DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Claim Status
This Office action is in response to the filing of 2/28/2025. Claims 1-20 are currently pending. Claims 1-20 have been amended in a preliminary amendment.
Claim Objections
Claim 2 is objected to because of the following informality: the preamble reads “comprising” when it should read “wherein.” Appropriate correction is required.
Claim 8 is objected to because of the following informalities: line 4 reds “a first slope extending the” when it should read “a first slope extending from the.” Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 4-5 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 4, the limitation “each housing” in the third from last line lacks sufficient antecedent basis. In order to further prosecution, the limitation has been interpreted to recite “each compartment.” Claim 5 is rejected based on its dependency from claim 4.
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 1-7, 9-10, and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kostrzewski (US 2014/0021239 A1).
Regarding claim 1, Kostrzewski discloses a cartridge (226 – Fig. 8) comprising compartments (230 – Fig. 8) for storing respective surgical staples (110 – Fig. 5), each of the surgical staples comprising a first arm (the left 112 – Fig. 5) and second arm (the right 112 – Fig. 5) rotatably movable about an axis of rotation (112 rotates around the bend between 112 and 114, see Fig. 5) relative to the first arm in order to close the surgical staple, wherein all the compartments of the cartridge are designed so that, when the surgical staples are respectively stored in all the compartments of the cartridge, the surgical staples adopt respective positions such that a plane perpendicular to the axis of rotation of each of the surgical staples intersects each of the surgical staples (see Figs. 8 and 9, the staples are arranged with arms next to each other, the axis of rotation thus runs transverse to 226 and a plane perpendicular to the axis of rotation runs vertically and longitudinally).
Kostrzewski further discloses:
Claim 2, the surgical staples (110 – Fig. 5) are stored in all the compartments (230 – Fig. 8; see Fig. 9 where each of the staples corresponds to a compartment).
Claim 3, the compartments (230 – Fig. 8) comprise a first row of compartments (the left row of 230 – Fig. 8) opening onto a first side of the cartridge (the left side of 226 – Fig. 8), and a second row of compartments (the right row of 230 – Fig. 8) opening onto a second side of the cartridge opposite the first side (the right side of 226 – Fig. 8).
Claim 4, a first wall (the left longitudinal wall of 226 – Fig. 8) and a second wall (the right longitudinal wall of 226 – Fig. 8) delimiting the compartments (230 – Fig. 8) therebetween (as can be seen in Fig. 8, each 230 is between the left and right longitudinal walls of 226), the first wall having a first outer surface (the outer surface of the left longitudinal wall of 226 – Fig. 8) and the second wall having a second outer surface (the outer surface of the right longitudinal wall of 226 – Fig. 8) opposite the first outer surface, two stops (see annotated Fig. 8; note that the indicated stops are shown on another cartridge since the stops on 226 are hidden) projecting from the first outer surface to delimit therebetween a recess (see annotated Fig. 8), the two stops being arranged to allow the cartridge to be placed in a position gripped by an instrument wherein a first jaw of the instrument bears on the first outer surface and a second jaw of the instrument bears on the second outer surface (note that this is functional language, the two stops are fully capable of allowing a first jaw of an instrument to bear on the first outer surface and a second jaw of the instrument to bear on the second outer surface), each compartment of the cartridge is accessible via a first side of the instrument (the top of 226 – Fig. 8), the first jaw extends into the recess between the two stops (note that this is functional language, the recess is fully capable of receiving a first jaw).
Claim 5, two second stops (see annotated Fig. 8) projecting from the second outer surface (the outer surface of the right longitudinal wall of 226 – Fig. 8) to delimit therebetween a second recess (see annotated Fig. 8), the two second stops being arranged so that, in the gripped position, the second jaw extends into the second recess between the second stops (the second recess is fully capable of receiving a second jaw).
Annotated Fig. 8
PNG
media_image1.png
676
868
media_image1.png
Greyscale
Claim 6, first blocking means (the assembly of 242 and either of the round detents at the front or back of 226 – Fig. 8) for limiting a movement of the cartridge relative to a first adjacent structure (228 – Fig. 8) in a direction parallel to the plane (para. 0074; since 240 and 242 interlock, relative longitudinal movement between 226 and 228 is limited; furthermore, although it is not expressly disclosed, it is clear that the detents enter indents in 228), the first blocking means comprising: a first male element (either of the round detents at the front or back of 226 – Fig. 8) adapted to be engaged with a female element (the undisclosed indent of 228 as mentioned above) of the adjacent first structure, and a first female element (242 – Fig. 8) adapted to be engaged with a male element (240 of 228 – Fig. 8) of the adjacent first structure (para. 0074).
Claim 7, the first blocking means (the assembly of 242 and either of the round detents at the front or back of 226 – Fig. 8) are adapted to limit a translational movement of the cartridge relative to the first adjacent structure in any direction parallel to the plane (the round detents enter in detents of the adjacent structure, hence they do not allow movement longitudinally or vertically).
Claim 9, second blocking means (224 – Fig. 7) for limiting movement of the cartridge relative to a second adjacent structure (208 – Fig. 7) in a direction parallel to the plane (224 is a detent that enters 222, para. 0072, hence it limits longitudinal and vertical movement), the second blocking means being opposite the first blocking means relative to the compartments (see Fig. 7, 224 is on the opposite side of 226), the second blocking means comprising a second male element (see Fig. 7, 224 is a protrusion) adapted to be engaged with a female element (222 – Fig. 7) of the second adjacent structure (para. 0072).
Claim 10, the second blocking means (224 – Fig. 7) are adapted to limit translational movement of the cartridge relative to the second adjacent structure in any direction parallel to the plane (224 is a detent that enters 222, para. 0072, hence it limits longitudinal and vertical movement).
Claim 13, a set of cartridges comprising: a first cartridge (the left 226 – Fig. 7) according to claim 1 (see the rejection of claim 1 above), a second cartridge (the right 226 – Fig. 7) according to claim 1 (see the rejection of claim 1 above), and a case (202 – Fig. 7) comprising: a first flap (the left wall of 202 is interpreted to be the first flap) extending in a first plane (a vertical plane in which most of the left wall of 202 is situated) and a second flap (the right wall of 202 is interpreted to be the second flap) extending in a second plane (a vertical plane in which most of the right wall of 202 is situated), the first flap and the second flap defining therebetween a space (204 – Fig. 7) for storing the set of cartridges in a stacked position in which the plane of the first cartridge and the plane of the second cartridge are parallel to the first plane and the second plane (as can be seen in Fig. 7, the cartridges are stacked in the direction of the width of 204 which makes the plane of the cartridges parallel to the plane of the flaps).
Allowable Subject Matter
Claims 8, 11, and 14-20 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.
Claim 12 is allowed.
The following is a statement of reasons for the indication of allowable subject matter: Regarding claim 8, the first male element of Kostrzewski is a cylindrical detent and has no slope extending from the outer surface. Since the cylindrical detent already fulfills its function and there is no known reference that teaches a detent in a similar position with a sloped portion as claimed, it is not clear how Kostrzewski would be modified to include this feature without engaging in improper hindsight.
Regarding claim 11, the two blocking means of Kostrzewski are two different detent structures. Hence, they are not symmetrical.
Regarding claim 12, since the two blocking means are different structures as noted above, the first blocking means of a second cartridge would not engage with the second blocking means of a first cartridge.
Regarding claims 14 and 17, while it appears that the side walls of the carrier 202 must have some flexibility in order to snap fit the cartridges in 204, it is not clear that they are capability of enough flexibility to disengage from a cartridge and since their purpose is frictionally retain the cartridges, it is not clear why they would be modified to be capable of disengaging from a cartridge.
Regarding claims 18-20, the carrier is not a package but is intended for use during operation of a surgical staple. Hence, it is not made of cardboard, have a peripheral portion extending beyond the first flap, or have a fold line.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Dinino (US 2019/0133594 A1) discloses a staple cartridge with staples in a line.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS M WITTENSCHLAEGER whose telephone number is (571)272-7012. The examiner can normally be reached MON-FRI: 9:00-5:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shelley Self can be reached at 571-272-4524. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/THOMAS M WITTENSCHLAEGER/Primary Examiner, Art Unit 3731
8/31/2026
