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 .
This action is in response to the documents received on October 12, 2023.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 2, 6-10 and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by PARIHAR et al. (US2014/0305989).
In reference to claims 1 and 8, PARIHAR et al. discloses a driving device driving by a power assembly 10510, 10516 to drive an end actuator 10505 between an open (figure 88) and closed position (figure 90) , the driving device comprising: a first driving assembly including a first effective drive stroke structure 10532 and a first idle stroke structure 105261; a first motion conversion assembly 10536, 10538; wherein the power assembly 10510, 10516 is engaged with the first effective drive stroke structure 10532 in a first state (C’) to drive the first motion conversion assembly proximally to close the end actuator 10505 (paragraph [0359]); and wherein the power assembly 10514, 10516 is coupled with the first idle stroke structure 10526 in a second state (figure 89), such that the first motion conversion assembly 10536-10538 is disengaged (paragraph [0359] - [0361]) from the power assembly 10516.
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Diagram I
Regarding claims 2, 6 and 7, PARIHAR et al. further discloses the first motion conversion assembly including a first transmission member 10534 engaged with a first output member 10536 to move in the first state (figure 91); wherein the first ouput member 10536 includes a protruding column portion 10538 that acts as a direct output of motion.
With respect to claims 9 and 14, PARIHAR et al. discloses a surgical instrument device including a driving device driven by a power assembly 10510, 10516 to drive an end actuator 10505 between an open (figure 88) and closed position (figure 90) , the driving device comprising: a first driving assembly including a first effective drive stroke structure 10532 and a first idle stroke structure 105262; a first motion conversion assembly 10536, 10538; wherein the power assembly 10510, 10516 is engaged with the first effective drive stroke structure 10532 in a first state (C’) to drive the first motion conversion assembly proximally to close the end actuator 10505 (paragraph [0359]); and wherein the power assembly 10514, 10516 is coupled with the first idle stroke structure 10526 in a second state (figure 89), such that the first motion conversion assembly 10536-10538 is disengaged (paragraph [0359] - [0361]) from the power assembly 10516. PARIHAR et al. further discloses the end actuator 10505 (figure 85) to be a circular end actuator configured to drive staples there, wherein figure 42 of PARIHAR discloses such circular end actuators to include a cutting knife assembly 3308 that is driven forwards or backwards by a cutting knife assembly driving device (paragraph [0235]).
In reference to claim 10, PARIHAR et al. further discloses the cutting knife assembly drive device 10548 that moves the cutting knife assembly forwards and backwards (figures 91 & 93; paragraph [0362]-[0363]) per the power assembly 10510
Allowable Subject Matter
Claims 3-5 and 11-13 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Refer to attachment for notice of references cited and recommended for consideration based on their disclosure of limitations related to the claimed invention.
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/GLORIA R WEEKS/Primary Examiner, Art Unit 3731
March 9, 2023
1 paragraph [0362] – “…The shifter block 10526can push the slider gear 10516 distally until the slider gear 10516 is no longer meshingly engaged with the closure gear 10532 and the slider gear 10516 has been returned to its idle position.)
2 paragraph [0362] – “…The shifter block 10526can push the slider gear 10516 distally until the slider gear 10516 is no longer meshingly engaged with the closure gear 10532 and the slider gear 10516 has been returned to its idle position.)