Surgical staple and method of use

1. An apparatus comprising:

an elongated shaft having proximal and distal ends;

a housing mounted on the distal end of the elongate shaft, the housing including a tapered distal end and defining a lumen and at least one port;

a handle assembly mounted on the proximal end of the elongated shaft;

a staple forming assembly mounted on the distal end of the elongated shaft, distal of the housing;

a vacuum assembly fluidly coupled to the lumen, the vacuum assembly providing a vacuum through the at least one port for drawing tissue about the tapered distal end of the housing; and

a staple selectively deformable and releasably retained by the staple forming assembly, the staple comprising:

a base including first and second base portions; and

first and second legs extending from respective first and second base portions towards the handle assembly when the staple is releasably retained by the staple forming assembly, wherein the first and second base portions form a bendable connection therebetween, the staple having a first position in which the first base portion defines a first angle with respect to the second base portion and a second position in which the first base portion defines a second angle with respect to the second base portion, wherein the first and second legs are parallel to each other when the staple is in the first position, wherein the first and second legs of the staple each include a free end, the free ends being disposed proximal of the respective first and second base portions when the staple is in the first position and the second position.

2. The apparatus of claim 1 , wherein the vacuum assembly is slidably disposed on the elongated shaft relative to the staple forming assembly.

3. The apparatus of claim 2 , wherein the housing defines at least one opening through which suction is received from a vacuum source to draw tissue about the housing.

4. The apparatus of claim 1 , wherein the housing is configured for operable engagement with the vacuum assembly.

5. The apparatus of claim 1 , wherein the staple forming assembly includes at least one anvil member.

6. The apparatus of claim 1 , wherein the handle assembly includes a first moveable handle operably connected to the staple forming assembly.

7. The apparatus of claim 6 , wherein the handle assembly includes a second moveable handle operably connected to the vacuum assembly.

8. The apparatus of claim 7 , wherein the first and second base portions form an angle less than 180° therebetween in the first position.

9. The apparatus of claim 8 , wherein the first and second base portions form an angle greater than 180° in the second position.

10. The apparatus of claim 9 , wherein the staple forming assembly is configured to deform the staple from the first position to the second position.

11. The apparatus of claim 1 , wherein the first and second legs are angled towards one another in the second position.

12. The apparatus of claim 1 , wherein each base portion of the first and second base portions and each leg of the first and second legs are substantially straight.

13. The apparatus of claim 1 , wherein each base portion of the first and second base portions arid each leg of the first and second legs are substantially co-planar.

14. The apparatus of claim 1 , wherein the first and second legs are spaced apart when the staple is in the second position.

15. The apparatus of claim 1 , wherein the first angle is different from the second angle.

16. The apparatus of claim 1 , further including a planar guard portion extending distally from the staple forming assembly, the planar guard portion configured to maintain a gap between tissue to be stapled and tissue not to be stapled.

17. The stapling apparatus of claim 1 , wherein the housing defines a plurality of ports.