DETAILED ACTION
The following Office Action is in response to the Amendment filed on April 3, 2026. Claims 1-12 and 15-17 are currently pending, wherein of the pending claims, claims 1-2 are currently pending.
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 .
Response to Arguments
Concerning the “Objections to Specification” section on page 14 of the Applicant’s Response filed on April 3, 2026, the applicant’s arguments have been fully considered, but they are not relevant to the present application. The amendment to the Specification detailed in the arguments have not been submitted with the Amendment and the paragraphs referenced in the arguments do not exist within the present Specification.
Concerning the “Rejections under 35 U.S.C. § 102 and § 103” section on pages 14-16 of the Applicant’s Response filed on April 3, 2026, the applicant’s arguments have been fully considered, but they are moot in view of the new ground(s) of rejection.
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.
Claim(s) 3, 4, and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yi et al. (US 2020/0261095, hereinafter Yi) in view of PVR (US 2019/0133593).
Concerning claim 3, the Yi et al. prior art reference teaches a clip applicator (Figure 1; 100), comprising an adapter (Figure 1; 100) and a clip cartridge assembly (Figure 1; 300) which are detachably connected together ([¶ 0111]), wherein the clip-cartridge assembly comprises a clip-cartridge shaft (Figure 37; 130) that moves between a proximal-end initial position of the clip-cartridge shaft (Figure 37; 130) and a distal-end terminate position of the clip-cartridge shaft (Figure 39; 130); the adapter comprises a drive shaft located on a proximal side of the clip-cartridge shaft (Figure 37; 122); when the clip-cartridge shaft is located at the proximal-end initial position of the clip-cartridge shaft, the clip-cartridge shaft and the drive shaft are in a connection separable under an axial force ([¶ 0111]), when the clip-cartridge shaft is located at the distal-end terminate position of the clip-cartridge shaft and at a position between the proximal-end initial position of the clip-cartridge shaft and the distal-end terminate position of the clip-cartridge shaft, the clip cartridge shaft and the drive shaft are locked ([¶ 0112]), wherein the clip-cartridge shaft is provided with a first lock structure (Figure 37; 122f); the drive shaft is provided with a second lock structure (Figure 37; 136); wherein the first lock structure further comprises a snap member (Figure 37; grooves of 122f), the second lock structure comprising a plurality of lock grooves arranged at the distal end of the drive shaft (Figure 37; 136), but it does not specifically teach the snap member comprising a plurality of groups of lock beads arranged around an axis of the clip cartridge shaft, and the second lock structure comprising a plurality of lock grooves arranged at the distal end of the drive shaft in one-to-one correspondence with the plurality of groups of lock beads.
However, the PVR reference teaches a clip applicator including an adapter and a clip cartridge assembly, therein being in the same field of endeavor as the Yi reference, wherein the PVR reference teaches a first lock structure being a snap member comprising a plurality of groups of lock beads arranged around an axis of a shaft (Figure 6; 178) and a second lock structure comprising a plurality of lock grooves arranged on a shaft in one-to-one correspondence with the plurality of groups of lock beads (Figure 7; 222).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to replace the ball and tab lock structure of the Yi reference with the lock beads and lock grooves of the PVR reference as a simple substitution of one known locking structure for a clip cartridge assembly (the ball and tab lock structure of the Yi reference) for another known locking structure for a clip cartridge assembly (the locking bead and groove structure of the PVR reference) which would yield the predictable result of a locking structure that operates in the same manner as the PVR reference.
Concerning claim 4, the combination of the Yi and PVR references as discussed above teaches the clip applicator according to claim 3, wherein the Yi reference further teaches the drive shaft moving between a proximal-end initial position of the drive shaft (Figure 37), a connection position (Figure 38), and a distal-end terminate position of the drive shaft (Figure 39) sequentially provided from a proximal end to a distal end; when the drive shaft is located at the proximal-end initial position of the drive shaft the drive shaft is axially spaced apart from the clip-cartridge shaft located at the proximal-end initial position of the clip-cartridge shaft (Figure 37; 122, 130); when the drive shaft is located at the connection position, the drive shaft and the clip-cartridge shaft located at the proximal-end initial position of the clip-cartridge shaft are in the connection separable under the axial external force (Figure 38; 122, 130); and when the drive shaft is located at the distal-end terminate position of the drive shaft, the clip-cartridge shaft is located at the distal-end terminate position of the clip-cartridge shaft (Figure 39; 122, 130).
Concerning claim 10, the combination of the Yi and PVR references as discussed above teaches the clip applicator according to claim 3, wherein the Yi reference further teaches the clip-cartridge assembly further comprising a tube body (Figure 2; 202, 118), a clip-push mechanism (Figure 8; 304), a firing mechanism (Figure 6; 122a), a first reset member (Figure 8; 310) and a second reset member (Figure 6; 124), the clip cartridge shaft, the clip-push mechanism and the firing mechanism are at least partially located in the tube body; during the clip-cartridge shaft moves from the proximal-end initial position of the clip-cartridge shaft to the distal-end terminate position of the clip-cartridge shaft, the clip-cartridge shaft firstly drives the clip-push mechanism to move along a distal-end direction and then drives the firing mechanism to move along the distal-end direction ([¶ 0114-0116]); the first reset member is provided between the clip-push mechanism and the clip-cartridge shaft, accumulates force during the clip-cartridge shaft moves from the proximal-end initial position of the clip-cartridge shaft to the distal-end terminate position of the clip-cartridge shaft, and drives the clip-push mechanism to reset during the clip-cartridge shaft moves from the distal-end terminate position of the clip-cartridge shaft to the proximal-end initial position of the clip-cartridge shaft ([¶ 0106]); the second reset member is provided between the firing mechanism and the tube body, accumulates force during the clip-cartridge shaft moves from the proximal-end initial position of the clip-cartridge shaft to the distal-end terminate position of the clip-cartridge shaft, and drives the firing mechanism to reset during the clip-cartridge shaft moves from the distal-end terminate position of the clip-cartridge shaft to the proximal-end initial position of the clip-cartridge shaft ([¶ 0074]).
Claim(s) 5 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yi et al. (US 2020/0261095, hereinafter Yi) in view of PVR (US 2019/0133593) as applied to claims 3, 4, and 10 above, and further in view of Shelton, IV et al. (US 2014/0005693, hereinafter Shelton).
Concerning claims 5 and 12, the combination of the Yi and PVR references as discussed above teaches the clip applicator according to claim 3, wherein the Yi reference further teaches the adapter comprising a drive mechanism (Figure 2; 122a), the drive mechanism being connected with the drive shaft (Figure 2; 120) and being configured for driving the drive shaft to move along an axis direction of the drive shaft; and lock of the drive shaft and the clip-cartridge is a lock that allows synchronous axial movement of the drive shaft and the clip cartridge shaft, but it does not specifically teach rotation of the drive shaft or synchronous rotation of the drive shaft and the clip-cartridge shaft.
However, the Shelton reference teaches a clip applicator with a clip cartridge assembly (Figure 28) including a drive shaft (Figure 28; 610) and a clip-cartridge shaft (Figure 28; 620), wherein the Shelton reference teaches that the drive mechanism may rotate the drive shaft, which may synchronously rotate the clip-cartridge shaft ([¶ 0091]).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have the drive mechanism of the Yi and PVR combination rotate the drive shaft to synchronously rotate the clip-cartridge shaft as in the Shelton reference to allow the shaft and end effector of the clip applier to be rotated to help position and orient the end effector of the clip applier (Shelton; [¶ 0091-0092]).
Furthermore, the Shelton reference teaches that the drive mechanism may rotate the drive shaft in order to convert an axial movement of the clip-cartridge, Therefore, it would have been further obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have the drive mechanism rotate the drive shaft in order to convert an axial movement of the clip-cartridge in order to allow for the driving mechanism to be provided via an electric motor and gear train to actuate and fire the clip applier (Shelton; [¶ 0091-0092]).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yi et al. (US 2020/0261095, hereinafter Yi) in view of PVR (US 2019/0133593) as applied to claims 3, 4, and 10 above, and further in view of Baril (US 2018/0008277).
Concerning claims 11, the Yi reference teaches the clip applicator to claim 3, wherein the adapter comprises a drive mechanism (Figure 2; 122a), the drive mechanism is connected with the drive shaft (Figure 2; 120) and is configured for driving the drive shaft to move along an axis direction of the drive shaft; and lock of the drive shaft and the clip-cartridge is a lock that allows synchronous axial movement of the drive shaft and the clip cartridge shaft, but it does not specifically teach relative rotation.
However, the Baril reference teaches a clip applicator with a clip cartridge assembly (Figure 1; 400) including a drive shaft (Figure 3; 120) and a clip-cartridge shaft (Figure 40; 424), wherein the Baril reference teaches that the cartridge assembly may be rotated relative to the drive shaft ([¶ 0128]).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have lock of the drive shaft and the clip-cartridge allow for relative rotation as in the Baril reference to allow the clip cartridge to be rotated relative to the handle of the device 360° for positioning and orientation of the end effector (Baril; [¶ 0128]).
Allowable Subject Matter
Claim 17 is allowed.
Claims 6-9 and 15-16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
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 MARTIN TRUYEN TON whose telephone number is (571)270-5122. The examiner can normally be reached Monday - Friday; EST 10:00 AM - 6:30 PM.
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/MARTIN T TON/Examiner, Art Unit 3771 5/27/2026
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