DETAILED ACTION
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 .
Examiner’s Comments
This office action is in response to the application filed on 9/5/2025.
Claims 1-22 are pending.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 9/5/2025 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 § 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2, 4-5, 8-15, 17-19 and 21 are rejected under 35 U.S.C.
102(a)(1) as being anticipated by Williams (US 20220387024).
With regard to claim 1, Williams discloses a tool assembly (fig.5) for a staple stapling device (10 fig.1), the tool assembly comprising: a drive assembly (92) including a working member (96) having an I-shape and including a first beam (100), a second beam (102), and a vertical strut (104) connecting the first beam with the second beam, the vertical strut (104) defining a cam slot (108), the drive assembly (92) movable between a drive retracted position and a drive advanced position; an anvil (32); and a cartridge assembly (34) including a channel (40) defining a cavity (48), a compliant member (64), and a staple cartridge (42) that is releasably received within the cavity of the channel (40), the compliant member (64) positioned between the staple cartridge (42) and the channel (40) to facilitate movement of the staple cartridge (42) within the cavity (48) between a cartridge raised position and a cartridge lowered position, the staple cartridge (42) including: a cartridge body defining a knife slot (52) and staple receiving pockets (54), the staple receiving pockets positioned on opposite sides of the knife slot (52); staples received within the staple receiving pockets of the cartridge body; and an actuation sled assembly (66) movable within the cartridge body (50) from a sled retracted position to a sled advanced position, the actuation sled assembly (66) including: an actuation sled (66) having a base portion, a central body portion (see fig.10) extending upwardly from the base portion, and cam members (100, 102) positioned on opposite sides of the central body portion (fig.10), the central body portion of the actuation sled defining a linear guide channel (106,108) defining an axis that is transverse to a longitudinal axis of the tool assembly; and a knife (68) supported on the central body portion of the actuation sled and movable between a lowered position and a raised position, the knife (68) including a first portion received within the linear guide channel of the actuation sled (66), a cutting blade (82), and a cam member (84), the cam member (84) received within the cam slot (106) of the vertical strut (104) of the working member (96) of the drive assembly (92) when the drive assembly is moved from the drive retracted position towards the drive advanced position to move the knife (68) from the lowered position to the raised position (figs.13 & 14).
With regard to claim 2, Williams discloses a tool assembly (fig.5), wherein the knife (68) supports a detent (90), and the actuation sled (66) includes an abutment (76) that is engaged with the detent (90) when the knife (68) is in the lowered position to retain the knife in the lowered position (see fig.13).
With regard to claim 4, Williams discloses a tool assembly (fig.5), wherein the central body portion (fig.10) of the actuation sled (66) is movable through the knife slot (52) of the cartridge body (50).
With regard to claim 5, Williams discloses a tool assembly (fig.5), wherein the staple cartridge (42) further includes a staple guard (64) secured to a bottom of the cartridge body (50), the staple guard having a bottom wall engaged with the base portion of the actuation sled (66).
With regard to claim 8, Williams discloses a tool assembly (fig.5), wherein the base portion of the actuation sled (66) defines a proximal cutout that is configured to receive the working member (96) of the drive assembly (92) when the drive assembly is moved from the drive retracted position towards the drive advanced position.
With regard to claim 9, Williams discloses a tool assembly (fig.5), wherein the cam member (84) of the knife (68) is positioned over the cutout (106,108) when the actuation sled assembly (66) is in the sled retracted position.
With regard to claim 10, Williams discloses a tool assembly (fig.5), wherein the vertical strut (104) of the working member (96) includes a distal surface that defines a recess, the cutting blade (82) at least partially received within the recess during movement of the drive assembly (92) from the drive retracted position towards the drive advanced position.
With regard to claim 11, Williams discloses a tool assembly (fig.5), wherein the knife (68) includes a central portion (see fig.10) that defines a cavity (48), and the actuation sled (66) includes spaced vertical walls that are received within the cavity (48) of the central portion of the knife (68) to confine the knife to linear movement as the knife moves between the raised and lowered positions.
With regard to claim 12, Williams discloses a tool assembly (fig.5), wherein the vertical strut (104) includes a first cam surface positioned on a first side of the cam slot (108) and a second cam surface positioned on a second side of the cam slot (108), the first cam surface and the second cam surface configured to direct the cam member (84) of the knife into the cam slot (108).
With regard to claim 13, Williams discloses a tool assembly (fig.5), wherein the first cam surface is positioned to engage the cam member (84) when the staple cartridge (50) is positioned in the cartridge lowered position within the cavity (48) of the channel and the second cam surface is positioned to engage the cam member (96) when the staple cartridge (42) is positioned in the cartridge raised position within the cavity (48) of the channel (40).
With regard to claim 14, Williams discloses a surgical stapling device (10) comprising: a handle assembly (12); an elongate body (14) having a proximal portion and a distal portion, the proximal portion coupled to the handle assembly; a drive assembly (92) at least partially received within the elongate body (14), the drive assembly (92) including a working member (96) having an I-shape (see fig.14) and including a first beam (100), a second beam (102), and a vertical strut (104) connecting the first beam (96) with the second beam (102), the vertical strut (104) defining a cam slot (108), the drive assembly (92) movable between a drive retracted position and a drive advanced position; and a tool assembly (fig.3) supported on the distal portion of the elongate body (14), the tool assembly defining a longitudinal axis and including an anvil (32) and a cartridge assembly (34), the cartridge assembly including a channel (40) defining a cavity (see fig.4) and a staple cartridge (42) that is releasably received within the cavity (see fig.4) of the channel (40), the staple cartridge including: a cartridge body (50) cartridge body defining a knife slot (52) and staple receiving pockets (54), the staple receiving pockets positioned on opposite sides of the knife slot; staples (60) received within the staple receiving pockets of the cartridge body; and an actuation sled assembly (66) movable within the cartridge body (50) from a sled retracted position to a sled advanced position to eject staples (60) from the cartridge body of the staple cartridge, the actuation sled assembly including: an actuation sled (66) having a base portion, a central body portion extending upwardly from the base portion, and cam members (100, 102) positioned on opposite sides of the central body portion, the central body portion of the actuation sled defining a linear guide channel defining an axis that is transverse to the longitudinal axis of the tool assembly; and a knife (68) supported on the central body portion of the actuation sled and movable between a lowered position and a raised position, the knife including a first portion received within the linear guide channel (106,108) of the actuation sled (see fig.9), a cutting blade (82), and a cam member (100), the cam member received within the cam slot (32a) of the vertical strut (104) of the working member (96) of the drive assembly (92) when the drive assembly is moved from the drive retracted position towards the drive advanced position to move the knife from the lowered position to the raised position.
With regard to claim 15, Williams discloses a surgical stapling device (fig.1), wherein the knife (68) includes a detent (90), and the actuation sled (66) includes a resilient arm (76) that supports an abutment (78), the abutment is engaged with the detent (90) when the knife (68) is in the lowered position to retain the knife in the lowered position.
With regard to claim 17, Williams discloses a surgical stapling device (fig.1), wherein the base portion of the actuation sled (66) defines a proximal cutout (the flexible beam 96 has a proximal portion (not shown) that is coupled to a drive member ([Par 0055]) that is configured to receive the working member of the drive assembly when the drive assembly (92) is moved from the drive retracted position towards the drive advanced position.
With regard to claim 18, Williams discloses a surgical stapling device (fig.1), wherein the cam member (100, 102) of the knife (68) is positioned over the cutout when the actuation sled assembly is in the sled retracted position.
With regard to claim 19, Williams discloses a surgical stapling device (fig.1), wherein the vertical strut (104) of the working member (96) includes a distal surface that defines a recess (106,108), the cutting blade at least partially received within the recess during movement of the drive assembly from the drive retracted position towards the drive advanced position.
With regard to claim 21, Williams discloses a staple cartridge (42) comprising: a cartridge body (50) defining a knife slot (52) and staple receiving pockets, the staple receiving pockets (54 fig.5) positioned on opposite sides of the knife slot; staples received within the staple receiving pockets of the cartridge body (50); and an actuation sled assembly (66) movable within the cartridge body (50) from a sled retracted position to a sled advanced position to eject staples (60) from the cartridge body of the staple cartridge, the actuation sled assembly (66) including: an actuation sled (66) having a base portion, a central body portion extending upwardly from the base portion, and cam members (100, 102) positioned on opposite sides of the central body portion, the central body portion of the actuation sled (66) defining a linear guide channel (74a) defining an axis that is transverse to the longitudinal axis of the tool assembly; and a knife (68) supported on the central body portion of the actuation sled and movable between a lowered position and a raised position, the knife (68) including a first portion received within the linear guide channel (74a) of the actuation sled (66), a cutting blade, and a cam member, the cam member being positioned on a proximal portion of the knife (68).
Claim Rejections - 35 USC § 103
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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 6-7, 16 and 22 are rejected under 35 U.S.C. 103 as being
unpatentable over Williams in view of Laurent et al. (US 10314577) hereinafter (Laurent).
With regard to claim 6, Williams discloses a tool assembly (fig.5), the bottom wall of the staple guard (64) except for, a resilient tab, and the base portion of the actuation sled defines a recess, the resilient tab of the staple guard received within the recess of the actuation sled when the actuation sled assembly is in the sled advanced position to retain the actuation sled assembly in the sled advanced position. Laurent teaches a tool assembly (fig.32E) including a resilient tab (210), and the base portion of the actuation sled defines a recess, the resilient tab of the staple guard received within the recess of the actuation sled (280) when the actuation sled assembly is in the sled advanced position to retain the actuation sled assembly in the sled advanced position. In view of Laurent teachings, it would have been obvious to one having ordinary skill in the art at the time of filing to modify Williams tool assembly by providing the resilient tab in order to knife member from advancing distally without a loaded staple cartridge (col. 18, lines 33-34).
With regard to claim 7, modified Williams discloses the tool assembly (fig.5), wherein the cam slot (32a) is configured to move the knife from the raised position to the lowered position when the drive assembly (92) is moved from the drive advanced position back to the drive retracted position.
With regard to claim 16, Williams discloses a surgical stapling device, wherein the staple cartridge (42) further includes a staple guard secured (64) to a bottom of the cartridge body (50), the staple guard having a bottom wall engaged with the base portion of the actuation sled (66), and wherein the bottom wall of the staple guard (64) except for a resilient tab, and the base portion of the actuation sled defines a recess, the resilient tab of the staple guard received within the recess of the actuation sled when the actuation sled assembly is in the sled advanced position to retain the actuation sled assembly in the sled advanced position.
Laurent teaches a tool assembly (fig.32E) including a resilient tab (210), and the base portion of the actuation sled defines a recess, the resilient tab of the staple guard received within the recess of the actuation sled (280) when the actuation sled assembly is in the sled advanced position to retain the actuation sled assembly in the sled advanced position. In view of Laurent teachings, it would have been obvious to one having ordinary skill in the art at the time of filing to modify Williams tool assembly by providing the resilient tab in order to knife member from advancing distally without a loaded staple cartridge (col. 18, lines 33-34).
With regard to claim 22, Williams discloses a staple cartridge (42), wherein the staple cartridge (42) further includes a staple guard (64) secured to a bottom of the cartridge body (50), the staple guard having a bottom wall engaged with the base portion of the actuation sled (66), and wherein the bottom wall of the staple guard except for a resilient tab, and the base portion of the actuation sled defines a recess, the resilient tab of the staple guard received within the recess of the actuation sled when the actuation sled assembly is in the sled advanced position to retain the actuation sled assembly in the sled advanced position.
Laurent teaches a tool assembly (fig.32E) including a resilient tab (210), and the base portion of the actuation sled defines a recess, the resilient tab of the staple guard received within the recess of the actuation sled (280) when the actuation sled assembly is in the sled advanced position to retain the actuation sled assembly in the sled advanced position. In view of Laurent teachings, it would have been obvious to one having ordinary skill in the art at the time of filing to modify Williams tool assembly by providing the resilient tab in order to knife member from advancing distally without a loaded staple cartridge (col. 18, lines 33-34).
Allowable Subject Matter
Claim 3 and 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.
The following is a statement of reasons for the indication of allowable subject matter:
With respect to claim 3, Williams discloses a tool assembly but fails to disclose or teach in combination, wherein the actuation sled includes a resilient arm, and the abutment is supported on the resilient arm, the resilient arm facilitating movement of the abutment from a first position to a second position to allow the knife to move between the lowered position and the raised position.
With regard to claim 20, Williams discloses a surgical stapling device, but fails to disclose or teach in combination, wherein the knife includes a central portion that defines a cavity, and the actuation sled includes spaced vertical walls that are received within the cavity of the central portion of the knife to confine the knife to linear movement as the knife moves between the raised and lowered positions.
Conclusion
Refer to attachment for notice of references cited and recommended for
consideration based on their disclosure of limitations of the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHANIEL C. CHUKWURAH whose telephone number is (571)272-4457. The examiner can normally be reached M-F & T-F 7-4:30 IFP.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna Kinsaul can be reached at 571-260-1926. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NATHANIEL C CHUKWURAH/Primary Examiner, Art Unit 3731
7/15/2026
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