`
`\...
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`PTO/SB/05 (08-08)
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`"I
`END5924USCNT2/060339CON2
`UTILITY
`PATENT APPLICATION
`TRANSMITTAL
`
`Frederick E. Shelton, IV
`
`DRIVE INTERFACE FOR OPERABL Y ...
`
`Attorney Docket No.
`
`First Inventor
`
`Title
`
`(Only for new nonprovisional applications under 37 CFR 1.53(b))
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`.,)
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`[Z] Other: Transmittal Accom12anying Continuation
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`A1212lication
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`of prior application No.: 1.3/.118,259. ................
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`/b
`, -
`- ....
`--UCl1nt..1~-C/ /""'J/4:,,
`(
`I '-
`Thom~s J, Edgington/'
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`""-
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`)
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`I Date February 9, 2012
`Registration No. I
`<Attornev/Aaent) 34,324
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`PTO/SB/17 (09-11)
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`0 Applicant claims small entity status. See 37 CFR 1.27
`\..TOTAL AMOUNT OF PAYMENT I($)
`1,870.00
`
`First Named Inventor Frederick E. Shelton, IV
`Examiner Name
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`Attorney Docket No.
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`END5924USCNT2/060339CON2
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`1. BASIC FILING, SEARCH, AND EXAMINATION FEES
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`Small Entitl!'.
`Small Entitl!'.
`Small Entity
`E.w.fil ~ ~ ~ ~ ~ Fees Paid til
`380
`190
`620
`250
`310
`125
`$1,25Q.QQ
`250
`125
`120
`160
`60
`80
`250
`125
`380
`200
`190
`100
`380
`190
`620
`750
`310
`375
`250
`125
`0
`0
`0
`0
`
`AQQlication T)!'.ge
`Utility
`Design
`Plant
`Reissue
`Provisional
`2. EXCESS CLAIM FEES
`Fee Descrietion
`Each claim over 20 (including Reissues)
`Each independent claim over 3 (including Reissues)
`Multiple dependent claims
`Extra Claims ~ Fee Paid m
`Total Claims
`20
`=
`-Q-
`-Q-
`- 20 or HP=
`X
`HP = highest number of total claims paid for. if greater than 20.
`Extra Claims ~ Fee Paid m
`lndeQ. Claims
`- 3 or HP =
`-Q-
`=
`2
`-Q-
`0
`X
`HP = highest number of independent claims paid for, if greater than 3.
`3. APPLICATION SIZE FEE
`If the specification and drawings exceed 100 sheets of paper (excluding electronically filed sequence or computer
`listings under 37 CFR l.52(e)), the application size fee due is $310 ($155 for small entity) for each additional 50
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`Total Sheets
`Extra Sheets
`Num er of each additional 50 or fraction thereof ~ Fee Paidm
`243 * . 75 = 183 - 100 =
`$620 QQ
`I 50 =
`$;31Q.QQ =
`(round up to a whole number) X
`83
`?
`4. OTHER FEE(S)
`Fees Paid m
`Non-English Specification, $130 fee (no small entity discount)
`Other (e.g., late filing surcharge):
`,.,,, n
`....k/fi,----~~ c?/o/...-kl-
`( n \
`Name (Print/Type) Thomas J. Edginglf>n
`
`()
`
`Small Entity
`E.w.fil ~
`60
`30
`250
`125
`450
`225
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`E.w.fil
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`SUBMITTED BY
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`I Registration No.
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`This collection of information is required by 37 CFR 1.1~mation is required to obtain or retain a benefit by the public which is to file (and by the
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`ADDRESS. SEND TO: Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.
`If you need assistance in completing the form, call 1-800-PT0-9199 and select option 2.
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`2
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`PTO/SB/14 ( 11-08)
`Approved for use through 01/31/2014. 0MB 0651-0032
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid 0MB control number.
`
`Application Data Sheet 37 CFR 1.76
`
`Attorney Docket Number
`
`END5924USCNT2/060339CON2
`
`Application Number
`
`Title of Invention
`
`DRIVE INTERFACE FOR OPERABLY COUPLING A MANIPULATABLE SURGICAL TOOL TO A ROBOT
`
`The application data sheet is part of the provisional or nonprovisional application for which it is being submitted. The following form contains the
`bibliographic data arranged in a format specified by the United States Patent and Trademark Office as outlined in 37 CFR 1.76.
`This document may be completed electronically and submitted to the Office in electronic format using the Electronic Filing System (EFS) or the
`document may be printed and included in a paper filed application.
`
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`D Portions or all of the application associated with this Application Data Sheet may fall under a Secrecy Order pursuant to
`37 CFR 5.2 (Paper filers only. Applications that fall under Secrecy Order may not be filed electronically.)
`r
`t I f
`A ,pp 1can n orma 10n:
`
`f
`. Annlicant 1
`
`Applicant Authority @Inventor I QLegal Representative under 35 U.S.C. 117
`
`I QParty of Interest under 35 U.S.C. 118
`
`Prefix Given Name
`
`Middle Name
`
`Family Name
`
`Frederick
`E.
`Shelton
`Residence Information (Select One) @ US Residency 0 Non US Residency 0 Active US Military Service
`I Country of ResidencJ I US
`State/Province I OH
`City
`Hillsboro
`us
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`Citizenship under 37 CFR 1.41(b)
`Mailing Address of Applicant:
`Address 1
`245 East Main Street
`
`Suffix
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`IV
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`Address 2
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`City
`
`I Hillsboro
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`Postal Code
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`45133
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`I State/Province
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`I OH
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`generated within this form by selecting the Add button.
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`Correspondence Information:
`Enter either Customer Number or complete the Correspondence Information section below.
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`92223
`
`Email Address
`
`Application Information:
`DRIVE INTERFACE FOR OPERABLY COUPLING A MANIPULATABLE SURGICAL TOOL TO A
`ROBOT
`Attorney Docket Number END5924USCNT2/060339CON2
`
`I Small Entity Status Claimed D
`
`Title of the Invention
`
`Application Type
`
`Nonprovisional
`
`Subject Matter
`
`Utility
`
`Suggested Class (if any)
`
`Suggested Technology Center (if any)
`
`Total Number of Drawing Sheets (if any)
`
`109
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`EFS Web 2.2.3
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`3
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`
`PTO/SB/14 (11-08)
`Approved for use through 01/31/2014. 0MB 0651-0032
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
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`Application Data Sheet 37 CFR 1.76
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`END5924USCNT2/060339CON2
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`Application Number
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`Title of Invention
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`DRIVE INTERFACE FOR OPERABLY COUPLING A MANIPULATABLE SURGICAL TOOL TO A ROBOT
`
`Publication Information:
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`I O US Patent Practitioner 10 Limited Recognition (37 CFR 11.9)
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`This section allows for the applicant to either claim benefit under 35 U.S.C. 119{e), 120, 121, or 365(c) or indicate National Stage
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`35 U.S.C. 119{e) or 120, and 37 CFR 1.78{a)(2) or CFR 1.78(a)(4), and need not otherwise be made part of the specification.
`
`:t ~,, • >cA
`• ';!( ~~~
`Filing Date (YYYY-MM-DD)
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`'·,
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`Prior Application Status Pending
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`Application Number
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`Continuity Type
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`Prior Application Number
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`Continuation of
`
`13118259
`
`Prior Application Status Pending
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`2011-05-27
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`,1:~;
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`Application Number
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`Continuity Type
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`Prior Application Number
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`Filing Date (YYYY-MM-DD)
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`13118259
`
`Continuation in part of
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`11651807
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`2007-01-10
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`and 37 CFR 1.55{a).
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`EFS Web 2.2.3
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`PTO/SB/14 (11-08)
`Approved for use through 01/31/2014. 0MB 0651-0032
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under the Paperwori< Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid 0MB control number.
`
`Application Data Sheet 37 CFR 1.76
`
`Attorney Docket Number
`
`END5924USCNT2/060339CON2
`
`Application Number
`
`Title of Invention
`
`DRIVE INTERFACE FOR OPERABLY COUPLING A MANIPULATABLE SURGICAL TOOL TO A ROBOT
`
`Assignee Information:
`Providing this information in the application data sheet does not substitute for compliance with any requirement of part 3 of Title 37
`of the CFR to have an assignment recorded in the Office.
`
`Assianee 1
`If the Assignee is an Organization check here.
`
`Organization Name I Ethicon Endo-Surgery, Inc.
`Mailing Address Information:
`
`rgJ
`
`Address 1
`
`Address 2
`
`City
`
`Country I us
`
`Phone Number
`
`4545 Creek Road
`
`Cincinnati
`
`State/Province
`
`OH
`
`Postal Code
`
`Fax Number
`
`45242
`
`Email Address
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`button.
`
`Signature:
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`th signature.
`CFR 1.4(d) for the form
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`Signature
`
`First Name
`
`Date (YYYY-MM-DD) 2012-02-09
`
`Registration Number
`
`34324
`
`This collection of information is required by 37 CFR 1. 76. The information is required to obtain or retain a benefit by the public which
`is to file (and by the USPTO to process) an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.14. This
`collection is estimated to take 23 minutes to complete, including gathering, preparing, and submitting the completed application data
`sheet form to the USPTO. Time will vary depending upon the individual case. Any comments on the amount of time you require to
`complete this form and/or suggestions for reducing this burden, should be sent to the Chief Information Officer, U.S. Patent and
`Trademark Office, U.S. Department of Commerce, P.O. Box 1450, Alexandria, VA 22313-1450. DO NOT SEND FEES OR
`COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.
`
`EFS Web 2.2.3
`
`5
`
`
`
`Attorney Docket No. END5924USCNT2/060339CON2
`
`DRIVE INTERFACE FOR OPERABLY COUPLING A
`MANIPULATABLE SURGICAL TOOL TO A ROBOT
`
`CROSS REFERENCE TO RELATED APPLICATIONS
`
`[0001] The present application is a continuation patent application of and claims the benefit
`
`from U.S. Patent Application Serial No. 13/118,259, filed May 27, 2011, entitled "Surgical
`
`Instrument With Wireless Communication Between A Control Unit of a Robotic System and
`
`Remote Sensor", the entire disclosure of which is hereby incorporated by reference and which is
`
`a continuation-in-part patent application and claims the benefit from U.S. Patent Application
`
`Serial No. 11/651,807, entitled "Surgical Instrument With Wireless Communication Between
`
`Control Unit and Remote Sensor", filed January 10, 2007, U.S. Patent Publication No. US
`
`2008/0167672 Al, the disclosure of which is hereby incorporated by reference in its entirety and
`
`which is related to the following U.S. patent applications, which are also incorporated herein by
`
`reference in their respective entireties:
`
`(1)
`
`U.S. Patent Application Serial No. 11/651,715, filed January 10, 2007, U.S.
`
`Patent Application Publication No. US-2008/0167522, entitled "SURGICAL INSTRUMENT
`
`WITH WIRELESS COMMUNICATION BETWEEN CONTROL UNIT AND SENSOR
`
`TRANSPONDERS," by J. Giordano et al.;
`
`(2)
`
`U.S. Patent Application Serial No. 11/651,806, filed January 10, 2007, U.S.
`
`Patent Application Publication No. US-2008/0167671, entitled "SURGICAL INSTRUMENT
`
`WITH ELEMENTS TO COMMUNICATE BETWEEN CONTROL UNIT AND END
`
`EFFECTOR," by J. Giordano et al.;
`
`(3)
`
`U.S. Patent Application Serial No. 11/651,768, filed January 10, 2007, now U.S.
`
`Patent No. 7,721,931, entitled "PREVENTION OF CARTRIDGE REUSE IN A SURGICAL
`
`INSTRUMENT," by F. Shelton et al.;
`
`(4)
`
`U.S. Patent Application Serial No. 11/651,771, filed January 10, 2007, now U.S.
`
`Patent No. 7,738,971, entitled "POST-STERILIZATION PROGRAMMING OF SURGICAL
`
`INSTRUMENTS," by J. Swayze et al.;
`
`PI-2641768 vl
`
`1
`
`6
`
`
`
`Attorney Docket No. END5924USCNT2/060339CON2
`
`(5)
`
`U.S. Patent Application Serial No. 11/651,788, filed January 10, 2007, now U.S.
`
`Patent No. 7,721,936, entitled "INTERLOCK AND SURGICAL INSTRUMENT INCLUDING
`
`SAME, by F. Shelton et al.; and
`
`(6)
`
`U.S. Patent Application Serial No. 11/651,785, filed January 10, 2007, U.S.
`
`Patent Application Publication No. US-2008/0167644, entitled "SURGICAL INSTRUMENT
`
`WITH ENHANCED BATTERY PERFORMANCE," by F. Shelton et al.
`
`BACKGROUND
`
`[0002] Endoscopic surgical instruments are often preferred over traditional open surgical
`
`devices since a smaller incision tends to reduce the post-operative recovery time and
`
`complications. Consequently, significant development has gone into a range of endoscopic
`
`surgical instruments that are suitable for precise placement of a distal end effector at a desired
`
`surgical site through a cannula of a trocar. These distal end effectors engage the tissue in a
`
`number of ways to achieve a diagnostic or therapeutic effect (e.g., endocutter, grasper, cutter,
`
`staplers, clip applier, access device, drug/gene therapy delivery device, and energy device using
`
`ultrasound, RF, laser, etc.).
`
`[0003] Known surgical staplers include an end effector that simultaneously makes a
`
`longitudinal incision in tissue and applies lines of staples on opposing sides of the incision. The
`
`end effector includes a pair of cooperating jaw members that, if the instrument is intended for
`
`endoscopic or laparoscopic applications, are capable of passing through a cannula passageway.
`
`One of the jaw members receives a staple cartridge having at least two laterally spaced rows of
`
`staples. The other jaw member defines an anvil having staple-forming pockets aligned with the
`
`rows of staples in the cartridge. The instrument includes a plurality of reciprocating wedges
`
`which, when driven distally, pass through openings in the staple cartridge and engage drivers
`
`supporting the staples to effect the firing of the staples toward the anvil.
`
`[0004] An example of a surgical stapler suitable for endoscopic applications is described in
`
`U.S. Pat. No. 5,465,895, which discloses an endocutter with distinct closing and firing actions. A
`
`clinician using this device is able to close the jaw members upon tissue to position the tissue
`
`prior to firing. Once the clinician has determined that the jaw members are properly gripping
`
`tissue, the clinician can then fire the surgical stapler with a single firing stroke, thereby severing
`
`and stapling the tissue. The simultaneous severing and stapling avoids complications that may
`
`2
`
`7
`
`
`
`Attorney Docket No. END5924USCNT2/060339CON2
`
`arise when performing such actions sequentially with different surgical tools that respectively
`
`only sever and staple.
`
`[0005] One specific advantage of being able to close upon tissue before firing is that the
`
`clinician is able to verify via an endoscope that the desired location for the cut has been
`
`achieved, including that a sufficient amount of tissue has been captured between opposing jaws.
`
`Otherwise, opposing jaws may be drawn too close together, especially pinching at their distal
`
`ends, and thus not effectively forming closed staples in the severed tissue. At the other extreme,
`
`an excessive amount of clamped tissue may cause binding and an incomplete firing.
`
`[0006] Endoscopic staplers/cutters continue to increase in complexity and function with each
`
`generation. One of the main reasons for this is the quest to lower force-to-fire (FTP) to a level
`
`that all or a great majority of surgeons can handle. One known solution to lower FTP it use CO2
`
`or electrical motors. These devices have not faired much better than traditional hand-powered
`
`devices, but for a different reason. Surgeons typically prefer to experience proportionate force
`
`distribution to that being experienced by the end effector in the forming of the staple to assure
`
`them that the cutting/stapling cycle is complete, with the upper limit within the capabilities of
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`most surgeons (usually around 15-30 lbs). They also typically want to maintain control of
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`deploying the staples and being able to stop at anytime if the forces felt in the handle of the
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`device feel too great or for some other clinical reason.
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`[0007] To address this need, so-called "power-assist" endoscopic surgical instruments have
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`been developed in which a supplemental power source aids in the firing of the instrument. For
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`example, in some power-assist devices, a motor provides supplemental electrical power to the
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`power input by the user from squeezing the firing trigger. Such devices are capable of providing
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`loading force feedback and control to the operator to reduce the firing force required to be
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`exerted by the operator in order to complete the cutting operation. One such power-assist device
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`is described in United States Patent Application Serial No. 11/343,573, filed January 31, 2006 by
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`Shelton et al., entitled "Motor-driven surgical cutting and fastening instrument with loading force
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`feedback," ("the '573 application") which is incorporated herein by reference.
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`[0008] These power-assist devices often include other components that purely mechanical
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`endoscopic surgical instruments do not, such as sensors and control systems. One challenge in
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`using such electronics in a surgical instrument is delivering power and/or data to and from the
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`sensors, particularly when there is a free rotating joint in the surgical instrument.
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`Attorney Docket No. END5924USCNT2/060339CON2
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`SUMMARY
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`[0009]
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`In one general aspect, the present invention is directed to a surgical instrument, such as
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`an endoscopic or laparoscopic instrument. According to one embodiment, the surgical
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`instrument comprises an end effector comprising at least one sensor transponder that is passively
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`powered. The surgical instrument also comprises a shaft having a distal end connected to the
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`end effector and a handle connected to a proximate end of the shaft. The handle comprises a
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`control unit (e.g., a microcontroller) that is in communication with the sensor transponder via at
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`least one inductive coupling. Further, the surgical instrument may comprise a rotational joint for
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`rotating the shaft. In such a case, the surgical instrument may comprise a first inductive element
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`located in the shaft distally from the rotational joint and inductively coupled to the control unit,
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`and a second inductive element located distally in the shaft and inductively coupled to the at least
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`one sensor transponder. The first and second inductive elements may be connected by a wired,
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`physical connection.
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`[0010] That way, the control unit may communicate with the transponder in the end effector
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`without a direct wired connection through complex mechanical joints like the rotating joint
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`where it may be difficult to maintain such a wired connection. In addition, because the distances
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`between the inductive elements may be fixed and known, the couplings could be optimized for
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`inductive transfer of energy. Also, the distances could be relatively short so that relatively low
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`power signals could be used to thereby minimize interference with other systems in the use
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`environment of the instrument.
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`[0011]
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`In another general aspect of the present invention, the electrically conductive shaft of
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`the surgical instrument may serve as an antenna for the control unit to wirelessly communicate
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`signals to and from the sensor transponder. For example, the sensor transponder could be located
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`on or disposed in a nonconductive component of the end effector, such as a plastic cartridge,
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`thereby insulating the sensor from conductive components of the end effector and the shaft. In
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`addition, the control unit in the handle may be electrically coupled to the shaft. In that way, the
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`shaft and/or the end effector may serve as an antenna for the control unit by radiating signals
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`from the control unit to the sensor and/or by receiving radiated signals from the sensor. Such a
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`design is particularly useful in surgical instruments having complex mechanical joints (such as
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`rotary joints), which make it difficult to use a direct wired connection between the sensor and
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`control unit for communicating data signals.
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`Attorney Docket No. END5924USCNT2/060339CON2
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`[0012]
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`In another embodiment, the shaft and/or components of the end effector could serve as
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`the antenna for the sensor by radiating signals to the control unit and receiving radiated signals
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`from the control unit. According to such an embodiment, the control unit is electrically insulated
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`from the shaft and the end effector.
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`[0013]
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`In another general aspect, the present invention is directed to a surgical instrument
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`comprising a programmable control unit that can be programmed by a programming device after
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`the instrument has been packaged and sterilized. In one such embodiment, the programming
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`device may wirelessly program the control unit. The control unit may be passively powered by
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`the wireless signals from the programming device during the programming operation. In another
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`embodiment, the sterile container may comprise a connection interface so that the programming
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`unit can be connected to the surgical instrument while the surgical instrument is in its sterilized
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`container.
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`[0014]
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`In another general aspect, an embodiment of the present invention is directed to a
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`surgical instrument for use with a robotic system that has a control unit and a shaft portion. An
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`electrically conductive elongated member is attached to a portion of the robotic system and is
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`configured to transmit control motions from the robotic system. In various embodiments, the
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`surgical instrument comprises an end effector that is configured to be operably coupled to the
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`elongated electrically conductive member to receive the control motions from the surgical tool
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`system such that at least one sensor within the end effector is electrically insulated from the
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`elongated electrically conductive member such that the elongated electrically conductive
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`member can wirelessly radiate communication signals from the control unit to the at least one
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`sensor and can receive wirelessly radiated communication signals from the at least one sensor.
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`[0015]
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`In accordance with another general aspect of an embodiment of the present invention,
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`there is provided a surgical instrument for use with a robotic system that has a control unit. A
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`shaft portion that includes an elongated electrically conductive member is attached to a portion
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`of the robotic system and at least partially houses a drive shaft therein. In various embodiments,
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`the surgical instrument comprises an end effector that is configured to be operably coupled to the
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`elongated electrically conductive member and the drive shaft for receiving control motions from
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`the robotic system. The end effector has at least one sensor that is electrically insulated from the
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`elongated electrically conductive member such that the elongated electrically conductive
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`Attorney Docket No. END5924USCNT2/060339CON2
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`member can wirelessly radiate communication signals from the control unit to the at least one
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`sensor and can receive wirelessly radiated communication signals from the at least one sensor.
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`FIGURES
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`[0016] Various embodiments of the present invention are described herein by way of example
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`in conjunction with the following figures wherein:
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`[0017] FIGS. 1 and 2 are perspective views of a surgical instrument according to various
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`embodiments of the present invention;
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`[0018] FIGS. 3-5 are exploded views of an end effector and shaft of the instrument according
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`to various embodiments of the present invention;
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`[0019] FIG. 6 is a side view of the end effector according to various embodiments of the
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`present invention;
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`[0020] FIG. 7 is an exploded view of the handle of the instrument according to various
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`embodiments of the present invention;
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`[0021] FIG. 8 and 9 are partial perspective views of the handle according to various
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`embodiments of the present invention;
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`[0022] FIG. 10 is a side view of the handle according to various embodiments of the present
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`invention;
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`[0023] FIGS. 11, 13-14, 16, and 22 are perspective views of a surgical instrument according to
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`various embodiments of the present invention;
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`[0024] FIGS. 12 and 19 are block diagrams of a control unit according to various embodiments
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`of the present invention;
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`[0025] FIG. 15 is a side view of an end effector including a sensor transponder according to
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`various embodiments of the present invention;
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`[0026] FIGS. 17 and 18 show the instrument in a sterile container according to various
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`embodiments of the present invention;
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`[0027] FIG. 20 is a block diagram of the remote programming device according to various
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`embodiments of the present invention;
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`[0028] FIG. 21 is a diagram of a packaged instrument according to various embodiments of the
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`present invention;
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`[0029] FIG. 23 is a perspective view of one robotic controller embodiment;
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`Attorney Docket No. END5924USCNT2/060339CON2
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`[0030] FIG. 23A is a perspective view of one robotic surgical arm cart/manipulator of a robotic
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`system operably supporting a plurality of surgical tool embodiments of the present invention;
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`[0031] FIG. 24 is a side view of the robotic surgical arm cart/manipulator depicted in FIG.
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`23A;
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`[0032] FIG. 25 is a perspective view of an exemplary cart structure with positioning linkages
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`for operably supporting robotic manipulators that may be used with various surgical tool
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`embodiments of the present invention;
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`[0033] FIG. 26 is a perspective view of a surgical tool embodiment of the present invention;
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`[0034] FIG. 27 is an exploded assembly view of an adapter and tool holder arrangement for
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`attaching various surgical tool embodiments to a robotic system;
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`[0035] FIG. 28 is a side view of the adapter shown in FIG. 27;
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`[0036] FIG. 29 is a