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
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 (i.e., changing from AIA to pre-AIA ) 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 1-3, 8-17, 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hughett (US 2004/0097971 A1).
Regarding claim 1, Hughett discloses a clip applier (Fig. 1) configured to apply a surgical clip (Fig. 1A) to a tissue (para. [0053]), the clip applier comprising: a handle assembly 110; a shaft 280 extending from the handle assembly (Fig. 3); a tubular member 260 having a distal portion and a proximal portion (Fig. 2); a jaw assembly 375 including a first jaw member 378A and a second jaw member 378B configured to pivot between an open configuration and a closed configuration (para. [0078]), the first jaw member having a first proximal member 383B configured to fit inside the distal portion of the tubular member (Fig. 8A), and the second jaw member having a second proximal member 385B configured to fit inside the distal portion of the tubular member (Fig. 8A); wherein the tubular member is configured to longitudinally move over the first and second proximal members (para. [0067]), such that the first and second jaw members pivot to the open configuration when the tubular member is longitudinally retracted (para. [0067]), and the first and second jaw members pivot to the closed configuration when the tubular member is longitudinally advanced (para. [0067]).
Regarding claim 2, Hughett discloses the clip applier according to claim 1. Hughett also discloses wherein the handle assembly includes a first handle 150A member and a second handle member 150B, and wherein pivoting of the second handle member relative to the first handle member (para. [0072]) causes longitudinal advancement of the tubular member (para. [0074]).
Regarding claim 3, Hughett discloses the clip applier according to claim 1. Hughett also discloses further comprising a connector 320 having a proximal end received in the proximal portion of the tubular member (i.e., at least since it is disposed in a position that is more proximal than the distal end as shown in Fig. 4).
Regarding claim 8, Hughett discloses the clip applier according to claim 3. Hughett also discloses wherein the connector is fixedly secured to the shaft (Fig. 3; para. [0069]).
Regarding claim 9, Hughett discloses the clip applier according to claim 1. Hughett also discloses further comprising a first biasing member configured to bias the first jaw member to the open configuration (paras. [0065], [0078] i.e., each arm comprises a spring-bias, but also includes 320 such that one of 421A/421B of 320 could act as the biasing member).
Regarding claim 10, Hughett discloses the clip applier according to claim 9. Hughett also discloses wherein the first biasing member (i.e., one of 421A/421B of 320) includes a distal end overlapping a first proximal extension of the first jaw member to bias the first jaw member to the open configuration (i.e., at least because 320 is disposed in 280 and as disclosed in paras. [0082]-[0083] such that at least a portion of 320 at the distal end overlaps a portion of 387A/387B).
Regarding claim 11, Hughett discloses the clip applier according to claim 10. Hughett also discloses wherein the distal end of the tubular member includes a camming surface to cam the first and second jaw members into the closed configuration against the bias of the first biasing member (para. [0077]).
Regarding claim 12, Hughett discloses the clip applier according to claim 9. Hughett also discloses further comprising a second biasing member (i.e., one of 421A/421B and 385A/B) configured to bias the second jaw member to the open configuration (paras. [0065], [0078] i.e., each arm comprises a spring-bias).
Regarding claim 13, Hughett discloses the clip applier according to claim 12. Hughett also discloses wherein the second biasing member includes a distal end overlapping a second proximal extension of the second jaw member to bias the second jaw member to the open configuration (i.e., at least because 320 is disposed in 280 and as disclosed in paras. [0082]-[0083] such that at least a portion of 320 at the distal end overlaps a portion of 387A/387B).
Regarding claim 14, Hughett discloses the clip applier according to claim 13. Hughett also discloses wherein the distal end of the tubular member includes a camming surface to cam the first and second jaw members into the closed configuration against the bias of the first and second biasing members (para. [0077]).
Regarding claim 15, Hughett discloses the clip applier according to claim 14. Hughett also discloses wherein the first and second biasing members contact an angled surface of the respective first and second proximal extensions in both the open configuration and the closed configuration to bias the jaw assembly to the open configuration (i.e., at least a portion of 320 would contact 387A/387B such that at the contact point it would be an angled surface).
Regarding claim 16, Hughett discloses the clip applier according to claim 1. Hughett also discloses wherein each of the first and second proximal members have a width less than a distal length of each of the respective first and second jaw members (Fig. 7).
Regarding claim 17, Hughett discloses the clip applier according to claim 1. Hughett also discloses wherein a diameter of the distal portion of the tubular member is larger than a diameter of the proximal portion of the tubular member (i.e., at least as shown in Fig. 3, 262 which is larger than 266), the distal portion of the tubular member extending distally of the shaft (i.e., at least since 260 covers 280), and a proximal end of the distal portion of the tubular member configured to abut the distal portion of the shaft when the jaw assembly is in the open configuration (i.e., at least since 262 and 280 would about against each other because 260 would be in the most retracted position).
Regarding claim 19, Hughett discloses the clip applier according to claim 1. Hughett also discloses further comprising an actuator 182/184 extending through a lumen of the shaft (Fig. 3) and connected to the handle assembly (paras. [0067]-[0068]), the actuator configured to actuate movement of the tubular member (para. [0067]).
Regarding claim 20, Hughett discloses the clip applier according to claim 19. Hughett also discloses wherein the proximal portion of the tubular member is configured to receive a portion of the actuator and/or mate one or more radial projections of the actuator (para. [0067]; i.e., Fig. 3) with one or more proximal slots 266/268 in or on the proximal portion of the tubular member (para. [0067]).
Claims 1, 3-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by an alternate interpretation of Hughett (US 2004/0097971 A1).
Regarding claim 1, Hughett discloses a clip applier (Fig. 1) configured to apply a surgical clip (Fig. 1A) to a tissue (para. [0053]), the clip applier comprising: a handle assembly 110; a shaft 330 extending from the handle assembly (Fig. 3); a tubular member 260 having a distal portion and a proximal portion (Fig. 2); a jaw assembly 375 including a first jaw member 378A and a second jaw member 378B configured to pivot between an open configuration and a closed configuration (para. [0078]), the first jaw member having a first proximal member 383B configured to fit inside the distal portion of the tubular member (Fig. 8A), and the second jaw member having a second proximal member 385B configured to fit inside the distal portion of the tubular member (Fig. 8A); wherein the tubular member is configured to longitudinally move over the first and second proximal members (para. [0067]), such that the first and second jaw members pivot to the open configuration when the tubular member is longitudinally retracted (para. [0067]), and the first and second jaw members pivot to the closed configuration when the tubular member is longitudinally advanced (para. [0067]).
Regarding claim 3, Hughett discloses the clip applier according to claim 1. Hughett also discloses further comprising a connector 280 having a proximal end received in the proximal portion of the tubular member (i.e., at least since it is disposed inside of 260 as shown in Fig. 3).
Regarding claim 4, Hughett discloses the clip applier according to claim 3. Hughett also discloses wherein the first proximal member of the first jaw member is pivotably secured to a distal portion of the connector by a first pivot pin (i.e., 401A around mounting feature 307 as disclosed by para. [0078])), and the second proximal member of the second jaw member is pivotably secured to the distal portion of the connector by a second pivot pin (401B around 309 as disclosed by para. [0078]).
Regarding claim 5, Hughett discloses the clip applier according to claim 4. Hughett also discloses wherein the first proximal member of the first jaw member includes a first proximal extension (387A of Fig. 7) proximal of the first pivot pin (Fig. 7) and angled relative to a longitudinal axis of the connector (Fig. 7 shows an angle at least via the notch), and the second proximal member of the second jaw member includes a second proximal extension 387B proximal of the second pivot pin (Fig. 7) and angled relative to the longitudinal axis of the connector (Fig. 7 shows an angle at least via the notch).
Regarding claim 6, Hughett discloses the clip applier according to claim 5. Hughett also discloses wherein the first and second proximal extensions straddle the distal portion of the connector (Fig. 3).
Regarding claim 7, Hughett discloses the clip applier according to claim 4. Hughett also discloses wherein the first and second pivot pins are disposed on opposing vertical sides of a longitudinal axis of the connector (Fig. 3).
Claims 1, 9, 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Blake, III (US 2016/0106434 A1).
Regarding claim 1, Blake discloses a clip applier (Fig. 1) configured to apply a surgical clip (para. [0092]) to a tissue, the clip applier comprising: a handle assembly 12; a shaft 26a extending from the handle assembly (Fig. 4, 10a-10c); a tubular member 14 having a distal portion and a proximal portion (Fig. 3); a jaw assembly 40 including a first jaw member (i.e., as shown as 4g in Fig. 11) and a second jaw member (i.e., as shown as 4g in Fig. 11) configured to pivot between an open configuration and a closed configuration (para. [0103] see also Figs. 3-4), the first jaw member having a first proximal member 40g configured to fit inside the distal portion of the tubular member (Figs. 3-4), and the second jaw member having a second proximal member 40g configured to fit inside the distal portion of the tubular member (Fig. 8A); wherein the tubular member is configured to longitudinally move over the first and second proximal members (i.e., at least since the pulling members are longitudinally movable such that the tubular member moves longitudinally relative to the pull member and jaws and as disclosed in para. [0078]), such that the first and second jaw members pivot to the open configuration when the tubular member is longitudinally retracted (Fig. 3 shows the pull bar in the most distal position such that 14 is retracted relative to Fig. 4), and the first and second jaw members pivot to the closed configuration when the tubular member is longitudinally advanced (Fig. 4 shows the pull bar in the most proximal position such that 14 is advanced relative to Fig. 3).
Regarding claim 9, Blake discloses the clip applier according to claim 1. Blake also discloses further comprising a first biasing member configured to bias the first jaw member to the open configuration (paras. [0102], [0103] i.e., each arm comprises a spring-bias such that the biasing member is arm 40c/40d).
Regarding claim 18, Blake discloses the clip applier according to claim 9. Blake also discloses wherein the proximal portion of the tubular member is configured to be slideably received in a lumen of the shaft (Fig. 10a).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RACHAEL LYNN GEIGER whose telephone number is (571)272-6196. The examiner can normally be reached Mon-Fri 8:00am-5:00pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Darwin Erezo can be reached at 5712724695. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RACHAEL L GEIGER/ Examiner, Art Unit 3771
