DETAILED ACTION
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 10/10/2025 has been entered.
Response to Arguments
Applicant argues in the response filed 10/10/2025 that the claim amendments would overcome the claim objection. The previous objection has been withdrawn.
The applicant argues the amendments would overcome Bessler in view of Conta/Bilotti. The rejection has been withdrawn.
The applicant argues the amendments would overcome Bilotti in view of Bessler since Bilotti does not disclose the “crucial coupling” where the “trocar remains fully housed in the rear head’s coupling groove prior to actuation and it is advanced by operation of the handle to engage the anvil head”. It is noted that claims are device and therefore cannot positively recite method steps. It would seem that the trocar is fully housed in figure 3 and is activated to be engage the anvil head in figure 4. If the movement of Bilotti would not be known to be able to read on the claims, teaching reference Felder can read on a trocar actuation from “a handle part”. The rejection(s) with respect to Bilotti, Bessler, and Felder has been made below.
Claim Objections
Claim 1 is objected to because of the following informalities: lines 25-28 states “wherein, prior to operation of the handle is accommodated in a non-protruding state within the coupling groove of the rear head, and, by operation of the handle part, is fired to protrude from the coupling groove and engage the trocar accommodation groove, thereby coupling the anvil head and the rear head”. The claim is a device claim and cannot positively claim method steps. The limitation seems to try to positively claim a method step of firing the trocar to make it protrude from the coupling groove and engage the trocar accommodation groove. The limitation will be interpreted to be the trocar “is configured” to be fired to protrude from the coupling groove to engage with the trocar accommodated groove. Appropriate correction is required.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 4, 8, 9 are rejected under 35 U.S.C. 103 as obvious over U.S. Patent Publication 2007/0175963 to Bilotti in view of U.S. Patent 5,411,508 to Bessler and U.S. Patent Publication 2013/0175318 to Felder.
As to claim 1, Bilotti discloses a device capable of being an egg-shaped stapler for intestinal anastomosis (paragraph 11) comprising an anvil head (12) which has a first bottom inner circumferential surface (40) having a first oval shape (paragraph 30, the elliptical surface can read on an oval), a rear head (14) which has a second bottom inner circumferential surface (42) having a second oval shape (paragraph 30, the elliptical surface can read on an oval) in contact with the first bottom inner circumferential surface of the anvil head (figure 9) and includes staples accommodation holes (where the staples are stored within head 12, paragraph 29) configured to accommodate staples (“staples”, paragraph 29) along the second bottom inner circumferential surface, and a handle part (22) which has a first end portion coupled to the rear head (figure 1) and a second other end portion (figure 1) extending in a rear direction and operates at least one anvil head and the rear head (paragraph 26), wherein the anvil head includes a coupling guide (36) protruding from the first bottom inner circumferential surface inside the first bottom inner circumferential surface of the anvil head (figure 1), and a trocar accommodation groove (lumen of 36) provided inside the coupling guide, and the rear head includes a coupling groove (28) coupled to the coupling guide (32, figure 4) and a trocar (28) provided in the coupling groove, the anvil head and the rear head are coupled through a main coupling by the trocar being accommodated in the trocar accommodation groove (paragraph 39, figure 5), wherein, prior to operation of the handle part, the trocar is accommodated in a non-protruding state in the coupling groove of the rear head (figure 3), and, by operation of the handle part, is fired to protrude from the coupling groove (figure 4, paragraph 39, the trocar is pushed, which can by the operation of the handle part), thereby coupling the anvil head and the rear head (figure 4,5).
If however, it would not be known that the inner circumferential surfaces can be oval shape based on being elliptical, Bessler teaches a similar device (endoscopic stapler, abstract) having inner circumferential oval surfaces (col. 12 ll. 63-65) for the purpose of using any known desired ringed configuration for the stapling surface. It would have been obvious to one of ordinary skill in the art before the effective filing date to have the inner circumferential surfaces of Bilotti be oval shaped in order for using any known desired ringed configuration for the stapling surface as desired. If it would not be known that the rear head would have the staple accommodation holes, Bessler further teaches using staple accommodation holes (82) in order for holding the staples in the desired pattern (col. 12 ll. 42-53). It would have been obvious to one ordinary skill in the art before the effective filing date to use the staple accommodation holes in order for holding the staples in the desired pattern.
If however, it would not be known that the trocar can be fired by operation by the handle part, Felder teaches a similar device (stapler, abstract) having a trocar which can be fired by operation by a handle part (paragraph 65, 73) for the purpose of allowing the user to control the actuation of the trocar. It would have bene obvious to one of ordinary skill in the art before the effective filing date to have the trocar of Bilotti be fired by operation of the handle part, to protrude from the coupling groove in order to allow the user to control actuation of the user.
However, Bilotti is silent about the magnets.
Bessler further teaches the first bottom inner circumferential surface of the anvil head and the second bottom circumferential surface of the rear head includes magnets (col. 19 ll. 1-6), and the anvil head and the rear head are temporarily coupled by the magnets of the first and second bottom inner circumferential surface (col. 19 ll. 1-6) for the purpose of assisting in tissue clamping functions. It would have been obvious to one of ordinary skill in the art before the effective filing date to use magnets in first the bottom inner circumferential surface of the anvil head and second the bottom circumferential surface of the rear head in order to assist in tissue clamping functions.
As to claim 4, with the device of Bilotti, Bessler, and Felder above, Bessler further teaches the magnets are electromagnets (col. 19 ll. 1-6).
As to claim 9, Bilotti as modified by Bessler and Felder discloses the device above but is silent about the handle part includes a curved connector.
Bessler further teaches the handle part includes a curved connector and is rotatably connected to the rear head (14a, figure 2a, col. 11 ll. 42-68) for the purpose of angling the head of the device at any desired angle. It would have been obvious to one of ordinary skill in the art before the effective filing date use a curved connector in the device of Bilotti, Bessler, Felder in order for allowing the user to angle the device at an any desired angle.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication 2007/0175963 to Bilotti in view of U.S. Patent 5,411,508 to Bessler and U.S. Patent Publication 2013/01753318 to Felder as applied to claims 1, 4, 9 above, and further in view of U.S. Patent 4,817,847 to Redtenbacher.
As to claim 2, Bilotti as modified by Bessler and Felder discloses a surface of the anvil head opposite to the first bottom inner circumferential surface is formed in a flat hemispherical shape, a surface of the rear head opposite to the first bottom inner circumferential surface is formed in a flat hemispherical shape (figure 2, paragraph 30) but is silent about the anvil head and the rear head form an egg shape when coupled to each other.
Redtenbacher teaches a similar device (anastomosis device, abstract) where an anvil head and an rear head each having a flat hemispherical shape that form an egg shape when coupled together to facilitate introduction (col. 4 ll. 39-57). It would have been obvious to one of ordinary skill in the art before the effective filing date to have the anvil head and rear head each have a flat hemispherical shape that form an egg when coupled in order to facilitate introduction of the device.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication 2007/0175963 to Bilotti in view of U.S. Patent 5,411,508 to Bessler and U.S. Patent Publication 2013/01753318 to Felder as applied to claims 1, 4, 9 above, and further in view of U.S. Patent 4,304,236 to Conta.
As to claim 10, with the device of Bilotti, Bessler, Felder above, Bilotti discloses the rear head includes a cutting tool (13) but is silent about the anvil head includes a cutting tool groove.
Conta teaches a similar device (surgical stapling) where an anvil head includes a cutting tool groove (where 544 is positioned, figure 66) into which at least a portion of the cutting tool enters (col. 18 ll. 53-col. 19 ll. 19) for the purpose of allowing the device to be able to cut tissue trapped by the device. It would have been obvious to one of ordinary skill in the art before the effective filing date to use the cutting tool groove of Conta in order for allowing the device to be able to cut tissue trapped by the device.
Conclusion
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/ALEXANDER J ORKIN/Primary Examiner, Art Unit 3771