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) 1,2, 4, 17, 18, 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Valentine (U.S. 2021/0346026)
In regards to claim 1. Valentine discloses A surgical instrument for treating a tubular organ of a patient (fig. 1), the surgical instrument comprising:
a shaft assembly (340) having a distal end portion (end where section 16 is) and a proximal end portion (portion with handle assembly 20);
a stapling assembly (at least 16 and 48) disposed at the distal end portion of the shaft assembly and comprising a circumferential side wall (16) having a distal edge to define a staple line (48 see at least paragraph 35 and 36);
a trocar (500) disposed at the distal end portion of the shaft assembly (see at least fig. 2) and operably movable relative to the stapling assembly along an axis of the stapling assembly between an extended position and a retracted position (see at least paragraph 33, 37 and 38), wherein a distal tip portion of the trocar is exposed distally relative to the distal edge of the stapling assembly when the trocar is in the extended position and concealed proximally relative to the distal edge of the stapling assembly when the trocar in the retracted position (see at least fig. 2 and paragraph 37); and
one or more light sources (250/550 see fig. 2) for emitting light that is able to transmit through a wall of the tubular organ of the patient (see at least paragraph 33, 41, 43), thereby allowing a user of the surgical instrument to locate the trocar, the distal edge of the stapling assembly or both in the tubular organ of the patient by detecting light transmitted through the wall of the tubular organ (see at least paragraph 33, 41, and 43).
In regards to claim 2. Valentine discloses The surgical instrument of claim 1, wherein the one or more light sources comprise at least one optic fiber, at least one LED (paragraph 20), a polymer containing a near infrared fluorescent material, or any combination thereof.
In regards to claim 4. Valentine discloses The surgical instrument of claim 1, wherein at least one light source in the one or more light sources is operable to flash, change color, change intensity or any combination thereof (see at least paragraph 33, 41, and 43 the light changes intensity).
In regards to claim 17. Valentine discloses The surgical instrument of claim 1, further comprising: an anvil removably attached to the trocar (see at least fig. 2).
In regards to claim 18. Valentine discloses The surgical instrument of claim 17, wherein at least one light source in the one or more light sources changes color, changes intensity, flashes, or any combination thereof when the anvil is properly attached to the trocar (see at least paragraph 33, 41, and 43).
In regards to claim 20. Valentine discloses The surgical instrument of claim 1, further comprising: a handle assembly (20) disposed at the proximal end portion of the shaft assembly (fig. 1) for operating the stapling assembly, the trocar, the one or more light sources, or any combination thereof (see at least paragraph 34, 36, 38).
Claim Rejections - 35 USC § 103
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.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Valentine (U.S. 2021/0346026) in view of Fontenot (U.S. 2002/0099293).
In regards to claim 3. Valentine discloses The surgical instrument of claim 1, Valentine does not discloses wherein at least one light source in the one or more light sources emits light in a near-infrared light range.
Fontenot teaches at least one light source in the one or more light sources emits light in a near-infrared light range (see at least paragraph 39).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to substitute the light source of Valentine with the Infrared light source of Fontenot. Fontenot teaches that NIR light sources can be used for this situation and provide advantages as listed in paragraph 49 one of ordinary skill in the art would have found it obvious to substitute one for the other to accomplish the same function of illumination of the area.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Valentine (U.S. 2021/0346026) in view of Kollar (U.S. 2020/0367891)
In regards to claim 19. Valentine discloses The surgical instrument of claim 18, Valentine does not discloses further comprising: a sensor or a switch configured to detect the attachment of the anvil to the trocar.
Kollar teaches a sensor or a switch configured to detect the attachment of the anvil to the trocar (see at least paragraph 369 and 372).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Valentine and Kollar such that a sensor is used to detect connection between the trocar and the anvil. This would work in addition to the light of Valentine such that if the light is not visible a sensor can be used to provide reliable indication of the connection between the anvil and the trocar as noted in Kollar in at least paragraph 372 and 369
Allowable Subject Matter
Claims 5-16 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.
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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