DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-4,7,11,12,20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fernandes (U.S. 2021/0282770).
In regards to claim 1. Fernandes discloses a surgical stapling device (10) comprising: a mounting assembly (120) including a first mounting portion (170/172) and a second mounting portion (172/170) secured to the first mounting portion to define a channel (see at least paragraph 34 and element 181); a tool assembly (104) secured to the mounting assembly and including an anvil (114) and a cartridge assembly (116), the cartridge assembly including a staple cartridge and a channel (see at least paragraph 30 channel 118 cartridge 116), the channel having a proximal portion and a distal portion and defining a cavity (see at least paragraph 30 and 33), the staple cartridge supported within the cavity of the channel and including a cartridge body (156), an actuation sled (at least 132 and 162) assembly, staples, and pushers, the cartridge body defining a knife slot (See at least paragraph 33 and 35), and staple receiving pockets positioned on opposite sides of the knife slot (See at least paragraph 33 and 35), the staples received within the staple receiving pockets, the actuation sled assembly movable through the cartridge body from a sled retracted position to a sled advanced position into engagement with the pushers to eject the staples from the cartridge body (at least paragraph 33), the actuation sled assembly including an actuation sled having an abutment member (at least paragraph 33); a drive assembly (130) including a flexible drive beam and a working member (see at least paragraph 35), the drive assembly movable between a drive retracted position and a drive advanced position to move the actuation sled assembly from the sled retracted position to the sled advanced position, the flexible drive beam extending through the longitudinal channel of the mounting assembly and including a distal portion secured to the working member, the flexible drive beam including a stop surface (see at least paragraphs 35, 36); and a lockout assembly (at least 140) having a latch (200) and a biasing member (230), the latch pivotably secured to the mounting assembly and movable between a locked position and an unlocked position, the latch including a proximal portion and a distal portion, the proximal portion of the latch including a stop member and the distal portion of the latch including a finger and an actuator, the finger supporting the biasing member such that the biasing member is positioned between the mounting assembly and the latch to urge the latch towards the locked position, the actuator positioned to be engaged by the abutment member of the actuation sled as the actuation sled moves from the sled retracted position towards the sled advanced position to move the latch from the locked position to the unlocked position, wherein in the locked position, the stop member of the latch is aligned with the stop surface of the drive assembly (see at least fig. 8 and 9 and paragraph 39 ).
In regards to claim 2. Fernandes discloses The surgical stapling device of claim 1, wherein the actuation sled of the actuation sled assembly includes a central body portion (at least fig. 4), and the actuation sled assembly includes a knife (138a) that is supported on the central body portion of the actuation sled (132), the knife positioned to engage the working member (134) of the drive assembly as the drive assembly moves from the drive retracted position towards the drive advanced position to move the actuation sled assembly from the sled retracted position to the sled advanced position (see at least paragraph 35).
In regards to claim 3. Fernandes discloses The surgical stapling device of claim 2, wherein the knife is positioned proximally of the central body portion of the actuation sled.
In regards to claim 4. Fernandes discloses The surgical stapling device of claim 3, wherein a distance between the working member of the drive assembly and the central body portion of the actuation sled when the drive assembly is in the drive retracted position and the actuation sled assembly is in the sled retracted position is greater than a distance between the stop surface of the drive assembly and the stop member of the latch of the lockout assembly (see at least paragraph 36, 39, 40, 41).
In regards to claim 7. Fernandes discloses The surgical stapling device of claim 1, wherein the anvil is fixedly secured to the mounting assembly, and the cartridge assembly is pivotably secured to the mounting assembly and movable in relation to the anvil between the unclamped position and the clamped position (see at least fig. 4 and 6).
In regards to claim 11. Fernandes discloses The surgical stapling device of claim 4, wherein the actuation sled includes a base having a cutout positioned proximally of the central body portion of the actuation sled, the cutout positioned to receive the working member of the drive assembly when the drive assembly is moved from the drive retracted position towards the drive advanced position (illustrated in at least fig. 10 and 11).
In regards to claim 12. Fernandes discloses The surgical stapling device of claim 1, wherein the working member has an I-beam configuration (fig. 4) and includes a first beam (top portion of element 134), a second beam (bottom portion of 134), and a vertical strut (132) that interconnects the first beam and the second beam, the vertical strut including a distal surface that engages the knife of the actuation sled assembly when the drive assembly is moved from the drive retracted position towards the drive advanced position (see at least fig. 4).
In regards to claim 20. Fernandes discloses A surgical stapling device comprising: a mounting assembly (120); a tool assembly (104) secured to the mounting assembly and including an anvil (114) and a cartridge assembly (116), the cartridge assembly including a staple cartridge (116/164) and a channel (118), the channel having a proximal portion and a distal portion and defining a cavity (see at least fig. 4), the staple cartridge supported within the cavity of the channel and including a cartridge body (fig. 4 at least element 156), an actuation sled (162), staples (S), and pushers (164), the cartridge body defining a knife slot (see at least fig. 4 slot for knife 138 to travel through shown in center of cartridge), and staple receiving pockets positioned on opposite sides of the knife slot (fig. 4), and the staples received within the staple receiving pockets, the actuation sled movable through the cartridge body from a sled retracted position to a sled advanced position into engagement with the pushers to eject the staples from the cartridge body (see at least paragraph 33, 35); a drive assembly (paragraph 35) movable between a drive retracted position and a drive advanced position to move the actuation sled assembly from the sled retracted position to the sled advanced position (see at least paragraph 35), the drive assembly including a stop surface (133); and a lockout assembly (140) having a latch pivotably secured to the mounting assembly and movable between a locked position and an unlocked position (see at least paragraph 39), the latch including a proximal portion and a distal portion, the proximal portion of the latch including a stop member and the distal portion of the latch including an actuator, the actuator positioned to be engaged by the abutment member on the actuation sled as the actuation sled moves from the sled retracted position towards the sled advanced position to move the latch from the locked position to the unlocked position, wherein in the locked position, the stop member of the latch is aligned with the stop surface of the drive assembly (see at least paragraph 39, 40 and figs 4, and 5 ).
Allowable Subject Matter
Claims 5, 6, 8-10 and 13 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.
Claims 14-19 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: The prior art fails to disclose or suggest the combination of surgical tool assembly with the lockout feature as claimed. Specifically the lockout feature while also having a knife which is connected to the staple sled is not known in the art. The closest prior art to the claimed application is Fernandes U.S. 2021/0282770 which teaches a lockout assembly and surgical tool similar to that of the claimed invention however does not disclose the knife attached to the staple pusher as claimed or the specific mounting features as claimed in relation to the lockout feature.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LUCAS E A PALMER whose telephone number is (303)297-4779. The examiner can normally be reached Monday -Thursday 8am-6pm PT.
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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.
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/Lucas E. A. Palmer/Primary Examiner, Art Unit 3731
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