DETAILED ACTION
This non-final Office action is in response to Applicant’s patent application filed on 12/2/2024. An action on the merits follows.
Claims 1-20 are pending in the application.
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/Restriction
Applicant’s election of Species D (fig. 16) in the reply filed on 1/26/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)). Claims 9, 11, 14, 16-17 and 20 are withdrawn.
Claims 3-5 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species C (fig. 15), there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 1/26/2026.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim 1-2, 6-7, 10 and 12 are rejected under 35 U.S.C. 102 (a)(1/2) as being anticipated by USPGP# 20110204120 of Crainich (henceforth Crainich).
Regarding claim 1, Crainich teaches
A tissue fastening device (20, 24) comprising:
a body (24) configured to include a plurality of fasteners (172);
an anvil (26) rotatable relative to the body (para 0051);
a tissue cutting device (280), wherein the body comprises a channel (178) configured to receive the tissue cutting device (para 0062);
a fastener actuator (206, 210) configured to move proximally relative to the body to deploy the plurality of fasteners from the body (para 0006); and
a coupling mechanism (208, 236, 334, 330, 332, 282, 284), wherein the coupling mechanism is configured to couple an actuation wire (202) to the fastener actuator and the tissue cutting device (para 0063), and wherein the coupling mechanism includes a biasing member (330 please note bias is defined as “to influence in a particular direction” by American Heritage dictionary. Since 330 initially causes the biased movement of the actuation wire 202 to allow movement of the fastener actuator prior to tissue cutting device, the claims as recited are anticipated. see “https://www.ahdictionary.com/word/search.html?q=bias” Accessed 3/11/2026) configured to delay proximal movement of the tissue cutting device relative to proximal movement of the fastener actuator (para 0067).
Regarding claim 2, as shown in claim 1, Crainich teaches
wherein the coupling mechanism includes a first connecting wire (234, 236) extending between the actuation wire and the fastener actuator and a second connecting wire (282) extending between the actuation wire and the tissue cutting device (see fig. 18).
Regarding claim 6, as shown in claim 2, Crainich teaches
wherein the coupling mechanism includes a ring coupler (284), wherein the ring coupler is configured to allow the first connecting wire and the actuation wire to move relative to the ring coupler (para 0067).
Regarding claim 7, as shown in claim 6, Crainich teaches
wherein when the biasing member is coupled to the first connecting wire (part of the biasing member 332 is connected to 330), between the actuation wire and the fastener actuator (see figs. 16 and 18).
Regarding claim 10, Crainich teaches
A tissue fastening device (20, 24) comprising:
a body (24) configured to include a plurality of fasteners (172);
an anvil (26) rotatable relative to the body (para 0051);
a tissue cutting device (280), wherein the body comprises a channel (178) configured to receive the tissue cutting device (para 0062);
a fastener actuator (206, 210) configured to move proximally relative to the body to deploy the plurality of fasteners from the body (para 0006);
an actuation wire (202);
a first connecting wire (234, 236) coupling the actuation wire to the fastener actuator (para 0064, fig. 16);
a second connecting wire (282) coupling the actuation wire to the tissue cutting device (fig. 18); and
a biasing member (330) coupled to the first connecting wire (directly and indirectly as shown in figs. 16 and 18 and as described in para 0064 and 0067) or the second connecting wire (indirectly through 284 as shown in fig. 18), between the actuation wire and (a) the fastener actuator (see fig. 18)
Regarding claim 12, as shown in claim 10, Crainich teaches
wherein a ring coupler (284) couples the actuation wire to the second connecting wire (para 0067, fig. 18), wherein the ring coupler is configured to allow the first connecting wire and the actuation wire to move relative to the ring coupler (para 0067).
Allowable Subject Matter
Claims 15 and 18-19 are allowed.
Regarding claims 15, the prior art of record, in combination with other limitations of the claim, is silent on “a biasing member configured to lengthen or shorten during or after proximal movement of fastener actuator, prior to any proximal movement of the tissue cutting device”. USPGP# 20110204120 of Crainich teaches all of the limitations of claim 8 except for compress the biasing member. The biasing member of Crainich is rigid and not compressible and therefore cannot lengthen or shorten. Furthermore, it would not have been obvious to one of ordinary skill in the art to add/modify such a configuration without hindsight and significant changes to the device of Crainich. Therefore, the prior art, taken alone or in combination, fails to read on the present claims.
Claims 18-19 are allowed for depending on claim 15.
Claims 8 and 13 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.
Regarding claims 8 and 13, the prior art of record, in combination with other limitations of the claim, is silent on “proximal movement of the actuation wire is configured to cause the ring coupler to contract a proximal end of the biasing member and compress the biasing member”. USPGP# 20110204120 of Crainich teaches all of the limitations of claim 8 except for compress the biasing member. The biasing member of Crainich is rigid and not compressible and therefore cannot compress. Furthermore, it would not have been obvious to one of ordinary skill in the art to add/modify such a configuration without hindsight and significant changes to the device of Crainich. Therefore, the prior art, taken alone or in combination, fails to read on the present claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOBEEN AHMED whose telephone number is (571) 272-0356. The examiner can normally be reached on M-F (8:30 am to 5 pm).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna Kinsaul can be reached on 571-270-1926. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M. A./
Examiner, Art Unit 3731
/VERONICA MARTIN/Primary Examiner, Art Unit 3731