DETAILED ACTION
This action is in response to the amendment filed on 12/18/25.
Claims 2-14 and 17-23 are pending and have been examined.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of pre-AIA 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 –
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claim(s) 2-6, 10, 18-21 and 23 is/are rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by Whitman et al. (8,241,322).
Regarding claims 2-6 and 10, Whitman discloses a surgical instrument, comprising: a handle assembly (1102) configured to be gripped by a user, the handle assembly including: a first motor (2023) and a first rotary output (2022) operably coupled with the first motor, a second motor (2013) and a second rotary output (2012) operably coupled with the second motor, and a third motor (96) and a third rotary output (94) operably coupled with the third motor (Fig. 11); a shaft assembly (1101) configured to releasably operably couple with the handle assembly, the shaft assembly including: a first rotary input (202) configured to releasably operably couple with the first rotary output (2022), a second rotary input (201) configured to releasably operably couple with the second rotary output (2012), and a third rotary input (88) configured to releasably operably couple with the third rotary output; and an end effector (11a; Fig. 3a) operably coupled with the shaft assembly and configured to clamp and fasten tissue with a plurality of surgical fasteners, wherein each of the first motor, the second motor, and the third motor is operable to actuate a respective portion of the shaft assembly or the end effector (Figs. 2b, 11); wherein the shaft assembly further includes a shaft (1101; Fig. 3a), wherein the first motor (2023) is operable to drive the first rotary output (2022) and the first rotary input (202) to thereby rotate at least one of the shaft or the end effector relative to the handle assembly (par. 44); wherein the second motor (2013) is operable to drive the second rotary output (2012) and the second rotary input (201) to thereby articulate the end effector relative to the shaft assembly (pivot about axis B; par. 44); wherein the third motor (96) is operable to drive the third rotary output (94) and the third rotary input (88) to thereby close and fire the end effector; wherein the end effector is configured to selectively decouple from the shaft assembly (as shown in Fig. 6a); wherein the end effector includes a first jaw (80) configured to receive a staple cartridge having a plurality of surgical staples, and a second jaw (50) configured to form the surgical staples when ejected from the staple cartridge (Fig. 2b).
Regarding claims 18-21, Regarding claim 18, Whitman’s surgical instrument is capable of perform the method steps of attaching the shaft assembly to the handle assembly (via coupling 1104; par. 38) such that: a first rotary output of the handle assembly operably couples with a first rotary input of the shaft assembly, a second rotary output of the handle assembly operably couples with a second rotary input of the shaft assembly, and a third rotary output of the handle assembly operably couples with a third rotary input of the shaft assembly; activating a first motor of the handle assembly to drive the first rotary output and the first rotary input to thereby actuate a first instrument portion of the surgical instrument; activating a second motor of the handle assembly to drive the second rotary output and the second rotary input to thereby actuate a second instrument portion of the surgical instrument; and activating a third motor of the handle assembly to drive the third rotary output and the third rotary input to thereby actuate a third instrument portion of the surgical instrument, wherein actuating one of the first instrument portion, the second instrument portion, or the third instrument portion includes ejecting a plurality of surgical fasteners from the end effector (as disclosed above); detaching the shaft assembly (decoupling 1104 from shaft not shown) from the handle assembly and thereby operably decoupling the first rotary input from the first rotary output, the second rotary input from the second rotary output, and the third rotary input from the third rotary output; and, wherein the shaft assembly includes a shaft operably coupled with the end effector, wherein actuating the first instrument portion includes rotating at least one of the shaft or the end effector relative to the handle assembly, actuating the second instrument portion includes articulating the end effector relative to the shaft, and actuating the third instrument portion includes closing the end effector and ejecting the surgical fasteners (as disclosed above); operably coupling the end effector with a distal end of the shaft assembly or operably decoupling the end effector with the distal end of the shaft assembly (upon coupling or decoupling the loading unit).
Regarding claims 1, 18 and 23, it is noted that the motors could be arranged in the handle assembly (as disclosed in 09/510923, incorporated by reference; col. 22, lines 51-56).
Allowable Subject Matter
Claims 11-14 and 17 are allowed.
Claims 7-9 and 22 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:
Regarding claims 7 and 16, a coupler distal to the articulation joint and configured to provide selective operable coupling and decoupling of the end effector relative to the shaft assembly.
Regarding claim 22, a latch that permit selective detachment of the shaft assembly from the handle assembly.
Response to Arguments
Applicant's arguments filed 12/18/25 have been fully considered but they are not persuasive.
Applicant argues that Whitman’ motors are components of the remote power console 1612, not the handle assembly. However, it is noted that serial number 09/510923, incorporated by reference in col. 22, lines 51-56, discloses wherein the motors could be arranged in the handle assembly.
For the reason above the grounds of rejection are deemed proper and maintained.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHELLE LOPEZ whose telephone number is (571)272-4464. The examiner can normally be reached Monday thru Friday 8:30 am to 4:30 pm.
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/MICHELLE LOPEZ/ Primary Examiner, Art Unit 3731