Notice of 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 .
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.
(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(s) 21-39 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Alli et al. USPN 6,109,500 (hereinafter Alli).
Regarding claim 21, Alli discloses a surgical device (disposable loading unit 30), comprising: a first jaw; a second jaw (fig.3; anvil jaw 36 and cartridge jaw 34) and a firing beam (drive beam 162 and control rod 64) movable through a firing stroke, wherein the firing beam comprising: a body (162) comprising an angled lockout surface (drive block 168); a first cam (cam roller 180 moves along anvil jaw; col.9 lines 1-10) extending from the body and slidable along the first jaw; a second cam (retention foot 188) extending from the body and slidable along the second jaw (along cartridge jaw channel);
and a rocker mounted to the body (mounting lock 171 with drive block 168; col.9 lines 9-25), wherein the rocker is movable relative to the body between a locked position and an unlocked position, wherein, in the unlocked position, the rocker is movable with the firing beam through the firing stroke, and wherein, in the locked position, the rocker is positioned to transmit a blocking load directly to the angled lockout surface to prevent the firing stroke (col.12 lines 10-35 “Upon retraction of the drive beam 162, FIG. 15, lock 171 passes under projections 199 and rides over projection 195 until the distalmost portion of lock 171 is proximal to projection 195. U-shaped spring 193 biases lock 171 into juxtaposed alignment with projection 195, effectively disabling the disposable loading unit. If an attempt is made to reactuate the apparatus, the lock 171 will abut projection 195 and will inhibit distal movement of the drive beam 162”).
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Regarding claim 22, Alli discloses the surgical device of Claim 21, wherein the rocker is rotatable relative to the body between the locked position and the unlocked position (FIG. 3; lock 171 is pivotal about pin 177 relative to drive block 168; col.9 lines 9-15).
Regarding claim 23, Alli discloses the surgical device of Claim 22, wherein the rocker, in the unlocked position, is supported over a lockout region by a sled (140) of an unfired staple cartridge (34) removably installed in the first jaw (col.11 lines 34-52).
Regarding claim 24, Alli discloses the surgical device of Claim 23, wherein the lockout region comprises a lockout notch define in the first jaw (lock 171 passes under projections 199 interpreted as a lockout notch until biased into alignment with projection 195; col.12 lines 10-35).
Regarding claim 25, Alli discloses the surgical device of Claim 22, wherein the rocker is pivotable relative to the body about a fixed axis (FIG. 3; lock 171 is pivotal about pin 177 fixed axis, relative to drive block 168; col.9 lines 9-15).
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Regarding claim 26, Alli discloses the surgical device of Claim 22, wherein a pivot hole is defined in the body, and wherein the rocker is pivotably coupled to the firing beam at the pivot hole (FIG. 3,12a-c; lock 171 is pivotal about pin 177 through pivot hole bore 175 relative to drive block 168; col.9 lines 9-15).
Regarding claim 27, Alli discloses the surgical device of Claim 26, further comprising a pin positioned through the pivot hole, wherein the pivot hole is sized to provide a clearance around at least a portion of the pin (FIG. 3,12a-c; lock 171 is pivotal about pin 177 through pivot hole bore 175 relative to drive block 168; col.9 lines 9-15).
Regarding claim 28, Alli discloses the surgical device of Claim 21, wherein the body further comprises a knife edge (knife blade 174; col.9 lines 1-5).
Regarding claim 29, Alli discloses the surgical device of Claim 21, wherein the first cam comprises a longitudinal cam surface (cam roller 180), and wherein angled lockout surface is obliquely oriented relate to the longitudinal cam surface (col.9 lines 5-25).
Regarding claim 30, Alli discloses the surgical device of Claim 21, wherein the rocker further comprises a base (horizontal cams 189,191), and wherein the body further comprises a ramp surface positioned to abut the base in the locked position of the rocker (col.9 lines 15-25).
Regarding claim 31, Alli discloses a surgical stapler (disposable loading unit 30), comprising:
a cartridge jaw (34): an anvil jaw (36); and a beam head movably through a staple firing stroke the cartridge jaw and the anvil jaw (drive beam 162 and control rod 64), the beam head comprising: a cartridge cam (retention foot 188) comprising a longitudinal cam surface slidable along the cartridge jaw (along cartridge jaw channel); an anvil cam movable along the anvil jaw (cam roller 180 moves along anvil jaw; col.9 lines 1-10); a distal face comprising a lockout surface obliquely oriented relative to the longitudinal cam surface (drive block 168); and
a rocker movable relative to the distal face between a locked position and an
unlocked position (mounting lock 171 with drive block 168; col.9 lines 9-25), wherein, in the unlocked position, the rocker is movable with the beam head (162) through the staple firing stroke, and wherein, in the locked position, the rocker is positioned to transmit a blocking load directly to the lockout surface to prevent the staple firing stroke (col.12 lines 10-35 “Upon retraction of the drive beam 162, FIG. 15, lock 171 passes under projections 199 and rides over projection 195 until the distalmost portion of lock 171 is proximal to projection 195. U-shaped spring 193 biases lock 171 into juxtaposed alignment with projection 195, effectively disabling the disposable loading unit. If an attempt is made to reactuate the apparatus, the lock 171 will abut projection 195 and will inhibit distal movement of the drive beam 162”).
Regarding claim 32, Alli discloses the surgical stapler of Claim 31, wherein the rocker is rotatable relative to the distal face between the locked position and the unlocked position (FIG. 3; lock 171 is pivotal about pin 177 relative to drive block 168; col.9 lines 9-15).
Regarding claim 33, Alli discloses the surgical stapler of Claim 32, further comprising an unfired staple cartridge comprising a sled (140), wherein the rocker, in the unlocked position, is supported by the sled of the unfired staple cartridge (col.11 lines 34-52).
Regarding claim 34, Alli discloses the surgical stapler of Claim 33, wherein the cartridge jaw comprises a lockout notch, and wherein the rocker, in the unlocked position, is supported over the lockout notch by the sled of the unfired staple cartridge (lock 171 passes under projections 199 interpreted as a lockout notch until biased into alignment with projection 195; col.12 lines 10-35).
Regarding claim 35, Alli discloses the surgical stapler of Claim 32, wherein the rocker is pivotable relative to the beam head about a fixed axis (FIG. 3; lock 171 is pivotal about pin 177 fixed axis, relative to drive block 168; col.9 lines 9-15).
Regarding claim 36, Alli discloses the surgical stapler of Claim 32, wherein a pivot hole is defined in the beam head, and wherein the rocker is pivotably coupled to the beam head at the pivot hole (FIG. 3,12a-c; lock 171 is pivotal about pin 177 through pivot hole bore 175 relative to drive block 168; col.9 lines 9-15).
Regarding claim 37, Alli discloses the surgical stapler of Claim 36, further comprising a pin positioned through the pivot hole, wherein the pivot hole is sized to provide a clearance around at least a portion of the pin (FIG. 3,12a-c; lock 171 is pivotal about pin 177 through pivot hole bore 175 relative to drive block 168; col.9 lines 9-15).
Regarding claim 38, Alli discloses the surgical stapler of Claim 31, wherein the beam head further comprises a knife edge (knife blade 174; col.9 lines 1-5).
Regarding claim 39, Alli discloses the surgical stapler of Claim 31, wherein the rocker further comprises a base (horizontal cams 189,191), and wherein the beam head further comprises a ramp surface positioned to abut the base in the locked position of the rocker (col.9 lines 15-25).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARY C HIBBERT-COPELAND whose telephone number is (571)270-0601. The examiner can normally be reached M-TH 9am -5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna Kinsaul can be reached at 5712701926. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARY C HIBBERT-COPELAND/Examiner, Art Unit 3731
/VERONICA MARTIN/Primary Examiner, Art Unit 3731
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