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 .
Election/Restrictions
Applicant’s election without traverse of Group III and Species A in the reply filed on 03/02/2026 is acknowledged.
Claims 1-12 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention and species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 03/02/2026.
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 13-16, 18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Thompson (US 2008/0221596 A1) in view of Zand (US 2009/0234248 A1).
Regarding claim 13, Thompson discloses (see abstract; paras. [0030]-[0062]; figs. 1-22) a system for forming an anastomosis (abstract), the system comprising:
a compression ring assembly (includes ring device 9 and latching mechanism, para. [0045]; figs. 14-17) including:
a tubular support member (includes 22 and 42, paras. [0031] and [0045]; fig. 4);
a first ring (formed by distal arms 14, para. [0030]; figs. 3-4) securely coupled to the tubular support member (figs. 3-4), the first ring configured to engage a first segment of an alimentary tract portion (tissue wall 4, para. [0030]; figs. 1-2); and
a second ring (formed by arms 13) slidably disposed on the tubular support member (figs. 3-4) and movable along the tubular support member and relative to the first ring (via slide control, paras. [0031]-[0032]), the second ring configured to engage a second segment of the alimentary tract portion (figs. 1-2); and
a surgical device including:
an annular reload (proximal actuating member 32, para. [0035]) configured to support the second ring (para. [0035]);
an anvil assembly (distal actuating member 28, para. [0034]) configured to engage the tubular support member (via window slots, figs. 6-7), wherein at least one of the first ring and the second ring are configured to be approximated relative to each other to compress the first segment and the second segment to form an anastomosis (para. [0030]; figs. 1-2 and 4).
However, Thompson fails to disclose the surgical device being powered; a sensor configured to measure at least one property of the alimentary tract portion; and a controller configured to determine whether the anastomosis has been formed based on the at least one property.
Zand teaches (paras. [0065]-[0069]; fig. 1), in the same field of endeavor, a system for forming an anastomosis (abstract) comprising a powered surgical device (paras. [0055] and [0067]), a sensor (includes 113 and 115, para. [0065]) configured to measure at least one property of an alimentary tract portion (takes measurements of tissue, paras. [0065]-[0066]), and a controller (131) configured to determine whether the anastomosis has been formed based on the at least one property (receives signals to make assessment of procedure, paras. [0065] and [0069]), for the purpose of sensing mechanical or biological properties of the tissue to provide data to the user regarding tension on the tissue for indication of the likelihood of success of the procedure in current conditions (paras. [0065]-[0066] and [0080]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Thompson to include a powered sensor and controller, in order to provide the capability of communicating mechanical or biological properties of the tissue to the user, which would indicate the likelihood of success of the procedure in current conditions, based on the suggestions and teachings of Zand (paras. [0065]-[0066] and [0080]).
Regarding claim 14, Thompson (as modified) teaches the system according to claim 13. Thompson further discloses wherein the tubular support member includes at least one protrusion (window slots 26 and 27 considered to form protrusions, para. [0033]) configured to engage the anvil assembly (figs. 3-4).
Regarding claim 15, Thompson (as modified) teaches the system according to claim 13. Thompson further discloses wherein the compression ring assembly further includes a lock ring (latching mechanism) disposed on the tubular support member (figs. 14-15), the lock ring movable along the tubular support member and relative to the second ring (includes longitudinally translatable push portions 43, para. [0045]), the lock ring configured to retain the second ring (latches ring device in actuated shape, para. [0045]).
Regarding claim 16, Thompson (as modified) teaches the system according to claim 15. Thompson further discloses wherein the tubular support member includes a barbed surface (48, para. [0046]) configured to permit movement of the lock ring in a direction toward the second ring (paras. [0045]-[0046]).
Regarding claim 18, Thompson (as modified) teaches the system according to claim 13. Thompson further discloses wherein the annular reload includes: a first driver (pull rod 31 including geometric coupling 36, considered to be a driver, fig. 9) longitudinally movable within the annular reload (para. [0036]; fig. 9) and configured to engage the second ring (considered to be capable of at least indirectly engaging arms 13 via catches 35, figs. 3-4 and 14).
Regarding claim 20, Thompson (as modified) teaches the system according to claim 15. Thompson further discloses wherein the annular reload includes: a second driver (pull rod 31 including geometric coupling 36, considered to be a driver, fig. 9) longitudinally movable within the annular reload (para. [0036]; fig. 9) and configured to engage the lock ring (considered to be capable of engaging push portions 43 via catches 35, see fig. 17).
Claim(s) 17 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Thompson in view of Zand as applied to claim 13 above, and further in view of Arnold (US 2022/0008075 A1).
Regarding claim 17, Thompson (as modified) teaches the system according to claim 13.
Thompson further discloses a first transmission assembly (distal ring slide control 23) coupled to the anvil assembly (para. [0034]).
However, Thompson (as modified) fails to teach wherein the powered surgical device further includes: a first motor; and the first transmission assembly coupled to the first motor and the anvil assembly, the first motor configured to move the anvil assembly.
Arnold teaches (para. [0063]), in the same field of endeavor, a system for forming an anastomosis (abstract, para. [0029]) comprising an actuator including a motor in place of a rotatable knob (para. [0063]).
The substitution of one known element (actuator being a motor) for another (actuator being a rotatable knob, para. [0063] of Arnold, para. [0031] of Thompson) would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, since the substitution of the motor as taught by Arnold, would have yielded predictable results, specifically, providing automatic actuation of the anvil assembly when desired.
Thompson (as modified) further teaches wherein the powered surgical device further includes: a first motor (combination considered to further teach motor in place of knob 37 of Thompson); and the first transmission assembly coupled to the first motor and the anvil assembly, the first motor configured to move the anvil assembly (combination considered to further teach slide control 23 coupled similarly to motor as knob 37, para. [0037] of Thompson).
Regarding claim 19, Thompson (as modified) teaches the system according to claim 18.
Thompson further discloses a second transmission assembly (proximal ring slide control 24, para. [0035]) coupled to the first driver (via geometric coupling 36 such that proximal and distal actuating members are locked to each other in rotation, para. [0036]) configured to move the second ring (when actuating members are locked in rotation).
However, Thompson (as modified) fails to teach wherein the powered surgical device further includes: a second motor; and the second transmission assembly coupled to the second motor and the first driver, the second motor configured to move the second ring.
Arnold teaches (para. [0063]), in the same field of endeavor, a system for forming an anastomosis (abstract, para. [0029]) comprising an actuator including a motor in place of a rotatable knob (para. [0063]).
The substitution of one known element (actuator being a motor) for another (actuator being a rotatable knob, para. [0063] of Arnold, para. [0031] of Thompson) would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, since the substitution of the motor as taught by Arnold, would have yielded predictable results, specifically, providing automatic actuation of the second ring when desired.
Thompson (as modified) further teaches wherein the powered surgical device further includes: a second motor (combination considered to further teach motor in place of knob 37 of Thompson); and the second transmission assembly coupled to the second motor and the first driver, the second motor configured to move the second ring (combination considered to further teach slide control 24 coupled similarly to motor as knob 37, para. [0037] of Thompson).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 6503259 B2 to Huxel, disclosing an expandable anastomotic device.
US 2004/0015179 A1 to Monassevitch, disclosing an intussusception and anastomosis apparatus.
US 2002/0091397 A1 to Chen, disclosing an anastomosis gun.
US 2015/0230798 A1to Gronlund, disclosing a mounting tool for an anastomotic device.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIGID K BYRD whose telephone number is (571)272-7698. The examiner can normally be reached Mon-Fri 8:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Darwin Erezo can be reached at (571)-272-4695. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRIGID K BYRD/Examiner, Art Unit 3771