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 .
Claim Objections
Claim 4 is objected to because of the following informality: “portion” in line 2 should read “portions” (because the first and second coiled bands each have a separate distal portion).
Claim 5 is objected to because of the following informality: “coupled in relation to” in line 2 should read “coupled to”.
Claim 10 is objected to because of the following informality: “bands” in lines 2 and 3 should read “coiled bands” in both instances the term appears in the claim.
Claim 11 is objected to because of the following informality: “assembly coupled” in line 2 should read “assembly being coupled”.
Claim 13 is objected to because of the following informality: “assembly coupled” in line 4 should read “assembly being coupled”.
Claim 14 is objected to because of the following informality: “of coiled” in line 3 should read “of the coiled”.
Claim 18 is objected to because of the following informality: “bands” in lines 2 and 3 should read “coiled bands” in both instances the term appears in the claim.
Claim 20 is objected to because of the following informality: “position, and” in line 5 should read “position; and”.
Appropriate correction is required.
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.
Claims 3, 4, 6-12, and 17-19 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 pre-AIA the applicant regards as the invention.
Claim 3 recites the limitation "wherein the coiled band includes first and second coiled bands" in lines 1-2. It is unclear from this limitation how a single coiled band can possibly include two coiled bands. For examination purposes, the examiner is interpreting the limitation as if it instead reads “wherein the coiled band is a first coiled band, and wherein the distal drive assembly further includes a second coiled band having a distal portion” (note that the distal portion of the second coiled band is included to provide antecedent basis for claim 4).
Claim 6 recites the limitation "the articulation axis" in line 4. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, the examiner is interpreting the limitation as if it instead reads “an articulation axis”.
Claim 9 recites the limitation "a proximal gear" in line 2. There is ambiguous antecedent basis for this limitation in the claim. It is unclear whether the limitation is referring to the proximal gear first mentioned in line 3 of claim 1 or to a totally new proximal gear. For examination purposes, the examiner is interpreting claim 9 as if “wherein the proximal drive assembly includes a proximal gear that is engaged with the drive gear, the proximal gear engaged” in lines 1-2 instead reads “wherein the proximal gear is engaged”.
Claim 10 recites the limitation "the longitudinal slot" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim. The limitation would have proper antecedent basis if claim 10 depended from claim 4 instead of claim 3. For examination purposes, the examiner is interpreting the limitation as if claim 10 depends from claim 4 instead of claim 3.
The term "substantially" in claim 10 line 3 is a relative term which renders the claim indefinite. The term "substantially" 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. The rigidity of the drive beam has been rendered indefinite by the use of the term. The examiner suggests omitting the term in order to overcome this rejection.
Claim 11 recites the limitation "the proximal portion of the adapter assembly" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, the examiner is interpreting the limitation as if it instead reads “a proximal portion of the adapter assembly”.
Claim 12 recites the limitation "the non-articulated position" in line 2. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, the examiner is interpreting the limitation as if it instead reads “a non-articulated position”.
Claim 12 recites the limitation "the articulated positions" in line 2. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, the examiner is interpreting the limitation as if it instead reads “an articulated position”.
Claim 17 recites the limitation "wherein the coiled band includes first and second coiled bands," in lines 1-2. It is unclear from this limitation how a single coiled band can possibly include two coiled bands. For examination purposes, the examiner is interpreting the limitation as if it instead reads “wherein the coiled band is a first coiled band, and wherein the distal drive assembly further includes a second coiled band,”.
The term "substantially" in claim 18 line 3 is a relative term which renders the claim indefinite. The term "substantially" 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. The rigidity of the drive beam has been rendered indefinite by the use of the term. The examiner suggests omitting the term in order to overcome this rejection.
Claim 19 recites the limitation "the non-articulated position" in line 2. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, the examiner is interpreting the limitation as if it instead reads “a non-articulated position”.
Claim 19 recites the limitation "the articulated positions" in line 2. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, the examiner is interpreting the limitation as if it instead reads “an articulated position”.
Claims 4 and 10 are rejected as being indefinite because they depend from claim 3.
Claims 7 and 8 are rejected as being indefinite because they depend from claim 6.
Claims 18 and 19 are rejected as being indefinite because they depend from claim 17.
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.
Claims 13, 14, and 20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Chowaniec (US 2021/0204943).
Regarding claim 13, Chowaniec discloses a surgical stapling device (10 in Figure 1) comprising:
a housing (150 in Figure 3);
an adapter assembly (110a in Figures 3-4c) having a proximal portion (shown bubbled in an annotated version of Figure 3 of Chowaniec, hereinafter Figure 3x, below) and a distal portion (shown bubbled in Figure 3x below), the proximal portion (shown bubbled in Figure 3x below) of the adapter assembly (110a) coupled to the housing (150) (apparent when Figures 3-4c are viewed in relation to one another, Paragraphs 0044 and 0039);
a tool assembly (400 in Figure 1) including a first jaw (406 in Figure 1) and a second jaw (408 in Figure 1), the first jaw (406) and the second jaw (408) coupled to each other to facilitate movement of the tool assembly (400) between an unclamped position (open position of jaws 406 and 408) and a clamped position (closed position of jaws 406 and 408) (Paragraph 0091 lines 16-22, Paragraph 0048), the tool assembly (400) including a proximal portion (right end portion of 400 in Figure 1); and
a distal drive assembly (800 and 818 collectively in Figure 10) secured to the proximal portion (right end portion of 400 in Figure 1) of the tool assembly (400) (via the “drive member” disposed within adapter assembly 200 described in Paragraph 0085, as described in Paragraph 0088) and including a clamp member (820 in Figure 10; or the “drive member” disposed within adapter assembly 200 described in Paragraph 0085), a coiled band (812 in Figure 10), and a pivot member (818 in Figure 10) pivotably coupled to the distal portion (shown bubbled in Figure 3x below) of the adapter assembly (110a) (because 818 is fixed within 110b as stated in Paragraph 0087, and 110b is pivotably coupled to 110a via hinge 116 as stated in Paragraph 0039), the pivot member (818) defining a longitudinal slot (the channel in 818 shown in Figure 10, through which 812 passes) (apparent from Figure 10), the coiled band (812) supported on the pivot member (818) and including a distal portion (left end portion of 812 in Figure 10) that extends through the longitudinal slot (the channel in 818, through which 812 passes) (apparent from Figure 10, Paragraphs 0087 and 0091), the coiled band (812) movable between a coiled configuration (the configuration of 812 before it is unwound from 808b) and an extended configuration (the configuration of 812 after being unwound from 808b to distally advance 820) to move the clamp member (820; or the “drive member” disposed within adapter assembly 200) in relation to the tool assembly (400) between retracted and advanced positions (Paragraphs 0091, 0087, and 0088).
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Figure 3x: an annotated version of Figure 3 of Chowaniec
Regarding claim 14, Chowaniec discloses that the distal drive assembly (800 and 818 collectively) includes a sprocket (808b in Figure 10) having fingers (the “teeth of spur gear 808b” described in Paragraph 0087) and the coiled band (812) defines openings (816 in Figure 10) that receive the fingers (“teeth of spur gear 808b”) such that rotation of the sprocket (808b) in a first direction causes advancement of coiled band (812) from the coiled configuration (the configuration of 812 before it is unwound from 808b) to the extended configuration (the configuration of 812 after being unwound from 808b to distally advance 820) to advance the clamp member (820; or the “drive member” disposed within adapter assembly 200) in relation to the tool assembly (400) (Paragraphs 0091 and 0087).
Regarding claim 20, Chowaniec discloses a surgical stapling device (10 in Figure 1) comprising:
an elongated shaft (200 in Figure 1) including a distal end (left end of 200 in Figure 1);
a tool assembly (400 in Figure 1) positioned at the distal end (left end of 200 in Figure 1) of the elongated shaft (200) (apparent from Figure 1), the tool assembly (400) including a first jaw (406 in Figure 1) and a second jaw (408 in Figure 1), the first jaw (406) and the second jaw (408) coupled to each other and moveable between an unclamped position (open position of jaws 406 and 408) and a clamped position (closed position of jaws 406 and 408) (Paragraph 0091 lines 16-22, Paragraph 0048), and
a drive assembly (800 in Figure 10) including a clamp member (820 in Figure 10; or the “drive member” disposed within adapter assembly 200 described in Paragraph 0085), at least one coiled band (812 in Figure 10) coupled to the clamp member (820; or the “drive member” disposed within adapter assembly 200) (Paragraphs 0088 and 0085), and a pivot member (808b in Figure 10) (Paragraph 0085) (Paragraphs 0085-0088), the at least one coiled band (812) movable between a coiled configuration (the configuration of 812 before it is unwound from 808b) and an extended configuration (the configuration of 812 after being unwound from 808b to distally advance 820) to move the clamp member (820; or the “drive member” disposed within adapter assembly 200) in relation to the tool assembly (400) between retracted and advanced positions (Paragraphs 0091, 0087, and 0088).
Allowable Subject Matter
Claims 1, 2, and 5 are allowed.
Claims 3, 4, and 6-12 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, set forth in this Office action.
Claims 15 and 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.
Claims 17-19 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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:
Regarding independent claim 1, the prior art taken alone or in combination fails to disclose or render obvious the following limitation of claim 1 in combination with all the other limitations of claim 1:
“distal portion supporting a proximal drive assembly including a drive gear and a proximal gear that is engaged with the drive gear”.
The prior art reference considered by the examiner to come closest to teaching the limitations of claim 1 is Chowaniec (US 2021/0204943).
Chowaniec discloses a surgical stapling device (10 in Figure 1) comprising:
an adapter assembly (200 in Figure 1) having a distal portion (left end of 200 in Figure 1);
a tool assembly (400 in Figure 1) including an anvil (406 in Figure 1) and a cartridge assembly (408 in Figure 1), the anvil (406) and the cartridge assembly (408) coupled to each other to facilitate movement of the tool assembly (400) between an unclamped position (open position of jaws 406 and 408) and a clamped position (closed position of jaws 406 and 408) (Paragraph 0091 lines 16-22, Paragraph 0048), the tool assembly (400) including a proximal portion (right end portion of 400 in Figure 1) and a distal portion (left end portion of 400 in Figure 1); and
a distal drive assembly (800 in Figure 10) secured to the proximal portion (right end portion of 400 in Figure 1) of the tool assembly (400) (via the “drive member” disposed within adapter assembly 200 described in Paragraph 0085, as described in Paragraph 0088), the distal drive assembly (800) including a pivot member (804 in Figure 10; or the “drive shaft” described in Paragraph 0086), a sprocket (808b in Figure 10), a sprocket gear (808a in Figure 10), a coiled band (812 in Figure 10) having a distal portion (left end portion of 812 in Figure 10), and a clamp member (820 in Figure 10; or the “drive member” disposed within adapter assembly 200 described in Paragraph 0085) secured to the distal portion (left end portion of 812 in Figure 10) of the coiled band (Paragraphs 0085-0088), the coiled band (812) movable in response to rotation of the sprocket (808b) between a coiled configuration (the configuration of 812 before it is unwound from 808b) and an extended configuration (the configuration of 812 after being unwound from 808b to distally advance 820) to move the clamp member (820; or the “drive member” disposed within adapter assembly 200) in relation to the tool assembly (400) between retracted and advanced positions (Paragraphs 0091, 0087, and 0088).
However, Chowaniec, taken alone or in combination with the prior art as a whole and legal precedence, fails to teach or render obvious the limitation shown in quotation marks above.
Regarding claims 2-12, they are indicated as being allowable solely because they depend from claim 1 which is allowable as explained above.
Regarding claims 15 and 17, the closest prior art reference, Chowaniec (see 102(a)(2) rejections of claims 14 and 13 above), taken alone or in combination with the prior art as a whole fails to teach or render obvious any of the limitations of the claims.
Regarding claim 16, it is indicated as being allowable solely because it depends from claim 15 which is allowable as explained above.
Regarding claims 18 and 19, they are indicated as being allowable solely because they depend from claim 17 which is allowable as explained above.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Viola et al. (US 8,827,134) teaches a surgical stapling device (900 in Figures 25-27) comprising: a tool assembly (908 in Figures 25-27); and a distal drive assembly (904 and 906 collectively in Figures 25-27) having a flexible band (904) movable between a compact configuration (shown in Figure 25) and an extended configuration (shown in Figure 27) (apparent when Figure 25 is viewed in relation to Figure 27). However, Viola fails to teach a coiled band movable between a coiled configuration and an extended configuration to move a clamp member in relation to the tool assembly (908).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TANZIM IMAM whose telephone number is (571)272-2216. The examiner can normally be reached on Mon - Fri 8:00AM - 4:00PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shelley Self can be reached on 571-272-4524. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TANZIM IMAM/Primary Examiner, Art Unit 3731
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