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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 06/01/2026 has been entered.
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) 21, 34-36, and 39-42 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ortiz et al. (US 20070114261 A1).
Regarding claim 21, Ortiz et al. discloses a cartridge (300) for use with a surgical instrument (100), the cartridge (300) comprising:(a) a body (Figures 1-4); (b) a deck (340 and/or 350, fig. 3) defined by the body and configured to clamp tissue against an anvil (200);
(c) a plurality of openings (slots of 340) disposed in the deck (340) and configured to house a plurality of fasteners (330); (d) an elongate slot (312) disposed in the deck ([0025-0026]) and configured to slidably receive a knife (420) therethrough ([0038], figs. 1-4); and (e) a pair of elongate protrusions (320) arranged on the deck and extending along opposed sides of the elongate slot (312), wherein the elongate protrusions (320) are configured to directly contact and compress tissue clamped between the cartridge and the anvil ([0026, 0030], figs. 1-4),
wherein each of the elongate protrusions (320) is positioned between the elongate slot and an inner row of the openings (figs. 1-4) and includes:
(i) a first protrusion end adjacent to a first slot end of the elongate
slot,
(ii) a second protrusion end adjacent to a second slot end of the elongate slot (see figs. 1-4), and (iii) a raised elongate surface that extends continuously between the first and second protrusion ends (distal end of cartridge deck in figs. 1-4 shows 320 surface that extends continuously between the first and second protrusion ends adjacent to the knife slot, [0025-0031, 0038], figs. 1-4).
Regarding claims 34, 36, and 39, Ortiz et al. discloses a surgical instrument (100), comprising:(a) an instrument body (600, figs. 1-4 and 8); (b) a shaft (400) extending distally from the instrument body; and (c) an end effector (700) operatively coupled with the shaft (400), wherein the end effector includes:(i) a support (310), and(ii) a cartridge unit (300) removably coupled with the support (figs. 3-4), wherein the cartridge unit (300) includes:(A) an anvil (200) fixed relative to the support and having a plurality of fastener-forming pockets (340), and (B) a cartridge housing (as seen in Figures 3-4) defined by the cartridge (figs. 3-4) of claim 21, wherein the cartridge housing (as seen in Figures 3-4) is selectively actuatable relative to the support and the anvil (200) to clamp tissue between the anvil (14) and deck ([0025-0031, 0038], figs. 1-4);
wherein the cartridge (300) with a curved body (figs. 1-4); has a pair of elongate protrusions (320) arranged on the deck and extending along opposed sides of a elongate knife slot (312), with a raised elongate surface that extends continuously between the first and second protrusion ends (distal end of cartridge deck in figs. 1-4 shows 320 surface that extends continuously between the first and second protrusion ends adjacent to the knife slot), such that the elongate protrusions at least partially define the elongate slot [0025-0031, 0038], figs. 1-4).
Regarding claim 35, Ortiz et al. discloses wherein the deck is orthogonal to a longitudinal axis of the shaft (fig. 2 – cartridge is bendable/flexible).
Regarding claim 40, Ortiz et al. discloses the deck faces distally such that the elongate slot (312) has a length that extends transversely to a longitudinal axis of the shaft (400 – slot bends, fig. 2).
Regarding claim 41-42, Ortiz et al. discloses having a raised surface of each elongate protrusions (320) extends continuously at a constant height relative to the deck and a raised surface that extends continuously between the first and second protrusion ends and there is a first and second protrusion on both sides of the elongate slot ([0025-0031, 0038], figs. 1-4).
Claim Rejections - 35 USC § 102/103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 21, 34-35, and 39-42 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Williamson (U.S. Patent No. 5,452,837) or, in the alternative, under 35 U.S.C. 103 as obvious over Williamson (U.S. Patent No. 5,452,837) in view of Ortiz et al. (US 20070114261 A1).
Regarding claim 21, Williamson discloses (see Figure 4 and Figure 5) a cartridge (11) for use with a surgical instrument (10), the cartridge (11) comprising:(a) a body (as seen in Figure 4 and Figure 5); (b) a deck (13) defined by the body and configured to clamp tissue (16) against an anvil (14; as seen in Figure 6);
(c) a plurality of openings (12) disposed in the deck (13) and configured to house a plurality of fasteners (see Column 3, line 22-25); (d) an elongate slot (21) disposed in the deck (13) and configured to slidably receive a knife therethrough (see Column 4, line 06-11); and (e) a pair of elongate protrusions (18, fig. 4) arranged on the deck (13) and extending along opposed sides of the elongate slot (21, fig. 4), wherein the elongate protrusions (18) are configured to directly contact and compress tissue (16) clamped between the cartridge and the anvil (see Column 4, line 06-14),
wherein each of the elongate protrusions (18) is positioned between the elongate slot and an inner row of the openings (fig. 4) and includes:
(i) a first protrusion end adjacent to a first slot end of the elongate
slot,
(ii) a second protrusion end adjacent to a second slot end of the elongate slot (see Column 3, line 43-58, Column 4, line 06-14, fig. 4), and
(iii) a raised elongate surface that extends continuously between the first and second protrusion ends (distal end of cartridge deck in fig. 4 shows ridge surface that extends continuously between the first and second protrusion ends adjacent to the knife slot, fig. 1).
Williamson states: “gripping ridge preferably extends the entire length of the longitudinal axis of the staple holding or staple forming surface of the jaw components. The ridge preferably has a serrated surface” ( Column 2, lines 48-51).
In the alternative, if it can be argued that Williamson fails to disclose having a raised surface that extends continuously between the first and second protrusion ends and there is a first and second protrusion on both sides of the elongate slot –
Ortiz et al. teaches a cartridge (300) with a pair of elongate protrusions (320) arranged on the deck and extending along opposed sides of a elongate knife slot (312), with a raised elongate surface that extends continuously between the first and second protrusion ends (distal end of cartridge deck in figs. 1-4 shows 320 surface that extends continuously between the first and second protrusion ends adjacent to the knife slot, [0025-0031, 0038], figs. 1-4).
Given the teachings of Williamson to have protrusions on both sides of a knife slot and a raised surface that extends between the first and second protrusion ends with or without serrations, 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 first and second protrusion with having a raised surface that extends continuously between the first and second protrusion ends to have better tissue gripping (avoid slipping), guide the knife, ensure tissue gets stapled at the end of the cartridge, and/or for having different gaps/height portions for improved gripping purposes as taught by Ortiz et al.
Regarding claim 39, Williamson discloses (see Figure 4 and Figure 5) a surgical instrument (10), comprising:(a) an instrument body (see Column 2, line 28-33); (b) a shaft (17) extending distally from the instrument body; and (c) an end effector (as seen in Figure 1 and Figure 4) operatively coupled with the shaft (17), wherein the end effector (as seen in Figure 1 and Figure 4) includes:(i) a support, (ii) an anvil (14) fixed relative to the support and including a plurality of fastener forming pockets (15), and (iii) a cartridge housing (11) selectively actuatable relative to the support and the anvil (14) to clamp tissue (16) against the anvil (14), wherein the cartridge housing (11) includes:(A) a body (see Figure 4), (B) a deck (13) defined by the body (as seen in Figure 4) and configured to clamp tissue (16) against an anvil (14), (C) a plurality of staple openings (12) disposed in the deck (13) and configured to house a plurality of surgical fasteners (see Column 3, line 22-25),
(D) an elongate slot (21) disposed in the deck (13) and configured to slidably receive a knife therethrough (see Column 4, line 06-11), and
(E) a pair of elongate protrusions (18) arranged on the deck (13) and extending along opposed sides of the elongate slot (21), such that the elongate protrusions at least partially define the elongate slot (fig. 4),
each of the elongate protrusion (18) of the pair of elongate protrusions (18) including a raised elongate surface that extends continuously between the first and second protrusion ends (distal end of cartridge deck in fig. 1 shows ridge surface that extends continuously between the first and second protrusion ends adjacent to the knife slot, fig. 1), wherein the raised elongate surfaces of the elongate protrusions (21) are configured to directly contact and compress tissue (16) clamped between the cartridge (11) and the anvil (14, figs. 1-4).
In the alternative, if it can be argued that Williamson fails to disclose having a raised surface that extends continuously between the first and second protrusion ends and there is a first and second protrusion on both sides of the elongate slot, such that the elongate protrusions at least partially define the elongate slot –
Ortiz et al. teaches a cartridge (300) with a pair of elongate protrusions (320) arranged on the deck and extending along opposed sides of a elongate knife slot (312), with a raised elongate surface that extends continuously between the first and second protrusion ends (distal end of cartridge deck in figs. 1-4 shows 320 surface that extends continuously between the first and second protrusion ends adjacent to the knife slot), such that the elongate protrusions at least partially define the elongate slot [0025-0031, 0038], figs. 1-4).
Given the teachings of Williamson to have protrusions on both sides of a knife slot and a raised surface that extends between the first and second protrusion ends with or without serrations, 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 first and second protrusion with having a raised surface that extends continuously between the first and second protrusion ends to have better tissue gripping (avoid slipping), guiding the knife, ensure tissue gets stapled at the end of the cartridge, and/or for having different gaps/height portions for improved gripping purposes as taught by Ortiz et al.
Regarding claim 34, Williamson discloses (see Figure 4 and Figure 5) a surgical instrument (10), comprising:(a) an instrument body (see Column 2, line 28-33); (b) a shaft (17) extending distally from the instrument body; and (c) an end effector (as seen in Figure 1 and Figure 4) operatively coupled with the shaft (17), wherein the end effector includes:(i) a support, and(ii) a cartridge unit (11) removably coupled with the support, wherein the cartridge unit (11) includes:(A) an anvil (14) fixed relative to the support and having a plurality of fastener-forming pockets (15), and (B) a cartridge housing (as seen in Figure 5) defined by the cartridge (11) of claim 21, wherein the cartridge housing (as seen in Figure 5) is selectively actuatable relative to the support and the anvil (14) to clamp tissue (16) between the anvil (14) and deck (13).
Regarding claim 35, Williamson discloses wherein the deck (13) is orthogonal to a longitudinal axis of the shaft (as seen in Figure 4 and Figure 5).
Regarding claim 40, Williamson discloses (see Figure 4 and Figure 5) wherein the deck (13) faces distally such that the elongate slot (21) has a length that extends transversely to a longitudinal axis (20) of the shaft (17).
Regarding claim 41-42, Williamson discloses the raised surfaces are interconnected by an intermediate raised surface that is raised relative to the deck (fig. 4).
Williamson fails to disclose the raised surface of each elongate protrusion extends continuously at a constant height relative to the deck and a raised surface that extends continuously between the first and second protrusion ends and there is a first and second protrusion on both sides of the elongate slot.
Ortiz et al. discloses having a raised surface of each elongate protrusions (320) extends continuously at a constant height relative to the deck and a raised surface that extends continuously between the first and second protrusion ends and there is a first and second protrusion on both sides of the elongate slot ([0025-0031, 0038], figs. 1-4).
Given the teachings of Williamson to have protrusions on both sides of a knife slot and a raised surface that extends between the first and second protrusion ends, 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 protrusions with having the raised surface of each elongate protrusion extends continuously at a constant height relative to the deck and a raised surface that extends continuously between the first and second protrusion ends and there is a first and second protrusion on both sides of the elongate slot to have better tissue gripping (avoid slipping), guide the knife, ensure tissue gets stapled at the end of the cartridge, and/or for having different gaps/height portions for improved gripping purposes as taught by Ortiz et al.
Regarding claims 23 and 36, Williamson discloses all of the elements of the current invention as stated above including each of the elongate protrusions (18) includes: (i) a first protrusion end adjacent to a first slot of the elongate slot, (ii) a second protrusion end adjacent to a second slot end of the elongate slot (see Column 3, line 43-58, Column 4, line 06-14, figs. 1-5), and (iii) a raised surface that extends continuously between the first and second protrusion ends (distal end of cartridge deck in fig. 1 shows ridge surface that extends continuously between the first and second protrusion ends adjacent to the knife slot, fig. 1). Williamson discloses all of the elements of the current invention as stated above except for the explicit disclosure of a fastener cartridge for use with a surgical fastener comprising a body that is curved and comprise an arcuate slot and In the alternative, if it can be argued that Williamson fails to disclose having a raised surface that extends continuously between the first and second protrusion ends and there is a first and second protrusion on both sides of the elongate slot –
Ortiz et al. teaches a cartridge (300) for use with a surgical instrument (100), the cartridge (300) comprising a curved body (figs. 1-4); (b) a deck (figs. 1-4 and 8) defined by the curved body and configured to clamp tissue against an anvil (200); and an arcuate slot (312) disposed in the deck and a pair of elongate protrusions (320) arranged on the deck and extending along opposed sides of a elongate knife slot (312), with a raised elongate surface that extends continuously between the first and second protrusion ends (distal end of cartridge deck in figs. 1-4 shows 320 surface that extends continuously between the first and second protrusion ends adjacent to the knife slot), such that the elongate protrusions at least partially define the elongate slot [0025-0031, 0038], figs. 1-4).
Given the teachings of Williamson to have protrusions on both sides of a knife slot and a raised surface that extends between the first and second protrusion ends, 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 having a raised surface that extends continuously between the first and second protrusion ends and there is a first and second protrusion on both sides of the elongate slot and have the staple cartridge body that curved with an arcuate slot, to enter curved/angle areas better, grasp curved tissue, have better tissue gripping (avoid slipping), ensure tissue gets stapled at the end of the cartridge, and/or for having different gaps/height portions for improved gripping purposes as taught by Ortiz et al. Also, protrusions and an arcuate slot are equivalent structures known in the art. Therefore, because these two stapler cartridges were art-recognized- equivalents before the effective filling date of the applicant's claimed invention, one of ordinary skill in the art would have found obvious to substitute a curved stapler cartridge with protrusions for a linear stapler cartridge.
Claim(s) 27-32 and 37-38 is/are rejected under 35 U.S.C. 103 as obvious over Williamson (U.S. Patent No. 5,452,837) in view of Ortiz et al. (US 20070114261 A1) and further in view of Huitema (U.S. Pub. No. 2015/0297223).
Regarding claims 27-32 and 37-38, Williamson fails to disclose a plurality of raised protrusions arranged on the deck, wherein the raised protrusions are laterally offset from the elongate slot and are configured to engage tissue, at least partially around at least a portion of an adjacent staple opening, wherein at least some of the raised protrusions include a first end that wraps at least partially around an end portion of a first staple opening of the openings, and an opposed second end that wraps at least partially around an end portion of a second staple opening of the openings, wherein the first end is connected with the second end by a recessed bridge portion, wherein the plurality of raised protrusions comprises a plurality of first raised protrusions and at least one second raised protrusion, wherein the at least one second raised protrusion has a greater maximum height relative to the deck than the first raised protrusions, wherein the at least one second raised protrusion is located between the end of the elongate slot and a corresponding end of the deck.
Huitema teaches (as seen in Figure 7, Figure 70 and Figure 103) a plurality of raised protrusions (113; 114; 115) arranged on the deck (21012), wherein the raised protrusions (113; 114; 115) are laterally offset from the elongate slot (21045) and are configured to engage tissue (as seen in Figure 7, Figure 70 and Figure 103), wherein each of the raised protrusions (113; 114; 115) wraps at least partially around at least a portion of an adjacent staple opening (184), wherein at least some of the raised protrusions (113; 114; 115) include a first end that wraps at least partially around an end portion of a first opening (184), and an opposed second end that wraps at least partially around an end portion of a second opening of the openings (see Figure 8), wherein the first end is connected with the second end by a recessed bridge portion (see Figure 74), wherein the plurality of raised protrusions (113; 114; 115) comprises a plurality of first raised protrusions (2755’) and at least one second raised protrusion (2755”), wherein the at least one second raised protrusion (2755”) has a greater maximum height relative to the deck (21012) than the first raised protrusions (see Paragraph 0335, Figure 49), wherein the at least one second raised protrusion (2755”) is located between the end of the elongate slot (21045) and a corresponding end of the deck (21012, Figure 55), wherein the elongate slot comprises an arcuate slot, and the elongate protrusions (113; 114; 115) extend arcuately along the arcuate slot (see Paragraph 0458) and wherein each of the elongate protrusions (113; 114; 115) extends from a first end of the elongate slot (21045) to an opposed second end of the elongate slot (as seen in Figure 58).
Given the teachings of Williamson to have protrusions on both sides of a knife slot and a raised surface that extends between the first and second protrusion ends, 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 deck with including a plurality of raised protrusions arranged on the deck, wherein the raised protrusions are laterally offset from the elongate slot and are configured to engage tissue, at least partially around at least a portion of an adjacent staple opening, wherein at least some of the raised protrusions include a first end that wraps at least partially around an end portion of a first staple opening of the openings, and an opposed second end that wraps at least partially around an end portion of a second staple opening of the openings, wherein the first end is connected with the second end by a recessed bridge portion, wherein the plurality of raised protrusions comprises a plurality of first raised protrusions and at least one second raised protrusion, wherein the at least one second raised protrusion has a greater maximum height relative to the deck than the first raised protrusions, wherein the at least one second raised protrusion is located between the end of the elongate slot and a corresponding end of the deck to have better tissue gripping (avoid slipping), ensure tissue gets stapled at the end of the cartridge, and/or for having different gaps/height portions for improved gripping purposes as taught by Huitema.
Claims 23-24, 27-32, and 36-38 are rejected under 35 U.S.C. 103 as being unpatentable over Williamson (U.S. Patent No. 5,452,837) in view of Ortiz et al. (US 20070114261 A1) and further in view of Huitema (U.S. Pub. No. 2015/0297223) and further in view of Kostrzewski (U.S. Pub. No. US 20100213240 A1).
Regarding claim 23-24, 27-32, and 36-38, Williamson discloses all of the elements of the current invention as stated above except for the explicit disclosure of a pin opening defined in the deck adjacent to the first slot end or the second slot end of the elongate slot, wherein the pin opening is configured to slidably receive a pin therethrough and a staple cartridge for use with a surgical stapler comprising a body that is curved and comprise an arcuate slot.
Kostrzewski also teaches a similar surgical stapler (100, figs. 1-4) having a staple cartridge (132) for use with a surgical stapler (100) comprising a body that is curved (C-shaped) and comprise an arcuate slot ([0038-0043], figs. 1-4) and a pin opening defined in the deck adjacent to the first slot end or the second slot end of the elongate slot, (at 146 [0043], fig. 4), wherein the pin opening is configured to slidably receive a pin (148) therethrough ([0038-0045], figs. 1-4).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filling date of the applicant's claimed invention, to have modified Williamson to incorporate the disclosure of Kostrzewski to construct a staple cartridge comprising a body that is curved and comprise an arcuate slot and a pin opening defined in the deck adjacent to an end of the elongate slot, wherein the pin opening is configured to slidably receive a pin therethrough for extra tissue gripping and/or help secure effector in position. Prior art Kostrzewski illustrates that a staple cartridge comprising a curved body and an arcuate slot with a pin opening defined in the deck adjacent to an end of the elongate slot, wherein the pin opening is configured to slidably receive a pin therethrough is an equivalent structure known in the art and using a pin to help grip tissue is a common use. Therefore, because the stapler cartridge (with sliding pins) is art-recognized- equivalents before the effective filling date of the applicant's claimed invention, one of ordinary skill in the art would have found obvious to substitute a curved stapler cartridge having a pin opening defined in the deck adjacent to an end of the elongate slot, wherein the pin opening is configured to slidably receive a pin therethrough for aiding in grasping tissue or guiding the cartridge jaws.
Allowable Subject Matter
Claims 25-26 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.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Reasons for Allowable Subject Matter
The following is an examiner’s statement of reasons for allowance: the prior art of record fails to teach or render obvious a surgical stapling device comprising all the structural and functional limitations and further comprising, amongst other limitations/features, a raised annular surface extending circumferentially about the pin opening such that the raised surface is disposed on diametrically opposed sides of the pin opening, wherein the raised annular surface is configured to directly contact and clamp tissue against the anvil. Though Williamson (U.S. Patent No. 5,452,837) and Huitema (U.S. Pub. No. 2015/0297223) teache having a plurality of protrusions on a cartridge deck on both sides of a knife slot for gripping tissue they fail to teach having a raised annular surface extending circumferentially about the pin opening such that the raised surface is disposed on diametrically opposed sides of the pin opening, wherein the raised annular surface is configured to directly contact and clamp tissue against the anvil and it would not be obvious to modify the deck to include a raised annular surface extending circumferentially about the pin opening such that the raised surface is disposed on diametrically opposed sides of the pin opening, wherein the raised annular surface is configured to directly contact and clamp tissue against the anvil since having the raised surface all the way around the pin slot would require modifying the clamping mechanism, the deck and the pin aperture and one of ordinary skill would recognize that a the raised surface all the way around the pin slot creates extra gripping at the distal end of the cartridge and around the pin as well as preventing tissue from entering the pin slot. Having the efficiency and enhanced gripping of the added raised surface all the way around the pin slot provides an effective clamping and compressive healing closure of a surgical area.
While various features of the claimed subject matter are found individually in the prior art, a skilled artisan would have to include knowledge gleaned only from the applicant's disclosure to combine or modify the teachings of the prior art to produce the claimed subject matter, and thus obviousness would not be proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971). There is no teaching, suggestion, or motivation found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art to combine or modify the teachings of the prior art to produce the claimed invention, and thus obviousness would not be proper. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Response to Arguments
Applicant’s arguments with respect to claim(s) 21, 23-32, and 34-42 have been considered but are moot because the new ground of rejection does not rely on all of the references 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 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
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