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 .
Response to Amendment
The amendment filed 10/15/2025 has been entered. Claims 1-20 are pending in the application.
Claim Objections
Claim 1 is objected to because of the following informalities: In claim 1, the phrase “based on distal advancement of firing driver” should be - - based on distal advancement of a firing driver - -. Appropriate correction is required.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: the step(s) - the longitudinal slot is defined by a first lateral sidewall and a second lateral sidewall, further comprising attaching a first support plate to the first lateral sidewall and attaching/embedding a second support plate to the second lateral sidewall is not found in the specification as recited in claims 9-10 and 19-20. Also, the term “support plate” is not found in the specification. Examiner is interpreting claims as the cartridge slot as having sidewalls and a bottom for claims 9-10 and 19-20.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 9-11, and 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Aronhalt (US 20140224686 A1).
Regarding claim 1, Aronhalt discloses a method of assembling a surgical staple cartridge (staple cartridge 22000/cartridge 5602, figs. 93), comprising: attaching a pan (11610 [0466-0467, 0490-0492], figs. 90-93) to a cartridge body (22010/5650), the cartridge body comprising a proximal end, a distal end, a deck (5652), longitudinal rows of staple cavities (5654 [0490-0492], figs. 93) extending between the proximal end and the distal end, and a longitudinal slot (5656) extending from the proximal end toward the distal end; positioning staples in the staple cavities; positioning a support pillar/buttress support (5658/5660) in the longitudinal slot such that an end of the support extends above the deck (fig. 93B shows mount 5660 above the deck); wherein the support pillar is configured to slide distally along the longitudinal slot based on distal advancement of a firing driver (5630) through the cartridge body (tongue 5640 pushes the mounts 5660 and they deflect/move longitudinally and upwardly [0494]; and
positioning a sled (5634) in the cartridge body proximal to the support such that the sled is longitudinally aligned with the support pillar (5660, [0490-0494], fig. 93C-D).
Regarding claims 11, Aronhalt discloses a method of assembling a surgical staple cartridge (staple cartridge 22000/cartridge 5602, figs. 93) for use with a surgical stapling instrument ([0490-0494], fig. 90-93), comprising: obtaining a cartridge body (22010/5650), configured to be seated in a jaw ([0490-0494], fig. 90-93) of the surgical stapling instrument, the cartridge body comprising a proximal end, a distal end, a deck (5652), longitudinal rows of staple cavities (5654 [0490-0492], figs. 93) extending between the proximal end and the distal end, and a longitudinal slot (5656) extending from the proximal end toward the distal end;
positioning a longitudinally-slideable support pillar/buttress support (5658/5660) in the longitudinal slot such that an end of the support pillar (5660) extends above the deck (fig. 93B shows mount 5660 above the deck); and positioning a longitudinally-sliedeable sled (5634) in the cartridge body proximal to the support pillar such that the sled contacts the support pillar (figs. 92-93) during a staple firing stroke and slides the support pillar along the longitudinal slot toward the distal end during the staple firing stroke ([0490-0494], fig. 90-93).
Regarding claims 9-10 and 19-20, Bucciaglia et al. discloses the longitudinal slot (5656) is defined by a first lateral sidewall and a second lateral sidewall ([0069, 0099-0101, 0121-0131], figs. 2-7, 14-20, and 26) further comprising attaching a first support plate to the first lateral sidewall and attaching/embedding a second support plate to the second lateral sidewall (pan/plate 11610 attached [0466-0467, 0490-0492], figs. 90-93).
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bucciaglia et al. (US 20160345971 A1).
Regarding claim 1, Bucciaglia et al. discloses a method of assembling a surgical staple cartridge (100/106, interchangeable cartridge kits 105, [0061, 0093], figs. 1-3), comprising: attaching a pan (104) to a cartridge body (134), the cartridge body comprising a proximal end (136), a distal end (136), a deck ([0072], figs. 2-3), longitudinal rows of staple cavities (142/144, figs. 2-7 and 14) extending between the proximal end and the distal end, and a longitudinal slot (140) extending from the proximal end toward the distal end; positioning staples in the staple cavities; positioning a support pillar (108/120) in the longitudinal slot such that an end of the support extends above the deck (figs. 2-7, 14-20, and 26); wherein the support pillar (either of 108 or 120) is configured to slide distally along the longitudinal slot based on distal advancement of a firing driver (122/120) through the cartridge body (108/120 slide through the slot and “movable relative to each other” or together ([0069, 0099-0101, 0121-0131], figs. 2-7, 14-20, and 26); and
positioning a sled (128, 130 or either of the other 118/120 is a sled) in the cartridge body proximal to the support such that the sled is longitudinally aligned with the support pillar (118/120 are aligned, see fig. 19 and the cams are also aligned, ([0069, 0099-0101, 0121-0131], figs. 2-7, 14-20, and 26).
Bucciaglia et al. states: “cutting mechanism 108 may move distally substantially or nearly simultaneously or in coordination with one or more cam(s) 128, 130 [0088]…other one of the members 118, 120 may be configured to travel with the first member 118, 120, such that, together, the first and second members 118, 120 may provide a strengthening effect on the stapler 100” [0122]… any part of the first member 118 or the second member 120 may be made unitary, or any part may be a separate component coupled to other components of the cutting mechanism 108” [0131].
Regarding claims 11, Bucciaglia et al. discloses a method of assembling a surgical staple cartridge (106, interchangeable cartridge kits 105, [0061, 0093], figs. 1-3) for use with a surgical stapling instrument (100), comprising: obtaining a cartridge body body (134), configured to be seated in a jaw (104) of the surgical stapling instrument, the cartridge body comprising a proximal end (136), a distal end (136), a deck ([0072], figs. 2-3), longitudinal rows of staple cavities (142/144, figs. 2-7 and 14) extending between the proximal end and the distal end, and a longitudinal slot (140) extending from the proximal end toward the distal end;
positioning a longitudinally-slideable support pillar (108/120) in the longitudinal slot such that an end of the support pillar (108/120) extends above the deck (figs. 2-7, 14-20, and 26); and positioning a longitudinally-sliedeable sled (128, 130 or either of the other 118/120 is a sled) in the cartridge body proximal to the support pillar such that the sled contacts the support pillar (108/120 slide through the slot and “movable relative to each other” or together ([0069, 0099-0101, 0121-0131], figs. 2-7, 14-20, and 26) during a staple firing stroke and slides the support pillar along the longitudinal slot toward the distal end during the staple firing stroke (118/120 are slides tother, one pushes the other, see fig. 19 and one can move behind the cams in which the cam is the sled, ([0069, 0099-0101, 0121-0131], figs. 2-7, 14-20, and 26).
Regarding claims 2-8 and 12-18, Bucciaglia et al. discloses the longitudinal slot comprises a longitudinal slot length, and wherein positioning the support pillar comprises positioning the support pillar at a midpoint of the longitudinal slot length and wherein positioning the support pillar comprises positioning the support pillar proximal to a midpoint of the longitudinal slot length or distal to a midpoint of the longitudinal slot length, wherein the longitudinal rows of staple cavities define a longitudinal staple field length, and wherein positioning the support pillar comprises positioning the support pillar at or to a midpoint of the longitudinal staple field length, wherein positioning the support pillar comprises positioning a portion of the support pillar between the cartridge body and the pan (the pillars 108/120 are “movable relative to each other” or together in which they can be moved to any position in the slot, proximal, middle, distal along the slot ([0069, 0099-0101, 0121-0131], figs. 2-7, 14-20, and 26).
Regarding claims 9-10 and 19-20, Bucciaglia et al. discloses the longitudinal slot (140) is defined by a first lateral sidewall and a second lateral sidewall ([0069, 0099-0101, 0121-0131], figs. 2-7, 14-20, and 26) further comprising attaching a first support plate to the first lateral sidewall and attaching/embedding a second support plate to the second lateral sidewall (see fig. 2).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on all references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Williams et al. (US 20230149016 A1) – support pillar (90, [0051], figs. 4, 13, 17). Also, see references cited, form 892.
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 ROBERT LONG whose telephone number is (571)270-3864. The examiner can normally be reached M-F, 9am-5pm, 8-9pm (EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, SHELLEY SELF can be reached at (571) 272-4524. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT F LONG/Primary Examiner, Art Unit 3731