Prosecution Insights
Last updated: July 17, 2026
Application No. 19/158,326

STAPLING DEVICE WITH FIRING LOCKOUT ASSEMBLY

Non-Final OA §112
Filed
Aug 20, 2025
Priority
Feb 24, 2023 — provisional 63/447,938 +1 more
Examiner
LOPEZ, MICHELLE
Art Unit
3731
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Covidien L.P.
OA Round
1 (Non-Final)
82%
Grant Probability
Favorable
1-2
OA Rounds
1y 10m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allowance Rate
917 granted / 1120 resolved
+11.9% vs TC avg
Moderate +12% lift
Without
With
+11.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
23 currently pending
Career history
1148
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
60.7%
+20.7% vs TC avg
§102
13.5%
-26.5% vs TC avg
§112
11.8%
-28.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1120 resolved cases

Office Action

§112
CTNF 19/158,326 CTNF 79786 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 application field on 08/20/25. Claims 1-20 are pending and have been examined. Information Disclosure Statement The information disclosure statement (IDS) submitted on 08/20/25 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Rejections - 35 USC § 112 07-30-02 AIA 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. 07-34-01 Claims 1-20 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. In claims 1 and 14, the limitations of “movable between a lowered position and a raised position” and “the locking member movable from the locked position to the unlocked position in response to movement of the knife from the lowered position to the raised position” render the claims indefinite in that the terms “raised position” and “lowered position” fail to provide boundaries as to when the knife is in either position. The claim does not identify the reference structure from which the knife is considered raised or lowered. It is unclear whether the positions are defined relative to the cartridge body, the tissue engaging surface, the knife slot, the actuation sled, the channel or another structure. Thereby, it cannot be determined when the knife has reached the claimed raised position capable of cause movement of the locking member from the locked to the unlocked position. In claim 20, the limitations of “movable between a lowered position and a raised position” renders the claim indefinite in that the terms “raised position” and “lowered position” fail to provide boundaries as to when the knife is in either position. The claim does not identify the reference structure from which the knife is considered raised or lowered. It is unclear whether the positions are defined relative to the cartridge body, the tissue engaging surface, the knife slot, the actuation sled, the channel or another structure. Allowable Subject Matter 07-43-01 AIA Claim s 1, 14 and 20 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), 2nd paragraph, set forth in this Office action. 07-43-02 AIA Claim s 2-13 and 15-19 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. 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. 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, Anna Kinsaul can be reached at (571) 270 - 1926. 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. /MICHELLE LOPEZ/ Primary Examiner, Art Unit 3731 Application/Control Number: 19/158,326 Page 2 Art Unit: 3731 Application/Control Number: 19/158,326 Page 3 Art Unit: 3731 Application/Control Number: 19/158,326 Page 4 Art Unit: 3731 Application/Control Number: 19/158,326 Page 5 Art Unit: 3731
Read full office action

Prosecution Timeline

Aug 20, 2025
Application Filed
Jun 04, 2026
Non-Final Rejection mailed — §112 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
82%
Grant Probability
94%
With Interview (+11.6%)
2y 9m (~1y 10m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1120 resolved cases by this examiner. Grant probability derived from career allowance rate.

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