explicitly disclose wherein the first and second angled linkages coupled between the first and second intermediate linkages and the first and second angled linkages pivotably coupled to the housing about a third fixed pivot and defining a fixed angle therebetween.
Dycus discloses a surgical instrument (Figure 1A) wherein the first and second angled linkages (Figure 23, 40 & 65) coupled between the first and second intermediate linkages (Figure 21, 92 & 36) and the first and second angled linkages pivotably coupled to the housing about a third fixed pivot and defining a fixed angle therebetween (Figure 21, 67a; wherein first and second angled linkages are pivotally coupled to the housing at third fixed pivot 67a, in which they will define a fixed angle between them). The motivation being to allow for a fixed point of rotation for each pivoting member such as the first and second angle linkages (Dycus, Paragraph [0126]).
Regarding claim 18, Strobl in view of Dycus disclose the surgical instrument of claim 17. Strobl also discloses wherein the plurality of movable linkages is configured such that movement of the movable handle in a rotational direction drives rotation of the drive linkage in the same rotational direction. (Figure 2; Paragraph [0074]; wherein movable hand rotates in direction C which moves drive linkage 50 in the same counter clock-wise direction).
Regarding claim 19, Strobl in view of Dycus disclose the surgical instrument of claim 17. Strobl also discloses herein the plurality of movable linkages is configured such that movement of the movable handle in a direction translates the elongate drive in the same direction (Figure 2; Paragraph [0074]; wherein movable hand rotates in direction C which moves drive linkage 50 which translates to the elongated drive in the same counter clock-wise direction).
Regarding claim 20, Strobl in view of Dycus disclose the surgical instrument of claim 17. Strobl also discloses wherein at least one of: the handle linkage, the first intermediate linkage, the first angled linkage, and the housing define a first four-bar mechanical linkage assembly (See annotated Figure 7 below); or the drive linkage, the second intermediate linkage, the second angled linkage, and the housing define a second four-bar mechanical linkage assembly (See annotated Figure 7 below).
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALYSSA M PAPE whose telephone number is (703)756-5947. The examiner can normally be reached M-F 7:30-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joanne Rodden can be reached at 303-297-4276. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ALYSSA M. PAPE
Examiner
Art Unit 3794
/JOANNE M RODDEN/Supervisory Patent Examiner, Art Unit 3794
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