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 .
DETAILED ACTION
This action is in response to applicant amendment received on 08/19/2025:
Amendments of Claims 1, 16 and 21 are acknowledged.
Amendment of paragraph 0076 of the Specification is acknowledged, no new matter was added.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-3, 5-6, 8, 10, 12-13, 15-16 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Rui (WO 2014043971) in view of Schmid (US 2018/0168743), Schattner (US 2021/0033778), Ruiz (US 2019/0008546), Bhatti (US 2009/0224618), Van Wyk (US 2015/0065808) and McTargett (US 5093959).
Regarding Claims 1, 16 and 21:
Rui discloses a surgical instrument comprising:
(a) a body; (b) a shaft extending distally from the body; and (c) an end effector at a distal end of the shaft (Figure 1, manipulation member 1 will be considered the body, a support member 2 will be considered the shaft and an execution member 3 will be considered the end effector), wherein the end effector includes:
(i) a staple cartridge unit, wherein the staple cartridge unit includes:
(A) a housing that includes a plurality of staples, wherein the housing defines a staple deck and houses a staple driver assembly (Figure 10, cartridge 32 will be considered the housing, front end of the cartridge body portion 322 will be considered the deck and staple driver 33 will be considered the staple driver assembly), and
(B) an anvil opposed from the housing, wherein the anvil and the housing are configured to cooperate to clamp tissue, wherein the anvil is configured to form staples ejected from the housing into the clamped tissue (Figure 4, anvil 314, including pad blade 302 and abutment 303 that are opposite to the staple cartridge 32),
(ii) a cartridge retainer, wherein the cartridge retainer includes an opposed pair of jaws configured to cooperate to grip the housing of the staple cartridge unit (Figure 6, side plates 22 including left and right wall plates 221 and 222), and
(iii) means to removably secure the housing of the staple cartridge unit to the cartridge retainer (Figure 6, four protrusions 223, that will be considered the deflectable grippers on the staple cartridge, are correspondingly provided with four card slots 320).
Rui does not disclose wherein one of the staple cartridge unit or the cartridge retainer includes the at least one deflectable gripper as claimed.
The Examiner is interpreting the claimed deflectable gripper as the deflectable retention members in the form of rounded ribs (224) shown on Figures 7A, 7B and 8 as what is commonly called crush ribs that are used to join two parts, they are deflectable protrusions designed to deform upon assembly to create a tight, high-friction fit. This design allows for a secure connection without the need for high-tolerance machining, as the ribs themselves are what deform instead of the entire part. Before the parts being joined the crush ribs are in a undeflected state, but when joining the two parts the ribs are deformed into a deflected state and stay on that state for as long the parts are joined.
All the references mentioned, Schmid, Schattner, Ruiz, Bhatti, Van Wyk and McTargett are a sample of references that teach the use of “crush ribs” to join two parts by inserting an elongated portion of one, the portion will be called a “shaft”, into an aperture of the other, the aperture will be called the “opening”, and retaining them together by deformation of “crush ribs”, that can be located on the contact surface of the shaft or the opening and are protruding features that are deformed when the shaft is inserted in the opening, the deformation causes a friction releasable engagement of both parts and as such the crush ribs can be considered “deflectable grippers” that . Crush ribs can be an economical alternative for manufacturing high tolerance holes for tight fits, are in many cases easier to release than a snap fit and they frequently involve a combination of elastic and plastic deformation of the ribs, but that deformation should not affect the opening or the shaft. The references teach an array of samples of kinds of crush ribs. The Examiner notes that even though the references are not in the same field of endeavor as the claimed invention, the references are reasonably pertinent to the problem faced by the inventor as is to releasably attach two parts together (See MPEP 2141.01(a)).
Schmid teaches on Figures 3 to 8 the use of crush ribs between a shaft 122 and a tool holder 202, that will be considered an opening, the Figures show different embodiments of crush ribs on the opening, from solid, made of very resilient material to actually spring loaded.
Schattner teaches on Figures 1 to 14 the use of crush ribs between a light pipe, that will be considered the shaft, and a light pipe housing. Some Figures show crus ribs on the shaft, like Figures 2 and 9 to 11, others like 3, and 4 to 8 show crush ribs on the opening. Figures 12 to 14 show the crush ribs used on several shafts and openings of not circular cross-sections.
Ruiz teaches on Figures 9A and 9B the use of crush ribs 84 to retain a spline 44, that will be considered a shaft, into slot 82, that will be considered an opening, note that the Figures are very similar to the Figures 7A and 7b of the specification that show the deflectable retention members 224 in the form of rounded ribs extending laterally inwardly from the laterally inner surfaces of first and second rails.
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Bhatti teaches on Figures 1 to 6 the use of crush ribs 88 or 100 to retain a bearing 70, that will be considered the shaft, into the open end of nose 16, that will be considered the opening, note that ribs 100 are resilient as a spring.
Van Wyk teaches on Figures 26 and 28 the use of crush ribs 616 in the inner cylindrical surface 618, that will be considered an opening, to retain a retaining ring 640, that will be considered the shaft.
McTargett teaches on Figures 1, 3 and 4 the use of crush ribs 60a and 60b or 110a and 110b to attach inserts 50, 70 or 100, that each can be considered a shaft, into a handle body 20, that will be considered an opening; the inserts could have a circular or square cross-section.
Therefore, it would have been obvious to a person having ordinary skill in the art to which the claimed invention pertains, before the effective filing date of the claimed invention, to incorporate to Rui the teachings of Schmid, Schattner, Ruiz, Bhatti, Van Wyk and McTargett and replace the means to removably secure the housing of the staple cartridge unit to the cartridge retainer of Rui for at least one crush rib, the crush rib being a “deflectable gripper” that is in a first position relative to the portion of the one of the staple cartridge unit or the cartridge retainer when in the undeflected state, when the cartridge unit or the cartridge retainer are not attached to each other, and such that the at least one deflectable gripper is in a deflected state, and in a second position relative to the portion of the one of the staple cartridge unit or the cartridge retainer and the staple cartridge unit, when the staple cartridge unit and cartridge retainer are attached to each other and would stay in that deflected state for as long as the parts are attached to each other, as a well-known and economical alternative for releasably attaching two parts to each other that do not require too much tight tolerances during manufacturing, and since it is considered obvious to broadly replace a part for another one that performs the same function or solve the same problem even if they are not in the same field of endeavor (See MPEP 2141.01(a)).
Regarding Claims 2 and 3:
As discussed above for claim 1, the modified invention of Rui discloses the invention as claimed, in particular optionally placing the deflectable gripper on the housing of the staple cartridge unit to be deflected by the cartridge retainer.
Regarding Claim 5:
As discussed above for claim 1, the modified invention of Rui discloses the invention as claimed, in particular optionally placing the deflectable gripper on the cartridge retainer to be deflected by the staple cartridge unit.
Regarding Claim 6:
As discussed above for claim 1, the modified invention of Rui discloses the invention as claimed, in particular that the deflectable grippers are designed to deform upon assembly to create a tight, high-friction fit between the staple cartridge unit and the cartridge retainer when the at least one deflectable gripper is in the deflected state.
Regarding Claim 8:
As discussed above for claim 1, the modified invention of Rui discloses that the invention as claimed, in particular that the at least one deflectable gripper is resiliently biased toward the undeflected state, the crush ribs can be made of resilient material, and even if the deformation is plastic still a fraction of elastic deformation persists.
Regarding Claim 10:
Rui discloses that the cartridge housing defines first and second lateral sides (Figures 6, plates 22), where the cartridge is to be attached to (Figure 6, cartridge 32 has one concave side and an opposite convex side) and, as discussed already for Claim 1 above, those two parts are to be attached by at least one deflectable gripper placed either on the staple cartridge unit and the cartridge retainer, and deforming it either laterally outwardly or laterally inwardly depending where it is placed.
Regarding Claims 12 and 13:
As discussed above for claim 1, the modified invention of Rui discloses that the deflectable gripper includes a deflectable protrusion that is considered a rib.
Regarding Claim 15:
Rui discloses a knife movable relative to the housing and the anvil, wherein the housing is actuatable distally relative to the cartridge retainer to clamp tissue against the anvil, wherein the knife is configured to cut the clamped tissue (Figure 5, knife 34 is actuated by seat 35 distally relative to the housing by going through the cartridge and the retainer).
Response to Arguments
Applicant’s arguments with respect to the rejection of the claims under 35 U.S.C. 102(a)(1) as being anticipated by Rui (WO 2014043971) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. The claims amendments better describe the “deflectable grippers” as can be seen on Figures 6a and 6B, ribs 224, not as parts of a “snap fit” as previously considered by the Examiner but as a different connection that is commonly called “crush ribs”, used to join two parts by inserting part of one into the other in an interference fit. They are deflectable protrusions to be placed in the contact are of one or both of them and are designed to deform upon assembly to create a tight, high-friction fit. This design allows for a secure connection without the need for high-tolerance machining, as the ribs themselves are what deform instead of the entire part. Before the parts being joined the crush ribs are in a undeflected state, but when joining the two parts the ribs are deformed into a deflected state and stay on that state for as long the parts are joined.
Several references are presented that teach the use of crush ribs to releasably join two parts by inserting part of one into the other in an interference fit and as discussed in the action, broadly replacing one form of connection for another that perform the same function is considered obvious.
The Examiner notes that a proper description of the ribs 224 as on Figures 6A, 6b, and paragraphs 0098, 0099 of the Specification would easily overcome the references on the record and is willing to have an interview on the subject at the Applicants convenience.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. In particular several other references on the record teach the use of crush ribs as a connection elements.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDUARDO R FERRERO whose telephone number is (571)272-9946. The examiner can normally be reached M-F 9:30-7:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ANNA KINSAUL can be reached at 571-270-1926. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EDUARDO R FERRERO/Examiner, Art Unit 3731
/ROBERT F LONG/Primary Examiner, Art Unit 3731