DETAILED ACTION
The following Office Action is in response to the Request for Continued Examination filed on April 2, 2026. Claims 1, 5-9, 11, 14-17, and 19-20 are currently pending.
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 .
Response to Arguments
Concerning the “Drawing Objections and Rejections under 35 U.S.C. § 112” section on pages 6-8 of the Applicant’s Response filed on April 2, 2026, the applicant’s arguments have been fully considered, and they are persuasive. The applicant has provided language within the specification that provides sufficient written description for the limitation of “a knot formed with the first working end and the second working end”, and given the provided clarity within the Specification, the claims do not require visual shape of the knot beyond the relationship described in the Specification. Therefore, the objections to the drawings and the rejections under 35 U.S.C. § 112 are withdrawn.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 5-9, 11, 14-17, 19, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Santangelo et al. US 2014/0243893 A1 (Santangelo) in view of Pilgeram et al. US 2014/0277121 A1 (Pilgeram).
Concerning claim 1, the Santangelo prior art reference teaches a suture anchor device (Figure 8A&B; 110) comprising: a suture anchor body (130) comprising a first end and a second end (Figure 8A) and multiple adjacent folds (Figure 8A; 134) and a central longitudinal axis extending between the first end and the second end, each of said folds comprising an apex extending in a first direction (Figure 8A; apices of folds 134 extend in outward direction) and two legs on either side of each apex, wherein each leg extends in a different direction away from each respective apex (See OA Figure 1 below; legs point in inward direction); a filament (110) consisting essentially of an elongated body (portion of the filament between ends) extending through each leg of the suture anchor body once from the first end to the second end (Figure 8A), the elongate body having a first working end (138’) extending from the first end of the suture anchor body and a second working end (114) extending from the second end of the suture anchor body, wherein: the second working end includes a hole (116) formed through the body of the filament at the second working end from one side of the body to an opposite side of the body; the first working end is configured to be moveably positioned through the hole from a first side of the second working end to a second side of the second working end; a loop formed by the first working end positioned through the hole from the first side of the second working end to the second side of the second working end (Figure 8A; 123); and wherein in a first state the loop has a first diameter (Figure 8A; 123) and in a second state the loop has a second diameter (Figure 8B; 123), the second diameter being less than the first diameter, wherein the second diameter is capable of preventing the filament from freely sliding through the suture anchor body ([¶ 0037], suture anchor body increases in width in the second state for frictional engagement with a bone tunnel, therein securing the suture loop and thereby preventing passage of the suture via pulling through the bone tunnel), but does not specifically teach a laterally positioned hole formed through the body of the filament or a knot formed with the first working end and the second working end.
However, the Pilgeram reference teaches a continuous, closed suture loop for knotless anchors, therein being in the same field of endeavor as the suture anchor of the Santangelo reference, wherein the device comprises a filament including an elongated body that forms a loop (Figure 3; 11’), the loop being formed by passing a first working end (C) through a laterally positioned hole (A) formed in a second working end (D) allowing for adjustment by pulling the second working end ([¶ 0030]), wherein a working end of the filament may form a knot ([¶ 0049]).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the second working end of the Santangelo reference to include the laterally positioned hole formed in the body of the filament as in the Pilgeram reference given the substitution of one known element (suture with a laterally positioned hole of Pilegram) for another (end to side hole of Santangelo) would have been obvious to one of ordinary skill in that art before the effective filing date since the substitution with the hole of Pilegram would have yielded predictable results, namely, forming a loop that allows adjustment by pulling that operates in effectively the same exact manner (Pilgeram; [¶ 0030]).
Furthermore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have a knot formed with the first working end and the second working end of the Santangelo reference as in the Pilgeram reference to provide added security to prevent expansion of the adjustable loop (Pilgeram; [¶ 0049]).
Concerning claim 5, the combination of the Santangelo and Pilgeram references as discussed above teaches the suture anchor of claim 1, wherein the Santangelo reference further teaches the suture anchor body being a fibrous construct ([¶ 0028], textile).
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OA Figure 1
Concerning claim 6, the combination of the Santangelo and Pilgeram references as discussed above teaches the suture anchor of claim 5, wherein the Santangelo reference further teaches the filament comprising an intermediate portion passing through the construct in at least three passing locations comprising a first passing - 10 - 2959989.1 8/11/2017CONMED Docket: C0302-NPlocation nearest a first end of the construct, a last passing location nearest a second end of the construct, and at least one intermediate passing location between said first passing location and said last passing location (See OA Figure 1 above).
Concerning claim 7, the combination of Santangelo and Pilgeram references as discussed above teaches the suture anchor of claim 5, wherein the Santangelo reference further teaches that in the undeployed state, the fibrous construct has a first fibrous construct width or thickness and a first fibrous construct length (Figure 8a), and the filament extends a first filament length between said first passing location and said last passing location (Figure 8a), and wherein in a deployed state, the fibrous construct has a second fibrous construct width or thickness and a second fibrous construct length (Figure 8b), and the filament extends a second filament length between said first passing location and said last passing location (Figure 8b), the second fibrous construct width or thickness being greater than the first fibrous construct width or thickness, the second fibrous construct length being shorter than the first fibrous construct length, and the second filament length being shorter than said first filament length ([¶ 0036]).
Concerning claim 8, the combination of the Santangelo and Pilgeram references as discussed above teaches the suture anchor of claim 6, wherein the Santangelo reference further teaches the fibrous construct being a ribbon having a longitudinal axis extending between the first end and the second end, a length along the longitudinal axis, a mattress thickness and a width (Figure 8a; 130).
Concerning claim 9, the combination of the Santangelo and Pilgeram references as discussed above teaches the suture anchor of claim 8, wherein the Santangelo reference further teaches passing locations being arranged along or parallel to said longitudinal axis (Figure 8A; it is noted that because the suture anchor is deformable, the structure may be straightened out to form a straight line).
Concerning claim 11, the Santangelo prior art reference teaches a suture anchor device deployment system (Figure 8A&B; 110) comprising: a suture anchor insertion device comprising a proximal end and a distal end ([¶ 0004], [¶ 0034] state the anchor is used with an insertion tool); a suture anchor body (130) comprising a first end and a second end and (Figures 8A) and multiple adjacent folds (Figure 8A; 134), and a central longitudinal axis extending between the first end and the second end, each of said folds comprising an apex extending in a first direction (Figure 8A; apices of folds 134 extend in outward direction) and two legs on either side of each apex, wherein each leg extends in a different direction away from each respective apex (See OA Figure 1 above; legs point in inward direction), wherein the suture anchor body is positioned on the distal end of the insertion device ([¶ 0034]); a filament (138) consisting essentially of an elongated body (portion of the filament between ends) extending through each of the suture anchor body only once from the first end to the second end (Figure 8A), the elongated body having a first working end (138’) extending from the first end of the suture anchor body and a second working end (114) extending from the second end of the suture anchor body, wherein the second working end includes a hole (116) formed through the body of the filament at the second working end from one side of the body to an opposite side of the body; the first working end is configured to be moveably positioned through the hole from a first side of the second working end to a second side of the second working end; a loop formed by the first working end positioned through the hole from the first side of the second working end to the second side of the second working end (Figure 8A; 123); and wherein in a first state the loop has a first diameter (Figure 8A; 123) and in a second state the loop has a second diameter (Figure 8B; 123), the second diameter being less than the first diameter, wherein the second diameter is capable of preventing the filament from freely sliding through the suture anchor body ([¶ 0037], suture anchor body increases in width in the second state for frictional engagement with a bone tunnel, therein securing the suture loop and thereby preventing passage of the suture via pulling through the bone tunnel), but does not specifically teach a laterally positioned hole formed through the body of the filament or a knot formed with the first working end and the second working end.
However, the Pilgeram reference teaches a continuous, closed suture loop for knotless anchors, therein being in the same field of endeavor as the suture anchor of the Santangelo reference, wherein the device comprises a filament including an elongated body that forms a loop (Figure 3; 11’), the loop being formed by passing a first working end (C) through a laterally positioned hole (A) formed in a second working end (D) allowing for adjustment by pulling the second working end ([¶ 0030]), wherein a working end of the filament may form a knot ([¶ 0049]).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the second working end of the Santangelo reference to include the laterally positioned hole formed in the body of the filament as in the Pilgeram reference given the substitution of one known element (suture with a laterally positioned hole of Pilgeram) for another (end to side hole of Santangelo) would have been obvious to one of ordinary skill in that art before the effective filing date since the substitution with the hole of Pilgeram would have yielded predictable results, namely, forming a loop that allows adjustment by pulling that operates in effectively the same exact manner (Pilgeram; [¶ 0030]).
Furthermore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have a knot formed with the first working end and the second working end of the Santangelo reference as in the Pilgeram reference to provide added security to prevent expansion of the adjustable loop (Pilgeram; [¶ 0049]).
Concerning claim 14, the Santangelo prior art reference teaches a method for securing a filament to an anchor body of a suture anchor comprising: providing a suture anchor (Figure 8A; 110) comprising: a suture anchor body (134) comprising a first end and a second end (Figure 8A) and multiple adjacent folds (Figure 8A; 134), and a central longitudinal axis extending between the first end and the second end, each of said folds comprising an apex extending in a first direction (Figure 8A; apices of folds 134 extend in outward direction) and two legs on either side of each apex, wherein each leg extends in a different direction away from each respective apex (See OA Figure 1 above; legs extend in the inward direction); a filament (138) consisting essentially of an elongated body (portion of the filament between ends) extending through each leg of the suture anchor body only once from the first end to the second end (Figure 8A), the elongated body having a first working end (138’) extending from the first end of the suture anchor body and a second working end (114) extending from the second end of the suture anchor body, wherein the second working end includes a hole (116) formed through the body of the filament at the second working end from one side of the body to an opposite side of the body; and positioning the first working end through hole from a first side of the second working end to a second side of the second working end to form a loop ([¶ 0025]), wherein the Santangelo reference teaches a hole that passes through a terminal end (112) to from a loop (120) allowing for adjustment by pulling the second working end ([¶ 0029]), wherein in a first state the loop has a first diameter (Figure 8A; 123), and in a second state the loop has a second diameter (Figure 8B; 123), the second diameter being less than the first diameter, wherein the second diameter is configured to prevent the filament from freely sliding through the suture anchor body ([¶ 0037], suture anchor body increases in width in the second state for frictional engagement with a bone tunnel, therein securing the suture loop and thereby preventing passage of the suture via pulling through the bone tunnel), but does not specifically teach a laterally positioned hole formed through the body of the filament or forming a knot with the first working end and the second working end.
However, the Pilgeram reference teaches a continuous, closed suture loop for knotless anchors, therein being in the same field of endeavor as the suture anchor of the Santangelo reference, wherein the device comprises a filament including an elongated body that forms a loop (Figure 3; 11’), the loop being formed by passing a first working end (C) through a laterally positioned hole (A) formed in a second working end (D) allowing for adjustment by pulling the second working end ([¶ 0030]), wherein a working end of the filament may form a knot ([¶ 0049]).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the second working end of the Santangelo reference to include the laterally positioned hole formed in the body of the filament as in the Pilgeram reference given the substitution of one known element (suture with a laterally positioned hole of Pilegram) for another (end to side hole of Santangelo) would have been obvious to one of ordinary skill in that art before the effective filing date since the substitution with the hole of Pilgeram would have yielded predictable results, namely, forming a loop that allows adjustment by pulling that operates in effectively the same exact manner (Pilgeram; [¶ 0030]).
Furthermore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to form a knot with the first working end and the second working end of the Santangelo reference as in the Pilgeram reference to provide added security to prevent expansion of the adjustable loop (Pilgeram; [¶ 0049]).
Concerning claim 15, the combination of the Santangelo and Pilgeram references as discussed above teaches the method of claim 14, wherein the Santangelo reference further teaches the method comprising the step of positioning the suture anchor body on a distal end of a suture anchor insertion device ([¶ 0004], [¶ 0034]; the anchor is used with an insertion tool).
Concerning claim 16, the combination of the Santangelo and Pilgeram references as discussed above teaches the method of claim 15, wherein the Santangelo reference further teaches the method comprising the step of positioning the distal end of the suture anchor insertion device into a pre-formed bone hole ([¶ 0004], [¶ 0034]; the anchor is used with an insertion tool for placing through holes in the skeletal structure).
Concerning claim 17, the combination of the Santangelo and Pilgeram references as discussed above teaches the method of claim 16, the Santangelo reference further teaches the method comprising the step of decreasing the diameter of the loop by pulling on the first working end away from the hole (Figures 8A&B, [¶ 0036]).
Concerning claim 19, the combination of the Santangelo and Pilgeram references as discussed above teaches the method of claim 17, wherein the Santangelo reference further teaches the suture anchor body being a fibrous construct ([¶ 0028], textile).
Concerning claim 20, the combination of the Santangelo and Pilgeram references as discussed above teaches the method of claim 19, wherein the Santangelo reference further teaches the method comprising the step of increasing a width or thickness of the fibrous construct and decreasing a length of the fibrous construct by pulling on at least one of the first working end and the second working end ([¶ 0036]).
Conclusion
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/MARTIN T TON/Examiner, Art Unit 3771 5/14/2026
