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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 07/22/2026 has been entered.
Response to Arguments
Applicant’s amendment filed 07/22/2026 is accepted and entered.
Applicant’s arguments with respect to claim(s) 1 and 11 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Mesek is now cited to disclose the claimed limitations.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1, 2, 5, 8-13, 16, 19, 20, 23, and 25 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mesek (US 2698270) as evidenced by Technical data for Barium (periodictable.com/Elements/056/data.html; available online March 23, 2018 as documented by archive.org).
Regarding Claim 1, Mesek discloses a surgical material (pad 10, Figs. 1-4) for use in surgery (Col. 1 lines 15-20, Col. 2 lines 3-24), comprising:
a planar material (gauze 14, Figs. 1-4) configured to be used in a surgical procedure (Col. 1 lines 15-20, Col. 2 lines 3-24);
a detectable element (monofilament 12, Figs. 1-4; Col. 2 lines 3-24, Col. 3 lines 41-45) coupled to the planar material (14, Figs. 1-4), wherein the detectable element (12, Figs. 1-4) is detectable via magnetic resonance imaging (Col. 2 lines 3-24, Col. 3 lines 41-45; barium can be selected as the X-ray opaque material added to the elastomer that forms the monofilament; barium is paramagnetic, which indicates the material will be detectable via MRI), wherein the detectable element (12, Figs. 1-4) is a single, gapless structure that forms an elongated strip of material (the monofilament 12 can be considered a single, gapless structure forming an elongated strip of material) that is detectable via magnetic resonance imaging (Col. 2 lines 3-24, Col. 3 lines 41-45; barium can be selected as the X-ray opaque material added to the elastomer that forms the monofilament; barium is paramagnetic, which indicates the material will be detectable via MRI), wherein the elongated strip of material comprises a magnetic permeability higher than water (Col. 2 lines 3-24, Col. 3 lines 41-45; barium can be selected as the X-ray opaque material added to the elastomer that forms the monofilament; barium is paramagnetic and since barium is paramagnetic this indicates the magnetic permeability is greater than one and therefore higher than the magnetic permeability of water) and does not have any three dimensional objects along its length (there are no objects disposed along the monofilament), wherein the elongated strip of material extends from a first edge of the planar material (14, Figs. 1-4) to a second, opposite edge of the planar material (14, Figs. 1-4; as seen in Fig. 1, the monofilament extends from a first edge of the gauze to a second opposite edge).
Regarding Claim 2, Mesek discloses the planar material is gauze (Col. 2 lines 3-24).
Regarding Claim 5, Mesek discloses the elongated strip of material that is detectable by MRI comprises barium (Col. 2 lines 3-24, Col. 3 lines 41-45; barium can be selected as the X-ray opaque material added to the elastomer that forms the monofilament; barium is paramagnetic, which indicates the material will be detectable via MRI).
Regarding Claim 8, Mesek discloses the detectable element (12, Figs. 1-4) comprises a magnetic permeability of higher than 0.05 (Col. 2 lines 3-24, Col. 3 lines 41-45; barium can be selected as the X-ray opaque material added to the elastomer that forms the monofilament; barium is paramagnetic, which indicates the material will be detectable via MRI, and also since barium is paramagnetic this indicates the magnetic permeability is greater than one).
Regarding Claims 9-10, Mesek discloses the detectable element (12, Figs. 1-4) is detectable by an imaging modality other than MRI, such as X-ray (Col. 2 lines 3-24, Col. 3 lines 41-45).
Regarding Claim 11, Mesek discloses a method of using a surgical material (pad 10, Figs. 1-4), comprising:
coupling a surgical material (pad 10, Figs. 1-4; Col. 1 lines 15-20, Col. 2 lines 3-24) to a patient (Col. 1 lines 15-20, Col. 2 lines 3-24), the surgical material (10, Figs. 1-4) comprising:
a planar material (gauze 14, Figs. 1-4) configured to be used in a surgical procedure (Col. 1 lines 15-20, Col. 2 lines 3-24);
a detectable element (monofilament 12, Figs. 1-4; Col. 2 lines 3-24, Col. 3 lines 41-45) coupled to the planar material (14, Figs. 1-4), wherein the detectable element (12, Figs. 1-4) is detectable via magnetic resonance imaging (Col. 2 lines 3-24, Col. 3 lines 41-45; barium can be selected as the X-ray opaque material added to the elastomer that forms the monofilament; barium is paramagnetic, which indicates the material will be detectable via MRI), wherein the detectable element (12, Figs. 1-4) is a single, gapless structure that forms an elongated strip of material (the monofilament 12 can be considered a single, gapless structure forming an elongated strip of material) that is detectable via magnetic resonance imaging (Col. 2 lines 3-24, Col. 3 lines 41-45; barium can be selected as the X-ray opaque material added to the elastomer that forms the monofilament; barium is paramagnetic, which indicates the material will be detectable via MRI), wherein the elongated strip of material comprises a magnetic permeability higher than water (Col. 2 lines 3-24, Col. 3 lines 41-45; barium can be selected as the X-ray opaque material added to the elastomer that forms the monofilament; barium is paramagnetic and since barium is paramagnetic this indicates the magnetic permeability is greater than one and therefore higher than the magnetic permeability of water) and does not have any three dimensional objects along its length (there are no objects disposed along the monofilament), wherein the elongated strip of material extends from a first edge of the planar material (14, Figs. 1-4) to a second, opposite edge of the planar material (14, Figs. 1-4; as seen in Fig. 1, the monofilament extends from a first edge of the gauze to a second opposite edge);
using an imaging system to detect a presence of the surgical material (Col. 1 lines 15-55, Col. 2 lines 3-24, Col. 3 lines 41-45; an X-ray can be taken after surgery to ensure no surgical pads remain inside the patient).
Regarding Claim 12, Mesek discloses wherein coupling the surgical material (10, Figs. 1-4) to the patient comprises inserting the surgical material into the patient (Col. 1 lines 15-55, Col. 2 lines 3-24).
Regarding Claim 13, Mesek discloses the planar material is gauze (Col. 2 lines 3-24).
Regarding Claim 16, Mesek discloses the elongated strip of material that is detectable by MRI comprises barium (Col. 2 lines 3-24, Col. 3 lines 41-45; barium can be selected as the X-ray opaque material added to the elastomer that forms the monofilament; barium is paramagnetic, which indicates the material will be detectable via MRI).
Regarding Claim 19, Mesek discloses the detectable element (12, Figs. 1-4) comprises a magnetic permeability of higher than 0.05 (Col. 2 lines 3-24, Col. 3 lines 41-45; barium can be selected as the X-ray opaque material added to the elastomer that forms the monofilament; barium is paramagnetic, which indicates the material will be detectable via MRI, and also since barium is paramagnetic this indicates the magnetic permeability is greater than one).
Regarding Claim 20, Mesek discloses the detectable element (12, Figs. 1-4) is detectable by an imaging modality other than MRI, such as X-ray (Col. 2 lines 3-24, Col. 3 lines 41-45).
Regarding Claim 23, Mesek discloses the elongated strip of material is a monolithic structure (Col. 2 lines 3-24; a monofilament is a monolithic structure).
Regarding Claim 25, Mesek discloses the detectable element (12, Figs. 1-4) is threaded (Col. 2 lines 3-24; a monofilament can be considered threaded as it is in the form of a thread) and the planar material (14, Figs. 1-4) is at least partially woven (Col. 2 lines 3-24; gauze is well known in the art as a woven material).
Conclusion
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/JESSICA ARBLE/ Primary Examiner, Art Unit 3781
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