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 .
This Office Action is in response to the applicant’s response to election filing on 10/14/2025.
Applicant’s cancelation of claims 1-15 and 22 is acknowledged and require no further examining. Claims 24-28, 30, and 33-35 are withdrawn. Claims 16-21, 23, 29, and 31-32 are pending and examined below.
Election/Restrictions
Applicant’s election without traverse of Species 4, the embodiment shown in Figures 25F-25G, in the reply filed on 10/14/2025 is acknowledged.
Claims 24-28, 30, and 33-35 are withdrawn.
Claims 25, 28, 30, and 33 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 10/14/2025.
Claim 24 is also withdrawn for being drawn to nonelected species. The nonelected Species 7, the embodiment shown in Figure 25L, discloses the return key includes a spring. Therefore, claim 24 is withdrawn for being drawn to a nonelected species.
Claims 26-27 and 34-35 are also withdrawn for being drawn to nonelected species. The nonelected Species 6, the embodiment shown in Figures 25K, discloses the return key includes internal threads. Therefore, claims 26-27 and 34035 are withdrawn for being drawn to the nonelected species.
Claim 29 is considered to be drawn to the elected invention. The elected Species 4, the embodiment in Figures 25F-25G, discloses the return key includes a spline that engages with an internal cam. Therefore, claim 29 is not withdrawn for being drawn to the elected species.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 04/07/2025, 07/28/2025, and 09/08/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the unidirectional ramps of the key as stated in claim 23 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
Claim Objections
Claims 16-21, 23 and 29 are objected to because of the following informalities. Appropriate correction is required.
Regarding claim 16, the phrase “a second rotational direction to prevent the” appears to be a typographical error and should be written as “a second rotational direction to prevent rotation”.
Regarding claims 17-21, 23, 29, each is objected to be it depends from an objected to claim.
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 16-21, 23, 29, and 31-32 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 pre-AIA the applicant regards as the invention.
Regarding claim 16, the phrase “A transection subsystem for a surgical instrument comprising” renders claim 16 vague and indefinite because it is unclear which element includes the following elements. It is unclear if the transection subsystem or the surgical instrument includes the features following the term “comprising”. For examining purposes, the phrase is interpreted as “A transection subsystem for a surgical instrument, wherein the transection subsystem comprises”.
Claims 17-21, 23, and 29 are dependent of claim 16 and include all the same limitations.
Regarding claim 31, the phrase “A transection subsystem for a surgical instrument comprising” renders claim 31 vague and indefinite because it is unclear which element includes the following elements. It is unclear if the transection subsystem or the surgical instrument includes the features following the term “comprising”. For examining purposes, the phrase is interpreted as “A transection subsystem for a surgical instrument, wherein the transection subsystem comprises”.
Claim 32 is dependent of claim 31 and include all the same limitations.
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 16-20, 23 and 31-32 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by reference Overmyer et al. (11,219,495).
Regarding claim 16, Overmyer et al. disclose a transection subsystem (400) for a surgical instrument (100), wherein the transection subsystem (400) comprises:
a rotatable shaft (402) having a lumen (708);
a firing rod (col 12 ln 16-17) extending at least partially through the lumen (708);
a firing rack (744) coupled to a proximal end of the firing rod (col 12 ln 16-17),
wherein the firing rod (col 12 ln 16-17) is rotationally independent of the firing rack (744);
a firing gear (740) engaged with the firing rack (744),
wherein rotation of the firing gear (740) moves the firing rack (744) and the firing rod (col 12 ln 16-17) axially;
a key receiver (746) in mechanical communication with the firing gear (740);
a key (416) configured to engage with the key receiver (746) and rotate the key receiver (746) in a unidirectional manner,
wherein the rotating the key (416) and key receiver (746) in a first rotational direction causes the key receiver (746) and the firing gear (740) to rotate, thereby moving the firing rod (col 12 ln 16-17) axially proximally, and
wherein the one of the key (416) or the key receiver (746) is configured to prevent rotation of the key (416) and the key receiver (746) in a second rotational direction to prevent rotation.
(Figure 4, 7A, 7B and Column 7 lines 16-34, Column 10 lines 2-5, Column 12 lines 12-18)
Regarding claim 17, Overmyer et al. disclose a transection input puck (608f) engageable with a first transection robotic output (610f), wherein rotation of the firing gear (740) is dependent on rotation of the transection input puck (608f). (Figure 6 and Column 8 lines 10-15, Column 12 lines 12-18)
Regarding claim 18, Overmyer et al. disclose:
a transection drive shaft (702f) coupled to the transection input puck (608f);
a transection spur gear (730) coupled to the transection drive shaft (702f);
a transection ramp gear (732) engaged with the transection spur gear (730);
a ramp gear shaft (734) coupled to the transection ramp gear (732) and a ramp spur gear (col 12 ln 29-30); and
a speed gear (736) engaged with the ramp spur gear (col 12 ln 29-30).
(Figure 7A, 7B and Column 12 lines 25-38)
Regarding claim 19, Overmyer et al. disclose the speed gear (736) is coupled to the firing gear (740). (Figure 7A and Column 12 lines 29-37)
Regarding claim 20, Overmyer et al. disclose the diameter of the speed gear (736) is greater than the diameter of the firing gear (740). (Figure 7A)
Regarding claim 23, Overmyer et al. disclose the key receiver (746) comprises one or more unidirectional ramps (748), wherein the key (416) comprises one or more corresponding unidirectional ramps (col 12 ln 50-51) configured to engage with the unidirectional ramps in a first direction and to slide along the unidirectional ramps in a second direction. (Figure 7A and Column 12 lines 48-51)
Regarding claim 31, Overmyer et al. disclose a transection subsystem (400) for a surgical instrument (100), wherein the transection subsystem (400) comprises:
a firing rod (col 12 ln 16-17);
a firing rack (744) coupled to a proximal end of the firing rod (col 12 ln 16-17),
wherein the firing rod (col 12 ln 16-17) is rotationally independent of the firing rack (744);
a firing gear (740) engaged with the firing rack (744),
a key receiver (746) in mechanical communication with the firing gear (740);
a key (416) configured to rotationally engage with the key receiver (746) in a unidirectional direction,
wherein the rotating the key (416) causes the key receiver (746) and the firing gear (740) to rotate, thereby moving the firing rod (col 12 ln 16-17) axially.
(Figure 4, 7A, 7B and Column 7 lines 16-34, Column 10 lines 2-5, Column 12 lines 12-18)
Regarding claim 32, Overmyer et al. disclose the key receiver (746) comprises one or more unidirectional ramps (748), wherein the key (416) comprises one or more corresponding unidirectional ramps (col 12 ln 50-51) configured to engage with the unidirectional ramps in a first direction and to slide along the unidirectional ramps in a second direction. (Figure 7A and Column 12 lines 48-51)
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.
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over reference Overmyer et al. (11,219,495) in view of reference Messerly et al. (11,058,477).
Regarding claim 21, Overmyer et al. disclose the claimed invention as stated above but do not disclose a slot and T-shaped tab.
Messerly et al. disclose assembly (500) for a surgical instrument (10), wherein the assembly (500) comprises:
a firing rack (540); and
a firing rod (1310),
wherein the firing rack (540) defines a slot (544),
wherein the firing rod (1310) comprises a T-shaped tab (1314), and
wherein the T-shaped tab is engaged with the slot to enable rotation of the firing rod (1310) with respect to the firing rack (540) while maintaining a longitudinal connection.
(Figure 3 and Column 9 lines 30-45)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the firing rod and firing rack of Overmyer et al. by incorporating the slot and tab as taught by Messerly et al., since column 8 lines 27-37 of Messerly et al. states such a modification would allow rotation of the surgical end effector about the shaft axis.
Claim 29 is rejected under 35 U.S.C. 103 as being unpatentable over reference Overmyer et al. (11,219,495) in view of reference Hill et al. (2024/0271574).
Regarding claim 29, Overmyer et al. disclose the claimed invention as stated above but do not disclose key receiver comprises a spline.
Hill et al. disclose a system comprising:
a key receiver (122); and
a key (124) configured to rotationally engage with the key receiver in a unidirectional direction,
wherein the rotating the key (124) causes the key receiver (122) to rotate,
wherein the key comprises a cam surface (132A, 132B), and
wherein the key receiver comprises a spine (130A, 130B) configured to engage with the cam surface (132A, 132B).
(Figure 2A and Page 5 paragraph 39)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the key and key receiver of Overmyer et al. by incorporating the cam and spline as taught by Hill et al., since page 2 paragraph 22 of Hill et al. states such a modification would allow increased surface area engagement which will reduce material stresses on the key and key receiver.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK B FRY whose telephone number is (571)272-0396. The examiner can normally be reached on Mon-Thur 7am-4pm.
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/PATRICK B FRY/Examiner, Art Unit 3731 November 29, 2025
/STEPHEN F. GERRITY/Primary Examiner, Art Unit 3731 1 December 2025
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