DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16th, 2013 is being examined under the first inventor to file provisions of the AIA .
Claim Rejections – 35 USC §102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Spivey (US 2014/0291383 A1).
Regarding claim 1, Spivey discloses a surgical stapler (Figure 1A) comprising an intermediate connecting member (Figures 1A, #12), an end effector assembly (Figure 1A, #16), a first bending tension member (Figure 2, #34A), and a second bending tension member (Figure 2, #34C);
wherein the intermediate connecting member (#12) comprises a first channel (Figure 2 illustrates the first bending tension member #34A is located within a first channel) and a second channel (Figure 2 illustrates the second bending tension member #34C is located within a second channel);
the first bending tension member is configured to pass through the first channel (Figure 2 illustrates the first bending tension member #34A is located within a first channel) to connect to the end effector assembly (Shown in figures 1-3); the second bending tension member is configured to pass through the second channel (Figure 2 illustrates the second bending tension member #34C is located within a second channel) to connect to the end effector assembly (Shown in figures 1-3); a first protruding structure (Shown in figure 2 as the structure provided close to the central channel upon which #34A rests) is provided on a side of the first channel (Shown in figure 2) close to the second channel (Shown in figure 2);when the second bending tension member (Figure 2, #34C) is forced to pull the end effector assembly to bend along a second direction (Described in ¶s' [0179] - [0183]), the first bending tension member passively contacts the first protruding structure, expanding along a first direction to generate additional tension force (Shown in figure 2 and described in ¶'s [0179] - [0185]).
Regarding claim 2, Spivey further discloses wherein a second protruding structure is provided on a side of the second channel close to the first channel (Shown in figure 2 as the structure provided close to the central channel upon which #34C rests);
when the first bending tension member is forced to pull the end effector assembly to bend along the first direction, the second bending tension member passively contacts the second protruding structure, expanding along the second direction to generate additional tension force (Shown in figure 2 and described in ¶'s [0179] - [0185]).
Regarding claim 3, Spivey further discloses wherein, when the end effector assembly is not bent, the first bending tension member contacts the first protruding structure, expanding along the first direction to generate additional tension force (Shown in figures 2 and 3A);
the second bending tension member contacts the second protruding structure, expanding along the second direction to generate additional tension force (Shown in figures 2 and 3A).
Regarding claim 4, Spivey further discloses wherein the tension force generated by the first bending tension member and the tension force generated by the second bending tension member are kept in balance (Shown in figure 2 and described in ¶'s [0179] - [0185]).
Regarding claim 5, Spivey further discloses wherein the intermediate connecting member (Figures 1 and 2, #12) is a one-piece structure (Shown in figures 1 and 2);
the first channel or the second channel is respectively continuous (Figure 2 illustrates that the channels are continuous);
the side of the first channel close to the second channel is integrally formed as the first protruding structure (Shown in figure 2);
the side of the second channel close to the first channel is integrally formed as the second protruding structure (Shown in figure 2).
Regarding claim 6, Spivey further discloses wherein the intermediate connecting member is a multi-piece assembly structure (Shown in figures 1B, 2, and 3A);
the first channel comprises a plurality of first sub-channels (Figure 2 illustrates that the identified first channel comprises multiple channels between each gap #26);
the second channel comprises a plurality of second sub-channels (Figure 2 illustrates that the identified second channel comprises multiple channels between each gap #26);
a side of any of the first sub-channels close to the second sub-channels is provided with the first protruding structure (Shown in figure 2);
a side of any of the second sub-channels close to the first sub-channels is provided with the second protruding structure (Shown in figure 2).
Regarding claim 7, Spivey further discloses wherein, when the first bending tension member is forced to pull the end effector assembly to bend along the first direction, the first bending tension member is positioned on a side of the first channel away from the second channel (Shown in figures 2, 3A, and 8B; and further described in and described in ¶'s [0179] - [0185]);
when the second bending tension member is forced to pull the end effector assembly to bend along the second direction, the second bending tension member is positioned on a side of the second channel away from the first channel (Shown in figures 2, 3A, and 8C; and further described in and described in ¶'s [0179] - [0185]).
Regarding claim 8, Spivey further discloses wherein, when the first bending tension member is forced to pull the end effector assembly to bend along the first direction, an amount of deformation of the first bending tension member is less than an amount of deformation of the second bending tension member (Shown in figures 2, 3A, and 8B; and further described in and described in ¶'s [0179] - [0185]);
when the second bending tension member is forced to pull the end effector assembly to bend along the second direction, the amount of deformation of the second bending tension member is less than the amount of deformation of the first bending tension member (Shown in figures 2, 3A, and 8C; and further described in and described in ¶'s [0179] - [0185]).
Regarding claim 9, Spivey further discloses wherein the intermediate connecting member is elastic (Figures 1A-2 illustrate that the intermediate connecting member is elastic);
when the end effector assembly bends along the first direction, the intermediate connecting member is compressed on a side facing the first direction to provide supporting force and stretches on a side facing the second direction (Shown in figures 2, 3A, and 8B; and further described in and described in ¶'s [0179] - [0185]);
when the end effector assembly bends along the second direction, the intermediate connecting member is compressed on the side facing the second direction (D2) to provide supporting force and stretches on the side facing the first direction (Shown in figures 2, 3A, and 8C; and further described in and described in ¶'s [0179] - [0185]).
Regarding claim 10, Spivey further discloses a handle assembly (Figures 1A-1B, #14 & figure 22);
wherein the handle assembly (Figure 22) comprises a drive assembly (Figure 22, #1010);
the first bending tension member and the second bending tension member are respectively connected to the drive assembly (Described in ¶'s [0179] - [0185] & [0216] - [0220]);
the drive assembly is configured to tighten the first bending tension member and loosen the second bending tension member, thereby driving the end effector assembly to bend along the first direction (Shown in figures 1-3A and 8B. Described in ¶'s [0179] - [0185] & [0216] - [0220]);
the drive assembly is configured to tighten the second bending tension member and loosen the first bending tension member, thereby driving the end effector assembly to bend along the second direction (Shown in figures 1-3A and 8C. Described in ¶'s [0179] - [0185] & [0216] - [0220]).
Regarding claim 11, Spivey further discloses wherein the tension force generated by the first bending tension member and the tension force generated by the second bending tension member are kept in balance (Shown in figure 2 and described in ¶'s [0179] - [0185]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
He (CN 116747025) and Ikeda (US 2006/0199999 A1) both teach relevant aspects of a surgical instrument comprising a flexible intermediate member controlled by tension members provided through channels.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACOB A SMITH whose telephone number is (571) 272-3974 and email address is Jacob.Smith@uspto.gov. The examiner can normally be reached on M-F 7:30AM - 5:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna Kinsaul can be reached at (571) 270-1926. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JACOB A SMITH/Examiner, Art Unit 3731