Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
This action is in response to the application filed on 04/02/25.
Claims 1-20 have been canceled. New claims 21-40 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) 29-30 and 32 is/are rejected under pre-AIA 35 U.S.C. 102b as being anticipated by Cappola (Pub. No. 2010/0094091 A1).
Regarding claim 29, Cappola discloses a surgical adapter assembly for use with a surgical instrument and a loading unit (16), comprising: a housing (26); a drive tube (52; Fig. 8) disposed within the housing and configured for longitudinal movement; a lockout (190; fig. 16) configured to engage a cut-out (199; Fig. 16) in the drive tube (52) to restrict longitudinal movement of the drive tube; an actuation bar (192; Fig. 16) configured to move the lockout during attachment of the loading unit; and a spring (194, 197) configured to bias the lockout such that the lockout engages the cut-out until the loading unit is secured to the adapter assembly.
Regarding claim 30, Cappola discloses wherein the actuation bar (52) includes a cam surface that interfaces with the lockout (i.e. see angled edges of recess 199; Fig. 16).
Regarding claim 32, wherein the lockout includes a tab (189; Fig. 17) that is disengaged from the cut-out upon rotation of the loading unit (16; Figs. 41-42).
Allowable Subject Matter
Claims 21-28 and 34-40 are allowed.
Claims 31 and 33 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.
Reasons for Allowance
The following is a statement of reasons for the indication of allowable subject matter: The prior art does not disclose or make obvious the claimed combination including the following features:
Regarding claim 1, it is the drive tube comprising a cut-out; and a lockout comprising a tab, wherein the actuation bar is configured to move the lockout to urge the tab into the cut-out of the drive tube to restrict the drive tube from moving longitudinally in combination with the other claimed elements of the surgical instrument that is novel over the prior art of record.
Regarding claim 31, wherein the actuation bar is coupled to a release button on the housing.
Regarding claim 33, further comprising a sensor configured to detect movement of the actuation bar.
Regarding claim 34, it is the sensor configured to detect movement of the actuation bar; and a controller configured to receive a signal from the sensor and determine a status of engagement of the loading unit based on the signal in combination with the other claimed elements of the surgical instrument that is novel over the prior art of record.
The combinations of the claimed limitations are novel and found to be allowable over prior art. The cited references taken singly or in combination do not anticipate or make obvious the Applicant’s claimed invention.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
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