# US 11,114,195 B2 · Surgical instrument with a tissue marking assembly

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- Number: US 11,114,195 B2
- Document ID: US11114195B2
- Status: Granted
- Kind: B2
- Application number: 16/024,141
- Filed: 2018-06-29
- Published: 2019-07-04
- Granted: 2021-09-07
- Earliest claimed: 2017-12-28
- Assignees: Cilag GmbH International
- Applicants: Ethicon LLC
- Inventors: Frederick E. Shelton, IV; David C. Yates; Kevin L. Houser
- Web page: https://patentgrep.com/patent/US11114195B2

## CPC

- A61B 17/07207: {the staples being applied sequentially}
- A61B 17/072: for applying a row of staples in a single action, e.g. the staples being applied simultaneously
- A61B 17/320016: {Endoscopic cutting instruments, e.g. arthroscopes, resectoscopes (A61B10/0233, A61B17/29, A61B17/3207 take precedence)}
- A61B 17/320092: {with additional movable means for clamping or cutting tissue, e.g. with a pivoting jaw}
- A61B 18/1442: {Probes having pivoting end effectors, e.g. forceps}
- A61B 34/30: Surgical robots
- A61B 34/37: Leader-follower robots (A61B34/35 takes precedence)
- A61B 90/39: {Markers, e.g. radio-opaque or breast lesions markers}
- G16H 20/40: relating to mechanical, radiation or invasive therapies, e.g. surgery, laser therapy, dialysis or acupuncture
- G16H 40/20: for the management or administration of healthcare resources or facilities, e.g. managing hospital staff or surgery rooms
- G16H 40/40: for the management of medical equipment or devices, e.g. scheduling maintenance or upgrades
- G16H 40/60: for the operation of medical equipment or devices
- H04L 41/0816: the condition being an adaptation, e.g. in response to network events
- H04L 67/10: in which an application is distributed across nodes in the network (software deployment G06F8/60; multiprogramming arrangements G06F9/46)
- H04L 67/1097: for distributed storage of data in networks, e.g. transport arrangements for network file system [NFS], storage area networks [SAN] or network attached storage [NAS]
- H04L 67/12: specially adapted for proprietary or special-purpose networking environments, e.g. medical networks, sensor networks, networks in vehicles or remote metering networks
- H04L 67/52: specially adapted for the location of the user terminal
- H04L 69/28: Timers or timing mechanisms used in protocols
- H04W 4/33: for indoor environments, e.g. buildings
- H04W 4/38: for collecting sensor information
- H04W 84/20: Leader-follower arrangements
- A61B 1/00009: {of image signals during a use of endoscope}
- A61B 17/00: Surgical instruments, devices or methods (A61B18/00 takes precedence; dental tools A61C3/00; eye surgery A61F9/007; ear surgery A61F11/20)
- A61B 17/320068: {using mechanical vibrations, e.g. ultrasonic (A61B17/22012 takes precedence; dental tooth drilling devices operated by vibration A61C3/03; removing intra-ocular material using mechanical vibrations A61F9/00745)}
- A61B 18/1206: {Generators therefor}
- A61B 18/14: Probes or electrodes therefor
- A61B 18/1445: {at the distal end of a shaft, e.g. forceps or scissors at the end of a rigid rod}
- A61B 34/74: {Manipulators with manual electric input means}
- A61B 90/30: Devices for illuminating a surgical field, the devices having an interrelation with other surgical devices or with a surgical procedure
- A61B 90/361: {Image-producing devices, e.g. surgical cameras}
- A61B 90/37: {Surgical systems with images on a monitor during operation}
- A61B 2017/00017: {Electrical control of surgical instruments}
- A61B 2017/00022: {Sensing or detecting at the treatment site}
- A61B 2017/00026: {Conductivity or impedance, e.g. of tissue}
- A61B 2017/00115: {with audible or visual output}
- A61B 2017/00398: {using powered actuators, e.g. stepper motors, solenoids}
- A61B 2017/0046: {with a releasable handle; with handle and operating part separable}
- A61B 2017/00734: {battery operated}
- A61B 2017/07257: {characterised by its anvil}
- A61B 2017/07271: {characterised by its cartridge}
- A61B 2017/07285: {characterised by its cutter}
- A61B 2017/2927: {the angular position of the head being adjustable with respect to the shaft}
- A61B 2017/32007: {with suction or vacuum means}
- A61B 2018/00601: {Cutting}
- A61B 2018/0063: {Sealing}
- A61B 2018/00642: {with feedback, i.e. closed loop control}
- A61B 2018/00994: {combining two or more different kinds of non-mechanical energy or combining one or more non-mechanical energies with ultrasound}
- A61B 2018/1253: {monopolar}
- A61B 2018/126: {bipolar}
- A61B 2018/1273: {including multiple generators in one device}
- A61B 2034/2055: {Optical tracking systems}
- A61B 2034/2063: {Acoustic tracking systems, e.g. using ultrasound}
- A61B 2034/302: {specifically adapted for manipulations within body cavities, e.g. within abdominal or thoracic cavities}
- A61B 2090/061: {for measuring dimensions, e.g. length}
- A61B 2090/064: {for measuring force, pressure or mechanical tension}
- A61B 2090/0803: {Counting the number of times an instrument is used}
- A61B 2090/3908: {Soft tissue, e.g. breast tissue}
- A61B 2090/3937: {Visible markers}
- A61B 2090/3941: {Photoluminescent markers}
- A61B 2090/395: {with marking agent for marking skin or other tissue}
- A61B 2090/397: {electromagnetic other than visible, e.g. microwave}
- A61B 2090/3987: {Applicators for implanting markers}
- A61B 2218/002: Irrigation
- A61B 2218/006: for smoke evacuation
- A61B 2218/007: Aspiration
- A61B 2218/008: for smoke evacuation
- G16H 40/63: for local operation
- A61B: DIAGNOSIS; SURGERY; IDENTIFICATION (usefulness limited to only animals A61D)
- G16H: HEALTHCARE INFORMATICS, i.e. INFORMATION AND COMMUNICATION TECHNOLOGY [ICT] SPECIALLY ADAPTED FOR THE HANDLING OR PROCESSING OF MEDICAL OR HEALTHCARE DATA
- H04L: TRANSMISSION OF DIGITAL INFORMATION, e.g. TELEGRAPHIC COMMUNICATION (arrangements common to telegraphic and telephonic communication H04M)
- H04W: WIRELESS COMMUNICATION NETWORKS (broadcast communication H04H; communication systems using wireless links for non-selective communication, e.g. wireless extensions H04M1/72)

## Abstract

A surgical instrument includes an end effector and a marking assembly. The end effector includes a first jaw; a second jaw movable relative to the first jaw to grasp tissue therebetween; and a tissue-treatment mechanism configured to apply a tissue treatment to tissue grasped between the first jaw and the second jaw. The marking assembly configured to apply a distinct marking to the tissue unique to each tissue treatment application, wherein the distinct marking distinguishes the tissue treatment application from other tissue treatment applications.

## Claims

### Claim 1

A surgical instrument, comprising:
an end effector, comprising:
a first jaw;
a second jaw movable relative to the first jaw to grasp tissue therebetween; and
a tissue-treatment mechanism configured to apply a tissue treatment to tissue grasped between the first jaw and the second jaw; and
a marking assembly comprising individually manipulatable markers configured to apply a predetermined distinct marking to the tissue unique to each tissue treatment application, wherein the predetermined distinct marking distinguishes the tissue treatment application from other tissue treatment applications.

### Claim 2 (depends on 1)

The surgical instrument of claim 1, wherein the end effector includes a cutting member configured to transect tissue, and wherein the marking assembly is configured to create the predetermined distinct marking adjacent a transection line defined in the tissue by the cutting member.

### Claim 3 (depends on 1)

The surgical instrument of claim 1, wherein the predetermined distinct marking is visible only in the presence of a light source outside of the visible spectrum.

### Claim 4 (depends on 1)

The surgical instrument of claim 1, wherein the predetermined distinct marking is configured to fluoresce under an applied light source outside of the visible spectrum.

### Claim 5 (depends on 1)

The surgical instrument of claim 1, wherein the predetermined distinct marking is detectable through stimulation by at least one of a light source, a radiation source, and an illumination source.

### Claim 6 (depends on 1)

The surgical instrument of claim 1, wherein the tissue-treatment mechanism comprises a staple cartridge configured to deploy staples into the tissue in the tissue treatment application.

### Claim 7 (depends on 1)

The surgical instrument of claim 1, wherein the tissue-treatment mechanism comprises an electrode configured to deliver therapeutic energy to the tissue in the tissue treatment application.

### Claim 8 (depends on 1)

The surgical instrument of claim 1, wherein the tissue-treatment mechanism comprises a transection member movable to transect the tissue in the tissue treatment application.

### Claim 9 (depends on 1)

The surgical instrument of claim 1, wherein application of the tissue treatment by the tissue-treatment mechanism triggers application of the predetermined distinct marking to the tissue by the marking assembly.

### Claim 10 (depends on 1)

The surgical instrument of claim 1, wherein the marking assembly comprises a plurality of spaced apart applicators comprising the individually manipulatable markers.

### Claim 11 (depends on 10)

The surgical instrument of claim 10, wherein the plurality of spaced apart applicators comprises:
a proximal applicator; and
a distal applicator.

### Claim 12 (depends on 10)

The surgical instrument of claim 10, wherein the end effector comprises a longitudinal slot, and wherein the plurality of spaced apart applicators comprises:
a first applicator on a first side of the longitudinal slot; and
a second applicator on a second side of the longitudinal slot opposite the first side.

### Claim 13

A surgical instrument, comprising:
an end effector, comprising:
a first jaw;
a second jaw movable relative to the first jaw to grasp tissue therebetween; and
a tissue-treatment mechanism configured to apply a tissue treatment to tissue grasped between the first jaw and the second jaw;
a marking assembly; and
a control circuit configured to:
receive sensor signals indicative of application of the tissue treatment to the tissue; and
manipulate the marking assembly to apply a predetermined distinct marking to the tissue unique to the tissue treatment application, wherein the predetermined distinct marking distinguishes the tissue treatment application from other tissue treatment applications.

### Claim 14 (depends on 13)

The surgical instrument of claim 13, wherein the end effector includes a cutting member configured to transect tissue, and wherein the marking assembly is configured to create the predetermined distinct marking adjacent a transection line defined in the tissue by the cutting member.

### Claim 15 (depends on 13)

The surgical instrument of claim 13, wherein the predetermined distinct marking is visible only in the presence of a light source outside of the visible spectrum.

### Claim 16 (depends on 13)

The surgical instrument of claim 13, wherein the predetermined distinct marking is configured to fluoresce under an applied light source outside of the visible spectrum.

### Claim 17 (depends on 13)

The surgical instrument of claim 13, wherein the predetermined distinct marking is detectable through stimulation by at least one of a light source, a radiation source, and an illumination source.

### Claim 18 (depends on 13)

The surgical instrument of claim 13, wherein application of the tissue treatment by the tissue-treatment mechanism triggers application of the distinct marking to the tissue by the marking assembly.

### Claim 19 (depends on 13)

The surgical instrument of claim 13, wherein the marking assembly comprises a plurality of spaced apart applicators.

### Claim 20

A surgical instrument, comprising:
an end effector, comprising:
a first jaw;
a second jaw movable relative to the first jaw to grasp tissue therebetween; and
a tissue-treatment mechanism configured to apply a tissue treatment to tissue grasped between the first jaw and the second jaw; and
a marker; and means for adjusting the marker to apply a predetermined distinct marking to the tissue unique to each tissue treatment application, wherein the predetermined distinct marking distinguishes the tissue treatment application from other tissue treatment applications.
