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
This is a Final Detailed Action in response to amendment filed on 30 April 2025. The present application claims 16-35, submitted on 30 April 2025 are pending. Applicants’ cancelation of claims 1-15, indicated on 30 April 2025 has been acknowledged.
Claim Rejections - 35 USC § 102
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 16-35 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shelton, IV (U.S. Pub. No. 2021/0186499).
Regarding claim 16, Shelton discloses (see Figure 122 – Figure 128) a surgical staple cartridge (43400), comprising: a cartridge body (43420) defining a proximal end portion and a distal end portion (as seen in Figure 4), wherein said cartridge body (43420) is configured to be operably seated in a jaw of a surgical stapling instrument (1000); a plurality of staple cavities (1423) arranged longitudinally in said cartridge body (43420; as seen in Figure 4); a plurality of staple drivers movably supported in said plurality of staple cavities (1423), wherein each said staple driver is movable between an unfired position and a fired position (see Paragraph 0637); and a sled (43440) movably supported in said cartridge body (43420), wherein said sled (43440) comprises a wedge portion configured to actuate said staple drivers during a firing stroke (see Paragraph 0637), wherein said sled (43440) is movable between an unfired position adjacent said proximal end portion to a fired position adjacent said distal end portion (see Paragraph 0637), wherein when said sled (43440) is in the unfired position, said sled (43440) is configured to be releasably coupled to a firing driver (43720) of the surgical stapling instrument (1000) when the firing driver (43720) is driven distally from a starting position into coupling engagement with said sled (43440), and wherein said cartridge body (43420) is configured to; prevent said sled (43440) from decoupling from the firing driver (43720) during the firing stroke and a retraction stroke; and permit said sled (43440) to decouple from the firing driver (43720) when said sled (43440) is retracted to a released position that is distal to the unfired position (see Paragraph 0639).
Regarding claim 17, Shelton discloses (see Figure 122 – Figure 128) wherein said sled (43440) further comprises a sled cavity (43441) configured to receive therein a hook portion (43731) of a movable latch arm (43730) protruding from the firing driver (43720) when said sled (43440) is in the unfired position and the firing driver is driven distally from the starting position into coupling engagement with said sled (see Paragraph 0639).
Regarding claim 18, Shelton discloses (see Figure 122 – Figure 128) wherein said cartridge body (43420) comprises: a proximal ramp portion (42429) configured to guide the hook portion (43731) of the movable latch arm (43730) into hooking engagement with said sled cavity (43441) when the firing driver (43720) is driven into coupling engagement with said sled (43440) and permit the hook portion (43731) to disengage from said sled cavity (43441) when the sled (43440) has been retracted to the released position (see Paragraph 0639); and a longitudinal cavity configured to retain the hook portion (43731) of the movable latch arm (43730) in hooking engagement with said sled cavity (43441) during the firing stroke and the retraction stroke (see Paragraph 0639).
Regarding claim 19, Shelton discloses (see Figure 122 – Figure 128) wherein said sled (43440) is configured to defeat a firing driver lock (43290) of the surgical stapling instrument (1000) when said sled (43440) is in the unfired position, and wherein when said sled (43440) is in the released position, said sled (43440) is unable to defeat the firing driver lock (43290; see Paragraph 0639).
Regarding claim 20, Shelton discloses (see Figure 122 – Figure 128) wherein said sled (43440) comprises; a nose portion (44456) configured to be releasably coupled to the firing driver (43720).
Regarding claim 21, Shelton discloses (see Figure 122 – Figure 128) wherein said nose portion (44456) is configured to releasably engage a pair of spring arms (44452) on the firing driver (43720) when the firing driver (43720) is driven distally from the starting position (see Paragraph 0642, line 11-24).
Regarding claim 22, Shelton discloses (see Figure 122 – Figure 128) wherein said nose portion (44456) comprises a proximal recess (44722) corresponding to each spring arm (44452), wherein said proximal recess (44722) is configured to latchingly receive therein a portion of the corresponding spring arm (44452) when the corresponding spring arm (44452) is in a latched configuration (see Paragraph 0642, line 11-24).
Regarding claim 23, Shelton discloses (see Figure 122 – Figure 128) wherein said cartridge body (43420) further comprises a longitudinal slot (40423) extending from said proximal end portion to said distal end portion, wherein said longitudinal slot (40423) is sized relative to said nose portion (44456) to retain the spring arms (44452) in latching engagement with said corresponding proximal recesses (44722) during the firing stroke and the retraction stroke and permit the spring arms (44452) to move out of latching engagement with said corresponding proximal recesses (44722) when said sled is retracted to the released position (see Paragraph 0631).
Regarding claim 24, Shelton discloses (see Figure 122 – Figure 128) wherein said nose portion (44456) further comprises a proximal ramp portion (42429) corresponding to each said proximal recess (44722) and spring arm (44452), and wherein each said proximal ramp portion (42429) is configured to move the corresponding spring arm (44452) into latching engagement with the proximal recess (44722) when the firing driver (43720) is driven distally from the starting position.
Regarding claim 25, Shelton discloses (see Figure 122 – Figure 128) wherein said cartridge body (43420) further comprises at least one protrusion (42428) configured to prevent said sled (43440) from moving proximally beyond the released position during the retraction stroke (see Paragraph 0636).
Regarding claim 26, Shelton discloses (see Figure 122 – Figure 128) wherein each said protrusion (42428) is configured to be retainingly received in a corresponding distal recess (42448) in said nose portion (44456) when said sled (43440) is in said released position.
Regarding claim 27, Shelton discloses (see Figure 122 – Figure 128) wherein said sled (43440) comprises a knife (43450).
Regarding claim 28, Shelton discloses (see Figure 122 – Figure 128) wherein said cartridge body (43420) further comprises a proximal knife housing (38732), and wherein said knife (38750) is configured to be stored in said proximal knife housing (38732) when said sled (38740; 43440) is in said unfired position and said released position.
Regarding claim 29, Shelton discloses (see Figure 122 – Figure 128) a surgical stapling instrument (43000), comprising: a first jaw (43200) configured to operably support a surgical staple cartridge (43400) therein; a second jaw (43230) rotatable relative to said first jaw (43200) between an unclamped position and a clamped position (see Paragraph 0637); and a firing driver (43700) movable from a proximal position to a distal position during a firing stroke and movable from the distal position to the proximal position during a retraction stroke (see Paragraph 0637), wherein said firing driver (43700) comprises: a distal head portion (44720); and a latch arm (43730) movably coupled to said distal head portion, wherein said latch arm (43730) comprises a hook portion (43731) configured to engage a ramp (42429) on the surgical staple cartridge (43400) operably supported in said first jaw (1220) when said firing driver (43700) is distally moved from the proximal position during the firing stroke, wherein the ramp (42429) moves said hook portion (43731) into a cavity (43441) within a sled (43440) in the surgical staple cartridge (43400) such that when said firing driver (43700) is moved from the distal position during the retraction stroke said latch arm (43730) causes said sled to move proximally to a released position in which said hook portion (43731) disengages from the ramp (42429) and said hook portion (43731) moves out of the cavity (43441) within the sled (43440), and wherein said sled (43440) is configured to eject a staple removably stored by the staple cartridge (43400) during the firing stroke (see Paragraph 0639).
Regarding claim 30, Shelton discloses (see Figure 122 – Figure 128) wherein said distal head portion (44720) is configured to move between a locked position wherein said distal head portion (44720) engages a lock ledge (43290) on said first jaw (1220) to prevent distal travel of said distal head portion (44720) beyond the locked position and an unlocked position wherein said distal head portion (44720) clears said lock ledge (43290) on said first jaw (1220) to move to the distal position during the firing stroke, and wherein said distal head portion (44720) is configured to be moved from the locked position to the unlocked position by the sled (43440) when the sled (43440) is in an unfired position within the surgical staple cartridge (43400).
Regarding claim 31, Shelton discloses (see Figure 122 – Figure 128) wherein the ramp (42429) is positioned to enable the hook portion (44720) to disengage from the sled (43440) at the released position which is distal to the unfired position of the sled (see Paragraph 0638).
Regarding claim 32, Shelton discloses (see Figure 122 – Figure 128) a stapling system, comprising: a stapling instrument (1000; 43000), comprising: an end effector (43200); and a firing driver (43720) movable relative to said end effector (43200) from a proximal position to a distal position during a firing stroke and movable relative to said end effector (43200) from said distal position to said proximal position during a retraction stroke (see Paragraph 0637), wherein said firing driver (43720) comprises a pair of opposing spring arms (44452); and a staple cartridge positioned in said end effector (43200), wherein said staple cartridge comprises (43420): a cartridge body (43420) defining a proximal end portion and a distal end portion; a plurality of staple cavities (1423) arranged longitudinally in said cartridge body (43420); a plurality of staples removably stored in said staple cavities (1423); and a sled (43440) movably supported in said cartridge body (43420), wherein said sled (43440) comprises a wedge portion configured to eject said staples during a firing stroke (see Paragraph 0637), wherein said sled (43440) is movable between an unfired position adjacent said proximal end portion to a fired position adjacent said distal end portion (see Paragraph 0637), wherein when said sled (43440) is in the unfired position, said opposing spring arms (44452) of said firing driver (43720) are configured to be releasably coupled to said sled (43440) when said firing driver (43720) is driven distally from a starting position into coupling engagement with said sled (43440), and wherein said cartridge body (43420) is configured to: prevent said opposing spring arms (44452) of said firing driver (43720) from decoupling from said sled (43440) during the firing stroke and the retraction stroke; and permit said opposing spring arms (44452) of said firing driver (43720) to decouple from said sled (43440) when said sled (43440) is retracted to a released position that is distal to the unfired position (see Paragraph 0642).
Regarding claim 33, Shelton discloses (see Figure 122 – Figure 128) wherein said sled (43440) further comprises a sled cavity (43441) configured to receive therein a hook portion (43731) of at least one of the opposing spring arms (44452) of said firing driver (43720) when said sled (43440) is in the unfired position and said firing driver (43720) is driven distally from the starting position into coupling engagement with said sled (43440; see Paragraph 0642).
Regarding claim 34, Shelton discloses (see Figure 122 – Figure 128) wherein said cartridge body (43420) comprises a cutout portion (44422) at its proximal end portion (as seen in Figure 130), wherein said cutout portion (44422) provides space for the opposing spring arms (44452) to couple with the sled (43440) during the firing stroke of the firing driver (43720) and provides space for the opposing spring arms (44452) to decouple from the sled (43440) during the retraction stroke of the firing driver (see Paragraph 0642).
Regarding claim 35, Shelton discloses (see Figure 122 – Figure 128) wherein said cartridge body (43420) further comprises a sled retainer tab (43290) configured to releasably retain said sled (43440) in the unfired position while permitting said sled (43440) to be distally advanced through said cartridge body (43420) by the firing driver (43720) during the firing stroke and retracted back to the released position and preventing said sled (43440) from returning to the unfired position (see Paragraph 0639).
Response to Arguments
Applicant’s arguments with respect to claims 15-35 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.
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 XAVIER A MADISON whose telephone number is (571)272-7786. The examiner can normally be reached M-F 8:30 a.m. - 5 p.m..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thanh Truong can be reached at (571) 272-4472. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/XAVIER A MADISON/Examiner, Art Unit 3731
/THANH K TRUONG/Supervisory Patent Examiner, Art Unit 3731