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 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 8-10, 13, 21, and 25 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.
Claim 8 recites that the second opening communicating with the second region and not in communication with the open tool attachment region (emphasis added by Examiner). The claim later recites that a length of suture passes through the bore, through the second suture opening, and eventually back through the bore again. The fact that the suture passes through the bore and through the second suture opening indicates that the bore and the second opening are in communication with each other. The open tool attachment region is part of the bore, and the only reasonable interpretation is that the open tool attachment region is in communication with the bore since it is a subcomponent or subset of the bore (and there is nothing explicitly stating that they are not in communication with each other). Therefore, it is unclear how the second suture opening is not in communication with the open tool attachment region of the bore when the suture, by virtue of the suture pathway, connects the second suture opening and the bore (and open tool attachment region thereof) such that they are in communication with other. Accordingly, the claim is indefinite.
Claims 9-10, 13, 21, and 25 remain indefinite by virtue of their dependency on indefinite base claim 8.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 5, 8, 17-18, 20-21, 23, 24-26, 28, 31, and 33 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2009/0076545 A1 to DiMatteo et al. (hereinafter “DiMatteo”) in view of US 2011/0224727 A1 Housman et al. (hereinafter “Housman”) (both references previously of record).
Regarding claim 1, DiMatteo discloses (see abstract; Figs. 1A-8 and [0036]-[0056]) a suture anchor (40, Figs. 4A-D) comprising: a body having a cylindrical region (body (without threads)defined by diameter "dR") and comprising a distal end (where it transitions diameter "dr"), a proximal end (near #40a, Fig. 4A) and a longitudinal axis extending between the distal end and the proximal end, wherein the proximal end of the body comprises a bore opening on the proximal end of the cylindrical body (see Fig. 4D, similar to inner lumen 10c of first embodiment 10, see Figs. 1A-D and [0037]-[0040]), the bore comprising an open tool attachment region (see Fig. 4D and [0039]-[0040] and [0053]), the cylindrical region having a proximal bound and a distal bound (the bounds correspond with the ends discussed above), the tool attachment region having a distal wall surface (see Fig. 4D); at least one projection (48a) formed on an external surface of the cylindrical region for retaining the suture anchor in a predrilled hole formed in bone (see Fig. 4A; [0051] and [0041]); first (46) and second (hole distal to suture-engaging member 44 opposite cut-out 46, see Figs. 4A-D) suture openings extending through the cylindrical region transverse to the longitudinal axis of the cylindrical body and each disposed between the proximal bound and the distal bound of the cylindrical region (see Figs. 4A-D);and a pair of slots formed on the external surface of the cylindrical region (on either side of suture-engaging member 44, see Figs. 4A-D, see also [0046]), wherein the pair of slots extend parallel to the longitudinal axis of the cylindrical region (see Figs. 4A-D and [0046]), and further wherein each one of the pair of slots comprises a distal end and a proximal end (see Figs. 4A-D and [0046]), wherein the second suture opening forms the distal ends of the pair of slots (see Figs. 4A-D); wherein the bore, the suture openings and the pair of slots form a suture pathway for receiving a suture (see [0037], [0046], [0054]-[0056] and Fig. 8) such that when a suture is disposed in the suture pathway, the suture passes internally through the bore, through the first suture opening, externally along a first slot of the pair of slots, transversely through the second suture opening, externally along a second slot of the pair of slots and internally through the bore (see [0037], [0046], [0054]-[0056] and Fig. 8; see also [0040] which incorporates by reference US Application 11/555,545, which is published as US 2008/0147063 A1; Fig. 12A shows a suture pathway in more detail extending internally through the bore 10c, through the top opening around suture-engaging member 14, externally along a slot on the side of suture engaging member 14, transversely trough the bottom opening below suture-engaging member 14, externally along the opposing slot on the opposing side of suture-engaging member 14, and back internally through the bore), and the first suture opening communication with the tool attachment region (see Figs. 4A-D), the first suture opening communicating with the tool attachment region and having a distal wall surface (see Figs. 4A-D).
Regarding claim 8, DiMatteo discloses (see abstract; Figs. 1A-8 and [0036]-[0056]) a suture anchor assembly (40 + 70) comprising an anchor driver (70, see Fig. 7) comprising a hollow driver shaft for receiving a suture (see [0053]); and a suture anchor (40, Figs. 4A-D) comprising: a body having a cylindrical region (body (without threads)defined by diameter "dR") and comprising a distal end (where it transitions diameter "dr"), a proximal end (near #40a, Fig. 4A) and a longitudinal axis extending between the distal end and the proximal end, wherein the proximal end of the body comprises a bore opening on the proximal end of the cylindrical body (see Fig. 4D, similar to inner lumen 10c of first embodiment 10, see Figs. 1A-D and [0037]-[0040]), the bore comprising an open tool attachment region (see Fig. 4D and [0039]-[0040] and [0053]) and a second region (see Fig. 4D), the cylindrical region having a proximal bound and a distal bound (the bounds correspond with the ends discussed above), the tool attachment region having a distal wall surface (see Fig. 4D), at least one projection (48a) formed on an external surface of the cylindrical region for retaining the suture anchor in a predrilled hole formed in bone (see Fig. 4A; [0051] and [0041]); first (46) and second (hole distal to suture-engaging member 44 opposite cut-out 46, see Figs. 4A-D) suture openings extending through the cylindrical region, the bore including a second region (as per [0039], the inner lumen 10c (aka, the claimed “bore”) can extend through the entire length of the anchor but terminate prior to a substantially solid tip, with the suture engaging member 14/44 extending across a portion of the lumen, thus the bore is interpreted to have a tool attachment region (as set forth in [0040], e.g. ,the hexagonal region) and a second region (the further extension of inner lumen 10c through which suture engaging member 14/44 extends across), the first opening communicating with the tool attachment region and the second opening communicating with the second region (the suture pathway discussed in the claims above establishes that there is communication of the first opening with the tool attachment region (at least because the suture passes from opening 46 into inner lumen 40c) and further communication between the second opening (hole distal to suture-engaging member 44 opposite cut-out 46, see Figs. 4A-D) and the second region through which suture engaging member 44 extends across (for example, in Fig. 4D, the second opening is part of the inner lumen as per [0039])), transverse to the longitudinal axis of the cylindrical body and each disposed between the proximal bound and the distal bound of the cylindrical region (see Figs. 4A-D);and a pair of slots formed on the external surface of the cylindrical region (on either side of suture-engaging member 44, see Figs. 4A-D, see also [0046]), wherein the pair of slots extend parallel to the longitudinal axis of the cylindrical region (see Figs. 4A-D and [0046]), and further wherein each one of the pair of slots comprises a distal end and a proximal end (see Figs. 4A-D and [0046]), wherein the second suture opening forms the distal ends of the pair of slots (see Figs. 4A-D); wherein the bore, the suture opening and the pair of slots form a suture pathway (see [0037], [0046], [0054]-[0056] and Fig. 8); and a length of suture (see [0037], [0046], [0054]-[0056] and Fig. 8) passing internally through the bore, through the first suture opening, externally along a first slot of the pair of slots, transversely through the second suture opening, externally along a second slot of the pair of slots and internally through the first opening and into said bore, wherein the length of suture is free to slide within the suture pathway (see [0037], [0046], [0054]-[0056] and Fig. 8; see also [0040] which incorporates by reference US Application 11/555,545, which is published as US 2008/0147063 A1; Fig. 12A shows a suture pathway in more detail extending internally through the bore 10c, through the top opening around suture-engaging member 14, externally along a slot on the side of suture engaging member 14, transversely trough the bottom opening below suture-engaging member 14, externally along the opposing slot on the opposing side of suture-engaging member 14, and back internally through the bore), the first suture opening communicating with the tool attachment region and having a distal wall surface (see Figs. 4A-D) (note that with respect to the limitation “and not in communication with the open tool attachment region”, as set forth in the 112b rejection above, the second suture opening must be in communication with the open tool attachment region in order for the claimed suture pathway to be true – if they were not in communication as claimed, then the suture would not be able to be disposed along the claimed pathway).
Regarding claim 23, DiMatteo discloses (see abstract; Figs. 1A-8 and [0036]-[0056]) a method (see [0055]-[0056])for deploying a suture anchor in a hole formed in a bone, the method comprising: providing a suture anchor (40, Figs. 4A-D) comprising: a body having a cylindrical region (body (without threads)defined by diameter "dR") and comprising a distal end (where it transitions diameter "dr"), a proximal end (near #40a, Fig. 4A) and a longitudinal axis extending between the distal end and the proximal end, wherein the proximal end of the cylindrical region comprises a bore opening on the proximal end of the cylindrical body (see Fig. 4D, similar to inner lumen 10c of first embodiment 10, see Figs. 1A-D and [0037]-[0040]), the bore comprising an open tool attachment region (see Fig. 4D and [0039]-[0040] and [0053]) and a second region (see Fig. 4D), the cylindrical region having a proximal bound and a distal bound (the bounds correspond with the ends discussed above), the tool attachment region having a distal wall surface (see Fig. 4D); at least one projection (48a) formed on an external surface of the cylindrical region for retaining the suture anchor in a predrilled hole formed in bone (see Fig. 4A; [0051] and [0041]); first (46) and second (hole distal to suture-engaging member 44 opposite cut-out 46, see Figs. 4A-D) suture openings extending through the cylindrical region, the bore including a second region (as per [0039], the inner lumen 10c (aka, the claimed “bore”) can extend through the entire length of the anchor but terminate prior to a substantially solid tip, with the suture engaging member 14/44 extending across a portion of the lumen, thus the bore is interpreted to have a tool attachment region (as set forth in [0040], e.g. ,the hexagonal region) and a second region (the further extension of inner lumen 10c through which suture engaging member 14/44 extends across), the first opening communicating with the tool attachment region and the second opening communicating with the second region (the suture pathway discussed in the claims above establishes that there is communication of the first opening with the tool attachment region (at least because the suture passes from opening 46 into inner lumen 40c) and further communication between the second opening (hole distal to suture-engaging member 44 opposite cut-out 46, see Figs. 4A-D) and the second region through which suture engaging member 44 extends across (for example, in Fig. 4D, the second opening is part of the inner lumen as per [0039])), transverse to the longitudinal axis of the cylindrical body and each disposed between the proximal bound and the distal bound of the cylindrical region (see Figs. 4A-D);and a pair of slots formed on the external surface of the cylindrical region (on either side of suture-engaging member 44, see Figs. 4A-D, see also [0046]), wherein the pair of slots extend parallel to the longitudinal axis of the cylindrical region (see Figs. 4A-D and [0046]), and further wherein each one of the pair of slots comprises a distal end and a proximal end (see Figs. 4A-D and [0046]), wherein the second suture opening forms the distal ends of the pair of slots (see Figs. 4A-D); wherein the bore, the suture opening and the pair of slots form a suture pathway (see [0037], [0046], [0054]-[0056] and Fig. 8); and a length of suture (see [0037], [0046], [0054]-[0056] and Fig. 8) passing internally through the bore, through the first suture opening, externally along a first slot of the pair of slots, transversely through the second suture opening, externally along a second slot of the pair of slots and internally through the first opening and into said bore, wherein the length of suture is free to slide within the suture pathway (see [0037], [0046], [0054]-[0056] and Fig. 8; see also [0040] which incorporates by reference US Application 11/555,545, which is published as US 2008/0147063 A1; Fig. 12A shows a suture pathway in more detail extending internally through the bore 10c, through the top opening around suture-engaging member 14, externally along a slot on the side of suture engaging member 14, transversely trough the bottom opening below suture-engaging member 14, externally along the opposing slot on the opposing side of suture-engaging member 14, and back internally through the bore), the first suture opening communicating with the tool attachment region and having a distal wall surface (see Figs. 4A-D), and inserting the suture anchor into the hole formed in the bone (see [0055]-[0056])
Regarding claim 28, DiMatteo discloses (see abstract; Figs. 1A-8 and [0036]-[0056]) a suture anchor (40, Figs. 4A-D) comprising: a body having a cylindrical region (body (without threads)defined by diameter "dR") and comprising a distal end (where it transitions diameter "dr"), a proximal end (near #40a, Fig. 4A) and a longitudinal axis extending between the distal end and the proximal end, the body having a bore (see Fig. 4D, similar to inner lumen 10c of first embodiment 10, see Figs. 1A-D and [0037]-[0040]) comprising an open tool attachment region (see Fig. 4D and [0039]-[0040] and [0053]) wherein the proximal end of the body comprises a bore opening on the proximal end of the cylindrical body (see Fig. 4D, similar to inner lumen 10c of first embodiment 10, see Figs. 1A-D and [0037]-[0040]); at least three projections (see [0041]-[0044]) formed on an external surface of the cylindrical region for retaining the suture anchor in a predrilled hole formed in bone (see Fig. 4A; [0051] and [0041]); first (46) and second (hole distal to suture-engaging member 44 opposite cut-out 46, see Figs. 4A-D) suture openings extending through the cylindrical region transverse to the longitudinal axis of the cylindrical body; and a pair of slots formed on the external surface of the cylindrical region (on either side of suture-engaging member 44, see Figs. 4A-D, see also [0046]), wherein the pair of slots extend parallel to the longitudinal axis of the cylindrical region (see Figs. 4A-D and [0046]), and further wherein each one of the pair of slots comprises a distal end and a proximal end (see Figs. 4A-D and [0046]), wherein the second suture opening forms the distal ends of the pair of slots (see Figs. 4A-D); wherein the bore, the suture openings and the pair of slots form a suture pathway for receiving a suture (see [0037], [0046], [0054]-[0056] and Fig. 8) such that when a suture is disposed in the suture pathway, the suture passes internally through the bore, through the first suture opening, externally along a first slot of the pair of slots, transversely through the second suture opening, externally along a second slot of the pair of slots and internally through the bore (see [0037], [0046], [0054]-[0056] and Fig. 8; see also [0040] which incorporates by reference US Application 11/555,545, which is published as US 2008/0147063 A1; Fig. 12A shows a suture pathway in more detail extending internally through the bore 10c, through the top opening around suture-engaging member 14, externally along a slot on the side of suture engaging member 14, transversely trough the bottom opening below suture-engaging member 14, externally along the opposing slot on the opposing side of suture-engaging member 14, and back internally through the bore), the first suture opening communicating with the tool attachment region and having a distal wall surface (see Figs. 4A-D).
DiMatteo further discloses (claim 5) wherein the length of suture is free to slide within the suture pathway (see [0037], [0046], [0054]-[0056] and Fig. 8); (claims 20/21) wherein the first slot of the pair of slots is diametrically opposed to the second slot of the pair of slots (see Figs. 4A-D); (claim 17) further comprising adjusting the length of suture relative to the suture anchor (see [0055]-[0056]); (claim 18) attaching a ligament, cartilage or other soft tissue to the length of suture and knotting the suture about the suture anchor (see [0055]-[0056]); (claims 24/25/26) comprising at least three projections formed on an external surface of the cylindrical region (see [0041]-[0044]; Fig. 4A; [0051] and [0041]); and (claims 30/33) the bore including a second region (as per [0039], the inner lumen 10c (aka, the claimed “bore”) can extend through the entire length of the anchor but terminate prior to a substantially solid tip, with the suture engaging member 14/44 extending across a portion of the lumen, thus the bore is interpreted to have a tool attachment region (as set forth in [0040], e.g. ,the hexagonal region) and a second region (the further extension of inner lumen 10c through which suture engaging member 14/44 extends across), the first opening communicating with the tool attachment region and the second opening communicating with the second region (the suture pathway discussed in the claims above establishes that there is communication of the first opening with the tool attachment region (at least because the suture passes from opening 46 into inner lumen 40c).
DiMatteo fails to specifically disclose, with respect to independent claims 1, 8, 23, and 28, a portion of the distal wall surface being commensurate with a portion of a wall surface of the open tool attachment region.
Housman discloses (see abstract; Figs. 1-9; and [0041]-[0050]) a suture anchor (10) comprising: a body (11) comprising a distal end (13), a proximal end (12) and a longitudinal axis extending between the distal end and the proximal end, wherein the proximal end of the body comprises a bore opening (18) on the proximal end of the cylindrical body (see Figs. 2-4 and [0042]); at least one projection (14, noting that in following the threads 14 from the top of the anchor, it is apparent that there are two separate threads which interleave each other as they spiral down the length of the anchor) formed on an external surface of the cylindrical region for retaining the suture anchor in a predrilled hole formed in bone (see [0041]/[0045]); a suture opening (16) extending through the cylindrical region transverse to the longitudinal axis of the cylindrical body (see Figs. 1-3 and [0041]/[0042]); and a pair of slots formed on the external surface of the cylindrical region (the "slots" are defined by the cutout in the external thread on opposing sides of the anchor, the slot is an oblong oval and is shown in Figs. 1-2 encompassing hole 15 at the slot proximal end, hole 16 at the slot distal end, and includes bridge 17 therebetween), wherein the pair of slots extend parallel to the longitudinal axis of the cylindrical region (see Figs. 1-2), and further wherein each one of the pair of slots comprises a distal end (at through hole 16) and a proximal end (at through hole 15), wherein the suture opening forms the distal ends of the pair of slots (see Figs. 1-2, hole 16 defines the distal end of the pair of slots) ;wherein the bore, the suture opening and the pair of slots form a suture pathway for receiving a suture (see Fig. 2 and [0043]), such that when a suture (19) is disposed in the suture pathway, the suture passes internally through the bore, externally along a first slot of the pair of slots, transversely through the suture opening, externally along a second slot of the pair of slots and internally through the bore (following the suture 19 in Fig. 2, it enters into cannulation 18, then passes moving distally on a first side of bridge 17 (which is considered within the "first slot"), passes transversely through suture opening 16, then passes moving proximally along a second side of bridge 17 (which is considered within the "second slot"), then returns proximally through the cannulation 18); and further discloses the bore comprising an open tool attachment region (18 + 18C, see Fig. 3 and [0042]) having a distal wall surface (see Examiner’s Diagram of Fig. 6 below), the first suture opening communicating with the tool attachment region (see [0042]-[0043]) and having a distal wall surface (see Examiner’s Diagram of Fig. 6 below, indicated by the dashed double-headed arrow), a portion of the distal wall surface being commensurate with a portion of a wall surface of the open tool attachment region (see Fig. 6 and Examiner’s Diagram of Fig. 6 below, at each arrow of the dashed double-headed arrow, the portion of the distal wall surface of the first opening is commensurate (i.e., is the same surface or portion of material) with a portion of a wall surface of the open tool attachment region in the same field of endeavor for the purpose of forming slots around the suture opening which houses a portion of the anchor inserter to house prongs of an anchor inserter to provide a higher insertion torque during advancement of the anchor into bone (see [0042]/[0044]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified DiMatteo’s anchor with the slots for the prongs of the anchor inserter, as taught by Housman, in order to form slots around the suture opening which houses a portion of the anchor inserter to house prongs of an anchor inserter to provide a higher insertion torque during advancement of the anchor into bone.
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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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 3, 9-10, 13, 19, and 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over DiMatteo in view of Housman, as applied to claims 1, 8, 23, and 28, respectively, and further in view of US 2010/0292733 A1 to Hendricksen et al. (hereinafter “Hendricksen”) (previously of record).
The combination of DiMatteo and Housman discloses the invention substantially as claimed as discussed above, however, with respect to the following claims, the combination fails to disclose (claims 3/9/27) wherein the distal end of the cylindrical region comprises a separate transverse opening for receiving at least one additional suture; (claim 10) further comprising a second length of suture passing through the separate transverse opening in the distal end of the cylindrical body; (claim 13) wherein the separate transverse opening is configured to allow a suture to slide freely when a suture is disposed therewithin; (claim 19) wherein the distal end of the cylindrical region comprises a separate transverse opening, and further wherein the method further comprises passing a second length of suture through the separate transverse opening at the distal end of the cylindrical body.
Hendricksen discloses (see abstract; Figs. 24A-B; and [0119]), in the same field of endeavor, a suture anchor (4302 + 4316) comprising: a body having a cylindrical region (body not including tip 4304) and comprising a distal end, a proximal end and a longitudinal axis extending between the distal end and the proximal end, wherein the proximal end of the body comprises a bore opening (4314) on the proximal end of the cylindrical body (see Figs. 24A-B and [0119]), the cylindrical region having a proximal bound and a distal bound; at least one projection (4308) formed on an external surface of the cylindrical region for retaining the suture anchor in a predrilled hole formed in bone (see Figs. 24A-B and [0119]); first (4312) and second (4310) suture openings extending through the cylindrical region transverse to the longitudinal axis of the cylindrical body and each disposed between the proximal bound and the distal bound of the cylindrical region (see Figs. 24A-B and [0119]);and a pair of slots formed on the external surface of the cylindrical region (see Figs. 24A-B), wherein the pair of slots extend parallel to the longitudinal axis of the cylindrical region see Figs. 24A-B);wherein the bore, the suture openings and the pair of slots form a suture pathway for receiving a suture (see [0119]); and further discloses wherein the distal end of the cylindrical region comprises a separate transverse opening (4306) for receiving at least one additional suture (see [0119]); a second length of suture passing through the separate transverse opening in the distal end of the cylindrical body (see [0119]); wherein the separate transverse opening is configured to allow a suture to slide freely when a suture is disposed therewithin (see [0119], can slide freely in one direction); and further wherein the method further comprises passing a second length of suture through the separate transverse opening at the distal end of the cylindrical body (see [0119]) for the purpose of providing a transverse channel at the bottom of the anchor to allow a suture to be fixed thereto (see [0119]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify DiMatteo's apparatus/method (as modified by Housman above) with the transverse opening as taught by Hendricksen in order to provide a transverse channel at the bottom of the anchor to allow a suture to be fixed thereto.
Response to Arguments
Applicant's arguments filed 02/03/2026 have been fully considered but they are not persuasive. With respect to the indefiniteness of claim 8, it is noted that the specification as filed does not discuss or use the term “communication”. As understood by skilled artisans, the term “communication” in the context of structural features means that two components are not isolated from each other, whereas not in communication infers that components are isolated from each other such that they cannot share the same pathway for liquid, gas (such as air), or another structure to pass through the separate structural features. As set forth in the rejection and acknowledged by Applicant, a suture can be passed from the second suture opening into the tool attachment region. Therefore, these regions are not isolated from each other because they define a pathway to allow the suture (and ambient air) to connect the second suture opening and the tool attachment region. While Applicant is entitled to be their own lexicographer, Applicant has not redefined the term “communication” in a manner which puts the public on notice that the term is being used differently than the term is understood by skilled artisans. Accordingly, based on the understood definition, the claim is indefinite.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., that “commensurate” refers to the extent or size of the opening based on the relative diameters of the two structures) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). The claims do not define what the term “commensurate” refers to with any specificity. Accordingly, reading “the extent or size of the opening” as measured by their relative diameters into the claims is not permissible. Therefore, the arguments are not persuasive and the claims stand rejected.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAUN L DAVID whose telephone number is (571)270-5263. The examiner can normally be reached M-F 10AM-6:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Darwin Erezo can be reached on 571-272-4695. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHAUN L DAVID/Primary Examiner, Art Unit 3771
Prosecution Insights