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 amendment filed 10/30/2025 has been entered. Claims 16-29 and 34-39 are pending in the application.
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 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.
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) 16-17, 28-29, and 34-39 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Baxter, III et al. (US 20150173755 A1) or, in the alternative, under 35 U.S.C. 103 as obvious over Baxter, III et al. (US 20150173755 A1) alone.
Regarding claims 16, 28-29, and 34, Baxter, III et al. discloses a surgical instrument (4010, [0218-0225], figs. 27-35) comprising: an end effector (4012) comprising a channel (4014) and an anvil (4020) coupled to the channel; and a knife firing subsystem (knife bar assembly 4600, figs. 27-29) for the surgical instrument (4010) comprising: a knife (tissue cutting edge 4620); a sled (I-beam cutting head 4610/bottom foot 4614) coupled to or integral with the knife and configured to move the knife in an end effector (fig. 29);
the sled comprising (i) an upper knife tab portion (upper tab 4616) and (ii) at least one upper knife tab lateral wing (distal wing portion extends from body 4610 and has a sloped surface on the upper tab 4616) that extends away from the upper knife tab portion, the at least one upper knife tab lateral wing comprising a ramped surface (sloped surface on the upper tab 4616) that is configured to slidably ride on an anvil to move the anvil between an open position, a grasping position, and a clamping position (“sloped to interface with sloped surfaces 4027 formed on the anvil arms 4024 of the distal anvil portion 4022” [0227]… cutting head 4610 moves distally, the sloped surface on the upper tab 4616 travels up the sloped surfaces 4027 on the distal anvil portion 4022 moving the floating distal anvil portion 4022 in the down direction "D" [0228]);
a firing rod (firing rod 530/knife bar portion 4602) configured to indirectly drive the sled (firing rod 530 works in conjunction with knife bar 4602 to indirectly drive the sled); a first push rod (lower knife bar 4606) comprising:
a first push rod distal end coupled to the sled (I-beam cutting head 4610/bottom foot 4614); and a first push rod proximal end coupled to the firing rod; and
a second push rod (lower knife bar 4606) comprising: a second push rod distal end coupled to the sled; and a second push rod proximal end coupled to the firing rod wherein the first push rod coupled to an upper end of the sled and the second push rod coupled to a lower end of the sled ([0226-0230], figs. 27-35).
In the alternative, if it can be argued that Baxter, III et al. fails to disclose having an upper knife tab lateral wing that extends away from the upper knife tab portion, the at least one upper knife tab lateral wing comprising a ramped surface -
Baxter, III et al. teaches having an upper knife tab (616) with a lateral wing (distal end portion 618) that extends away from the upper knife tab portion, the at least one upper knife tab lateral wing comprising a ramped surface (sloped) “to interface with sloped surfaces 811 formed on the portions 805 of the distal anvil portion 800 forming the slot 806” [0175, 0181], fig. 3). Baxter, III et al. also teaches in figs. 48, 65, 70, showing knife tab lateral wing with ramped surfaces on a knife/sled (see examiner annotation of 48 below) and also see fig. 84 sled assembly 8985 having ramped wedges 8988 and knife bar assembly 8970 with E-beam cutting head 8973 having tabs 8977 and an upper knife tab lateral wing (8978) that extends away from the upper knife tab portion, the at least one upper knife tab lateral wing comprising a ramped surface ([0332-0342], figs. 84). Also, in Fig. 100 teaches adding tabs with wings - end portion 9473 on upper tabs(s) 9474 to a knife/sled ([0355], figs. 100).
PNG
media_image1.png
240
270
media_image1.png
Greyscale
Given the teachings of Baxter, III et al. to have a knife firing subsystem with two push rods, upper and lower knife tab portions with ramped surfaces, 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 both the upper and lower knife tabs portions to with later ramped wings to reduce friction and to have an upper knife tab lateral wing that extends away from the upper knife tab portion, the at least one upper knife tab lateral wing comprising a ramped surface to have correct closing action on the anvil to close properly (follow the track/slot in anvil), guided entry into anvil track/slot as taught by Baxter, III et al. and/or for reduced friction purposes.
Regarding claim 17, Baxter, III et al. discloses the first push rod comprises a first flexible section and the second push rod comprises a second flexible section [0226].
Regarding claims 35, Baxter, III et al. discloses the sled (I-beam cutting head 4610/bottom foot 4614) is configured to pivot the anvil relative to the channel in response to the sled moving the knife (closure link 4120 is pivotally pinned to an anvil pin slide 4122 via pin 4123 and along with anvil cam pin 4034 in slots 4126 and 4208, sled (I-beam cutting head 4610/bottom foot 4614) cams/pivots the anvil assembly 4020 in the closing direction [0223-0225], figs. 27-35).
Regarding claims 36-37, Baxter, III et al. discloses the anvil comprises an anvil ramp surface, the ramped surface of the at least one upper knife tab being configured to slidably ride on the anvil ramp surface, the anvil ramp surface tapers from a first angle to a second angle different from the first angle (tab runs through trough 4025 - “sloped to interface with sloped surfaces 4027 formed on the anvil arms 4024 of the distal anvil portion 4022” [0227]… cutting head 4610 moves distally, the sloped surface on the upper tab 4616 travels up the sloped surfaces 4027 on the distal anvil portion 4022 moving the floating distal anvil portion 4022 in the down direction "D" [0228], [0226-0230], figs. 27-35).
Regarding claims 38, Baxter, III et al. discloses the at least one upper knife tab (616) lateral wing (distal end portion 618) comprises a first upper knife tab lateral wing comprising a first ramped surface and a second upper knife tab lateral wing comprising a second ramped surface (fig. 29 lateral wings on both sides), the first ramped surface and the second ramped surface being configured to slidably ride on an anvil to move the anvil between the open position, the grasping position, and the clamping position (ramped surfaces ride in anvil channel [0223-0225], figs. 27-35). Baxter, III et al. teaches having an upper knife tab (616) with a lateral wing (distal end portion 618) that extends away from the upper knife tab portion, the at least one upper knife tab lateral wing comprising a ramped surface (sloped) “to interface with sloped surfaces 811 formed on the portions 805 of the distal anvil portion 800 forming the slot 806” [0175, 0181], fig. 3). Baxter, III et al. also teaches in figs. 48, 65, 70, showing knife tab lateral wing with ramped surfaces on a knife/sled (see examiner annotation of 48 below) and also see fig. 84 sled assembly 8985 having ramped wedges 8988 and knife bar assembly 8970 with E-beam cutting head 8973 having tabs 8977 and an upper knife tab lateral wing (8978) that extends away from the upper knife tab portion, the at least one upper knife tab lateral wing comprising a ramped surface ([0332-0342], figs. 84). Also, in Fig. 100 teaches adding tabs with wings - end portion 9473 on upper tabs(s) 9474 to a knife/sled ([0355], figs. 100).
Regarding claims 39, Baxter, III et al. discloses an anvil ramp surface tapers from a first angle to a second angle different from the first angle (figs. 9 and 14 and with anvil mounting tube 820 with two angled slot 840, see anvil tab 7142 with two angled surface for tab 7290 fig. 48 and see figs. 69-70 with anvil mounting portion 7936 may be formed with a groove 7940, upstanding end wall 7944 and tab 7942 forming two angled anvil ramp surface for a conventional closure tube see fig. 71 examiner annotation showing anvil ramp surface tapers from a first angle to a second angle different from the first angle and teaches having anvil mounting portion 7936 with a screw or snap tab showing anvil ramp surface tapers from a first angle to a second angle different from the first angle).
PNG
media_image2.png
389
446
media_image2.png
Greyscale
Given the teachings of Baxter, III et al. to have a knife firing subsystem with two push rods, upper and lower knife tab portions with ramped surfaces, 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 anvil ramp surface to taper from a first angle to a second angle different from the first angle to have correct closing action on the anvil to close properly (follow the track/slot in anvil), guided entry into anvil track/slot as taught by Baxter, III et al. and/or for reduced friction purposes.
Claim(s) 18-27 is/are rejected under 35 U.S.C. 103 as obvious over Baxter, III et al. (US 20150173755 A1) in view of Parks et al. (US 20220031322 A1) and further in view of Hall et al. (US 20220031320 A1).
Regarding claims 18-21 and 25-26, Baxter, III et al. discloses the first push rod comprises a first flexible section and the second push rod comprises a second flexible section [0226].
Baxter, III et al. fails to disclose the first flexible section comprises a first push coil and the second flexible section comprises a second push coil, a first center cable extending through the first push coil; and a second center cable extending through the second push coil, wherein the first push rod further comprises a first rigid rod axially aligned with and coupled to the first flexible section, and the second push rod further comprises a second rigid rod axially aligned with and coupled to the second flexible section.
Parks et al. ‘322 teaches having a first flexible section comprises a first push coil and the second flexible section comprises a second push coil, a first center cable extending through the first push coil; and a second center cable extending through the second push coil (compression limiting springs 2421, 2521 fig. 8, [0124], coil springs 24896 [0164], figs. 49, 63, and 68-69), wherein the first push rod further comprises a first rigid rod axially aligned with and coupled to the first flexible section, and the second push rod further comprises a second rigid rod axially aligned with and coupled to the second flexible section a differential that couples the first push rod proximal end and the second push rod proximal end to the firing rod, the differential permitting relative axial movement between the first push rod and the second push rod (some relative axial movement achieved via the pivoting links – see figs. 11-27) and teaches having a ratchet arrangement to apply different tension in the cables ([0153-0158], figs. 50-54).
Hall et al. also teaches a first push rod comprises a first flexible section and the second push rod comprises a second flexible section, wherein the first flexible section comprises a first push coil (27230) and the second flexible section comprises a second push coil (27330), a first center cable (27250) extending through the first push coil; and a second center cable (27350) extending through the second push coil, wherein the first push rod further comprises a first rigid rod axially aligned with and coupled to the first flexible section, and the second push rod further comprises a second rigid rod axially aligned with and coupled to the second flexible section ([0342-0348], figs. 119, 134-135);
a differential (27400) that couples the first push rod proximal end and the second push rod proximal end to the firing rod, the differential permitting relative axial movement between the first push rod and the second push rod wherein the differential is rotatably coupled to the firing rod (27430) and a shaft assembly (firing drive gear rack 27442), the differential being mounted in the shaft assembly (coupler pins 27448 attach 27440 to firing drive gear rack 27442 [0347-0348], figs. 119, 134-135).
Regarding claims 22-24 and 27, Baxter, III et al. discloses having a differential (actuation bar 470) with two firing racks (472/474 [0172-0180] and 8872/8874 [0330-0341], figs. 1-8 and 96).
Baxter, III et al. fails to discloses the differential further comprising: a first rack coupled to the first push rod; a second rack coupled to the second push rod; a pinion bar coupled to the firing rod; and a pinion rotatably mounted on the pinion bar and meshed with the first rack and the second rack, the first rack and the second rack are movable in opposing axial directions relative to one another in response to rotation of the sled about a pitch axis, wherein the first rack and the second rack are each movable in a first axial direction in response to movement of the firing rod in the first axial direction (racks 27410, 27420) wherein the pinion bar is axially constrained relative to the firing rod and freely rotatable relative thereto.
Hall et al. discloses the differential further comprising: a first rack coupled to the first push rod; a second rack coupled to the second push rod; a pinion bar (movable carrier member 27430) coupled to the firing rod; and a pinion (27432) rotatably mounted on the pinion bar and meshed with the first rack and the second rack, the first rack and the second rack are movable in opposing axial directions relative to one another in response to rotation of the sled about a pitch axis, wherein the first rack and the second rack are each movable in a first axial direction in response to movement of the firing rod in the first axial direction (racks 27410, 27420) wherein the pinion bar is axially constrained relative to the firing rod (via firing drive actuator 27440) and freely rotatable relative thereto ([0347-0348], figs. 119, 134-135).
Response to Arguments
Applicant’s arguments, see remarks, filed 10/30/2025, with respect to the rejection(s) of claim(s) 16-29 and 34-39 under nonstatutory double patenting rejection have been fully considered and are persuasive. Therefore, the nonstatutory double patenting rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Baxter, III et al. (US 20150173755 A1) and Baxter, III et al. (US 20150173755 A1) in view of Parks et al. (US 20220031322 A1) and further in view of Hall et al. (US 20220031320 A1). Applicant’s arguments with respect to claim(s) 16-29 and 34-39 have been considered but are moot because the new ground of rejection does not rely on all references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US 20210267596 A1 – two angled cam surface 2035 on the anvil jaw 2030 up to push shoulder 2037 (fig. 1-5) and see references cited, form 892.
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 ROBERT LONG whose telephone number is (571)270-3864. The examiner can normally be reached M-F, 9am-5pm, 8-9pm (EST).
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ROBERT F LONG/Primary Examiner, Art Unit 3731