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
Applicants’ election of claims 1-10 is acknowledged.
The applicant’s argument that the search scope is all inside the endoscope therefore there is no search burden is not persuasive because the following CPC - A61B 2017/00398, A61B 2017/00862, and A61B 2017/00296 are all outside of endoscope area.
Since the combination requires actuator that is longitudinally moveable to pivot the end effector and further the actuator is moveable relative to the sheath. This requirement makes the combination structure different from the sub-combination structure because the sub-combination does not have such requirement of having an actuator in the invention.
The sub-combination has a separate utility such as a use of the end effector that can be moved or pivoted without needing actuator that is moveable relative to the sheath recited in the combination.
The applicant has not provided clear evidence that these inventions (group I: claims 1-10 and Group II: claims 11-20) are obvious variations. Further, the applicant has not clearly admitted on the record that these inventions are obvious variants. See MPEP 817, 8.21 (portion below) –
The election of an invention may be made with or without traverse. To reserve a right to petition, the election must be made with traverse. If the reply does not distinctly and specifically point out supposed errors in the restriction requirement, the election shall be treated as an election without traverse. Traversal must be presented at the time of election in order to be considered timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are added after the election, applicant must indicate which of these claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
Accordingly, the applicant’s arguments are not persuasive, and the restriction requirement is made final.
Accordingly, the claims 11-20 are withdrawn from further consideration.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01/22/2026, 12/18/2025, 05/06/2025, and 10/07/2024 is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Claim(s) 1-10 is/are rejected under 35 U.S.C. 102 as being anticipated by Smith (US 20210007736).
Regarding claim 1, Smith discloses a medical assembly (FIG. 2D) comprising:
an end effector (anvil 130).
a sheath (Axial opening inside the coupler 120; para [0038]); and
a device coupler (sheath 120, FIG. 2D, annotated ), wherein the device coupler includes a proximal support, a distal support (FIG. 2D, annotated), and a coupler arm (FIG. 2D annotated) extending between the proximal support and the distal support, wherein the coupler arm includes a surface configured to accommodate a shape of a medical device (A medical device is accommodated in the device coupler; FIG. 2D annotated) resting upon the coupler arm (FIG. 2D, annotated), wherein the end effector is attached to the distal support (FIG. 2D, annotated), and wherein the proximal support is attached to the sheath (Axial movement of actuation line 132 relative to sheath 120; Para [0038]).
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Regarding claim 2, Smith discloses an actuator (actuation line 132), wherein device distal end of the actuator is attached to a portion of the end effector (FIG. 2D; para [0038]).
Regarding claim 3, Smith discloses wherein the actuator is longitudinally movable to pivot the end effector relative to the device coupler (Axial movement of actuation line 132 relative to sheath 120 causes the tiling of the end effector and axial movement of the end effector; Para [0032], [0038]).
Regarding claim 4, Smith discloses wherein the actuator is longitudinally movable relative to the sheath (Axial movement of actuation line 132 relative to sheath 120; Para [0038]).
Regarding claim 5, Smith discloses wherein the actuator includes at least one inner drive mechanism that actuates the end effector to (1) close the end effector (Pulling of line 32 causes closing of the end effector; FIG. 2E) or (2) deploy fasteners.
Regarding claim 6, Smith discloses wherein the device coupler removably attaches the end effector (Device coupler 120 attaches the end effector 130 to the distal end of the medical device in a tube; FIG. 2D) to an outer surface of a distal end of the medical device.
Regarding claim 7, Smith discloses wherein the coupler arm joins the proximal support to the distal support (FIG. 2D).
Regarding claim 8, Smith discloses wherein the end effector is pivotably attached to the distal support (FIGS. 2C-2D).
Regarding claim 9, Smith discloses wherein the proximal support comprises at least one flexible arm (tissue fastening assembly 116 is bendable; Para [0029; Proximal support is flexible).
Regarding claim 10, Smith discloses wherein the sheath covers a portion of an actuator (FIG. 2D) that is configured to actuate an aspect of the end effector.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO – 892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHANKAR R GHIMIRE whose telephone number is (571)272-0515. The examiner can normally be reached 8 AM - 5 PM.
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, Anhtuan Nguyen can be reached on 571-272-4963. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHANKAR RAJ GHIMIRE/Examiner, Art Unit 3795
/ANHTUAN T NGUYEN/Supervisory Patent Examiner, Art Unit 3795 9/3/26
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