Tissue sealer with non-conductive variable stop members and method of sealing tissue

1. A bipolar forceps for sealing tissue, comprising:

an elongated shaft having opposing jaw members at a distal end thereof, each of the jaw members including an electrically conductive sealing surface affixed thereto, the jaw members being movable relative to one another from a first position wherein the electrically conductive sealing surfaces are disposed in spaced relation relative to one another to a second position wherein the electrically conductive sealing surfaces cooperate to grasp tissue therebetween;

each electrically conductive sealing surface adapted to be connected to a source of electrical energy such that the electrically conductive sealing surfaces are capable of conducting energy through tissue held therebetween to effect a tissue seal; and

a stop member assembly operatively associated with at least one jaw member, the stop member assembly including at least one non-conductive stop member, the at least one non-conductive stop member being selectively adjustable to regulate the distance between the electrically conductive sealing surfaces when tissue is held therebetween based upon a sensed pre-surgical condition during activation.

2. A bipolar forceps for sealing tissue according to claim 1 wherein the stop member assembly includes at least one controller which is engagable wit the at least one stop member, the controller being configured to extend and retract the stop member in response to a signal from a control source.

3. A bipolar forceps for sealing tissue according to claim 2 wherein the forceps includes at least one sensor disposed on at least one of the jaw members, the at least one sensor being configured to sense the sensed pre-surgical condition selected from the group consisting of tissue impedance, tissue thickness, tissue compliance and tissue type and relaying the sensed information to a control source which, in turn, sends a signal to the controller.

4. A bipolar forceps for sealing tissue according to claim 2 wherein the stop member assembly utilizes at least one gear to selectively extend and retract the stop member from the at least one electrically conductive sealing surface.

5. A bipolar forceps for sealing tissue according to claim 2 wherein the stop member assembly utilizes at least one cam to selectively extend and retract the stop member from the at least one electrically conductive sealing surface.

6. A bipolar forceps for sealing tissue according to claim 2 wherein the stop member assembly utilizes at least one actuator to selectively extend and retract the stop member from the at least one electrically conductive sealing surface, the actuator being selected from the group consisting of electro-mechanical actuators, ferroelectric actuators, piezo-electric actuators, piezo-ceramic actuators, hydraulics actuators, pneumatics actuators, magnetostrictors and rotational actuators.

7. A bipolar forceps for sealing tissue according to claim 1 wherein the stop member is manufactured from the group consisting of parylene, nylon and ceramic.

8. A bipolar forceps for sealing tissue according to claim 1 wherein the forceps includes a selectively extendible knife for severing tissue along the tissue seal.

9. A bipolar forceps for sealing tissue according to claim 1 wherein the at least one stop member is selectively extendible in the range of about 0.001 inches to about 0.008 inches from the electrically conductive sealing surface of at least one jaw member.

10. A bipolar forceps for sealing tissue according to claim 1 wherein a first selectively extendible stop member is operatively associated with the electrically conductive sealing surface of one of the jaw members and at least one second selectively extendible stop member is operatively associated with the electrically conductive sealing surface of the other jaw member.

11. A method of sealing tissue comprising the steps of:

providing a bipolar forceps which includes:

a shaft having opposing jaw members at a distal end thereof which cooperate to grasp tissue therebetween, each of the jaw members including an electrically conductive sealing surface;

at least one non-conductive stop member operatively associated with at least one of the jaw members, the non-conductive stop member being selectively adjustable to regulate the distance between the electrically conductive surfaces when tissue is held therebetween;

connecting the jaw members to a source of electrosurgical energy;

adjusting the distance that the stop members extend from the electrically conductive sealing surface based upon a sensed pre-surgical condition during activation;

actuating the jaw members to grasp tissue between opposing jaw members; and

conducting energy to the jaw members through tissue held therebetween to effect a tissue seal.

12. A method of sealing tissue according to claim 11 wherein the adjusting step further includes the steps of:

sensing the sensed pre-surgical condition; and

signaling the controller to selectively adjust the stop members relative to the electrically conductive sealing surface depending upon the sensed pre-surgical condition.

13. A method of sealing tissue according to claim 11 further comprising the step of:

severing the tissue along the tissue seal.

14. A method of sealing tissue according to claim 11 wherein after the conducting step, the method further includes the steps of:

sensing the sensed pre-surgical condition during electrosurgical activation; and

signaling the controller to selectively adjust the stop members relative to the electrically conductive sealing surface depending upon the sensed pre-surgical condition.

15. A method of sealing tissue according to claim 14 wherein after the signally step, the method further includes the step of:

repeating the sensing and signally steps until a desired seal is effected.

16. A method of sealing tissue comprising the steps of:

providing a bipolar forceps which includes:

a shaft having opposing jaw members at a distal end thereof which cooperate to grasp tissue therebetween, each of the jaw members including an electrically conductive sealing surface;

at least one non-conductive stop member operatively associated with at least one of the jaw members, the non-conductive stop member being selectively adjustable to regulate the distance between the electrically conductive surfaces when tissue is held therebetween;

connecting the jaw members to a source of electrosurgical energy;

actuating the jaw members to grasp tissue between opposing jaw members;

conducting energy to the jaw members through tissue held therebetween to effect a tissue seal; and

adjusting the distance that the stop members extend from the electrically conductive sealing surface depending upon a sensed surgical condition during activation.

17. A method of sealing tissue according to claim 16 wherein the adjusting step further includes the step of:

communicating with a feedback control system which continually senses surgical conditions during activation to automatically regulate the distance that the stop members extend from the electrically conductive sealing surfaces.

18. A method of sealing tissue according to claim 16 wherein the adjusting step, further includes the step of:

communicating with a feedback control system to automatically regulate the distance that the stop members extend from the electrically conductive sealing surfaces based upon at least one of tissue impedance, tissue temperature, tissue thickness, tissue moisture, tissue compliance or tissue clarity during activation.

19. A method of sealing tissue comprising the steps of:

providing a bipolar forceps which includes a shaft having opposing jaw members at a distal end thereof each of the jaw members including an electrically conductive sealing surface, at least one of the electrically conductive sealing surfaces including at least one stop member operatively associated therewith;

connecting the jaw members to a source of electrosurgical energy;

actuating the jaw members to grasp tissue between opposing jaw members;

conducting energy to the jaw members through tissue held; and

adjusting the at least one stop member to regulate the distance between the jaw members during the conducting step depending upon a sensed surgical condition during activation.

20. A method of sealing tissue according to claim 19 wherein the bipolar forceps includes a stop member and wherein the step of adjusting comprises adjusting the stop member.

21. A method of sealing tissue according to claim 20 wherein the adjusting step further includes the step of:

communicating with a feedback control system which continually senses the surgical condition during activation to automatically regulate the distance between the jaw members.

22. A method of sealing tissue according to claim 19 wherein the step of adjusting comprises adjusting the distance between the jaw members so that the distance between the jaw members becomes increasingly smaller.

23. A method of sealing tissue according to claim 19 , wherein the sensed surgical condition is selected from the group consisting of at least one of tissue impedance, tissue temperature, tissue thickness, tissue moisture, tissue compliance and tissue clarity.

24. A bipolar forceps for sealing tissue, comprising:

an elongated shaft having opposing jaw members at a distal end thereof, each of the jaw members including an electrically conductive sealing surface affixed thereto, the jaw members movable relative to one another from a first position wherein the electrically conductive sealing surfaces are disposed in spaced relation relative to one another to a second position wherein the electrically conductive sealing surfaces cooperate to grasp tissue therebetween;

each electrically conductive sealing surface adapted to connect to a source of electrical energy such that the electrically conductive sealing surfaces are capable of conducting energy through tissue held therebetween to effect a tissue seal; and

a stop member assembly operatively associated with at least one jaw member, the stop member assembly including at least one non-conductive stop member extending from at least one of the electrically conductive sealing surfaces, the at least one non-conductive stop member selectively adjustable to regulate the distance between the electrically conductive sealing surfaces when tissue is held therebetween.

25. A bipolar forceps for sealing tissue according to claim 24 , further comprising:

at least one sensor operatively associated with at least one of the jaw members, the at least one sensor configured to sense at least one pre-surgical condition; and

at least one controller that is engagable with the at least one stop member, the controller configured to extend and retract the stop member in response to the at least one sensed pre-surgical condition.