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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 02 February 2026 has been entered.
Response to Amendment
Receipt is acknowledged of an amendment, filed 02 February 2026, which has been placed of record and entered in the file.
Status of the claims:
Claims 16, 18-22, 24-36, and 38 are pending.
Claims 16, 18, 25, 28, 29, 31, and 36 are amended.
Claims 1-15, 17, 23, and 37 are canceled.
Specification and Drawings:
Amendments to the specification and drawings have not been submitted in the amendment filed 02 February 2026.
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.
Claims 31-35 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shelton et al. (US Patent Publ. No. 2022/0346782).
With respect to claim 31, Shelton et al. disclose a staple cartridge (staple cartridge 5500, portion shown in figs. 22-24, see also fig. 6) comprising: a staple pocket having an opening (staple cavities 5530, opening at deck surface 1512, figs. 6, 22-24) and containing a staple 5540 with staple legs 5542, 5544 and a staple crown (base 5541, figs. 23-24); and a set of arbors disposed adjacent the opening (first cam 5533, second cam 5535 adjacent the opening, figs. 23-24), wherein the set of arbors are integrally formed with a sidewall of the staple pocket and extend away from the sidewall at an angle in a direction along a longitudinal axis of the staple pocket (cams 5533, 5535 integrally formed with sidewalls 5532, 5534 as shown by cross-hatching in fig. 23, cams 5533, 5535 extend away from sidewalls 5532, 5534 at an angle in a direction along a longitudinal axis of the staple pocket, Annotated Figure 23), wherein the set of arbors are configured to bend the staple legs of the staple as the staple legs exit the staple pocket at the opening to form a formed staple (as the staple is lifted, the cams 5533, 5535 push the legs 5542, 5544 inwardly, facilitating proper deformation of the staple, and provide a point of contact as the legs are being deformed, [0714]-[0715]). Shelton et al. disclose that each cam 5533, 5535 is a beam (extending upwardly in fig. 22) about which the staple legs are formed, and therefore the cams are considered to comprise arbors.
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With respect to claim 32, Shelton et al. disclose that the staple crown (base 5541) is parallel to a cutline (crown is parallel to cut line of longitudinal slot 1520 that receives tissue cutting edge 1571, fig. 6) and the set of arbors are angled relative to the cut line (cams 5533, 5535 extend orthogonally to cut line, fig. 22; surfaces of cams 5533, 5535 are angled relative cut line, fig. 23).
With respect to claim 33, Shelton et al. disclose that the staple legs 5542, 5544 of the formed staple are in a first plane and the staple crown 5541 of the formed staple is in a second plane different from the first plane (the staple legs define a first plane and the staple base defines a second plane offset from the first plane, the staple legs are deformed outside of the plane of the staple base, [0719], [0722], figs. 23, 33).
With respect to claim 34, Shelton et al. disclose that the staple legs of the formed staple are spaced apart from each other, such that a distance between the staple legs of the formed staple is greater than a width of the staple pocket (distance between the staple legs is greater than staple pocket width, fig. 22, Annotated Figures 22, 23). Since the distance between the staple legs adjacent the staple base does not change when the staple is formed, the distance between the staple legs of the formed staple is considered to be greater than the width of the staple pocket.
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With respect to claim 35, Shelton et al. disclose that the formed staple has a three-dimensional (3D) shape (the staple legs define a first plane and the staple base defines a second plane offset from the first plane, the staple legs are deformed outside of the plane of the staple base, [0719], [0722], figs. 23, 33). Since the staple legs occupy a plane offset from a plane of the staple base when the legs are deformed, the formed staple is considered to have a three-dimensional shape.
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.
Claims 16, 18-22, and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Shelton et al. (US Patent Publ. No. 2022/0346782) in view of Morgan et al. (US Patent Publ. No. 2017/0281180) and Racenet et al. (WO 02/32322).
With respect to claim 16, Shelton et al. disclose a staple cartridge (staple cartridge 5500, portion shown in figs. 22-24, see also fig. 6) comprising: a staple channel having an opening (staple cavities 5530, opening at deck surface 1512, figs. 6, 22-24) and containing an unformed staple 5540 with staple legs 5542, 5544, and a crown (base 5541, figs. 23-24); and a set of guide surfaces disposed adjacent the opening (first cam 5533, second cam 5535, adjacent the opening, figs. 6, 23-24), wherein the set of guide surfaces are integrally formed with a sidewall of the staple channel, the set of guide surfaces extending away from the sidewall at an angle in a direction along a longitudinal axis of the staple channel (cams 5533, 5535 integrally formed with sidewalls 5532, 5534 as shown by cross-hatching in fig. 23, cams 5533, 5535 extend away from sidewalls 5532, 5534 at an angle in a direction along a longitudinal axis of the staple pocket, Annotated Figure 23), wherein the set of guide surfaces are configured to deform the staple legs of the unformed staple as the staple legs exit the staple channel at the opening (as the staple is lifted, the cams 5533, 5535 push the legs 5542, 5544 inwardly, facilitating proper deformation of the staple, and provide a point of contact as the legs are being deformed, [0714]-[0715]), and wherein the set of guide surfaces and the crown are angled relative to one another (cams 5533, 5535 are angled relative to the base 5541, as seen in the plane shown in fig. 23).
Shelton et al. fail to disclose the guide surfaces deform the staple legs out of plane with one another.
Morgan et al. disclose a surgical stapler including a staple cartridge and with guide surfaces that form the staple legs out of plane with one another (a three dimensional staple in which each leg of the formed staple does not lie in the same plane as the staple crown, [0432], fig. 87).
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 deform the staple legs out of plane with one another, as taught by Morgan et al., for a purpose such as providing a wider grip on the tissue.
Shelton et al. disclose that the staples are metal staples ([0228]) and that the cams deform the metal staples.
To the extent that Shelton et al. can be considered not to expressly disclose that the guide surfaces plastically deform the staple legs, this configuration is implicit in the disclosure of Shelton et al. at least because Shelton et al. expressly disclose that the staples are metal and that the cams deform the staples, since the staples would be plastically, permanently deformed to securely hold the formed shape once fired into tissue. Thus, one of ordinary skill in the art would reasonably draw the inference that the cams would plastically deform the staple legs, in order for the device to operate as disclosed to permanently deform the staple legs into a formed shape to hold once fired into tissue.
Racenet et al. disclose a staple cartridge in which the staples are metal staples (steel staples, pg. 2, para. 2) and the staple legs are plastically deformed (the staple legs are plastically deformed, pg. 22, para. 1).
Accordingly, 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 staple cartridge of Shelton et al. such that the guide surfaces plastically deform the staple legs, as taught by Racenet et al., since Shelton et al. disclose that the staples are metal staples and the cams deform the staple legs, and one of ordinary skill in the art would reasonably draw the inference that the cams would be so configured to operate as disclosed to permanently deform the staple legs into a formed shape to hold once fired into tissue. ("[I]n considering the disclosure of a reference, it is proper to take into account not only specific teachings of the reference but also the inferences which one skilled in the art would reasonably be expected to draw therefrom." In re Preda, 401 F.2d 825, 826, 159 USPQ 342, 344 (CCPA 1968)). MPEP 2144.01.
With respect to claim 18, Shelton et al. disclose that the set of guide surfaces are obliquely oriented relative to a longitudinal axis of the staple channel (cams 5533, 5535 are angled relative to the longitudinal axis of the staple channel, as seen in the plane shown in fig. 23, fig. 23 is a cross-section parallel to the longitudinal axis of the staple channel).
With respect to claim 19, Shelton et al. disclose that the set of guide surfaces are disposed along a length of the staple cartridge parallel to a longitudinal axis of the staple cartridge (first cam 5533, second cam 5535, the slots and the pairs of cams are arranged parallel to the longitudinal axis of the cartridge, figs. 6, 23-24), and wherein the crown is obliquely oriented relative to the longitudinal axis (curved surface of the base 5541 includes a plurality of surfaces that are obliquely oriented relative to the longitudinal axis of cartridge, fig. 23, fig. 23 is a cross-section parallel to the longitudinal axis).
With respect to claim 20, Shelton et al. disclose that the unformed staple is deformed into a formed staple by the set of guide surfaces (as the staple is lifted, the cams 5533, 5535 push the legs 5542, 5544 inwardly, facilitating proper deformation of the staple, and provide a point of contact as the legs are being deformed, [0714]-[0715]).
Shelton et al. disclose that the staples are metal staples ([0228]) and that the cams deform the metal staples.
To the extent that Shelton et al. can be considered not to expressly disclose that the guide surfaces plastically deform the staple legs, this configuration is implicit in the disclosure of Shelton et al. at least because Shelton et al. expressly disclose that the staples are metal and that the cams deform the staples, since the staples would be plastically, permanently deformed to securely hold the formed shaped once fired into tissue. Thus, one of ordinary skill in the art would reasonably draw the inference that the cams would plastically deform the staple legs, in order for the device to operate as disclosed to permanently deform the staple legs into a formed shape to hold once fired into tissue.
Racenet et al. disclose a staple cartridge in which the staples are metal staples (steel staples, pg. 2, para. 2) and the staple legs are plastically deformed (the staple legs are plastically deformed, pg. 22, para. 1).
Accordingly, 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 staple cartridge of Shelton et al. such that the guide surfaces plastically deform the staple legs, as taught by Racenet et al., since Shelton et al. disclose that the staples are metal staples and the cams deform the staple legs, and one of ordinary skill in the art would reasonably draw the inference that the cams would be so configured to operate as disclosed to permanently deform the staple legs into a formed shape to hold once fired into tissue. ("[I]n considering the disclosure of a reference, it is proper to take into account not only specific teachings of the reference but also the inferences which one skilled in the art would reasonably be expected to draw therefrom." In re Preda, 401 F.2d 825, 826, 159 USPQ 342, 344 (CCPA 1968)). MPEP 2144.01.
With respect to claim 21, Shelton et al. disclose that the formed staple has a three-dimensional (3D) shape (the staple legs define a first plane and the staple base defines a second plane offset from the first plane, the staple legs are deformed outside of the plane of the staple base, [0719], [0722], figs. 23, 33). Since the staple legs occupy a plane offset from a plane of the staple base when the legs are deformed, the formed staple is considered to have a three-dimensional shape.
With respect to claim 22, Shelton et al. disclose that the formed staple has a B-shape (the staples are formed into a B-shaped configuration, [0712]).
With respect to claim 24, Shelton et al. disclose an angle between the set of guide surfaces and the crown (Annotated Figure 23).
Annotated Figure 23 clearly shows an acute angle, and appears to show an angle between 5 and 20 degrees.
Insofar as Shelton et al. can be considered not to disclose an angle between 5 and 20 degrees, 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 guide surfaces of Shelton et al. to include an angle between the set of guide surfaces and the crown between 5 and 20 degrees, for a mechanical expedient such as ease of manufacture, in the absence of any unexpected results of the angle between 5 and 20 degrees. MPEP 2131.03.II. and 2144.05 I.
Claims 25-30, 36, and 38 are rejected under 35 U.S.C. 103 as being unpatentable over Shelton et al. (US Patent Publ. No. 2022/0346782) in view of Morgan et al. (US Patent Publ. No. 2017/0281180).
With respect to claim 25, Shelton et al. disclose a staple cartridge (staple cartridge 5500, portion shown in figs. 22-24, see also fig. 6) comprising: a cartridge deck (deck 1512, fig. 6, portion of the deck depicted in figs. 22), a staple channel in the cartridge deck, the staple channel having an opening (staple cavities 5530, opening at deck surface 1512, figs. 6, 22-24) and containing a staple 5540 with staple legs 5542, 5544, and a crown (base 5541, figs. 23-24), a set of guide surfaces disposed on and spanning along a length of the staple cartridge parallel to the longitudinal axis of the staple cartridge (first cam 5533, second cam 5535, the slots and the pairs of cams are arranged parallel to the longitudinal axis of the cartridge, figs. 6, 23-24); wherein the set of guide surfaces are configured to curl the staple legs of the staple as the staple legs exit the staple channel at the opening (as the staple is lifted, the cams 5533, 5535 push the legs 5542, 5544 inwardly, facilitating proper deformation of the staple, and provide a point of contact as the legs are being deformed, [0714]-[0715]). Shelton et al. disclose that the cams are configured to bend the staple into a B-shaped configuration ([0712]), and therefore the staple legs are considered to be curled.
Shelton et al. fail to disclose a vertical plane passing through a longitudinal center of the crown is obliquely oriented relative to the longitudinal axis.
Morgan et al. disclose a surgical stapler including a staple cartridge and a staple channel with staples, in which a vertical plane passing through a longitudinal center of the crown is obliquely oriented relative to the longitudinal axis (fig. 110).
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 include the staple channel such that a vertical plane passing through a longitudinal center of the crown is obliquely oriented relative to the longitudinal axis, as taught by Morgan et al., for a purpose such as providing a stapled line in tissue with the ability to stretch.
With respect to claim 26, Shelton et al. disclose that during a firing stroke, the staple legs of the staple are curled into a formed staple by the set of guide surfaces (as the staple is lifted, the cams 5533, 5535 push the legs 5542, 5544 inwardly, facilitating proper deformation of the staple, and provide a point of contact as the legs are being deformed, [0714]-[0715]). Shelton et al. disclose that the cams are configured to bend the staple into a B-shaped configuration ([0712]), and therefore the staple legs are considered to be curled.
With respect to claim 27, Shelton et al. disclose that the formed staple has a three-dimensional (3D) shape. (the staple legs define a first plane and the staple base defines a second plane offset from the first plane, the staple legs are deformed outside of the plane of the staple base, [0719], [0722], figs. 23, 33). Since the staple legs occupy a plane offset from a plane of the staple base when the legs are deformed, the formed staple is considered to have a three-dimensional shape.
With respect to claim 28, Shelton et al. disclose that the cams bend the staple into a B-shaped configuration ([0712]).
To the extent that Shelton et al. can be considered not to expressly disclose that curled portions of the staple legs of the formed staple are in two different planes that are parallel to each other, this configuration is implicit in the disclosure of Shelton et al. at least because Shelton et al. expressly disclose that the cams bend the staple into a B-shaped configuration, since a B-shaped configuration includes portions of the staple legs that are parallel to each other (the leg portions adjacent the crown). Thus, one of ordinary skill in the art would reasonably draw the inference that the staple legs of the formed staple are parallel to each other, in order for the device to operate as disclosed to bend the staple into a B-shaped configuration.
Morgan et al. disclose a staple cartridge in which the curled portions of the staple legs of the formed staple are in two different planes that are parallel to each other, forming a B-shaped configuration (each curled portion defines many planes, staple leg portions adjacent the crown are parallel to each other in B-shaped configuration, figs. 71, 88, 90, 101, 116).
Accordingly, 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 staple cartridge of Shelton et al. such that curled portions of the staple legs of the formed staple are in two different planes that are parallel to each other, as taught by Morgan et al., since Shelton et al. disclose that the staples are formed into a B-shaped configuration, and one of ordinary skill in the art would reasonably draw the inference that the staple legs would be so configured to operate as disclosed to form a B-shaped configuration. ("[I]n considering the disclosure of a reference, it is proper to take into account not only specific teachings of the reference but also the inferences which one skilled in the art would reasonably be expected to draw therefrom." In re Preda, 401 F.2d 825, 826, 159 USPQ 342, 344 (CCPA 1968)). MPEP 2144.01.
With respect to claim 29, Shelton et al. disclose that the crown (base 5541) and the staple legs 5542, 5544 of the formed staple are angled relative to one another. Shelton et al. disclose that the staple is formed into a B-shaped configuration ([0712]). Thus, the staple legs and portions thereof form several angles with the crown, and the crown and the staple legs of the formed staple are considered to be angled relative to one another.
With respect to claim 30, Shelton et al. disclose that the set of guide surfaces are parallel to a cut line (first cam 5533, second cam 5535, the slots and the pairs of cams are arranged parallel to the knife receiving longitudinal slot 1520 of the cartridge, figs. 6, 23-24) and the crown is angled relative to the cut line (curved surface of the base 5541 includes a plurality of surfaces that are angled relative to the knife receiving longitudinal slot 1520 of cartridge, fig. 23, fig. 23 is a cross-section parallel to the longitudinal axis.
With respect to claim 36, Shelton et al. disclose a staple cartridge (staple cartridge 5500, portion shown in figs. 22-24, see also fig. 6) comprising: a cartridge deck (deck 1512, fig. 6, portion of the deck depicted in figs. 22), a staple channel (staple cavities 5530, figs. 6, 22-24) containing a staple 5540 with staple legs 5542, 5544 and a crown (base 5541, figs. 23-24); and a set of arbors disposed adjacent the staple channel (first cam 5533, second cam 5535 adjacent the cavity 5530, figs. 23-24), wherein the set of arbors are configured to bend the staple legs of the staple as the staple legs exit the staple channel (as the staple is lifted, the cams 5533, 5535 push the legs 5542, 5544 inwardly, facilitating proper deformation of the staple, and provide a point of contact as the legs are being deformed, [0714]-[0715]). Shelton et al. disclose that each cam 5533, 5535 is a beam (extending upwardly in fig. 22) about which the staple legs are formed, and therefore the cams are considered to comprise arbors.
Shelton et al. disclose that the set of arbors are configured to bend the staple into a B-shaped configuration ([0712]). Shelton et al. disclose that as the staple is lifted, the cams 5533, 5535 push the legs 5542, 5544 inwardly, facilitating proper deformation of the staple, and providing a point of contact as the legs are being deformed, [0714]-[0715]).
To the extent that Shelton et al. can be considered not to expressly disclose that the set of arbors (the cams 5533, 5535) are configured to bend the staple legs perpendicularly to a vertical plane perpendicular to the cartridge deck and passing through both a longitudinal center of the crown and a longitudinal center of the staple channel, this configuration is implicit in the disclosure of Shelton et al. at least because Shelton et al. expressly disclose that the cams bend the staple into a B-shaped configuration, since a B-shaped configuration includes portions of the staple legs that are bent perpendicularly to a vertical plane perpendicular to the cartridge deck and passing through both a longitudinal center of the crown and a longitudinal center of the staple channel (the ends of the legs). For example, a “vertical” plane extending into the paper as in fig. 23, in the center of the channel. Thus, since the staple legs are bent in the plane of the paper, the staple legs are bent perpendicularly to a vertical plane perpendicular to the cartridge deck and passing through both a longitudinal center of the crown and a longitudinal center of the staple channel. The claims do not define the longitudinal center of the crown, and thus the longitudinal center of the crown can fairly be considered to be the center of the crown as viewed in fig. 23. Thus, one of ordinary skill in the art would reasonably draw the inference that the cams would be configured to bend the staple legs perpendicularly to a vertical plane perpendicular to the cartridge deck and passing through both a longitudinal center of the crown and a longitudinal center of the staple channel,, in order for the device to operate as disclosed to bend the staple into a B-shaped configuration.
Morgan et al. disclose a staple cartridge in which the staple legs are bent perpendicularly to a vertical plane perpendicular to the cartridge deck and passing through both a longitudinal center of the crown and a longitudinal center of the staple channel, forming a B-shaped configuration (the ends of the staple legs are perpendicular to a vertical plane passing through a longitudinal center of the crown in B-shaped configuration, figs. 71, 88, 90, 101, 116). Accordingly, 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 staple cartridge of Shelton et al. such that arbors are configured to bend the staple legs perpendicularly to a vertical plane perpendicular to the cartridge deck and passing through both a longitudinal center of the crown and a longitudinal center of the staple channel, as taught by Morgan et al., since Shelton et al. disclose that the arbors are configured to bend the staple legs into a B-shaped configuration, and one of ordinary skill in the art would reasonably draw the inference that the arbors would be so configured to operate as disclosed to form a B-shaped configuration. ("[I]n considering the disclosure of a reference, it is proper to take into account not only specific teachings of the reference but also the inferences which one skilled in the art would reasonably be expected to draw therefrom." In re Preda, 401 F.2d 825, 826, 159 USPQ 342, 344 (CCPA 1968)). MPEP 2144.01.
With respect to claim 38, Shelton et al. disclose the set of guide surfaces are disposed continuously from a distal end of the staple cartridge to a proximal end of the staple cartridge parallel to the longitudinal axis of the staple cartridge (fig. 6).
Response to Arguments
With respect to the rejection of claim 31 under 35 U.S.C. 102(a)(1) over Shelton et al. (US Patent Publ. No. 2022/0346782), the claim amendments and applicant’s arguments have been fully considered but are not persuasive.
Applicant argues that “while the cams 5533, 5535 of Shelton ‘782 may extend away from a sidewall, the Applicant submits that the cams 5533, 5535 do not extend away from a sidewall at an angle” and “the entire cam body of the cams 5533, 5535 extend straight into the staple pocket”.
In response, as shown in fig. 23, the surface of the cams 5533, 5535 extend away from the sidewalls 5532, 5534, at an angle, in the plane of the paper of fig. 23. Further, as shown in figs. 22 and 23, the surfaces of the cams also extend away from the (unnumbered) sidewalls perpendicular to the sidewalls 5532, 5534, at an angle, into the plane of the paper of fig. 23. If the entire cam body extends “straight into the staple pocket”, then the cam body is extending away from the sidewall at an angle. The claim does not require any particular angle, and thus may be “straight into”.
Applicant further argues that Shelton et al. does not disclose that the arbors “extend away from the sidewall at an angle in a direction along a longitudinal axis of the staple pocket” and that, with reference to the specification and a standard xyz coordinate system, Shelton et al. does not disclose arbors that are angled in a direction along a longitudinal axis of the staple pocket.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., that, with reference to the specification and a standard xyz coordinate system, Shelton et al. does not disclose arbors that are angled in a direction along a longitudinal axis of the staple pocket) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Claim 31 does not set forth where or in what direction “a longitudinal axis” of the staple pocket is located. As shown in Annotated Figure 23, Shelton et al. disclose a set of arbors that “extend away from the sidewall at an angle in a direction along a longitudinal axis of the staple pocket”.
Accordingly, the rejection of claim 31 under 35 U.S.C. 102(a)(1) over Shelton et al. is still deemed proper.
With respect to the rejection of claim 16 under 35 U.S.C. 103 as being unpatentable over Shelton et al. (US Patent Publ. No. 2022/0346782) in view of Morgan et al. (US Patent Publ. No. 2017/0281180) and Racenet et al. (WO 02/32322), the claim amendments and applicant’s arguments have been fully considered but are not persuasive.
Applicant argues that, for the reasons articulated above for independent claim 31, Shelton et al. fail to teach or disclose a set of guide surfaces that extend away from the sidewall at an angle in a direction along a longitudinal axis of the staple channel, as now claimed.
These arguments have been fully responded to above.
Applicant argues that Morgan and Racenet fail to cure the deficiencies of Shelton et al.
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
With respect to claim 18, applicant argues that, for the same reasons discussed above, neither Shelton et al., Morgan, or Racenet teach or disclose “the set of guide surfaces are obliquely oriented relative to the longitudinal axis of the staple channel.
These arguments have been fully responded to above.
With respect to claim 16, applicant argues that Morgan relates to staple forming pockets in the anvil, not to guide surfaces integrally formed with a sidewall of the staple channel, and that Morgan does not teach guide surfaces that perform deformation as the staple exits the staple channel at the opening.
In response, Morgan was cited as teaching forming the staples out of plane with one another, not for a disclosure of integrally formed guide surfaces that deform the staples as the staple exits the staple channel at the opening. Shelton et al. disclose integrally formed guide surfaces that deform the staples as the staple exits the staple channel at the opening.
In this regard, Shelton et al. disclose “In other instances, the first cam 5533 and the first cam shoulder 5543 are configured and arranged such that first cam shoulder 5543 contacts the first cam 5533 at the same time that the first leg 5542 contacts the anvil forming pocket registered with the first leg 5542. In such instances, the anvil forming pocket and the first cam 5533 co-operatively provide two points of contact for the first staple leg 5542 as the first staple leg 5542 is being deformed” ([0714], [0715]). Thus, Shelton et al. disclose that the cams and the anvil pockets cooperate to deform the legs into a formed staple. There is nothing in the claim language prohibiting the cams from cooperating with the anvil pockets.
Morgan et al. disclose a surgical stapler including a staple cartridge and with guide surfaces that form the staple legs out of plane with one another (a three dimensional staple in which each leg of the formed staple does not lie in the same plane as the staple crown, [0432], fig. 87).
Since Shelton et al. disclose integrally formed guide surfaces in the cartridge pockets that cooperate with anvil pockets to deform a staple, and Morgan discloses cartridge pockets and anvil pockets that deform a staple, 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 deform the staple legs out of plane with one another, as taught by Morgan et al., for a purpose such as providing a wider grip on the tissue.
Accordingly, the rejection of claim 16 under 35 U.S.C. 103 over Shelton et al. in view of Morgan and Racenet is still deemed proper.
With respect to the rejection of claims 25 and 38 under 35 U.S.C. 103 over Shelton et al. (US Patent Publ. No. 2022/0346782) in view of Morgan et al. (US Patent Publ. No. 2017/0281180), the claim amendments and applicant’s arguments have been fully considered but are not persuasive.
With respect to claim 25, applicant argues that Shelton et al. does not disclose “a set of guide surfaces disposed on and spanning along a length of the cartridge deck parallel to the longitudinal axis of the staple cartridge”.
In response, Shelton et al. disclose a staple cartridge 5500 having a deck (figs. 6, 22), with a plurality of staple channels in the deck (fig. 6), each staple channel having an opening (staple cavities 5530, opening at deck surface 1512, figs. 6, 22-24), and a set of guide surfaces in each staple channel (first cam 5533, second cam 5535, the slots and the pairs of cams are arranged parallel to the longitudinal axis of the cartridge, figs. 6, 23-24). As depicted in fig. 23, the tops of the cams 5533, 5535 are at the same height as the deck, and are thus disposed on the deck. Since Shelton et al. disclose the cams disposed on the deck, a plurality of staple channels arranged on the deck and spanning the length of the cartridge parallel to the longitudinal axis of the cartridge, and since each channel includes a plurality of cams, Shelton et al. is considered to disclose “a set of guide surfaces disposed on and spanning along a length of the staple cartridge parallel to the longitudinal axis of the staple cartridge
With respect to claim 38, applicant argues that in Shelton et al. the cams 5533, 5535 only continuously extend along a length of each individual staple channel.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., that the cams do not extend along the length of the cartridge) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). The claim neither recites nor requires that each individual cam extend along the length continuously of the cartridge. The claim recites “the set of guide surfaces” are disposed continuously. Since Shelton et al. disclose a plurality of a plurality of staple channels arranged on the deck and spanning the length of the cartridge parallel to the longitudinal axis of the cartridge, and since each channel includes a plurality of cams, Shelton et al. is considered to disclose the set of guide surfaces are disposed continuously from a distal end of the staple cartridge to a proximal end of the staple cartridge parallel to the longitudinal axis of the staple cartridge.
With respect to claim 36, applicant argues that Shelton et al. fail to disclose bending the staple legs perpendicularly to a vertical plane perpendicular to the cartridge deck and passing through both a longitudinal center of the crown and a longitudinal center of the staple channel, since as now claimed, the vertical plane is perpendicular to the cartridge deck.
In response, this configuration is implicit in the disclosure of Shelton et al. at least because Shelton et al. expressly disclose that the cams bend the staple into a B-shaped configuration, since a B-shaped configuration includes portions of the staple legs that are bent perpendicularly to a vertical plane perpendicular to the cartridge deck and passing through both a longitudinal center of the crown and a longitudinal center of the staple channel (the ends of the legs). For example, a “vertical” plane extending into the paper as in fig. 23, in the center of the channel. Thus, since the staple legs are bent in the plane of the paper, the staple legs are bent perpendicularly to a vertical plane perpendicular to the cartridge deck and passing through both a longitudinal center of the crown and a longitudinal center of the staple channel. The claims do not define the longitudinal center of the crown, and thus the longitudinal center of the crown can fairly be considered to be the center of the crown as viewed in fig. 23. Thus, one of ordinary skill in the art would reasonably draw the inference that the cams would be configured to bend the staple legs perpendicularly to a vertical plane perpendicular to the cartridge deck and passing through both a longitudinal center of the crown and a longitudinal center of the staple channel, in order for the device to operate as disclosed to bend the staple into a B-shaped configuration.
Applicant further argues that Morgan fails to disclose staple legs that are perpendicular to the crown.
In response, the claim sets forth that the set of arbors and configured to bend the staples perpendicular to the crown. The claim does not require that the final finished shape of the staples is that of the legs in a position perpendicular to the crown. Moreover, as shown in the figures of Morgan, at least a portion of the legs are in a position perpendicular to the crown in the finished shape. Further, Morgan discloses bending the staple legs in the perpendicular direction to reach the finished shape.
Accordingly, the rejections of claims 25 and 36 under 35 U.S.C. 103 over Shelton et al. in view of Morgan are still deemed proper.
Conclusion
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/LINDA J. HODGE/Examiner, Art Unit 3731