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 9/25/2025.
Claims 1-20 are pending.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 9/24/2025 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, 8-9, 11, 18 and 20 are rejected under 35 U.S.C. 102(a)(1) as
being anticipated by Aranyi (US 20140263546).
With regard to claim 1, Aranyi discloses a surgical stapling apparatus (100), comprising: a handle assembly (102); an adapter assembly (104) having a proximal portion and a distal portion, the proximal portion of the adapter assembly coupled to the handle assembly; and a drive assembly including a flexible drive beam (103) and a working member (101), the flexible drive beam (103) having a distal portion secured to the working member (103), the working member having an I-shaped configuration (figs. 11&17) and movable between a drive retracted position and a drive advanced position; and a tool assembly (107) coupled to the distal portion of the adapter assembly (104) and positioned to receive the working member, the tool assembly including: an anvil assembly (111); and a cartridge assembly (110) pivotably supported in relation to the anvil assembly to facilitate movement of the tool assembly between an unclamped position and a clamped position, the cartridge assembly including a staple cartridge (112) and a channel member (114b), the staple cartridge (112) received within the channel member (114b), the staple cartridge including a cartridge body, staples (117a), an actuation sled (115), and a knife bar (105), the cartridge body (112) defining staple receiving pockets, the staples received within the staple receiving pockets (see fig.11), the actuation sled (115) movable from a sled retracted position to a sled advanced position to eject the staples from the cartridge body, the knife bar (105) movable with the actuation sled from a knife (105) retracted position to a knife advanced position, the channel member (114b) including a flexible knife guide (152) and defining a lockout groove (145), the flexible knife guide (152) configured to urge the working member toward the lockout groove (145) for selectively locking out the working member (101).
With regard to claim 8, Aranyi discloses a surgical stapling apparatus (100), wherein the anvil assembly (111) includes an anvil and an anvil cover (110), the anvil cover (110) including a second flexible knife guide (152 fig.18) that is configured to engage the working member (101) for selectively urging the working member in a proximal relief defined in the anvil (111).
With regard to claim 9, Aranyi discloses a surgical stapling apparatus (100), wherein the working member (101) includes a first beam (118a), a second beam (118b), and a vertical strut (118d fig.10) that extends between the first beam and the second beam, the first beam having an angled distal edge that cooperates with a camming tip of the second flexible knife guide (152).
With regard to claim 11, Aranyi discloses a tool assembly (see fig.11) for a surgical stapling apparatus (100, 200), the tool assembly defining a longitudinal axis and comprising: an anvil assembly (111) and a cartridge assembly (112) pivotably supported in relation to the anvil assembly (111) to facilitate movement of the tool assembly between an unclamped position and a clamped position, the cartridge assembly including a staple cartridge and a channel member (104), the staple cartridge received within the channel member, the staple cartridge including a cartridge body, staples, an actuation sled (115), and a knife bar (105) the cartridge body defining staple receiving pockets (see fig. 11), the staples (117a) received within the staple receiving pockets, the actuation sled (115) movable from a sled retracted position to a sled advanced position to eject the staples from the cartridge body, the channel member (104) including a flexible knife guide (152) and defining a lockout groove (145), the flexible knife guide (152) configured to urge a working member (101) of a drive assembly in a transverse direction across the longitudinal axis of the tool assembly and toward the lockout groove (145) for selectively locking out the working member (101).
With regard to claim 18, Aranyi discloses the tool assembly (fig.11), wherein the anvil assembly (111) includes an anvil and an anvil cover (110), the anvil cover including a second flexible knife guide (152) that is configured to engage the working member (101) for selectively urging the working member in a proximal relief defined in the anvil (111).
With regard to claim 20, Aranyi discloses a tool assembly (fig.11), comprising: an anvil assembly (110,111); and a cartridge assembly (112) pivotably supported in relation to the anvil assembly to facilitate movement of the tool assembly between an unclamped position and a clamped position, the cartridge assembly including a staple cartridge and a channel member, the staple cartridge received within the channel member (107), the staple cartridge including a cartridge body (112), staples (117a), an actuation sled (115), and a knife bar (103), the actuation sled movable from a sled retracted position to a sled advanced position to eject the staples from the cartridge body, the channel member (114b) including a knife guide (152) and defining a lockout groove (145), the knife guide being pivotably connected to the channel member and moveable in a transverse direction across a longitudinal axis of the tool assembly and toward the lockout groove (145) for preventing the tool assembly from firing.
Allowable Subject Matter
Claims 2-7, 10, 12-17 and 19 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 2, the art of record considered as a whole, lone or in combination, neither anticipates nor renders obvious the surgical stapling apparatus, wherein the knife bar includes a proximal finger that is selectively engageable with the working member to prevent the working member from engaging the lockout groove when the knife bar is disposed in a first predetermined position.
With respect to claim 6, the art of record considered as a whole, lone or in combination, neither anticipates nor renders obvious the surgical stapling apparatus, wherein the working member includes a locking tooth that extends distally from the working member and is receivable within the lockout groove.
With regard to claim 10, the art of record considered as a whole, lone or in combination, neither anticipates nor renders obvious the surgical stapling apparatus, wherein a proximal end portion of the channel member supports a proximal lockout assembly, and wherein the proximal lockout assembly includes a lockout bar and at least one spring supported on the lockout bar, the actuation sled configured to depress the lockout bar against the bias of the at least one spring to enable the working member to translate past the proximal lockout assembly.
With regard to claim 12, Aranyi discloses a tool assembly for a surgical stapling apparatus but fails to disclose or teach in combination, wherein the knife bar includes a proximal finger that is configured to selectively engage the working member to prevent the working member from engaging the lockout groove when the knife bar is disposed in a first predetermined position.
With respect to claim 16, the art of record considered as a whole, lone or in combination, neither anticipates nor renders obvious the tool assembly, wherein the lockout groove is configured to receive a locking tooth of the working member to prevent distal movement of the working member through the tool assembly.
With respect to claim 19, the art of record considered as a whole, lone or in combination, neither anticipates nor renders obvious the tool assembly, wherein a proximal end portion of the channel member supports a proximal lockout assembly, and wherein the proximal lockout assembly includes a lockout bar and at least one spring supported on the lockout bar, the actuation sled configured to depress the lockout bar against the bias of the at least one spring to enable the working member to translate past the proximal lockout assembly.
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
7/17/2026
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