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 .
Claims 1-17 are presented for examination.
This application is a CON of 18/378,520 filed on 10/10/2023 now PAT 12,239,320 which is a CON of 17/825,754 filed on 05/26/2022 now PAT 11,779,337 17/825,754 is a CON of 16/209,427 filed on 12/04/2018 now PAT 11,389,164 which has PRO 62/773,778 filed on 11/30/2018 which has PRO 62/773,741 filed on 11/30/2018 which has PRO 62/773,728 filed on 11/30/2018 which has PRO 62/773,742 filed on 11/30/2018 which has PRO 62/750,555 filed on 10/25/2018 which has PRO 62/750,539 filed on 10/25/2018 which has PRO 62/750,529 filed on 10/25/2018 which has PRO 62/729,183 filed on 09/10/2018 which has PRO 62/729,185 filed on 09/10/2018 which has PRO 62/729,177 filed on 09/10/2018 which has PRO 62/729,186 filed on 09/10/2018 which has PRO 62/729,176 filed on 09/10/2018 which has PRO 62/729,182 filed on 09/10/2018 which has PRO 62/729,195 filed on 09/10/2018 which has PRO 62/729,184 filed on 09/10/2018 which has PRO 62/729,191 filed on 09/10/2018 which has PRO 62/721,998 filed on 08/23/2018 which has PRO 62/721,996 filed on 08/23/2018 which has PRO 62/721,994 filed on 08/23/2018 which has PRO 62/721,995 filed on 08/23/2018 which has PRO 62/721,999 filed on 08/23/2018 which has PRO 62/692,747 filed on 06/30/2018 which has PRO 62/692,768 filed on 06/30/2018 which has PRO 62/692,748 filed on 06/30/2018which has PRO 62/691,227 filed on 06/28/2018 which has PRO 62/691,262 filed on 06/28/2018 which has PRO 62/691,219 filed on 06/28/2018 which has PRO 62/691,251 filed on 06/28/2018 which has PRO 62/691,228 filed on 06/28/2018 which has PRO 62/691,230 filed on 06/28/2018 which has PRO 62/691,257 filed on 06/28/2018 which has PRO 62/665,129 filed on 05/01/2018 which has PRO 62/665,128 filed on 05/01/2018 which has PRO 62/665,177 05/01/2018 which has PRO 62/665,192 filed on 05/01/2018 which has PRO 62/665,134 filed on 05/01/2018 which has PRO 62/665,139 filed on 05/01/2018 which has PRO 62/659,900 filed on 04/19/2018which has PRO 62/650,877 filed on 03/30/2018 which has PRO 62/650,887 filed on 03/30/2018 which has PRO 62/650,882 filed on 03/30/2018 which has PRO 62/650,898 filed on 03/30/2018 which has PRO 62/649,309 filed on 03/28/2018 which has PRO 62/649,307 filed on 03/28/2018 which has PRO 62/649,294 filed on 03/28/2018 which has PRO 62/649,300 filed on 03/28/2018 which has PRO 62/649,327 filed on 03/28/2018 which has PRO 62/649,291 filed on 03/28/2018 which has PRO 62/649,296 filed on 03/28/2018 which has PRO 62/649,320 filed on 03/28/2018 which has PRO 62/649,333 filed on 03/28/2018 which has PRO 62/649,310 filed on 03/28/2018 which has PRO 62/649,313 filed on 03/28/2018 which has PRO 62/649,302 filed on 03/28/2018 which has PRO 62/649,323 filed on 03/28/2018 which has PRO 62/649,315 03/28/2018 which has PRO 62/611,341 filed on 12/28/2017 which has PRO 62/611,340 filed on 12/28/2017 which PRO 62/611,339 filed on 12/28/2017.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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, 8, 10-15 and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wendely et al. (US 2017/0055981).
Re Claims 1 and 18: Wendely et al. {hereinafter referred as “Wendely”} teaches method of applying a buttress of a surgical stapler end effector, which includes an end effector 40 including a staple cartridge 70 having a marking applicator {herein Wendely teaches an anvil 60 and known in the art as an applicator} including at least one marker controllable to mark tissue captured by the end effector (see fig.# 1; ¶ 247-253+, 260+); and a control system configured to control the marking applicator {herein a first marking 1462 and a second marker 1464} to selectively activate the at least one marker to cause the marking applicator to mark the tissue (¶ 432-436+). Wendely also teaches a staple body having a deck 73 (249+).
Re Claim 8: Wendely teaches a method, wherein the at least one marker is configured to apply a fluorescent material{herein that the materials forming liquid (1838) and body (1822) may be selected to provide a strong contrast, thereby enhancing visibility of liquid (1838) in reservoir (1834)} to the tissue to mark the tissue (448+).
Re Claim 10: Wendely teaches a method, wherein the at least one marker comprises an electrode 1774/1776 (¶ 443+).
Re Claim 11: Wendely teaches a method, wherein the control system is configured to control the marking applicator to selectively activate the at least one marker based on sensor data indicative of an amount of force applied to the tissue by the end effector {herein end effector 3340 of this example comprises a set of sensors (3390, 3392, 3394, 3396) and a marking 3394} (¶ 485+, 556+).
Re Claim 12: Wendely teaches a method, wherein the control system is configured to control the marking applicator to selectively activate the at least one marker based on sensor data indicative of deployment of staples from the staple cartridge (¶ 791-792+).
Re Claim 13: Wendely teaches a method, wherein the marking applicator comprises a first marking applicator, and wherein the staple cartridge further includes a second marking applicator having at least one marker controllable to mark the tissue captured by the end effector (¶ 432-433+).
Re Claim 14: wherein the first marking applicator is located at a proximal end of the staple cartridge and the second applicator is located at a distal end of the staple cartridge (¶ 432+).
Re Claim 15: wherein the first marking applicator is located toward a first longitudinal side of the staple cartridge and the second marking applicator is located toward a second longitudinal side of the staple cartridge opposite the first longitudinal side (¶ 433+).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wendely et al. (US 2017/0055981) in view of Tesar et al. (US 2017/0143442).
The teachings of Wendely et al. have been discussed above. Wendely also teaches environmental condition indicator (3218) is printed with environmentally sensitive ink whose properties change (¶ 495-496+).
Wendely fails to specifically teach the at least one marker is configured to apply an infrared readable ink formulation to the tissue to mark the tissue.
Tesar et al. teaches surgical visualization systems and displays, wherein at least one marker is configured to apply an infrared readable ink formulation to the tissue to mark the tissue (¶ ).
In view of Tesar et al.’s teachings, it would have been obvious to an artisan of ordinary skill in the art before the effective filing date of the claimed invention to employ into the teachings of Wendely the at least one marker is configured to apply an infrared readable ink formulation to the tissue to mark the tissue so as to provide a printed item with good resolution for delivering a readable mark.
Allowable Subject Matter
Claims 2-7, 16-17 and 19-20 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: the prior art of record fails to specifically teach:
Re Claim 2: the marking applicator includes a plurality of markers, and wherein the control system is configured to selectively activate each marker of the plurality of markers to mark the tissue;
Re Claim 16: the first marking applicator includes a plurality of first markers and the second marking applicator includes a plurality of second markers, wherein the plurality of first markers is greater than the plurality of second markers. These limitations in conjunction with other limitations in the claimed invention were not shown by the prior art of record.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Park (US 2019/0247045) teaches device and method for assisting selection of surgical staple height.
Mumaw et al. (US 2020/0337790) teaches inductively powered end of life indicators for robotic surgical instruments.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDWYN LABAZE whose telephone number is (571)272-2395. The examiner can normally be reached 8:30AM-5:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mr. STEVE PAIK can be reached at 571-272-2404. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EDWYN LABAZE/Primary Examiner, Art Unit 2876