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 .
This action is in response to the documents received on March 4, 2025.
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 –
Claims 1-5, 11- and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by SHELTON, IV et al. (US 2018/0168643).
In reference to claims 1-3, SHELTON, IV et al. discloses a surgical stapling device comprising: a jaw assembly 250 coupled to a distal end of an elongated shaft (paragraph [0297]), the jaw assembly 250 including a reload support (paragraph [0311]), configured to receive a reload cartridge; the reload cartridge comprising a protruding boss 445’, 445’’ (paragraph [0346]; see Diagram I below of figure 22); a reload cover 502 extending longitudinal from a proximal end to a distal end, the reload cover including at least one inwardly biased latch arm 506, 507, 510 extending therefrom from a distal end and a proximal end (see Diagram II of figure 20 below) of the reload cover such that the latch arm(s) can releasably engage (paragraph [0311]) the protruding boss upon installation of the reload cartridge to the reload support (figures 21-23), and an aperture (see Diagram II of figure 20 below) adjacent each of the at least one latch arms; wherein the reload cover 502 is configured to disengage the reload support upon installation of the reload cartridge (see Diagram I of figures 22 and 23 below).
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Diagram I
Regarding claim 4, paragraph [0353] and figure 23 of SHELTON, IV et al. further discloses the reload support having at least one engagement notch (see Diagram I of figures 22 and 23 above) formed therein to engage at least one latch arm.
With respect to claim 5, SHELTON, IV et al. further discloses at least one latch arm member extending from the reload cover having a latch tooth extending laterally inwardly from an end of the latch arm member (see Diagram II of figure 20 below).
In reference to claim 11, SHELTON, IV et al. further discloses the at least one latch arm 510 positioned laterally outwardly of the at least one aperture (see Diagram II of figure 20 below).
Regarding claims 12 and 13, figure 20 of SHELTON, IV et al. discloses the reload cover 502 having a rectangular profile with at least one lateral extension (see Diagram II of figure 20 below) positioned outwardly of the rectangular profile; wherein the at least one latch arm 510 extends from the at least one extension; and wherein the at least one aperture is formed in a corresponding at least one lateral extension (see Diagram II of figure 20 below).
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Diagram II
With respect to claims 14, SHELTON, IV et al. discloses a reload cartridge assembly (figure 21) comprising: a reload cartridge body 540 having plurality of staple pocket rows (see Diagram III of figure 21 below) and a blade channel 543 in an upper surface 545 that extends longitudinally from a proximal end to a distal end; a protruding boss 445’, 445’’ (paragraph [0346]; see Diagram III below of figure 21) extending from lateral surfaces of the reload cartridge body 540; a reload cover 502 extending longitudinal from a proximal end to a distal end, the reload cover including at least one inwardly biased latch arm 506, 507, 510 extending therefrom from a distal end and a proximal end (see Diagram II of figure 20 below) of the reload cover such that the latch arm(s) can releasably engage (paragraph [0311]) the protruding boss upon installation of the reload cartridge to the reload support (figures 21-23), and an aperture (see Diagram II of figure 20 below) adjacent each of the at least one latch arms; wherein the reload cover 502 is configured to disengage the reload support upon installation of the reload cartridge (see Diagram I of figures 22 and 23 below).
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Diagram III
With respect to claim 15, SHELTON, IV et al. further discloses at least one latch arm member extending from the reload cover having a latch tooth extending laterally inwardly from an end of the latch arm member (see Diagram II of figure 20 below).
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.
Claims 10 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over SHELTON, IV et al. (US 2018/0168643) in view of HUITEMA et al. (US 2015/0297222.
In reference to claims 10 and 20, figure 21 of SHELTON, IV et al. appears to illustrate a fin extending from the reload cover 502, the fin being extendable within the blade channel 543 of the reload cartridge body; however, such a fin is not definitively disclosed.
HUITEMA et al. teaches a reload cartridge assembly comprising: a reload cartridge (figure 64) having a cartridge body 7220 extending longitudinally from a proximal end to a distal end; a protruding boss (see Diagram IV of figure 64 below) extending laterally outwardly at the distal end of the cartridge body; a planar reload cover 7250 extending longitudinally from a proximal end to a distal end and removably positionable on the upper surface 7226; the reload cover 2750 including an aperture (see Diagram IV of figure 64 below) adjacent a pair of latch arms 7255 AND A fin 7256 that is positionable within a blade channel of the reload cartridge body. It would have been obvious to one having ordinary skill in the art at the time of filing the invention to have modified the reload cover of SHELTON, IV et al. to include a fin as claimed, since paragraph [0429] of HUITEMA et al. states such a modification ensure proper positioning of the reload cover to the reload cartridge body while also retaining a wedge sled of the cartridge in a starting position.
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Diagram IV
Allowable Subject Matter
Claims 6-9 and 16-19 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Refer to the attached PTO-892 for a notice of references cited and recommended for consideration based on their disclosure of limitations related to the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GLORIA R WEEKS whose telephone number is (571)272-4473. The examiner can normally be reached M-F 8am-2pm & 5pm-7pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shelley Self can be reached on 571-272-4524. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GLORIA R WEEKS/Primary Examiner, Art Unit 3731
December 22, 2025