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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 02/27/2026 has been entered.
Response to Arguments
Regarding the previous claim objections, the amendments to claims 1, 5, 7, and 9-13 are acknowledged and the claim objections are withdrawn.
Regarding the previous 112(b) rejection, the amendment to claim 5 is acknowledged and the 112(b) rejection is withdrawn.
Applicant’s amendments, see pages 2-3, filed 02/27/2026, with respect to the rejection(s) of claim(s) 1 to include the allowable subject matter of claim 4 is acknowledged and the rejection of claim 1 over Martin in view of Bonutti is withdrawn. Claims 1, 5, 7-12 are allowed.
Applicant’s arguments, see page 2, filed 02/27/2026, with respect to the rejection(s) of claim(s) 13 under Martin have been fully considered and are persuasive. The examiner agrees that Martin fails to disclose “a central axis of the connector hole extending along a central longitudinal axis of the asymmetrical anchor” as required in claim 13. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Vijay et al. (US 20130267998).
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 13 and 22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Vijay et al. (US 20130267998) [hereinafter Vijay].
Regarding claim 13, Vijay discloses an asymmetrical anchor (Figs. 5B-C, para. 0085) having a distal end, a proximal end and a first plane extending from the distal end to the proximal end (see annotated Fig. 5B of Vijay below), the asymmetrical anchor comprising:
a connector hole 73 formed on a proximal face of the distal end (see Figs. 5C-D) and provided entirely on a first side of the first plane (see annotated Fig. 5D below), a central axis of the connector hole 73 extending along a central longitudinal axis of the asymmetrical anchor (see Figs. 5A and 5D);
a proximal anchor body portion (interpreted as portion comprising wings 72) extending proximally from the distal end (Figs. 5A-B, para. 0085), the proximal anchor body portion 72 having a concave surface and an opposed convex bone engaging surface (see annotated Figs. 5A and 5D below), wherein a volume of the proximal anchor body portion 72 is only enclosed on the first side of the first plane by the concave surface such that the connector hole 73 is accessible from a second side of the first plane (Fig. 5D, see annotated Fig. 5B below); and
one or more teeth 80 provided on the convex bone engaging surface configured to resist proximal movement of the asymmetrical anchor when the asymmetrical anchor has been inserted in a hole with a diameter equal to or less than a maximum diameter of the asymmetrical anchor (Figs. 5B, 7-8, para. 0093, 0101).
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Annotated Fig. 5B of Vijay
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Annotated Fig. 5A of Vijay
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Annotated Fig. 5D of Vijay
Regarding claim 22, Vijay discloses wherein the central axis of the connector hole 73 extends along the central longitudinal axis of the asymmetrical anchor in a second plane that extends from the proximal end to the distal end and is orthogonal to the first plane (see annotated Fig. 5D [1] below).
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Annotated Fig. 5D of Vijay
Allowable Subject Matter
Claims 1, 5, 7, 9-12 are allowed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAUREN DUBOSE whose telephone number is (571)272-8792. The examiner can normally be reached Monday-Friday 7:30am-5:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Elizabeth Houston can be reached on 571-272-7134. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LAUREN DUBOSE/Examiner, Art Unit 3771
/SARAH A LONG/Primary Examiner, Art Unit 3771