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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 23 January 2026 has been entered.
Information Disclosure Statement
Receipt is acknowledged of Information Disclosure Statement(s) (IDS), filed 11 February 2026, which have been placed of record in the file. An initialed, signed, and dated copy of each PTO-1449 or PTO-SB-08 form is attached to the Office action.
Response to Amendment
Receipt is acknowledged of an amendment, filed 23 January 2026, which has been placed of record and entered in the file.
Status of the claims:
Claims 1-13 and 15-20 are pending.
Claims 1-4, 8, and 11 are amended.
Claim 14 is canceled.
Specification and Drawings:
Amendments to the specification and drawings have not been submitted in the amendment filed 23 January 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 1-4, 9-13, and 16-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Baxter et al. (US Patent Publ. No. 2015/0173756).
With respect to claim 1, Baxter et al. disclose a surgical instrument (fig. 15 ) comprising: an elongate shaft (elongated shaft assembly 1100, fig. 15); an end effector coupled to the shaft and including a first jaw comprising an anvil and an internal channel and a second jaw configured to receive a staple cartridge comprising a plurality of staples (end effector 1012 including anvil assembly 1020 having an internal channel, and a jaw channel 1014 that receives a staple cartridge 10030, fig. 16); a wrist assembly coupling the elongate shaft with the end effector (flexible neck assembly 1110); a drive member configured to close the jaws and to engage the staples upon distal translation of the drive member through the staple cartridge and move the staples from an interior of the staple cartridge to an exterior of the staple cartridge (tissue cutting head 1190 moves the anvil between open and closed positions, fires the staples, and cuts tissue, fig. 16, [0280], [0294], [0295]); an actuator having a force transmission member coupled to the drive member to apply a force to the drive member and translate the drive member through the end effector to close the jaws and engage the staples (knife bar assembly 1180, fig. 16), the force transmission member having a first portion extending through the shaft into the wrist assembly (a portion of the knife bar assembly 1180 is received in flexible neck assembly 1110, fig. 16, [0290]) and a second portion laterally outward from the first portion, the second portion configured to advance through the internal channel in the first jaw and oriented substantially parallel to the first portion (upper knife bar 1184 is positioned laterally outward from and parallel to the knife bar assembly 1180, and upper knife bar 1184 advances through internal channel of anvil assembly 1020, fig. 16, [0290], [0295].
With respect to claim 2, Baxter et al. disclose the force transmission member comprises a third portion extending at an angle relative to the longitudinal axis of the shaft (fig. 16).
With respect to claim 3, Baxter et al. disclose the third portion is curved (figs. 16, 18).
With respect to claim 4, Baxter et al. disclose the force transmission member comprises a drive cable (knife bar assembly 1180 is elongate in shape and is flexible, figs. 16, 18, [0290]-[0291]).
With respect to claim 9, Baxter et al. disclose a staple cartridge (staple cartridge 10030, fig. 16).
With respect to claim 10, Baxter et al. disclose the actuator has a proximal end configured to be operatively coupled to a control device of a robotic surgical system (proximal end of knife bar assembly, instrument is controlled by a robotic control system, fig. 16, [0253]).
With respect to claim 11, Baxter et al. disclose a surgical instrument (fig. 15) comprising: an elongate shaft having a longitudinal axis (elongated shaft assembly 1100, fig. 15); an end effector coupled to the shaft and including a first jaw and a second jaw configured to receive a staple cartridge comprising a plurality of staples (end effector 1012 including anvil assembly 1020 having an internal channel, and a jaw channel 1014 that receives a staple cartridge 10030, fig. 16); a joint assembly for articulating the end effector relative to the shaft (flexible neck assembly 1110); a coupler device between the joint assembly and the end effector, the coupler device having an internal channel that extends outward relative to the longitudinal axis from a first proximal end coupled to the shaft to a second distal end coupled to the end effector (unnumbered coupler device between end effector 1012 and flexible neck assembly 1110 that includes an outwardly extending portion at the distal end near element 1186, fig. 18); and a drive assembly comprising a continuous force transmission member extending from the shaft through the coupler device and being configured to advance through at least a portion of the first jaw (knife bar assembly 1180 extending through coupler and portion 1184 advances through anvil channel, fig. 16, [0290] and a drive member coupled to the force transmission member and configured to engage the staples upon distal translation of the drive member through the staple cartridge and move the staples from an interior of the staple cartridge to an exterior of the staple cartridge (tissue cutting head 1190 that fires staples and cuts tissue, fig. 16, [0280], [0294], [0295]).
With respect to claim 12, Baxter et al. disclose the internal channel of the coupling device extends in a longitudinal direction and in a lateral direction relative to the longitudinal axis (fig. 18).
With respect to claim 13, Baxter et al. disclose the internal channel of the coupling device comprises a first portion oriented substantially parallel to the longitudinal axis of the shaft, a second intermediate portion, and a third portion oriented substantially parallel to the longitudinal axis of the shaft and laterally outward from the first portion (first proximal portion, third distal portion, and intermediate portion between the first and second portions, fig. 18).
With respect to claim 16, Baxter et al. disclose the force transmission member comprises a first portion oriented substantially parallel to the longitudinal axis of the shaft (knife bar assembly 1180), a second curved portion (portion between knife bar assembly 1180 and portion 1184, fig. 18), and a third portion oriented substantially parallel to the longitudinal axis of the shaft and laterally outward from the first portion (portion 1184, fig. 18).
With respect to claim 17, Baxter et al. disclose the first portion extends through an internal passage in the shaft and the third portion extends through an internal channel of the first jaw (fig. 18).
With respect to claim 18, Baxter et al. disclose the first jaw comprises an anvil (anvil assembly 1020) and the second jaw comprises a channel for receiving the staple cartridge (jaw channel 1014).
With respect to claim 19, Baxter et al. disclose a staple cartridge (cartridge 10030).
With respect to claim 20, Baxter et al. disclose the force transmission member has a proximal end configured to be operatively coupled to a control device of a robotic surgical system (proximal end of knife bar assembly, instrument is controlled by a robotic control system, fig. 16, [0253]).
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 5 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Baxter et al. (US Patent Publ. No. 2015/0173756) in view of Hatanaka et al. (US Patent Publ. No. 2018/0008265).
With respect to claim 5, Baxter et al. disclose a force transmission member comprising a cable (knife bar assembly 1180, 1184), but fail to disclose the force transmission member comprises a coil.
Hatanaka et al. disclose a similar surgical instrument including a force transmission member comprising a coil (coil member 23, fig. 9, [0072]).
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 Baxter et al. device to replace the cable with a coil as taught by Hatanaka et al., as the substitution of an art-recognized equivalent for advancing and retracting a mechanical element. MPEP 2144.06 II.
With respect to claim 8, Baxter et al. disclose the force transmission member comprises a cable (knife bar assembly 1180, 1184), but fail to disclose a drive cable and a coil surrounding at least a portion of the drive cable, wherein at least the drive cable extends through a bore formed in the drive member.
Hatanaka et al. disclose a similar surgical instrument including a force transmission member comprising a coil (coil member 23, fig. 9, [0072]) surrounding a drive cable (guide wire 24) in which the cable extends through a bore formed in a drive member (guide wire 24 extends through slider section 16b of the movable member 7, fig. 9, [0072]).
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 Baxter et al. device to replace the cable with a cable surrounded by a coil and extending through a bore formed in the drive member, as taught by Hatanaka et al., as the substitution of an art-recognized equivalent for advancing and retracting a mechanical element. MPEP 2144.06 II.
Response to Arguments
Applicant’s arguments with respect to claims 1-13 and 15-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Allowable Subject Matter
Claims 6-7 and 15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
With respect to claim 6, the prior art fails to disclose or teach the apparatus of claim 3, further comprising a coupling device coupling the shaft with the end effector and having an internal channel, wherein the internal channel curves laterally outward from a first proximal end coupled to an internal passage of the shaft to a second distal end coupled to the internal channel in the first jaw.
Claim 7 depends from claim 6 and is likewise allowable.
With respect to claim 15, the prior art fails to disclose or teach the apparatus of claim 13, wherein the intermediate portion curves from the first portion to the second portion.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Linda J. Hodge whose telephone number is (571)272-0571. The examiner can normally be reached Monday-Friday 8:00-5:00.
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/LINDA J. HODGE/Examiner, Art Unit 3731