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 12, 2025 and the preliminary amendments received on July 23, 2025.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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.
Claims 21-27, 30-35 and 37-40 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by HUITEMA et al. (US 10,010,324).
In reference to claim 21, HUITEMA et al. discloses a surgical cartridge (figure 92) comprising: a cartridge body 5310, 7502 including a plurality of apertures 5350, 7510 configured to receive a respective staple; a plurality of drivers 5340, 7350 movably disposed in the apertures 5350, each driver 7350 having a slot (groove; column 84 lines 3-8); and a plurality of protrusions 7512, 7514, 7516, 7518 fixed relative to the cartridge body such that each protrusion 7512, 7514, 7516, 7518 is received within a slot (groove) of a respective driver 5340, 7350; wherein the drivers are actuatable within the apertures 7510 and relative to the protrusions 7512, 7514, 7516, 7518 while the protrusions remain within the slots 7510 thereby maintaining the staple drivers in alignment with the apertures (column 84 lines 3-19). Although the illustrated embodiments are drawn to staple drivers having protrusions received within corresponding slots of apertures in which the drivers are housed, column 84 lines 11-19 of HUITEMA et al. states the protrusions of the drivers can be replaced with slots, and the slots of the apertures can be replaced with protrusions for the purpose of achieving the desired support of the driver as it translates within the slot. Although the illustrated embodiments are drawn to staple drivers having protrusions received within corresponding slots of apertures in which the drivers are housed, column 84 lines 11-19 of HUITEMA et al. states the protrusions of the drivers can be replaced with slots, and the slots of the apertures can be replaced with protrusions for the purpose of achieving the desired support of the driver as it translates within the slot.
Regarding claim 22, HUITEMA et al. further discloses the cartridge body to extending longitudinally along a longitudinal axis between proximal and distal ends; wherein an open lateral side of each slot extends laterally in a direction perpendicular to the longitudinal axis (see Diagram I below).
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Diagram I
With respect to claims 23 and 24, figures 95 and 97 of HUITEMA et al. further illustrates protrusions 7512, 7514, 7516, 7518, 7379 that extend laterally along the lateral (first perpendicular) direction (see Diagram I above) through open lateral sides of a respective slot and lengthwise (see Diagram II of figure 97 below) along a second perpendicular direction to the longitudinal direction, wherein in column 84 lines 1-19 acknowledges the reversal of the protrusions and slots on the drivers and apertures of the cartridge since reversal of parts involves only routine skill in the art.1
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Diagram II
In reference to claims 25 and 26, HUITEMA et al. further discloses each slot defined by a proximal inner wall and a distal inner wall (see Diagram II below of Figure 97), and each slot defined by an upper wall portion and a lower wall portion (see Diagram III below of figure 95); wherein each protrusion is configured to abut the lower portion of the inner wall of slot and the upper portion of the inner wall of the slot.
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Diagram III
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Diagram IV
Regarding claims 27, figure 95 of HUITEMA et al. further discloses each driver interconnected 7340 such that the interconnection permits drivers to translate within a plurality of apertures.
With respect to claim 30, HUITEMA et al. discloses a surgical cartridge (figure 92) comprising: a cartridge body 5310, 7502 including a plurality of apertures 5350, 7510 configured to receive a respective staple; a plurality of drivers 5340, 7350 movably disposed in the apertures 5350, each driver 7350 having a slot (groove; column 84 lines 3-8); and a plurality of protrusions 7512, 7514, 7516, 7518 fixed relative to the cartridge body such that each protrusion 7512, 7514, 7516, 7518 is received within a slot (groove) of a respective driver 5340, 7350; wherein the drivers are actuatable within the apertures 7510 and relative to the protrusions 7512, 7514, 7516, 7518 while the protrusions remain within the slots 7510 thereby maintaining the staple drivers in alignment with the apertures (column 84 lines 3-19). HUITEMA et al. further discloses each slot defined by a proximal inner wall and a distal inner wall (see Diagram II above of Figure 97), and each slot defined by an upper wall portion and a lower wall portion (see Diagram III above of figure 95); wherein each protrusion is configured to abut the lower portion of the inner wall of slot and the upper portion of the inner wall of the slot. Although the illustrated embodiments are drawn to staple drivers having protrusions received within corresponding slots of apertures in which the drivers are housed, column 84 lines 11-19 of HUITEMA et al. states the protrusions of the drivers can be replaced with slots, and the slots of the apertures can be replaced with protrusions for the purpose of achieving the desired support of the driver as it translates within the slot.
In reference to claims 31-32, HUITEMA et al. further discloses the cartridge body to extending longitudinally along a longitudinal axis between proximal and distal ends; wherein an open lateral side of each slot extends laterally in a direction perpendicular to the longitudinal axis (see Diagram I above).
Regarding claim 33, figures 95 and 97 of HUITEMA et al. further illustrates protrusions 7512, 7514, 7516, 7518, 7379 that extend laterally along the lateral (first perpendicular) direction (see Diagram I above) through open lateral sides of a respective slot and lengthwise (see Diagram II of figure 97 above) along a second perpendicular direction to the longitudinal direction, wherein in column 84 lines 1-19 acknowledges the reversal of the protrusions and slots on the drivers and apertures of the cartridge since reversal of parts involves only routine skill in the art.2
With respect to claims 34 and 35, HUITEMA et al. further discloses each slot defined by a proximal inner wall and a distal inner wall (see Diagram II below of Figure 97), and each slot defined by an upper wall portion and a lower wall portion (see Diagram III below of figure 95); wherein each protrusion is configured to abut the lower portion of the inner wall of slot and the upper portion of the inner wall of the slot.
In reference to claims 37-38, HUITEMA et al. discloses a method of operating a surgical stapler comprising the steps: advancing a sled 5370 longitudinally through a cartridge body (figure 93); directly contacting and actuating a staple driver 5340 within an aperture of the cartridge body; and guiding the actuation of the staple driver with the aperture with a protrusion that extends through a slot, whereby inner walls of the staple drive define the slot that slidably advances the protrusion there along to maintain alignment of the drive with the aperture along a central (longitudinal; see Diagram I) direction (column 84 lines 1-44). Although the illustrated embodiments are drawn to staple drivers having protrusions received within corresponding slots of apertures in which the drivers are housed, column 84 lines 11-19 of HUITEMA et al. states the protrusions of the drivers can be replaced with slots, and the slots of the apertures can be replaced with protrusions for the purpose of achieving the desired support of the driver as it translates within the slot.
Regarding claims 39 and 40, HUITEMA et al. further discloses the cartridge body to extending longitudinally along a longitudinal axis between proximal and distal ends; wherein an open lateral side of each slot extends laterally in a direction perpendicular to the longitudinal axis (see Diagram I above) and the protrusions remain fixed relative to the cartridge body as the staple driver advances therein (figure 93).
Allowable Subject Matter
Claims 28, 29 and 36 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.
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/GLORIA R WEEKS/Primary Examiner, Art Unit 3731
January 7, 2026
1 In re Einstein, 8 USPQ 167.
2 In re Einstein, 8 USPQ 167.