Office Action Predictor
Application No. 17/446,259

METHOD AND APPARATUS FOR PASSING SUTURE

Non-Final OA §103§112
Filed
Aug 27, 2021
Examiner
ADAM, MOHAMMED SOHAIL
Art Unit
3771
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Maruho Medical, INC.
OA Round
1 (Non-Final)
68%
Grant Probability
Favorable
1-2
OA Rounds
3y 0m
To Grant
97%
With Interview

Examiner Intelligence

68%
Career Allow Rate
127 granted / 188 resolved
Without
With
+29.4%
Interview Lift
avg trend
3y 0m
Avg Prosecution
47 pending
235
Total Applications
career history

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
46.2%
+6.2% vs TC avg
§102
22.8%
-17.2% vs TC avg
§112
24.8%
-15.2% vs TC avg
Black line = Tech Center average estimate • Based on career data

Office Action

§103 §112
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 . Election/Restrictions Applicant’s election without traverse of Group I claims 1-8 and Species 21C-21D – shuttle with only lateral male stops in the reply filed on 05/07/2025 is acknowledged. Claims 20-23 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected device, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 05/07/2025. Drawings The drawings are objected to because the color drawings must be of sufficient quality such that all details in the drawings are reproducible in black and white in the printed patent (MPEP 608.02 and 37 CFR 1.84). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. 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 13-15 are 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 13 recites “a second jaw” in line 2 and is unclear if this is the same second jaw as introduced in claim 1, or if this is another second jaw needing to be introduced. For the purposes of examination, the Office will interpret this to mean the same second jaw as introduced in claim 1. Claims 14-15 are rejected due to their dependency on claim 13. Claim 13 recites the limitation "the shuttle second stop" in line 5. There is insufficient antecedent basis for this limitation in the claim. It is unclear if this is supposed to be in reference to the shuttle first stop, or if this is another shuttle stop needing to be introduced. For the purposes of examination, the Office will interpret the claim to mean the latter. Claims 14-15 are rejected due to their dependency on claim 13. 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. Claims 1-19 and 24-25 are rejected under 35 U.S.C. 103 as being unpatentable over Fanton et al. (US PGPub 2019/0321030), hereinafter known as “Fanton.” With regards to claim 1, Fanton discloses (Figures 6-7) a method of suturing tissue with a suture passer 188 having a shuttle 14, a first jaw 80, a second jaw 78, a first trigger 106, and a selector 112 (paragraph 191), the method comprising: selecting a first pusher 76 with the selector 112 (paragraph 191); moving the first jaw 80 toward the second jaw 78 with the first trigger 106 (paragraph 189); moving the first pusher 76 from a first pusher first position (retracted) to a first pusher second position (advanced) to move the shuttle 14 from the first jaw 80 to the second jaw 78 (figures 6a-6b; paragraphs 180-181); moving the first pusher 76 from the first pusher second position (advanced) to the first pusher first position (retracted); and moving the first jaw 80 away from the second jaw 78 with the first trigger 106 (paragraph 189). Fanton is silent to the figures 6-7 embodiment wherein the suture passer has a second trigger; moving the first pusher from the first pusher first position to the first pusher second position with the second trigger; and moving the first pusher from the first pusher second position to the first pusher first position with the second trigger. However, Fanton teaches in the figures 1a-1c embodiment, wherein the suture passer has a second trigger 10/12 (paragraph 162). The second trigger 10/12 is disclosed to “individually or in concert, advance and/or retract the upper 86 and/or lower pusher 76.” Therefore, it can be interpreted that the movement of the first 76 and second 86 pushers is controlled by the second trigger 10/12 when the first 76 and second 86 pushers are advancing and retracting in figures 6a-6d. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of the figures 6-7 embodiment of Fanton to include the second trigger as taught by the figures 1a-1c embodiment of Fanton for the purpose of providing a control to the first and second pushers (paragraph 162 of Fanton). With regards to claim 2, the combination of Fanton discloses further comprising: selecting a second pusher 86 with the selector 112 (paragraph 191); moving the first jaw 80 toward the second jaw 78 with the first trigger 106 (paragraph 189); moving the second pusher 86 from a second pusher first position (retracted) to a second pusher second position (advanced) with the second trigger 10/12 (paragraph 162; figures 1a-1c) to move the shuttle 14 from the second jaw 78 to the first jaw 80 (figures 6c-6d; paragraphs 183-185); moving the second pusher 86 from the second pusher second position (advanced) to the second pusher first position (retracted) with the second trigger 10/12 (paragraphs 162 and 186); and moving the first jaw 80 away from the second jaw 78 with the first trigger 106 (paragraphs 186). With regards to claims 3-5, the combination of Fanton discloses the method as claimed in claim 2. The combination is silent wherein selecting the first pusher with the selector comprises aligning a mover with a first engager, wherein moving the first pusher from the first pusher first position to the first pusher second position comprises advancing the first engager with the mover via the second trigger, wherein selecting the second pusher with the selector comprises aligning the mover with a second engager, and wherein moving the second pusher from the second pusher first position to the second pusher second position comprises advancing the second engager with the mover via the second trigger (claim 3); wherein the mover is connected to the second trigger, wherein the first engager is connected to the first pusher, and wherein the second engager is connected to the second pusher (claim 4); and wherein moving the first pusher from the first pusher second position to the first pusher first position comprises retracting the first engager with the mover via the second trigger, and wherein moving the second pusher from the second pusher second position to the second pusher first position comprises retracting the second engager with the mover via the second trigger (claim 5). However, Fanton teaches in the figures 32A-32B embodiment, wherein selecting the first pusher 76 with the selector 112 comprises aligning a mover 308 with a first engager 306 (figures 32A-32B; paragraphs 191 and 311-312), wherein moving the first pusher 76 from the first pusher first position (retracted) to the first pusher second position (advanced) comprises advancing the first engager 306 with the mover 308 via the second trigger 10/12 (paragraphs 162 and 311-312), wherein selecting the second pusher 86 with the selector 112 comprises aligning the mover 308 with a second engager 310 (paragraphs 191 and 311-312), and wherein moving the second pusher 86 from the second pusher first position (retracted) to the second pusher second position (advanced) comprises advancing the second engager 310 with the mover 308 via the second trigger 10/12 (paragraphs 311-312; paragraph 162 – second trigger 10/12 controls the first 76 and second 86 pushers, and therefore is indirectly connected to the mover 308 so that the mover 308 and first engager 306 can move the first pusher 76, and so that the mover 308 and second engager 310 can move the second pusher 86; claim 3); wherein the mover 308 is connected to the second trigger 10/12, wherein the first engager 306 is connected to the first pusher 76, and wherein the second engager 310 is connected to the second pusher 86 (figures 32A-32B; paragraphs 308-312; paragraph 162 – second trigger 10/12 controls the first 76 and second 86 pushers, and therefore is indirectly connected to the mover 308 so that the mover 308 and first engager 306 can move the first pusher 76, and so that the mover 308 and second engager 310 can move the second pusher 86; claim 4); and wherein moving the first pusher 76 from the first pusher second position (advanced) to the first pusher first position (retracted) comprises retracting the first engager 306 with the mover 308 via the second trigger 10/12, and wherein moving the second pusher 86 from the second pusher second position (advanced) to the second pusher first position (retracted) comprises retracting the second engager 310 with the mover 308 via the second trigger 10/12 (figures 32A-32B; paragraphs 311-312; paragraph 162 – second trigger 10/12 controls the first 76 and second 86 pushers, and therefore is indirectly connected to the mover 308 so that the mover 308 and first engager 306 can move the first pusher 76, and so that the mover 308 and second engager 310 can move the second pusher 86; claim 5). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Fanton to include the mover and the first and second engagers as taught by the figures 32A-32B embodiment of Fanton for the purpose of controlling the movements of both first and second pushers (paragraphs 308-312 of Fanton). With regards to claim 6, Fanton discloses wherein moving the first pusher 76 from the first pusher first position (retracted) to the first pusher second position (advanced) comprises advancing the first pusher 76, wherein moving the second pusher 86 from the second pusher first position (retracted) to the second pusher second position (advanced) comprises advancing the second pusher 86, wherein moving the first pusher 76 from the first pusher second position (advanced) to the first pusher first position (retracted) comprises retracting the first pusher 76, and wherein moving the second pusher 86 from the second pusher second position (advanced) to the second pusher first position (retracted) comprises retracting the second pusher 86 (figures 6a-6d; paragraphs 179-185). With regards to claim 7, the combination of Fanton discloses wherein moving the first jaw 80 toward the second jaw 78 with the first trigger 106 comprises unlocking the second trigger 10/12 (paragraph 292 – the pusher lockout prevents translation of the pushers and the shuttle 14 when the jaws are in the open position (hence not actuated by the first trigger 106 to close) that are controlled by the second trigger 10/12 as disclosed in paragraph 162). With regards to claim 8, the combination of Fanton discloses the method as claimed in claim 7. The combination is silent wherein unlocking the second trigger comprises moving a lockout gate from a lockout gate first position to a lockout gate second position with the first trigger, wherein when the lockout gate is in the lockout gate first position, movement of the second trigger is inhibited by the lockout gate, and wherein when the lockout gate is in the lockout gate second position, the second trigger is movable to move the first pusher. However, Fanton teaches in the figures 45I-45J embodiment wherein unlocking the second trigger 10/12 comprises moving a lockout gate 496 from a lockout gate first position (unactuated) to a lockout gate second position (actuated) with the first trigger 106 (paragraph 409; figures 45I and 45J), wherein when the lockout gate 496 is in the lockout gate first position (unactuated), movement of the second trigger 10/12 is inhibited by the lockout gate 496, and wherein when the lockout gate 496 is in the lockout gate second position (actuated), the second trigger 10/12 is movable to move the first pusher 76 (paragraph 409 – lockout gate 496 is rotatable to engage the locking pin 494 and push the locking pin 494 into a locking pin channel 497 to unlock the shuttle control 479 to therefore move the shuttle 14, thus the lockout gate 496 unlocks the second trigger 10/12). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Fanton to include the lockout gate as taught by the figures 45I-45J embodiment of Fanton for the purpose of locking the shuttle in place (paragraph 409 of Fanton) when the suture passer is not in use. With regards to claims 9-15, the combination of Fanton discloses the method as claimed in claim 1. The combination is silent wherein the suture passer comprises a mover, wherein the mover is lockable and unlockable, wherein the first jaw comprises having a first jaw track and a first jaw first stop, wherein the shuttle comprises having a shuttle longitudinal axis and a shuttle first stop, wherein the shuttle is movable in the first jaw track, wherein the shuttle first stop extends away from the shuttle longitudinal axis, wherein the method comprises moving the shuttle first stop into and out of the first jaw first stop, and wherein when the shuttle first stop is in the first jaw first stop, the shuttle is retained in the first jaw (claim 9); moving the mover from a mover first longitudinal position to a mover second longitudinal position; and releasably locking the mover in the mover first longitudinal position (claim 10). further comprising: moving the mover from a mover first transverse position to a mover second transverse position; and releasably locking the mover in the mover first transverse position (claim 11); further comprising releasably locking the mover in the mover second transverse position (claim 12); wherein the suture passer comprises a second jaw, wherein the second jaw comprises a second jaw track and a second jaw first stop, wherein the shuttle is movable in the second jaw track, wherein the shuttle second stop extends away from the shuttle longitudinal axis, wherein the method comprises the shuttle second stop into and out of the second jaw first stop, and wherein when the shuttle second stop is in the second jaw first stop, the shuttle is retained in the second jaw (claim 13); wherein the suture passer comprises a first jaw second stop and a second jaw second stop, wherein the shuttle first stop is movable into and out of the first jaw second stop, wherein the shuttle second stop is movable into and out of the second jaw second stop, wherein the first jaw second stop is closer to a tip of the first jaw than the first jaw first stop, wherein the second jaw second stop is closer to a tip of the second jaw than the second jaw first stop, wherein the method comprises: moving the shuttle first stop into and out of the first jaw second stop (claim 14); and wherein the first jaw first stop and the second jaw first stop comprise primary shuttle catches, and wherein the first jaw second stop and the second jaw second stop comprise secondary shuttle catches (claim 15). However, Fanton teaches in the figures 30-33B embodiments wherein the suture passer 188 comprises a mover 304 (paragraphs 302 and 304), wherein the mover 304 is lockable and unlockable (jaws 78/80, and thus the mover 304, is lockable and unlockable via lever lock 120 as disclosed in paragraph 192), wherein the first jaw 80 comprises having a first jaw track 66 and a first jaw first stop 416a (figures 33A-33B; paragraph 326), wherein the shuttle 14 comprises having a shuttle longitudinal axis and a shuttle first stop 412a (figures 33A-33B; paragraph 326), wherein the shuttle 14 is movable in the first jaw track 66 (paragraphs 180 and 195), wherein the shuttle first stop 412a extends away from the shuttle longitudinal axis (paragraph 335), wherein the method comprises moving the shuttle first stop 412a into and out of the first jaw first stop 416a, and wherein when the shuttle first stop 412a is in the first jaw first stop 416a, the shuttle 14 is retained in the first jaw 80 (figures 33A-33B; paragraphs 326-327 and 331; claim 9); moving the mover 304 from a mover first longitudinal position (retracted) to a mover second longitudinal position (advanced) (paragraphs 302 and 304 – cover pins extend laterally and is “pushed distally”); and releasably locking the mover 304 in the mover first longitudinal position (lockable via lever lock 120 as disclosed in paragraph 192; claim 10); further comprising: moving the mover 304 from a mover first transverse position (retracted) to a mover second transverse position (advanced) (paragraphs 302 and 304 – cover pins extend radially as seen in figures 30a-30b and is “pushed distally”); and releasably locking the mover 304 in the mover first transverse position (lockable via lever lock 120 as disclosed in paragraph 192; claim 11); further comprising releasably locking the mover 304 in the mover second transverse position (lockable via lever lock 120 as disclosed in paragraph 192; claim 12); wherein the suture passer 188 comprises a second jaw 78, wherein the second jaw 78 comprises a second jaw track 64 and a second jaw first stop 416b (figures 33A-33B; paragraph 326), wherein the shuttle 14 is movable in the second jaw track 64 (paragraphs 185-186), wherein the shuttle second stop 412b (figures 33A-33B; paragraph 326) extends away from the shuttle longitudinal axis (paragraph 335), wherein the method comprises the shuttle second stop 412b into and out of the second jaw first stop 416b, and wherein when the shuttle second stop 412b is in the second jaw first stop 416b, the shuttle 14 is retained in the second jaw 78 (figures 33A-33B; paragraphs 326-327 and 331; claim 13); wherein the suture passer 188 comprises a first jaw second stop 416 and a second jaw second stop 416 (paragraph 326 – “The device 188 can have, for example, 1-10 or more female shuttle stops 416” – thus each jaw can have at least a second stop – interpreted as the second stop that is closer to a tip of the respective jaw), wherein the shuttle first stop 412a is movable into and out of the first jaw second stop 416, wherein the shuttle second stop 412b is movable into and out of the second jaw second stop 416, wherein the first jaw second stop 416 is closer to a tip of the first jaw 80 than the first jaw first stop 416a, wherein the second jaw second stop 416 is closer to a tip of the second jaw 78 than the second jaw first stop 416b (figures 33A-33B; paragraphs 326-327), wherein the method comprises: moving the shuttle first stop 412a into and out of the first jaw second stop 416 (figures 6a-6d; 33A-33B – shuttle 14 moves from first jaw 80 to second jaw 78 and therefore is moved into and out of the respective jaw stops; claim 14); and wherein the first jaw first stop 416a and the second jaw first stop 416b comprise primary shuttle catches (located on the proximal side of the respective jaws, therefore are interpreted as the primary shuttle catches), and wherein the first jaw second stop 416 and the second jaw second stop 416 comprise secondary shuttle catches (located on the distal side of the respective jaws, therefore are interpreted as the secondary shuttle catches; claim 15). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Fanton to include the lockable and unlockable mover as taught by the figures 30-33 embodiments of Fanton for the purpose of locking the shuttle in place when the suture passer is not in use. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Fanton to include the first jaw first stop, the first jaw second stop, the first jaw track, the second jaw first stop, the second jaw second stop, the second jaw track, the shuttle first stop, and the shuttle second stop as taught by the figures 30-33 embodiments of Fanton for the purpose of providing incremental movement of the shuttle throughout use of the suture passer (paragraph 326 of Fanton). With regards to claims 16-19 and 24-25, the combination of Fanton discloses the method as claimed in claim 1. The combination is silent wherein the first jaw comprises having a first jaw track, a first jaw first stop, and a first jaw second stop; wherein the shuttle comprises having a shuttle longitudinal axis and a shuttle first stop, wherein the method comprises: moving the shuttle in the first jaw track, engaging the shuttle first stop and the first jaw first stop with each other, wherein when the shuttle first stop and the first jaw first stop are engaged with each other, the shuttle is retained in the first jaw, and wherein when the shuttle first stop and the first jaw second stop are engaged with each other, the shuttle is retained in the first jaw (claim 16); wherein the first jaw first stop is farther from a tip of the first jaw than the first jaw second stop (claim 17); further comprising: wherein the second jaw comprises having a second jaw track, a second jaw first stop, and a second jaw second stop, wherein the shuttle comprises a shuttle second stop, wherein the method comprises: moving the shuttle in the second jaw track, engaging the shuttle second stop and the second jaw first stop with each other, wherein when the shuttle second stop and the second jaw first stop are engaged with each other, the shuttle is retained in the second jaw, and wherein when the shuttle second stop and the second jaw second stop are engaged with each other, the shuttle is retained in the second jaw (claim 18); wherein the first jaw first stop is farther from a tip of the first jaw than the first jaw second stop, and wherein the second jaw first stop is farther from a tip of the second jaw than the second jaw second stop (claim 19); wherein the shuttle first stop extends laterally away from the shuttle longitudinal axis, and wherein the shuttle second stop extends laterally away from the shuttle longitudinal axis (claim 24); and wherein the first jaw first stop extends laterally away from the first jaw track, wherein the first jaw second stop extends laterally away from the first jaw track, wherein the second jaw first stop extends laterally away from the second jaw track, and wherein the second jaw second stop 416 extends laterally away from the second jaw track (claim 25). However, Fanton teaches in the figures 33A-33B embodiments wherein the first jaw 80 comprises having a first jaw track 66 (paragraph 175), a first jaw first stop 416a (paragraph 326), and a first jaw second stop 416 (paragraph 326 – “The device 188 can have, for example, 1-10 or more female shuttle stops 416” - thus each jaw can have at least a second stop – interpreted as the second stop that is closer to a tip of the respective jaw); wherein the shuttle 14 comprises having a shuttle longitudinal axis and a shuttle first stop 412a (paragraph 326), wherein the method comprises: moving the shuttle 14 in the first jaw track 66 (paragraphs 180-181), engaging the shuttle first stop 412a and the first jaw first stop 416a with each other (paragraphs 326-327), wherein when the shuttle first stop 412a and the first jaw first stop 416a are engaged with each other, the shuttle 14 is retained in the first jaw 80 (paragraphs 326-327; figures 6a-6b and 33A-33B), and wherein when the shuttle first stop 412a and the first jaw second stop 416 are engaged with each other, the shuttle 14 is retained in the first jaw 80 (paragraphs 326-327; figures 6a-6b and 33A-33B; claim 16); wherein the first jaw first stop 416a is farther from a tip of the first jaw 80 than the first jaw second stop 416 (first jaw second stop is interpreted as the stop closer to the tip of the first jaw 80, thus is closer to the tip than the first jaw first stop 416a; claim 17); further comprising: wherein the second jaw 78 comprises having a second jaw track 64 (paragraph 175), a second jaw first stop 416b (paragraph 326), and a second jaw second stop 416 (paragraph 326 – “The device 188 can have, for example, 1-10 or more female shuttle stops 416” - thus each jaw can have at least a second stop – interpreted as the second stop that is closer to a tip of the respective jaw), wherein the shuttle 14 comprises a shuttle second stop 412b (paragraphs 326-327), wherein the method comprises: moving the shuttle 14 in the second jaw track 64 (paragraphs 185-186), engaging the shuttle second stop 412b and the second jaw first stop 416b with each other (paragraphs 326-327), wherein when the shuttle second stop 412b and the second jaw first stop 416b are engaged with each other, the shuttle 14 is retained in the second jaw 78 (paragraphs 326-327; figures 6c-6d and 33A-33B), and wherein when the shuttle second stop 412b and the second jaw second stop 416 are engaged with each other, the shuttle 14 is retained in the second jaw 78 (paragraphs 326-327; figures 6c-6d and 33A-33B; claim 18); wherein the first jaw first stop 416a is farther from a tip of the first jaw 80 than the first jaw second stop 416, and wherein the second jaw first stop 416b is farther from a tip of the second jaw 78 than the second jaw second stop 416 (first jaw second stop is interpreted as the stop closer to the tip of the first jaw 80, thus is closer to the tip than the first jaw first stop 416a; claim 19); wherein the shuttle first stop 412a extends laterally away from the shuttle longitudinal axis, and wherein the shuttle second stop 412b extends laterally away from the shuttle longitudinal axis (paragraph 335 – “The male shuttle stops 412 can extend away from and/or toward a longitudinal axis of the shuttle 14”; claim 24); and wherein the first jaw first stop 416a extends laterally away from the first jaw track 66, wherein the first jaw second stop 416 extends laterally away from the first jaw track 66, wherein the second jaw first stop 416b extends laterally away from the second jaw track 64, and wherein the second jaw second stop 416 extends laterally away from the second jaw track 64 (paragraph 335 – “The female shuttle stops 416 can extend away from and/or toward a longitudinal axis of a jaw track (e.g., tracks 66 and 64)”; claim 25). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Fanton to include the first jaw first stop, the first jaw second stop, the first jaw track, the second jaw first stop, the second jaw second stop, the second jaw track, the shuttle first stop, and the shuttle second stop as taught by the figures 33A-33B embodiments of Fanton for the purpose of providing incremental movement of the shuttle throughout use of the suture passer (paragraph 326 of Fanton). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMED S ADAM whose telephone number is (571)272-8981. The examiner can normally be reached 8-5. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jackie Ho can be reached at 571-272-4696. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /MOHAMMED S ADAM/Examiner, Art Unit 3771 08/08/2025 /KATHERINE SHI/Primary Examiner, Art Unit 3771
Read full office action

Prosecution Timeline

Aug 27, 2021
Application Filed
Aug 15, 2025
Non-Final Rejection — §103, §112
Apr 07, 2026
Response after Non-Final Action

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Prosecution Projections

1-2
Expected OA Rounds
68%
Grant Probability
97%
With Interview (+29.4%)
3y 0m
Median Time to Grant
Low
PTA Risk
Based on 188 resolved cases by this examiner