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 10/27/2025.
Claims 1-20 are pending.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/27/2025
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 § 112
4. 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.
Claims 1-20 are 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.
Claims 10 and 17 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential structural cooperative relationships of elements, such omission amounting to a gap between the necessary structural connections. See MPEP § 2172.01. The omitted structural cooperative relationships are: what device/member "receives indication" (i.e. a sensor), what is the structural member/connection that is "associated with
application of force"? How is the motor structurally linked to the function
"application of force"? How is the staple inserted into tissue? How does the
anvil compress tissue? Also, the phrase "configured to determine to control" is unclear if "determine" is actually happening or if it is only capable of happening. Examiner is interpreting the claims to be directed to a surgical stapler that sense/detects compressive forces and staple forces when a staple is formed by compressing the anvil and cartridge and forces on tissue being clamped. How is the surgical staple inserted into the tissue? The term "configuration data" in claim 17 is a relative term which renders the claim indefinite. The term "configuration data" is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be
reasonably apprised of the scope of the invention. What is configuration
data? "Configuration" is not limited to any particular amount/function,
arrangement, or structure.
Claim 10 recites "the tissue" in lines 4 and 6. There is insufficient antecedent basis for this limitation in the claim.
Claim 17 recites "the tissue" in lines 7 and 9. There is insufficient antecedent basis for this limitation in the claim.
Claim Objections
Claims 1 and 5-7 objected to because of the following informalities:
In claim1, lines 7 and 10 respectively, “a surgical staple” needs to be --the surgical staple--.
In claim 5, line 2, “a first force” needs to be --the first force--.
In claim 5, line 4, “a surgical staple” needs to be --the surgical staple--.
In claim 6, line 2, first and second occurrence “an indication” needs to be --the indication--.
In claim 7, line 3, “an indication” needs to be --the indication--; “a force applied” needs to be --the force applied--. Appropriate correction is required.
Allowable Subject Matter
Claims 1-20 would be allowable if rewritten or amended to overcome the
rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, and the objections set forth in this Office action.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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
6/26/2026
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