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 .
This action is in response to the documents received June 9, 2025 and the preliminary amendment received on August 21, 2025.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 20 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 20 recites the limitation "the sensor" in line 2. There is insufficient antecedent basis for this limitation in the claim.
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.
Claims 16-19, 21-23 and 25-28 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by BOUDREAUX et al. (US 2021/0186498).
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Diagram I
In reference to claim 16, figure 87 of BOUDREAUX et al. discloses a surgical stapling assembly 37200 including a first jaw 36220 and a second jaw 36230, a staple cartridge 37400 having a cartridge body 37420 supported within the first jaw 36220, the cartridge body 37420 comprising: a longitudinal slot extending through a deck surface of the cartridge body 37420, the longitudinal slot configured to receive at least a portion of a knife 37450 therethrough during a fire stroke; a plurality of staple cavities (see Diagram I above) defined in the deck surface, a plurality of staples 37410 removable stored therein; a sled 37730 movable longitudinally through the cartridge body 37420 to eject the plurality of staples 37410 from the staple cavities; and a longitudinally translatable support 37720 positioned within the longitudinal slot and configured to transfer clamping pressure (paragraph [0614]) via top cam 37729 from second jaw 36230 to the first jaw 36220.
Regarding claim 17, paragraph [0617] of BOURDREAUX et al. discloses the top cam 37729 of the longitudinal translatable support 37720 pre-positioned within a high-load zone of the firing stroke prior to the firing stroke.
With respect to claim 18, BOURDREAUX et al. further discloses the longitudinal translatable support 37720 pushed distally by the sled 37740.
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Diagram II
In reference to claim 19, figure 8 and paragraph [0605] of BOURDREAUX et al discloses an embodiment of a surgical stapling assembly comprising a sled 1730 movable longitudinally through a longitudinal slot of a cartridge body to eject staples therefrom; and a longitudinally translatable support (see Diagram II above) having a sensor (e.g. RFID tag).
Regarding claims 21 and 23, figure 87 of BOUDREAUX et al. discloses a surgical stapling assembly 37200 having a cartridge body 37420 comprising: a longitudinal slot extending through a deck surface of the cartridge body 37420, the longitudinal slot configured to receive at least a portion of a knife 37450 therethrough during a fire stroke; a plurality of staple cavities (see Diagram I above) defined in the deck surface, a plurality of staples 37410 removable stored therein; a sled 37730 movable longitudinally through the cartridge body 37420 to eject the plurality of staples 37410 from the staple cavities; and a cartridge support column 37720 positioned within the longitudinal slot and configured to transfer a clamping load (paragraph [0614]) via top cam 37729 through the cartridge body 37420 as the sled 37730 pushes the cartridge support column 37720 through the longitudinal slot.
With respect to claim 22, figure 87 of BOUDREAUX et al. discloses a surgical stapling assembly 37200 having a cartridge body 37420 comprising: a longitudinal slot extending through a deck surface of the cartridge body 37420, the longitudinal slot configured to receive at least a portion of a knife 37450 therethrough during a fire stroke; a plurality of staple cavities (see Diagram I above) defined in the deck surface, a plurality of staples 37410 removable stored therein; a sled 37440 movable longitudinally through the cartridge body 37420 to eject the plurality of staples 37410 from the staple cavities; and a cartridge support column 37720 positioned in a spaced pre-position from the sled 37440 within the longitudinal slot and configured to transfer a clamping load (paragraph [0614]) via top cam 37729 through the cartridge body 37420 as the cartridge support column 37720 moves through the longitudinal slot.
In reference to claims 25-28, BOURDREAUX et al. further discloses the sled (I; see Diagram III below) having a shoulder that supports a proximally extending protrusion of the support column such that the shoulder is nestably interlocked with the protrusion during a portion of the firing stroke; and the sled further having a wedge with a distal end, the support column positioned proximal to the distal end.
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Diagram III
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.
Claims 20 and 24 are rejected under 35 U.S.C. 102(a)(1) as being unpatentable over BOUDREAUX et al. (US 2021/0186498) in view of ESCHBACH (US 2021/0212681).
In reference to claim 20, figure 8 and paragraph [0605] of BOURDREAUX et al discloses an embodiment of a surgical stapling assembly comprising a sled 1730 movable longitudinally through a longitudinal slot of a cartridge body to eject staples therefrom; and a longitudinally translatable support (see Diagram II above) having a sensor (e.g. RFID tag). BOURDREAUX et al. does not disclose the sensor having a closed circuit as claimed.
ESCHBACH teaches a surgical stapling assembly comprising a sled movable longitudinally through a longitudinal slot of a cartridge body to eject staples therefrom; and a longitudinally translatable support 317 configured to exert a load on an anvil during a clamped position, wherein a sensor can be positioned on a surface 318 of the support (figure 4B; paragraph [0064]) that contacts tissue in the clamped position (paragraphs [0051-0052]) such that a closed circuit is established to detect a clamp load. It would have been obvious to one having ordinary skill in the art at the time of filing the invention to have modified the sensor of BOURDREAUX et al. to complete/close a circuit upon clamping of the surgical stapling assembly since paragraph [0007] of ESCHBACH suggests that such a modification allows effective control of the surgical stapling assembly for the purpose of preventing damage to both the assembly and tissue clamped therebetween.
Regarding claim 24, figure 8 and paragraph [0605] of BOURDREAUX et al discloses an embodiment of a surgical stapling assembly comprising a sled 1730 movable longitudinally through a longitudinal slot of a cartridge body to eject staples therefrom; and a cartridge support column (see Diagram II above) having a sensor (e.g. RFID tag) that monitors the position of the support column. BOURDREAUX et al. does not disclose the sensor configured to measure a clamping force.
ESCHBACH teaches a surgical stapling assembly comprising a sled movable longitudinally through a longitudinal slot of a cartridge body to eject staples therefrom; and a longitudinally translatable support 317 configured to exert a load on an anvil during a clamped position, wherein a force sensor can be positioned on a surface 318 of the support (figure 4B; paragraph [0064]) that contacts tissue in the clamped position (paragraphs [0051-0052]) such that a closed circuit is established to detect a clamp load. It would have been obvious to one having ordinary skill in the art at the time of filing the invention to have modified the sensor of BOURDREAUX et al. to detect a force/load upon clamping of the surgical stapling assembly since paragraph [0007] of ESCHBACH suggests that such a modification allows effective control of the surgical stapling assembly for the purpose of preventing damage to both the assembly and tissue clamped therebetween.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Refer to the attached PTO-892 for a notice of references cited and recommended for consideration based on their disclosure of limitations related to the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GLORIA R WEEKS whose telephone number is (571)272-4473. The examiner can normally be reached M-F 8am-2pm & 5pm-7pm EST.
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/GLORIA R WEEKS/Primary Examiner, Art Unit 3731
March 23, 2026