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 .
Response to Amendment
This action is entered in response to Applicant's amendment and reply of 9/18/25. The claims 1-20 are pending. The claim 1 is amended. Claims 16-20 remain withdrawn.
Response to Arguments
Applicant’s arguments, filed with respect to the rejections of claims 1-15 under 103 as being unpatentable over Pasquali (US2015/0039026) in view of Burkhart (US2017/0105716) have been fully considered. Applicant’s amendment to claim 1 appear to overcome the previous rejection and therefore the rejection has been withdrawn. However, a new ground of rejection has been made in view of Albertorio (US2011/0087280). No amendments or arguments have been made for the rejections of claims 8-15 and therefore the rejection has been maintained.
Drawings
The drawings were received on 9/18/25. These drawings are approved.
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.
Claims 1-7 are rejected under 35 U.S.C. 102(a)(1) as being unpatentable over Albertorio (US2011/0087280).
Regarding claim 1, Albertorio discloses a suspensory graft fixation device for securing a replacement graft ligament in a bone tunnel ([0030]), comprising:
an elongated anchor member (10) comprising a top surface and a bottom surface (see annotated Fig. 5), and adjacent first and second suture receiving apertures (two eyelets 20, [022]) extending from the top surface to the bottom surface thereof ([0022]);
a graft supporting loop element (3) attached to the anchor member, the graft supporting loop element formed of a suture (suture, [0024]) comprising a first limb (see annotated Fig. 5) and a second limb (see annotated Fig. 5) having a first free end (1, see annotated Fig. 5) and a second free end (1, see annotated Fig. 5), respectively;
wherein the suture is threaded through the first and second suture receiving apertures such that first and second loops (first and second loop formed by 2, see annotated Fig. 5) are formed in the suture and extend from the bottom surface of the elongated anchor member (see annotated Fig. 5), while the first free end of the first limb extends from the bottom surface through the first receiving aperture to and away from the top surface (see annotated Fig. 5, where the “free end” of the first limb would encompass the portion of the limb that extends through the first eyelet 20 of the anchor) and the second free end of the second limb extends from the bottom surface through the second receiving aperture to and away from the top surface through the second suture receiving aperture in a first direction (see Fig. 5, where the “free end” of the second limb would encompass the portion of the limb that extends through the first eyelet 20 of the anchor; the first direction is out of the top surface) and the second limb extends from the top surface through the first suture receiving aperture in the first direction (the second limb as shown in the annotated Fig. 5 would extend through the first aperture or eyelet 20 from the top surface by the first loop in the first direction by the loop formed under the second limb and passing through splice 2a), and a splice (3a) is formed in the second limb of suture extending from the top surface of the elongated anchor member (see annotated Fig. 5), and wherein the first limb extends through the splice (first limb extends from 3b to 3a, see annotated Fig. 5).
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Regarding claim 2, Albertorio discloses the suspensory graft fixation device of claim 1, comprising a central biting portion extending between the first limb and the second limb (portion between 3a and 3b, see Fig. 5), the central biting portion extending over a central bridge portion (portion between eyelets 20 that the portion between 3a and 3b extends over, Fig. 5) of the elongated anchor member between the first and second suture receiving apertures (see Fig. 5).
Regarding claim 3, Albertorio discloses the suspensory graft fixation device of claim 1, wherein first limb extends from the top surface to the bottom surface through the first suture receiving aperture (see annotated Fig. 5, where direction is not claimed) and from the bottom surface to the top surface through the second suture receiving aperture (see annotated Fig. 5, the first limb extends from splice 3b to pass through second suture receiving aperture or eyelet 20, where direction is not claimed).
Regarding claim 4, Albertorio discloses the suspensory graft fixation device of claim 1, wherein second limb extends from the top surface to the bottom surface through the second suture receiving aperture (see annotated Fig. 5, where direction is not claimed) and from the bottom surface to the top surface through the first suture receiving aperture (see annotated Fig. 5, the first limb extends from splice 3b to pass through second suture receiving aperture or eyelet 20, where direction is not claimed).
Regarding claim 5, Albertorio discloses the suspensory graft fixation device of claim 1, wherein the first loop is formed by the first limb (first loop is formed by first limb as shown in annotated Fig. 5).
Regarding claim 6, Albertorio discloses the suspensory graft fixation device of claim 1, wherein the second loop is formed by the second limb (second loop is formed by second limb as shown in annotated Fig. 5).
Regarding claim 7, Albertorio discloses the suspensory graft fixation device of claim 1, wherein the elongated anchor member is composed of titanium ([0023]).
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 of this title, 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 8-15 are rejected under 35 U.S.C. 103 as being unpatentable over Pasquali (US2015/0039026) in view of Burkhart (US2017/0105716).
Regarding claim 8, Pasquali discloses a suspensory graft fixation device for securing a replacement graft ligament in a bone tunnel ([0038]), comprising:
an elongated anchor member (body 200) comprising a top surface (206) and a bottom surface (208) extending between a first end and a second end (first end defined at end with aperture 218, second end defined at end with aperture 220, see Fig. 6);
a plurality of apertures (210/212/218/220) extending from the top surface to the bottom surface of the elongated anchor member (holes 210/212/218/220 are through holes extending through the top and bottom surface, [0041]);
wherein at least two of the plurality of apertures (218/220, see Fig. 6) are adjacent first (210) and second (212) suture receiving apertures ([0052]);
a graft supporting loop (entirety of suture length 500 and loop 506, [0051]) element attached to said anchor member, said graft supporting loop element formed of a suture comprising a first limb (502/602 and portion of 506, see annotated Fig. 6 above) and a second limb (504/604 and portion of 506, see annotated Fig. 6 above), wherein the suture is threaded through said first (210) and second (212) suture receiving apertures such that first (602) and second loops (604) are formed in the suture and extend from the bottom surface of the elongated anchor member (see annotated Fig. 6 above), while the first and second limbs extend from the top surface (see annotated Fig. 6 from the rejection of claim 1)
Pasquali is silent regarding a splice is formed in the second limb of suture extending from the top surface of the elongated anchor member; wherein the first limb extends through the splice; wherein tensioning the first loop pulls the first limb through the splice, lengthening the first loop; and wherein tensioning the second loop pulls the splice over the first suture receiving aperture. Pasquali teaches the second limb/portion of 506 is passed through the second aperture 212 and is adjacent the first limb 502 (see annotated Fig. 6 below). Further Pasquali teaches opposite ends of a suture can be spliced together for a single length of suture ([0066], Fig. 14B). Burkhart teaches a splice, where a suture passing device has been pulled through a splice region 38 of the suture, to pull a limb of the suture through the splice within a limb of the same suture forming a splice within the strand (Figs. 3-4, 27, [0023]). 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 the suture of Pasquali to include a splice, in order to provide a single suture strand for tensioning (see Pasquali’s [0066]). Further, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have the splice be formed in the second limb and extend the first limb through the splice in the second limb, as suggested by Burkhart, such that tensioning the second loop pulls the splice over the first suture receiving aperture, in order to form a flexible loop with an adjustable perimeter for the suture ([0023]).
Regarding claim 9, Pasquali/Burkhart makes obvious the suspensory graft fixation device of claim 8, Pasquali further discloses comprising a first placement aperture (218) at the first end of the elongated anchor member extending from the top surface to the bottom surface, wherein the first placement aperture is configured to receive a first placement suture therethrough (a suture length can be extended through hole 218, [0044]).
Regarding claim 10, Pasquali/Burkhart makes obvious the suspensory graft fixation device of claim 8, Pasquali further discloses comprising a second placement aperture (220) at the second end of the elongated anchor member extending from the top surface to the bottom surface, wherein the second placement aperture is configured to receive a second placement suture therethrough (a suture length can be extended through hole 220, [0044]).
Regarding claim 11, Pasquali/Burkhart makes obvious the suspensory graft fixation device of claim 8, Pasquali further discloses comprising a tether (graft 1100) connected to the first loop ([0059]).
Regarding claim 12, Pasquali/Burkhart makes obvious the suspensory graft fixation device of claim 8, Pasquali further discloses wherein first limb (502/602 and portion of 506) extends from the top surface (206) to the bottom surface (208) through the first suture receiving aperture (210) and from the bottom surface to the top surface through the second suture receiving aperture (212) (see annotated Fig. 6 from the rejection of claim 1).
Regarding claim 13, Pasquali/Burkhart makes obvious the suspensory graft fixation device of claim 8, Pasquali further discloses wherein second limb (504/604 and portion of 506) extends from the top surface (206) to the bottom surface (208) through the second suture receiving aperture (212) and from the bottom surface to the top surface through the first suture receiving aperture (210) (where length of the second limb is interpreted as starting at opening of aperture 212 and extends through the hole 212 past the top surface 206 to be passed through the bottom surface 208, see annotated Fig. 6 above).
Regarding claim 14, Pasquali/Burkhart makes obvious the suspensory graft fixation device of claim 8, Pasquali further discloses wherein the first loop is formed by the first limb (see annotated Fig. 6 above).
Regarding claim 15, Pasquali/Burkhart makes obvious the suspensory graft fixation device of claim 8, Pasquali further discloses wherein the second loop is formed by the second limb (see annotated Fig. 6 above).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 MIKAIL A MANNAN whose telephone number is (571)270-1879. The examiner can normally be reached M-F 10-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Melanie Tyson can be reached on (571)272-9062. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M.A.M/Examiner, Art Unit 3774
/THOMAS C BARRETT/SPE, Art Unit 3799