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 .
Information Disclosure Statement
Receipt is acknowledged of Information Disclosure Statement(s) (IDS), filed 05 February 2024 and 04 November 2024, which have been placed of record in the file. An initialed, signed, and dated copy of each PTO-1449 or PTO-SB-08 form is attached to the Office action.
The Information Disclosure Statement filed 05 February 2024 fails to comply with 37 CFR 1.98(a)(2), which requires the following: (2)(ii) a legible copy of each publication or that portion which caused it to be listed. A legible copy of the non-patent literature listed on page 4 of the IDS has not been provided. The citation has been lined through.
The Information Disclosure Statement filed 05 February 2024 fails to comply with 37 CFR 1.98(b)(3), which requires the following: (3) Each U.S. application listed in an information disclosure statement must be identified by the inventor, application number, and filing date. The listing of applications on page 4 of the IDS does not include identification of the inventor. These citations have been lined through.
Response to Preliminary Amendment
Receipt is acknowledged of a preliminary amendment, filed 13 October 2023, which has been placed of record and entered in the file.
Status of the claims:
Claims 16-36 are pending.
Claims 16-36 are new.
Claims 1-15 are canceled.
Specification and Drawings:
Amendments to the specification and drawings have not been submitted in the amendment filed 13 October 2023.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: R2. Reference character R2 appears in paragraph [0070]. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: RZ. Reference character RZ appears in figure 16. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities: The specification contains numerous references to U.S. patent applications identified only by the attorney’s docket number (i.e., in paragraph [0026], [0027]). Applicant is encouraged to update the specification to properly identify the U.S. patent applications by U.S. serial number and/or U.S. patent publication number or U.S. patent number, where appropriate, taking care that the updated information is complete and accurate, and that no new matter is introduced.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 24 and 31 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 24 recites the limitation “said camp ram” in line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 31 recites the limitation "said closure tube" in line 18. There is insufficient antecedent basis for this limitation in the claim.
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 16-18, 20-23, 26-27, and 30-31 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shelton et al. (US Patent Publ. No. 2018/0168613).
With respect to claim 16, Shelton et al. disclose a surgical instrument assembly (fig. 1), comprising: a first jaw (elongate channel 1102, fig. 10); a second jaw rotatably coupled to said first jaw (pivotally supported anvil 1130, [0326]), wherein said second jaw is movable between an open position (figs. 37, 38) and a closed position (fig. 36), and wherein said second jaw comprises: a proximal end (at connection bridge 1153, fig. 12); a distal end (distal end 1133, fig. 12); a longitudinal jaw axis extending between said proximal end and said distal end (shaft axis SA, fig. 2); a first circumferential periphery extending about said longitudinal jaw axis (Annotated Figure 24), wherein said first circumferential periphery comprises first contact ridges (lines indicating different surfaces are considered ridges, Annotated Figure 24); and a second circumferential periphery extending about said longitudinal jaw axis (Annotated Figure 24), wherein said second circumferential periphery comprises second ridges (lines indicating different surfaces are considered ridges, Annotated Figure 24) and clearance flats (zones of contact 1155c between the ridges, Annotated Figure 24), wherein each said clearance flat is positioned intermediate two said second ridges (Annotated Figure 24), and wherein said first circumferential periphery is situated distally with respect to said second circumferential periphery (first periphery is distal to second periphery, hole 1156 receives pivot pin 1158 indicating proximal/distal direction, Annotated Figure 24); and a closure tube movable from a proximal position to a distal position during a closure stroke (closure tube assembly 1400 distally and proximally translates to close and open the anvil, fig. 10, [0326], [0330]), wherein said closure tube is configured to contact said first contact ridges during said closure stroke to move said second jaw into said closed position (distal closure tube segment 1430 has an internal cam surface 1444 to cammingly engage the zones of contact 1155d of the cam surfaces 1152, [0351], figs. 10, 34), wherein said closure tube is movable proximally from said distal position toward said proximal position to permit said second jaw to return to said open position (closure tube assembly 1400 distally and proximally translates to close and open the anvil, fig. 10, [0326], [0330]), and wherein said second ridges are in contact with said closure tube when said second jaw is in said open position (cam surfaces 1152 shown in contact with internal cam surface 1444 when anvil is in the open position, fig. 38). Shelton et al. disclose that the second control surfaces (surfaces in the “zones of contact 1155c”, [0351], Annotated Figure 24) are cam surfaces for opening/closing the anvil, and therefore are in contact with the closure tube during opening and closing the anvil, and while the anvil is in an open position.
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With respect to claim 17, Shelton et al. disclose said first circumferential periphery comprises first flat surfaces (surfaces between the ridges, Annotated Figure 24), and wherein each said first flat surface is positioned intermediate two said first contact ridges (Annotated Figure 24).
With respect to claim 18, Shelton et al. disclose wherein said first contact ridges are arranged in an array (the ridges are arranged in order along the anvil periphery forming an array, Annotated Figure 24), wherein said array of first contact ridges comprises a first segment on a first side of said longitudinal jaw axis and a second segment on a second side of said longitudinal jaw axis (the anvil and the ridges are symmetrical along the longitudinal axis, fig. 24), and wherein said first segment is separated from said second segment (the segments are separated by the anvil slot, Annotated Figure 24).
With respect to claim 20, Shelton et al. disclose each said clearance flat is aligned with a said first contact ridge (Annotated Figure 24).
With respect to claim 21, Shelton et al. disclose wherein said second ridges are arranged in an array (the ridges are arranged in order along the anvil periphery forming an array, Annotated Figure 24), wherein said array comprises a segment on a first side of said longitudinal jaw axis and a second segment on a second side of said longitudinal jaw axis (the anvil and the ridges are symmetrical along the longitudinal axis, fig. 24), and wherein said first segment is separated from said second segment (the segments are separated by the anvil slot, Annotated Figure 24).
With respect to claim 22, Shelton et al. disclose said first contact ridges are longitudinally registered with said clearance flats. As shown in Annotated Figure 24, the distal-most portions of the first contact ridges are in line in the longitudinal direction with the clearance flats, and are therefore considered to be longitudinally registered with the clearance flats.
With respect to claim 23, Shelton et al. disclose said first contact ridges are longitudinally out of register with said second ridges. As shown in Annotated Figure 24, the distal-most portions of the first contact ridges are out of line in the longitudinal direction with the second ridges, and are therefore considered to be longitudinally out of register with the second ridges.
With respect to claim 26, Shelton et al. disclose wherein said first jaw comprises a channel configured to receive a replaceable staple cartridge comprising staples removably stored therein (staple cartridge, fig. 10) and said second jaw comprises an anvil, and wherein said anvil comprises staple forming pockets (forming pockets, fig. 14, [0348]).
With respect to claim 27, Shelton et al. disclose a replaceable staple cartridge (replaceable staple cartridge, [0309], fig. 10).
With respect to claim 30, Shelton et al. ‘613 disclose said second jaw is rotatable along an opening axis (hole 1156 receives pivot pin 1158, fig. 10), wherein said first contact ridges comprise a first lateral control edge and a second lateral control edge (first contact ridges are spaced laterally on either side of the anvil slot, fig. 24), wherein said first lateral control edge and said second lateral control edge define an axis that is orthogonal to said opening axis (proximal-most portions of the first contact ridges define an axis orthogonal to pivot axis, Annotated Figure 24), and wherein said closure tube engages said first lateral control edge and said second lateral control edge during said closure stroke (distal closure tube segment 1430 has an internal cam surface 1444 to cammingly engage the zones of contact 1155d of the cam surfaces 1152, [0351], figs. 10, 34) to limit distortion of said closure tube during the closure stroke. Shelton et al. disclose that the configuration of the cam surfaces serve to better distribute the closure forces to the anvil ([0351]).
Shelton et al. disclose the closure tube that engages the first and second lateral control edges during the closure stroke. Thus the closure tube and first and second lateral control edges are fully capable of limiting distortion of said closure tube during the closure stroke.
The intended use recitation language (some of which has been italicized supra) carries no weight in the absence of any distinguishing structure. Shelton et al. disclose the structure as claimed and is thus capable of performing the functions. See MPEP 2114 which states: APPARATUS CLAIMS MUST BE STRUCTURALLY DISTINGUISHABLE FROM THE PRIOR ART While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. In re Schreiber, 128 F.3d 1473, 1477-78, 44 USPQ2d 1429, 1431-32 (Fed. Cir. 1997) (The absence of a disclosure in a prior art reference relating to function did not defeat the Board's finding of anticipation of claimed apparatus because the limitations at issue were found to be inherent in the prior art reference); see also In re Swinehart, 439 F.2d 210,212-13, 169 USPQ 226,228-29 (CCPA 1971); In re Danly, 263 F.2d 844, 847, 120 USPQ 528,531 (CCPA 1959). "[A]pparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original).
With respect to claim 31, Shelton et al. disclose a surgical instrument assembly (fig. 1), comprising: a first jaw (elongate channel 1102, fig. 10); a second jaw rotatably coupled to said first jaw (pivotally supported anvil 1130, [0326]), wherein said second jaw is movable between an open position (figs. 37, 38) and a fully clamped position (fig. 36), and wherein said second jaw comprises: a proximal end (at connection bridge 1153, fig. 12); a distal end (distal end 1133, fig. 12); a longitudinal jaw axis extending between said proximal end and said distal end (shaft axis SA, fig. 2); a first periphery extending about said longitudinal jaw axis (Annotated Figure 24), wherein said first periphery comprises first control surfaces (surfaces in the “zone of contact 1155d”, [0351], Annotated Figure 24); and a second periphery extending about said longitudinal jaw axis (Annotated Figure 24), wherein said second periphery comprises second control surfaces (surfaces in the “zones of contact 1155c”, [0351], Annotated Figure 24), and wherein said first periphery is situated distally with respect to said second periphery (first periphery is distal to second periphery, hole 1156 receives pivot pin 1158 indicating proximal/distal direction, Annotated Figure 24); and a clamping driver movable from a proximal position to a distal position during a clamping stroke (closure tube assembly 1400 distally and proximally translates to close and open the anvil, fig. 10, [0326], [0330]), wherein said clamping driver is configured to contact said first control surfaces during said clamping stroke to move said second jaw into said fully clamped position (distal closure tube segment 1430 has an internal cam surface 1444 to cammingly engage the zones of contact 1155d of the cam surfaces 1152, [0351], figs. 10, 34), wherein said closure tube (closure tube assembly 1400) is movable proximally from said distal position toward said proximal position to permit said second jaw to return to said open position (closure tube assembly 1400 distally and proximally translates to close and open the anvil, fig. 10, [0326], [0330]), and wherein said second control surfaces are in contact with said clamping driver when said second jaw is in said open position (cam surfaces 1152 shown in contact with internal cam surface 1444 when anvil is in the open position, fig. 38). Shelton et al. disclose that the second control surfaces (surfaces in the “zones of contact 1155c”, [0351], Annotated Figure 24) are cam surfaces for opening/closing the anvil, and therefore are in contact with the closure tube during opening and closing the anvil, and while the anvil is in an open position.
Claims 32-34 and 36 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Harris et al. (US Patent Publ. No. 2020/0054323).
With respect to claim 32, Harris et al. disclose a surgical instrument assembly (fig. 1), comprising: a first jaw (channel 1310, fig. 6); a second jaw rotatably coupled to said first jaw (anvil 2000 pivotally supported relative to the channel 1310, fig. 6, [0381]), wherein said second jaw is movable between an open position and a fully-clamped position along an opening axis (anvil 2000 is pivotal about pivot axis PA to open and fully clamped positions, [0397], figs. 6, 10, 12, 14), and wherein said second jaw comprises: a proximal end (at mounting portion 2010, fig. 6); a distal end (opposite the proximal end, fig. 6); a longitudinal jaw axis extending between said proximal end and said distal end (shaft axis SA, fig. 6); and a periphery extending about said longitudinal jaw axis (anvil cam surface 2020, fig. 6, [0399]), wherein said periphery comprises a first lateral control edge (first right load transfer edge 2070R, figs. 6, 13, [0408]) and a second lateral control edge (first left load transfer location or edge 2070L, figs. 6, 13, [0408]), wherein said first lateral control edge and said second lateral control edge define an outer control dimension of said second jaw (the discrete load transfer locations/edges are configured to be contacted by the inner surface 3076 of the closure tube 3050, [0408], fig. 6); and a closure tube movable from a proximal position to a distal position during a clamping stroke to move said second jaw into said fully-clamped position (closure tube 3050 moves distally to pivot the anvil 2000, [0399]), wherein said closure tube comprises an inner sidewall that defines in an inner longitudinal aperture (inner surface 3076 of closure tube 3050, fig. 9, [0408]), and wherein said inner sidewall engages said first lateral control edge and said second lateral control edge during said closure stroke (the discrete load transfer locations/edges are configured to be contacted by the inner surface 3076 of the closure tube 3050, [0408], fig. 6) to limit distortion of said closure tube during the clamping stroke (the “at least two discrete load transfer locations located on each side of the vertical plane may reduce the amount of detrimental hoop stress established in the end effector closure tube 3050”, [0412]).
With respect to claim 33, Harris et al. disclose said first lateral control edge and said second lateral control edge define an axis that is orthogonal to said opening axis (load transfer edges 2070L, 2070R are orthogonal to opening axis PA, fig. 6).
With respect to claim 34, Harris et al. disclose a firing driver movable through a staple firing stroke (firing member 1900, knife bar 1910, fig. 5), wherein contact between said inner sidewall and said first lateral control edge and said second lateral control edge limit the distortion of said closure tube during the staple firing stroke (the “at least two discrete load transfer locations located on each side of the vertical plane may reduce the amount of detrimental hoop stress established in the end effector closure tube 3050” as it is distally moved, [0412]).
With respect to claim 36, Harris et al. disclose said first lateral control edge and said second lateral control edge extend longitudinally when said second jaw is in said fully-clamped position (load transfer edges 2070L, 2070R extend longitudinally when anvil is closed, figs. 6, 12, 14).
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.
Claims 19, and 28-29 are rejected under 35 U.S.C. 103 as being unpatentable over Shelton et al. ‘613 in view of Shelton et al. (US Patent Publ. No. 2019/0000463).
With respect to claim 19, Shelton et al. ‘613 disclose the closure tube includes an anvil tab 117 for opening the jaw (fig. 2, [0320]). Shelton et al. ‘613 fail to disclose a first jaw opening tab and a second jaw opening tab, wherein said first jaw opening tab is positioned longitudinally with respect to said second jaw opening tab, wherein said first jaw opening tab is configured to engage said second jaw when said closure tube is moved proximally during a first opening motion to move said second jaw toward said open position, wherein said second jaw opening tab is configured to not engage said second jaw during said first opening motion, and wherein said second jaw opening tab is configured to engage said second jaw during a second opening motion that is subsequent to said first opening motion to move said second jaw into said open position.
Shelton et al. ‘463 disclose a closure tube including a first jaw opening tab and a second jaw opening tab, wherein said first jaw opening tab is positioned longitudinally with respect to said second jaw opening tab, wherein said first jaw opening tab is configured to engage said second jaw when said closure tube is moved proximally during a first opening motion to move said second jaw toward said open position, wherein said second jaw opening tab is configured to not engage said second jaw during said first opening motion, and wherein said second jaw opening tab is configured to engage said second jaw during a second opening motion that is subsequent to said first opening motion to move said second jaw into said open position (longitudinally spaced jaw opening tabs 2040, 2050 in which the jaw opening tabs engage the second jaw in sequence to perform first and second opening motions, fig. 65, [0472]-[0473]).
It 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 to modify the Shelton et al. ‘613 device to replace the anvil tab with the first and second jaw opening tabs as taught by Shelton et al. ‘463, to provide improved control over the jaw opening.
With respect to claim 28, Shelton et al. ‘613 disclose the closure tube includes an anvil tab 117 for opening the jaw (fig. 2, [0320]). Shelton et al. ‘613 fail to disclose a first jaw opening tab and a second jaw opening tab, wherein said first jaw opening tab is positioned on a first lateral side of said longitudinal jaw axis and said second jaw opening tab is positioned on a second lateral side of said longitudinal jaw axis, wherein said first jaw opening tab is configured to engage said second jaw when said closure tube is moved proximally during a first opening motion to move said second jaw toward said open position, wherein said second jaw opening tab is configured to not engage said second jaw during said first opening motion, and wherein said second jaw opening tab is configured to engage said second jaw during a second opening motion that is subsequent to said first opening motion to move said second jaw into said open position.
Shelton et al. ‘463 disclose a first jaw opening tab and a second jaw opening tab, wherein said first jaw opening tab is positioned on a first lateral side of said longitudinal jaw axis and said second jaw opening tab is positioned on a second lateral side of said longitudinal jaw axis, wherein said first jaw opening tab is configured to engage said second jaw when said closure tube is moved proximally during a first opening motion to move said second jaw toward said open position, wherein said second jaw opening tab is configured to not engage said second jaw during said first opening motion, and wherein said second jaw opening tab is configured to engage said second jaw during a second opening motion that is subsequent to said first opening motion to move said second jaw into said open position (longitudinally spaced jaw opening tabs 2040, 2050 in which the jaw opening tabs engage the second jaw in sequence to perform first and second opening motions, fig. 65, [0472]-[0473]).
It 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 to modify the Shelton et al. ‘613 device to replace the anvil tab with the first and second jaw opening tabs as taught by Shelton et al. ‘463, to provide improved control over the jaw opening.
With respect to claim 29, Shelton et al. ‘613 fail to disclose said first jaw opening tab is positioned distally with respect to said second jaw opening tab.
Shelton et al. ‘463 disclose a first jaw opening tab and a second jaw opening tab, wherein said first jaw opening tab is positioned distally with respect to said second jaw opening tab (longitudinally spaced jaw opening tabs 2040, 2050 in which the jaw opening tabs engage the second jaw in sequence to perform first and second opening motions, fig. 65, [0472]-[0473]).
It 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 to modify the Shelton et al. ‘613 device to replace the anvil tab with the first and second jaw opening tabs as taught by Shelton et al. ‘463, to provide improved control over the jaw opening and to provide multiple opening positions.
Claim 35 is rejected under 35 U.S.C. 103 as being unpatentable over Harris et al. in view of Shelton et al. (US Patent Publ. No. 2019/0000463).
With respect to claim 35, Harris et al. disclose said second jaw comprises a longitudinal channel defined therein (elongate slot 2006, fig. 11), wherein said firing driver (firing member 1900) comprises a firing driver body (knife portion 1920 with blade 1922, fig. 5), a first cam extending from said firing driver body configured to engage said first jaw during the staple firing stroke (lower channel engagement tabs 1926, fig. 5), and a second cam extending from said firing driver body configured to engage said second jaw during the staple firing stroke (upper anvil engagement tabs 1924, fig. 5), wherein said second cam comprises a base connected to said firing driver body (anvil engagement tabs 1924 are connected to the knife portion 1920, fig. 5), and wherein said longitudinal channel comprises: a longitudinal ledge comprising a radiused edge defined by a radius of curvature (Annotated Figure 11), wherein said second cam is configured to slide along said longitudinal ledge during the staple firing stroke (anvil engagement tabs 1924 are received in elongate slot 2006, fig. 11, [0399]); a longitudinal wall extending alongside said longitudinal ledge (Annotated Figure 11); and a longitudinal corner defined between said longitudinal ledge and said longitudinal wall (Annotated Figure 11), wherein said longitudinal corner is defined by a curvature (Annotated Figure 11). Harris et al. disclose that the anvil engagement tabs 1924 are received in the elongate slot 2006 (fig. 11, [0399]).
To the extent that Harris et al. can be considered not to expressly disclose a fillet at the base of the cam, and a round lateral end, and the radiused edge of the longitudinal ledge matches a radius of curvature of the fillet, and the curvature of the longitudinal corner matches the round lateral end, this configuration of the elongate slot and anvil engagement tabs is implicit in the disclosure of Harris et al. at least because Harris et al. expressly disclose that the elongate slot is configured to receive the engagement tabs. Thus, one of ordinary skill in the art would reasonably draw the inference that the engagement tabs would be configured with a fillet at the base of the cam, and a round lateral end, and the radiused edge of the longitudinal ledge matches a radius of curvature of the fillet, and the curvature of the longitudinal corner matches the round lateral end, in order for the device to operate so that the engagement tabs move through the elongate slot as the firing member moves distally along the anvil.
Shelton et al. ‘463 disclose an engagement tab (anvil engagement features 9526, fig. 60A) including a fillet at the base, and round lateral ends, that are configured to be received within corresponding jaw passages or slots ([0478]).
It 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 to modify the surgical device of Harris et al. to include a fillet at the base of the cam, and a round lateral end, and the radiused edge of the longitudinal ledge matches a radius of curvature of the fillet, and the curvature of the longitudinal corner matches the round lateral end, as taught by Shelton et al. ‘463, since Harris et al. disclose the engagement tabs move along the anvil slot while the firing member moves distally along the anvil, and one of ordinary skill in the art would reasonably draw the inference that the engagement tabs would be so configured to operate as disclosed. ("[I]n considering the disclosure of a reference, it is proper to take into account not only specific teachings of the reference but also the inferences which one skilled in the art would reasonably be expected to draw therefrom." In re Preda, 401 F.2d 825, 826, 159 USPQ 342, 344 (CCPA 1968)). MPEP 2144.01.
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Allowable Subject Matter
Claims 24-25 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
With respect to claim 24, the prior art fails to disclose or teach the apparatus of claim 16, wherein said second jaw further comprises a cam ramp situated proximally with respect to said first contact ridges and situated distally with respect to said second ridges, wherein said closure tube is configured to contact said cam ramp before contacting said first ridges during said closure stroke, wherein said closure tube is configured to contact said cam ramp to move said second jaw from said open position toward a partially closed position during said closure stroke, and wherein said closure tube is configured to contact said first contact ridges to move said second jaw from said partially closed position into said closed position during said closure stroke.
Claim 25 depends from claim 14, and would likewise be allowable.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Shelton et al. (WO 2018/118241) disclose a surgical instrument with positive jaw opening features.
Simms et al. (US Patent Publ. No. 2018/0168575) disclose a surgical instrument with a closure tube.
Baber et al. (US Patent Publ. No. 2018/0168605) disclose a surgical instrument with a closure tube.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Linda J. Hodge whose telephone number is (571)272-0571. The examiner can normally be reached Monday-Friday 8:00-5:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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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/LINDA J. HODGE/Examiner, Art Unit 3731