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 claims filed on January 9th, 2026, have been entered. Claims 1-20 remain pending in the Application. Claims 11-19 were previously withdrawn by the Applicant.
Response to Arguments
Applicant's arguments filed January 9th, 2026, have been fully considered but they are not persuasive.
Regarding the rejection under Nelson et al. (U.S. Patent No. 11,064,999), Applicant argues that Nelson et al. does not disclose an auxiliary device with a firing lever being pivotable to move the drive plate because trigger 44 does not actuate a firing actuator and is instead the firing actuator, that actuation shaft 120 is not releasably coupled to the firing actuator because the actuation shaft 120 remains coupled to trigger 44 after actuation, and that the actuation shaft 120 and trigger 44 are both part of the surgical stapler instead of being a drive plate configured to be releasably coupled to the firing actuator. Examiner respectfully disagrees. The firing actuator does not have to be a trigger, and only needs to be capable of firing the end effector upon a manual pushing force, which the drive member disclosed in C7:9-15 does in reaction to the trigger 44 being actuated. Furthermore, the drive plate does not need to be disclosed as being releasably coupled to the firing actuator, as the claims only require the mounting bracket to releasably couple the body to the surgical stapler. Coupler 46 acts as the mounting bracket and releasably connects the auxiliary device (which comprises the handle 40 of the stapler) to the surgical stapler itself, which comprises 20 and 30.
Regarding the rejection under Wenchell, Jr. et al. (U.S. Pub. No. 2025/0127581), Applicant argues that Wenchell, Jr. et al. does not disclose an auxiliary device with a firing lever being pivotable to move the drive plate relative to the surgical stapler for actuating the firing actuator of the surgical stapler because the handle lever 14 and drive mechanism 40 are both part of the surgical stapler. Examiner respectfully disagrees. As explained in [0259] and FIGs. 4A-4H, the drive mechanism 40 can be detached from the body through the mounting bracket 46, and the claim limitations do not require that the remaining portions of the auxiliary device be releasably coupled to surgical stapler or have any relationship with the releasably couplable parts.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-9 and 20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Nelson et al. (U.S. Patent No. 11,064,999).
Regarding claim 1, Nelson et al. discloses an auxiliary device (C6:L19-20; FIGs. 1-12) for a surgical stapler, the auxiliary device comprising:
a body (40);
a mounting bracket (46) supported on the body (FIG. 1) and configured to releasably couple the body to the surgical stapler (C10:L28-31: a distal end of the actuation shaft 120 is freely rotatably coupled to an actuation adapter 124 that extends into 46; FIG. 1), the surgical stapler comprising an end effector (30) and a firing actuator (C7:L9-15: drive member) configured to fire the end effector upon a manual pushing force (C7:L15-20: the drive member is translated along L in response to a force, which causes the second jaw 34 to close upon the first jaw 32 to fire 30);
a drive plate (124) configured to couple to the firing actuator of the surgical stapler (C10:L32-37: 124 connects to a drive member in shaft 20 as part of the end effector stapler at the distal end of the system);
a rack (120) mechanically coupled to the drive plate (C10:L28-31: 120 is coupled to 124); and
a firing lever (44) mechanically coupled to the rack (C7:L41-45: 44 is connected to the actuation shaft 120) and pivotable to move the drive plate relative to the surgical stapler for actuating the firing actuator and firing the surgical stapler (C7:L31-45: 44 is pivoted to advance 120, which causes 120 to drive 124 relative to the stapler to cause the stapler to fire).
Regarding claim 2, Nelson et al. further discloses the mounting bracket is rotatably coupled to the body (C10:L28-31: 46 rotates with 124 to articulate the stapler).
Regarding claim 3, Nelson et al. further discloses the body defines a longitudinal axis (FIG. 1: longitudinal axis L), and wherein the mounting bracket is positioned to rotate in a clockwise direction up to about 90 degrees about the longitudinal axis (C13:L48-53: the articulation mechanism allows for a range of -45 degrees to +45 degrees; since the claim does not set out a starting position, if the mounting bracket is at the most counterclockwise position and is rotated to the most clockwise position, the mounting bracket will have rotated clockwise 90 degrees about L), and wherein the mounting bracket is positioned to rotate in a counterclockwise direction up to about 90 degrees about the longitudinal axis (C13:L48-53: the articulation mechanism allows for a range of -45 degrees to +45 degrees; since the claim does not set out a starting position, if the mounting bracket is at the most clockwise position and is rotated to the most counterclockwise position, the mounting bracket will have rotated counterclockwise 90 degrees about L).
Regarding claim 4, Nelson et al. further discloses the drive plate defines a slot (FIG. 5: 124 defines a distal slot) configured to receive the firing actuator (C10:L32-34: 124 receives the drive member from shaft 20 in the distal slot).
Regarding claim 5, Nelson et al. further discloses the slot is configured to slidably support the firing actuator as the surgical stapler is rotated about the auxiliary device (C10:L32-34: the drive member slides into 124 and is supported as the stapler is rotated about L).
Regarding claim 6, Nelson et al. further discloses the drive plate is movable relative to the body (C10:L32-39: 124 moves within 40 to drive the drive member).
Regarding claim 7, Nelson et al. further discloses a stationary handle (42), the firing lever movable relative to the stationary handle (C7:L34-37: 44 pivots relative to 42).
Regarding claim 8, Nelson et al. further discloses a pawl (116), and wherein the rack includes a plurality of teeth (122), the pawl configured to mechanically engage with the plurality of teeth to move the rack relative to the body as the firing lever moves relative to the stationary handle (C10:L39-43: a user pulling 44 will cause movement of 116 to pull 122 and thereby move 124 relative to 40 to actuate the stapler).
Regarding claim 9, Nelson et al. further discloses the drive plate includes a retracting handle (180; FIGs. 26-27) which when pulled draws the drive plate toward an unfired position (C17:L25-35: 180 can be pulled to return 120 to the original proximal position within 40).
Regarding claim 20, Nelson et al. discloses an auxiliary device (C6:L19-20; FIGs. 1-12) for a surgical stapler, the auxiliary device comprising:
a body (40);
a mounting bracket (46) supported on the body (FIG. 1) and configured to releasably couple the body to the surgical stapler (C10:L28-31: a distal end of the actuation shaft 120 is freely rotatably coupled to an actuation adapter 124 that extends into 46; FIG. 1), the surgical stapler comprising an end effector (30) and a firing actuator (C7:L9-15: drive member) configured to fire the end effector upon a manual pushing force (C7:L15-20: the drive member is translated along L in response to a force, which causes the second jaw 34 to close upon the first jaw 32 to fire 30);
a drive plate (124) configured to releasably couple to the firing actuator of the surgical stapler (C10:L32-37: 124 connects to a drive member in shaft 20 as part of the end effector stapler at the distal end of the system);
a firing lever (44) supported on the body (FIG. 1: 44 is on 40) and pivotable to move the drive plate relative to the surgical stapler for actuating the firing actuator and firing the surgical stapler when the surgical stapler is releasably coupled to the auxiliary device (C7:L31-45: 44 is pivoted to advance 120, which causes 120 to drive 124 relative to the stapler to cause the stapler to fire).
Claim(s) 1 and 10 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Wenchell, JR. et al. (Pub. No. 2025/0127581).
Regarding claim 1, Wenchell, JR. et al. discloses an auxiliary device (1; [0267]; FIGs. 1-6D) for a surgical stapler, the auxiliary device comprising:
a body (4; FIG. 6A);
a mounting bracket (28) supported on the body ([0255] 28 are on 4; FIG. 3A) and configured to releasably couple the body to the surgical stapler ([0255] 28 releasably couples 18 to 4, which is connected to the stapler), the surgical stapler comprising an end effector (1b; FIG. 2A) and a firing actuator ([0254] clamping bar) configured to fire the end effector upon a manual pushing force ([0254] the clamping bar is axially pushed by the actuation of the handle lever 14).;
a drive plate (42) configured to couple to the firing actuator of the surgical stapler ([0268] 42 is configured to engage with bossed end 44 of firing rod 46);
a rack (49) mechanically coupled to the drive plate (FIGs. 6D and 10: 49 is mechanically connected to 42 when 42 is connected to 44); and
a firing lever (14) mechanically coupled to the rack ([0254] 14 is linked to clamping bar 49) and pivotable to move the drive plate relative to the surgical stapler for actuating the firing actuator and firing the surgical stapler ([0254] pivoting 14 causes the clamping bar to move, which is translated to the stapler).
Regarding claim 10, Wenchell, JR. et al. further discloses the drive plate has an arcuate shape (FIG. 4E: 42 has an arcuate shape) configured to enable the surgical stapler to rotate about the drive plate ([0269] the firing rod 46 is able to rotate while 44 is within 42 because of the shape of 42; FIG. 4D).
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 JAMES RYAN MCGINNITY whose telephone number is (571)272-0573. The examiner can normally be reached M-Th 8 am-5:30 pm.
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/JRM/Examiner, Art Unit 3771
/KATHLEEN S HOLWERDA/Primary Examiner, Art Unit 3771
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