ELECTROSURGICAL INSTRUMENT WITH CONDUCTIVE GAP SETTING MEMBER AND INSULATIVE TISSUE ENGAGING MEMBER HAVING VARIABLE DIMENSIONS AND STIFFNESS

1 . An end effector, comprising:

a first jaw member comprising a first electrode, the first jaw member comprising a distal end and a proximal end;

a second jaw member comprising a second electrode, wherein either the first or second jaw member is movable relative to the other between open and closed positions, the second jaw member comprising a distal end and a proximal end;

an electrically conductive member located at the distal end of either the first jaw member or the second jaw member, the electrically conductive member sized and configured to define a minimum distance between the first and second electrodes, the electrically conductive member having a first stiffness; and

an electrically insulative member located either on the first jaw member or the second jaw member, the electrically insulative member sized and configured to engage tissue, the electrically insulative member having a second stiffness, wherein the first stiffness is greater than the second stiffness.

2 . The end effector of claim 1 , wherein the electrically insulative member is configured to engage tissue located between the first and second jaw members.

3 . The end effector of claim 1 , wherein the electrically conductive member is configured to define a uniform distance between the first and second jaw members along the length of the first and second electrodes.

4 . The end effector of claim 1 , wherein the electrically conductive member is configured to define a non-uniform distance between the first and second jaw members.

5 . The end effector of claim 1 , wherein the electrically insulative member comprises two or more electrically insulative members.

6 . The end effector of claim 5 , wherein the two or more electrically insulative members have different stiffness, which is less than the first stiffness of the electrically conductive member.

7 . The end effector of claim 5 , wherein each of the two or more electrically insulative members are configured to deform to different extents.

8 . The end effector of claim 5 , wherein each of the two or more electrically insulative members are configured to deform uniformly.

9 . The end effector of claim 1 , comprising an embossed member disposed on either the first or second electrode, wherein the electrically insulative member is provided on the embossed member.

10 . The end effector of claim 8 , wherein the embossed member is located in an inner portion of the first jaw member.

11 . The end effector of claim 1 , wherein either the first or second jaw member comprises a cambered electrode.

12 . The end effector of claim 10 , wherein the first and second jaw members are in the closed position and the electrically insulative member located on the first jaw member does not contact the second electrode.

13 . The end effector of claim 12 , wherein the first and second jaw members are in the closed position and the electrically insulative member located on the second jaw member does not contact the first electrode.

14 . The end effector of claim 1 , wherein one of the first or second jaw members is configured to deform.

15 . The end effector of claim 1 , wherein one of the first or second jaw members comprises a stepped electrode defining different planes.

16 . The end effector of claim 1 , wherein one of first or second jaw members define at least one recess corresponding to the electrically insulative member.

17 . The end effector of claim 1 , wherein one of first or second jaw members define at least one recess corresponding to the electrically conductive member.

18 . An electrosurgical device, comprising:

a handle assembly;

an end effector operably coupled to the handle assembly the end effector, comprising:

a first jaw member comprising a first electrode, the first jaw member comprising a distal end and a proximal end;

a second jaw member comprising a second electrode, wherein either the first or second jaw member is movable relative to the other between open and closed positions, the second jaw member comprising a distal end and a proximal end;

an electrically conductive member located at the distal end of the first jaw member, the electrically conductive member sized and configured to define a minimum distance, the electrically conductive member having a first stiffness; and

an electrically insulative member located either on the first jaw member or the second jaw member, the electrically insulative member sized and configured to engage tissue, the electrically insulative member having a second stiffness, wherein the first stiffness is greater than the second stiffness; and

a connecting member configured to connect the handle assembly and the end effector.

19 . An electrosurgical system, comprising:

an electrosurgical energy generator;

an electrosurgical device comprising a handle assembly, an end effector operably coupled to the handle assembly, and a connecting member configured to connect the handle assembly and the end effector, the end effector comprising:

a first jaw member comprising a first electrode, the first electrode comprising a distal end and a proximal end;

a second jaw member comprising a second electrode, wherein either the first or second jaw member is movable relative to the other between open and closed positions, the second jaw member comprising a distal end and a proximal end;

an electrically conductive member located at the distal end of the first jaw member, the electrically conductive member sized and configured to define a minimum distance between the first and second electrodes, the electrically conductive member having a first stiffness; and

an electrically insulative member located either on the first jaw member or the second jaw member, the electrically insulative member sized and configured to engage tissue, the electrically insulative member having a second stiffness, wherein the first stiffness is greater than the second stiffness.

20 . A method of manufacturing an end effector comprising a first jaw member, a second jaw member, and an electrically insulative member assembly, the method comprising:

providing a position setting material in an inner portion of the first jaw member;

inserting into the inner portion of the first jaw member the electrically insulative member assembly; and

providing a position setting member between the first and second jaw members, the position setting member having non-uniform thickness.

21 . The method of claim 20 , further comprising:

setting the position setting material; and

removing the position setting member.