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 .
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.
Claim 20 is rejected under 35 U.S.C. 102(a)(1)(a)(2) as being anticipated
by Bakos et al. (US 202002610831) hereinafter (Bakos).
With regard to claim 1, Bakos discloses a cartridge assembly (4200) comprising: a channel (6010) defining a longitudinal axis and including a first side wall (6020), a second side wall (6020), and a bottom wall (see fig.27), the first side wall, the second side wall, and the bottom wall defining a cavity (as seen in fig. 27), the bottom wall defining a first knife slot (see fig.5); a spring arm (6300) having a distal portion secured to the first side wall (6020) of the channel (fig.28) and a proximal portion, the spring arm (6300) movable between a non-deformed state in which the proximal portion of the spring arm (6300) extends into the cavity of the channel (6010) and a deformed state in which the proximal portion of the spring arm (6300) is positioned along the first side wall (6020) of the channel (6010); and a staple cartridge (4200) releasably received within the cavity of the channel (6010), the staple cartridge including a cartridge body (4202), staples (Par 0231), and an actuation sled (4230), the cartridge body (4202) defining a second knife slot (4206) and staple receiving pockets (4208) positioned on opposite sides of the second knife slot (4206), the second knife slot longitudinally aligned with the first knife slot (on the channel 6010), the actuation sled (4230) movable within the cartridge body (4202) from a sled retracted position to a sled advanced position to eject the staples from the cartridge body, wherein the cartridge body (4202)of the staple cartridge includes a proximal wall that is movable from a non-deformed state to a deformed state to close a proximal end of the second knife slot (4206), and the spring arm (6300) is engaged with the proximal portion of the cartridge body (4202) to urge the proximal wall of the cartridge body towards the deformed state.
Allowable Subject Matter
Claims 1-19 are allowed the prior art of record.
The following is a statement of reasons for the indication of allowable subject matter:
With respect to claims 1 and 14, the combination of the structural elements recited in claims 1 and 14 is what make the claimed subject matter allowable over the prior arts of record.
The art of record considered as a whole, lone or in combination, neither anticipates nor renders obvious a tool assembly including, a spring arm having a distal portion secured to the first side wall of the channel and a proximal portion, the spring arm movable between a non-deformed state in which the proximal portion of the spring arm extends into the cavity of the channel and a deformed state in which the proximal portion of the spring arm is positioned along the first side wall of the channel; and a first lockout member supported on the anvil and engaged with the spring arm, the first lockout member movable, in response to movement of the spring arm from the non-deformed state to the deformed state, between a locked position in which the first lockout member extends at least partially across the third knife slot and an unlocked position in which the first lockout member is spaced from the third knife slot.
The prior art of record (US 20200261083) discloses a spring arm and a lockout member on the cartridge channel, and not as claimed; and (US 9655616) discloses a spring arm and a lockout member positioned on the cutout portion of the anvil, however, the disclosed elements do not meet the limitations as in the claims of the present invention.
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
6/9/2026
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