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 .
Interview Summary
The reply filed 02 April 2026 includes a complete and accurate record of the substance of the 25 February 2026 interview.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 02 April 2026 has been entered.
Information Disclosure Statement
Receipt is acknowledged of Information Disclosure Statement(s) (IDS), filed 04 February 2026, 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.
Response to Amendment
Receipt is acknowledged of an amendment, filed 02 March 2026, which has been placed of record and entered in the file.
Status of the claims:
Claims 1-2, 5-6, 8, 10-14, and 22-23 are pending.
Claim 14 is amended.
Claims 3-4, 7, 9, 15-21, and 24-26 are canceled.
Specification and Drawings:
Amendments to the specification and drawings have not been submitted in the amendment filed 02 March 2026.
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 1-2, 5-6, 8, 10-12, and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shelton et al. (US Patent Publ. No. 2017/0245857), cited by applicant.
With respect to claim 1, Shelton et al. disclose a surgical instrument comprising: an end effector comprising first and second jaws (jaw 123 and jaw 124, figs. 1, 3); a staple cartridge comprising a central channel and first and second elongate side portions lateral of the central channel (staple cartridge 140, fig. 3), the first and second elongate side portions each containing a plurality of staples (staple cartridge contains staples 160, fig. 3), each of the plurality of staples comprising first and second legs and a backspan extending therebetween (staples 160 comprise legs and a backspan, fig. 3); the second jaw having a cavity for receiving the staple cartridge (jaw 123 includes an elongate channel 122, fig. 3), the cavity comprising first and second lateral walls (channel 122 includes lateral walls, fig. 3); a substantially longitudinal reinforcing wall extending through the cavity of the second jaw and configured to provide support for the staple cartridge (channel 122 includes reinforcing walls between the lateral walls, fig. 3), wherein the reinforcing wall defines first and second grooves between the reinforcing wall and the first and second lateral walls (grooves are defined between the reinforcing walls and the lateral walls, fig. 3), wherein the first elongate side portion of the staple cartridge extends into the first groove past the backspan of each of the staples when the staple cartridge is received within the cavity and the second elongate side portion of the staple cartridge extends into the second groove past the backspan of each of the staples when the staple cartridge is received within the cavity (staple cavities 144 including sidewalls 150a, 150b, “the sidewalls 150a, 150b can be configured and arranged such that the entirety of the staple 160 is positioned intermediate the sidewalls 150a, 150b when the staple 160 is in its unfired position”, [0237], fig. 58); and a drive member configured to translate distally through the end effector (firing bar 156 and sled 190, fig. 3).
With respect to claim 2, Shelton et al. disclose the cavity is configured to receive the staple cartridge from a direction lateral to a longitudinal axis of the surgical instrument (channel 122 receives the staple cartridge 140 laterally, fig. 3).
With respect to claim 5, Shelton et al. disclose the reinforcing wall comprises first and second walls defining a channel therebetween (the reinforcing wall comprises first and second walls with a channel between the first and second walls of the reinforcing wall, fig. 3).
With respect to claim 6, Shelton et al. disclose the drive member is configured to translate through the central channel in the staple cartridge (firing bar 156 translates through central channel, fig. 3), the instrument further comprising an actuation mechanism configured to translate the drive member through the central channel (tool drive assembly 1010, fig. 100, [0242]).
With respect to claim 8, Shelton et al. disclose each of the first and second elongate side portions of the staple cartridge contains at least one row of staple retention openings (staple cartridge 140 includes staple cavities 144, fig. 4).
With respect to claim 10, Shelton et al. disclose the staple cartridge comprises a polymer material (staple cartridge could be made of material such as plastic, [0246]) and at least a portion of the second jaw is metal (second jaw with cavity for receiving cartridge may be metal, [0246]).
With respect to claim 11, Shelton et al. disclose an actuator for actuating the actuation mechanism (master controller 1001 operatively coupled to tool drive assembly 1010, fig. 100, [0242]), wherein the actuator includes a control device of a robotic surgical system (master controller 1001 of robotic system 1000, [0242]).
With respect to claim 12, Shelton et al. disclose the drive member comprises one or more inclined ramps configured to engage the staples and drive the staples in a direction transverse to a longitudinal axis of the staple cartridge as the drive member is translated longitudinally through the central channel in the staple cartridge (sled 190 including ramps 191a, 191b to eject staples 160, fig. 3, [0181]).
With respect to claim 14, Shelton et al. disclose a surgical stapling instrument comprising: an end effector comprising first and second jaws (jaw 123 and jaw 124, figs. 1, 3); a staple cartridge removably coupled to the second jaw (staple cartridge 140, fig. 3), wherein the second jaw has a cavity for receiving the staple cartridge (jaw 123 includes an elongate channel 122, fig. 3), and at least one reinforcing wall extending through the cavity to provide support for the staple cartridge (channel 122 includes reinforcing walls between the lateral walls, fig. 3), wherein the cavity comprises first and second outer walls and first and second grooves between the reinforcing wall and the first and second outer walls (grooves are defined in the channel 122 between lateral walls and the reinforcing walls, fig. 3), wherein the staple cartridge comprises first and second elongate side portions each containing a plurality of staples (staple cartridge contains staples 160, fig. 3), each of the plurality of staples comprising first and second legs and a backspan extending therebetween (staples 160 comprise legs and a backspan, fig. 3), wherein the first elongate side portion extends into the first groove between the first outer wall of the cavity and the backspan of each of the staples when the staple cartridge is coupled to the second jaw and the second elongate side portion extends into the second groove between the second outer wall of the cavity and the backspan of each of the staples when the staple cartridge is coupled to the second jaw (staple cavities 144 including sidewalls 150a, 150b, “the sidewalls 150a, 150b can be configured and arranged such that the entirety of the staple 160 is positioned intermediate the sidewalls 150a, 150b when the staple 160 is in its unfired position”, [0237], fig. 58); and a drive member configured to translate distally through the end effector to engage the staple cartridge (firing bar 156 and sled 190, fig. 3).
Claim Rejections - 35 USC § 103
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 13 is rejected under 35 U.S.C. 103 as being unpatentable over Shelton et al. in view of Swensgard (US Patent Publ. No. 2013/0056521).
With respect to claim 13, Shelton et al. disclose a drive member including a firing bar and inclined ramps, but fail to disclose the inclined ramps are integral with the drive member.
Swensgard disclose a surgical instrument including inclined ramps that are integral with the drive member (fig. 3).
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. device to replace the inclined ramps and drive member with the inclined ramps that are integral with the drive member as taught by Swensgard, as the substitution of an art-recognized equivalent for the ejection of staples and cutting of tissue in a surgical stapler. MPEP 2144.06 II.
Claims 22-23 are rejected under 35 U.S.C. 103 as being unpatentable over Shelton et al. in view of Harris et al. (US Patent Publ. No. 2015/0297235).
With respect to claim 22, Shelton et al. discloses a bottom wall in the second jaw (fig. 3), and discloses a slot in the bottom wall (for receiving the lower flange of the firing member 156, fig. 3).
Shelton et al. fail to disclose the second jaw comprises first and second slots in a bottom wall of the second jaw.
Harris et al. disclose a surgical instrument comprising first and second jaws (fig. 1), and wherein the second jaw 6022 comprises first and second slots 6040, 6042 (fig. 32, openings to provide the clinician with a view of the progress of the cutting head and firing member, [0411]).
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 instrument of Shelton et al. to provide the second jaw with first and second longitudinal slots as taught by Harris et al., to provide the clinician with a view of the progress of the firing member.
With respect to claim 23, Shelton et al. disclose first and second grooves within the cavity of the second jaw (fig. 3), but fails to disclose the first and second grooves are substantially aligned with first and second slots.
Harris et al. disclose a surgical instrument comprising first and second jaws (fig. 1), and wherein the second jaw 6022 comprises first and second slots 6040, 6042 that are aligned with the longitudinal axis of the end effector (fig. 32, openings to provide the clinician with a view of the progress of the cutting head and firing member, [0411]).
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 instrument of Shelton et al. to provide the second jaw with first and second longitudinal slots as taught by Harris et al., that are substantially aligned with the grooves, to provide the clinician with a view of the progress of the firing member.
Response to Arguments
With respect to the objection to the specification, the claim amendment and applicant’s arguments have been fully considered and are persuasive. The objection is hereby withdrawn.
With respect to the rejection of claims 14 and 22-23 under 35 USC 112(b), the claim amendment and applicant’s arguments have been fully considered and are persuasive. The rejection is hereby withdrawn.
Applicant’s arguments with respect to claims 1-2, 5-6, 8, 10-14, and 22-23 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
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.
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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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/LINDA J. HODGE/Primary Examiner, Art Unit 3731
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