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 application filed on 11/26/25.
Claims 2-21 are pending and have been examined.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 02/18/26 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
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) 2, 4-5, 10, 13-21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hessler et al. (2014/0252065).
Regarding claim 2, Hessler discloses a stapler reload assembly comprising: a cartridge body (63) defining a housing configured to receive staples (Figs. 4-5), the cartridge body configured to be received in a jaw of a stapler instrument (Fig. 21; par. 9), the cartridge body having a longitudinal dimension and a lateral dimension (Fig. 5), the cartridge body comprising: a first side comprising a plurality of staple apertures (67; Fig. 5) configured to eject staples housed in the cartridge body, a second side (i.e. bottom portion near drivers 58), opposite the first side, a central recess (53; Fig. 5) in the first side and extending along the longitudinal dimension; and a staple retainer (80) removably coupled to the first side of the cartridge body, the staple retainer comprising: a staple retainer body (Fig. 5) extending along the longitudinal dimension of the cartridge body and covering the plurality of staple apertures (Figs. 1 and 4), and a septum (94a; Fig. 6A) extending from the staple retainer body and into the central recess of the cartridge body (Figs. 7-9), wherein mechanical interference between the septum (via protrusions 87a) and the cartridge body resists removal of the staple retainer from the cartridge body.
Regarding claim 4, Hessler discloses wherein the cartridge body comprises a pair of legs extending along the longitudinal dimension and defining the central recess (as best shown in Fig. 5).
Regarding claim 10, Hessler discloses a cover (47; Fig. 13) removably coupled to the second side of the cartridge body.
Regarding claim 13, Hessler discloses wherein the cover (47) comprises one or more engagement feature (62; Fig. 13) configured to releasably engage complementary engagement features of the staple retainer body.
Regarding claim 14, Hessler discloses a stapler reload assembly comprising: a cartridge body (63) defining a housing configured to receive staples, the cartridge body configured to be received in a jaw of a stapler instrument (Fig. 21), the cartridge body having a longitudinal dimension and a lateral dimension, the cartridge body comprising: a first side (deck) comprising a plurality of staple apertures (67) configured to eject staples housed in the cartridge body, and a second side (i.e. bottom side), opposite the first side; and a staple retainer (80) removably coupled to the first side of the cartridge body, the staple retainer comprising: a staple retainer body extending along the longitudinal dimension of the cartridge body and covering the plurality of staple apertures (Figs. 4-5), and a pair of retention features (tabs 83; Fig. 6) on the staple retainer body, the pair of retention features (83) respectively engaging with the cartridge body on opposite lateral sides of the cartridge body (Figs. 7-9), wherein in an engaged state with the cartridge body, the pair of retention features resist removal of the staple retainer from the first side of the cartridge body, and wherein the pair of retention features are laterally outwardly moveable so as to permit removal of the stapler retainer from the cartridge body (pars. 10 and 51-52).
Regarding claims 15-20, Hessler discloses wherein the pair of retention features (83) comprise a pair of projections (89; Fig. 7) extending transverse to the longitudinal dimension of the staple retainer body; wherein the pair of projections (89) engage with a pair of wings (68) extending laterally outwardly from the cartridge body (Fig. 7); wherein the pair of projections are movable outwardly to at least partially clear the pair of wings, respectively (the projections are bendable; pars. 10 and 51-52); wherein, in a state the cartridge body received in the jaw of a stapler instrument, each of the pair of wings is configured to at least partially overhang the jaw (as shown in Figs. 7-9); wherein each of the pair of projections comprises a surface profile comprising a ramped portion and a stepped portion (Fig. 7).
Regarding claim 21, Hessler discloses wherein the cartridge body comprises a central recess (53) in the first side and extending along the longitudinal dimension, wherein the staple retainer comprises a septum (94, 94a) extending from the staple retainer body and into the central recess of the cartridge body (Figs. 6-6A), and wherein mechanical interference (89a) between the septum and the cartridge body resists removal of the staple retainer from the cartridge body.
Allowable Subject Matter
Claims 3, 6-9 and 11-12 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:
Claim 3 is not anticipated or deemed obvious over the prior art in which the claimed invention of the mechanical interference is between a laterally outwardly extending tab of the septum and a flange on the cartridge body projecting laterally into the central recess.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The most pertinent prior art issue to Hessler discloses a mechanical interference between an interior wall of the cartridge central recess and protrusion (89a) of the septum, but fails to disclose wherein the mechanical interference is between a laterally outwardly extending tab of the septum and a flange on the cartridge body projecting laterally into the central recess.
Claim 6 is not anticipated or deemed obvious over the prior art in which the claimed invention of the septum is laterally deflectable. Hessler teaches wherein the stapler retainer (80) comprises flexible tabs (83), but fails to disclose a septum extends from the staple retainer body and into the central recess of the cartridge body and is laterally deflectable. The combinations of the claimed limitations are novel and found to be allowable over prior art. The cited references taken singly or in combination do not anticipate or make obvious the Applicant’s claimed invention.
Claim 11 is not anticipated or deemed obvious over the prior art in which the claimed invention of a cover removably coupled to the second side of the cartridge body comprises a fin extending into the central recess of the cartridge body.
The references listed on the attached form (PTO-892) are cited to show portable driver devices. All are cited as being of interest and to show the state of the prior art.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHELLE LOPEZ whose telephone number is (571)272-4464. The examiner can normally be reached Monday thru Friday 8:30 am to 4:30 pm.
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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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/MICHELLE LOPEZ/ Primary Examiner, Art Unit 3731
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