Prosecution Insights
Last updated: April 19, 2026
Application No. 17/679,196

SURGICAL ACCESS DEVICE HAVING A VARIABLE TISSUE APPROACH ANGLE

Non-Final OA §102§103
Filed
Feb 24, 2022
Examiner
SUMMITT, LYNNSY M
Art Unit
3773
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Cilag GmbH International
OA Round
1 (Non-Final)
68%
Grant Probability
Favorable
1-2
OA Rounds
3y 7m
To Grant
99%
With Interview

Examiner Intelligence

Grants 68% — above average
68%
Career Allow Rate
466 granted / 683 resolved
-1.8% vs TC avg
Strong +44% interview lift
Without
With
+43.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 7m
Avg Prosecution
14 currently pending
Career history
697
Total Applications
across all art units

Statute-Specific Performance

§101
3.1%
-36.9% vs TC avg
§103
36.9%
-3.1% vs TC avg
§102
29.1%
-10.9% vs TC avg
§112
20.0%
-20.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 683 resolved cases

Office Action

§102 §103
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 Election/Restrictions Claim s 35, 39, 44-47, and 49 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species , there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/4/2025 . 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) 52 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Prior et al. (Pub. No. US 2015/0038994A1). Regarding claim 52, Prior et al. discloses a surgical device 200 comprising: (a) a proximal structure extending along a longitudinal axis (figure 6A) , wherein the proximal structure includes an entry port 206a disposed on a first side of the longitudinal axis, wherein the entry port 206a is configured to receive a suture device (figure 6A) ; and (b) a cannula 202 extending distally from the proximal structure and having a distal end configured to pass through tissue and into a body cavity of a patient (figure 6A) , wherein the cannula 202 includes:(i) a working channel 205 (figure 6B) sized and configured to receive a surgical instrument axially therethrough (figure 13) , (ii) an elongate exit port 206a configured to receive the suture device (figures 6A and 13) , wherein the elongate exit port 206a is disposed on a second side of the longitudinal axis (figure 6A) , and (iii) a seal configured to cover the elongate exit port and prevent fluids from entering the working channel (paragraph 0108) , wherein the entry port 206a is configured to cooperate with the elongate exit port 206a to define a suture path that extends across the working channel (figure 6A) , wherein the elongate exit port 206a is configured to allow a suture device to pass along the suture path at multiple discrete suture path angles relative to the longitudinal axis (due to the elongate form of the exit port 206a, the suture device can pass along the suture path at multiple discrete suture path angles) . 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. Claim (s) 34, 36, 38, 40, 41, 42 is/are rejected under 35 U.S.C. 103 as being unpatentable over Auerbach et al. (Pub. No. US 20130079597 A1 ) in view of Beeley et al. (Pub. No. US 2011/0112557 ) . Regarding claim 34, Auerbach et al. discloses a s urgical device 100 comprising: (a) a proximal structure 150 extending along a longitudinal axis, wherein the proximal structure includes: (i) a first entry port 154 disposed on a first side of the longitudinal axis; and (b) a cannula 104 extending distally from the proximal structure and having a distal end configured to pass through tissue and into a body cavity of a patient (figure 2) , wherein the cannula 104 includes: (i) a working channel 106 sized and configured to receive a surgical instrument axially therethrough (figure 2) , (ii) a first exit port 114 disposed on a second side of the longitudinal axis (figure 2) , wherein the first entry port 154 is configured to cooperate with the first exit port 114 to define a first suture path passing from the first side to the second side and having a first angle relative to the longitudinal axis (figure 3) , wherein the first suture path is configured to receive suture therethrough (figure 6D) . Auerbach et al. discloses the claimed invention except wherein the proximal structure comprises (ii) a second entry port disposed on the first side of the longitudinal axis and (iii) a second exit port disposed on the second side of the longitudinal axis ; wherein the second entry port is configured to cooperate with the second exit port to define a second suture path passing from the first side to the second side and having a second angle relative to the longitudinal axis, wherein each of the first and second suture paths is configured to receive suture therethrough. However, Beeley et al. teaches wherein a surgical device for guiding sutures comprises (ii) a plurality of suture paths 28, each comprising an entry port disposed on the first side of the longitudinal axis and (iii) a n exit port disposed on the second side of the longitudinal axis ; wherein each of the entry port s is configured to cooperate with an exit port to define a suture path 28 passing from the first side to the second side and having a respective angle relative to the longitudinal axis, wherein each of the first and second suture paths is configured to receive suture therethrough (figures 5-7; paragraphs 0116-0117) . Beeley et al. teaches that it is advantageous to provide a suture guiding device with a plurality of suture paths having different angles for the purpose of providing a device which can be used with a wider range of patients, regardless of the thickness of the patient’s fat layer (paragraphs 0116-0117). It would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to modify the surgical device disclosed by Auerback et al. to have a plurality of suture paths vertically spaced from one another, the plurality of suture paths each comprising an entry port disposed on the first side of the longitudinal axis and (iii) a n exit port disposed on the second side of the longitudinal axis ; wherein each of the entry port s is configured to cooperate with an exit port to define a suture path passing from the first side to the second side and having a respective angle relative to the longitudinal axis, wherein each of the first and second suture paths is configured to receive suture therethrough (figures 5-7; paragraphs 0116-0117), for the purpose of providing a device which can be used with a wider range of patients, regardless of the thickness of the patient’s fat layer (paragraphs 0116-0117). Regarding claim 36, as modified, Auerback et al. and Beeley teach wherein the proximal structure includes a third entry port disposed on the first side of the longitudinal axis , since Beeley teaches at least three suture paths originating on the same side of the device (figures 5-7 of Beeley ) . Regarding claim 37, as modified, Auerback et al. and Beeley teach wherein the cannula includes a third exit port disposed on the second side of the longitudinal axis, wherein the third entry port is configured to cooperate with the third exit port to define a third suture path passing from the first side to the second side and having a third angle relative to the longitudinal axis since Beeley teaches at least three suture paths exiting on the same side of the device (figures 5-7 of Beeley ) . Regarding claim 38, as modified, Auerback et al. and Beeley teach wherein the second entry port is proximal of the third entry port (figures 5-7 of Beeley show the first, second and third ports) . Regarding claim 40, as modified, Auerback et al. and Beeley teach wherein the first entry port is proximal of the second entry port (figures 5-7 of Beeley show the first, second and third ports) . Regarding claim 41, the first entry port 154 is configured to cooperate with the second exit port to define a third suture path extending from the first side to the second side and having a third angle relative to the longitudinal axis (any of the entry ports can be used with any of the exit ports to form a suture path because the interior of the cannula is hollow and there is no defined pathway from the entry ports to the exit ports) . Regarding claim 42, as modified, the proximal structure further includes a third entry port disposed on the first side of the longitudinal axis, wherein the cannula further includes a third exit port disposed on the second side of the longitudinal axis ( Beeley et al. teaches three suture paths having entry and exit ports disposed on opposing sides of the device, figures 5-7) , wherein the third entry port is configured to cooperate with any of the first exit port, the second exit port, or the third exit port to define a fourth suture path extending from the first side to the second side and having a fourth angle relative to the longitudinal axis (any of the entry ports can be used with any of the exit ports to form a suture path because the interior of the cannula is hollow and there is no defined pathway from the entry ports to the exit ports) . Allowable Subject Matter Claims 43, 48, 50, and 51 are allowed. Claim 53 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter: Regarding claim 43, none of the prior art discloses nor suggests an adjustable entry port that is configured to move relative to the proximal structure between a plurality of entry port positions each defining a respective suture path angle. The closest prior art, Prior (Pub. No. US 20150038994 A1) discloses a similar invention, but the entry port 206a is not adjustable relative to the proximal structure. Regarding claim 53, none of the prior art discloses nor suggests a cannula having a recessed portion with a sleeve fitted therearound so that the sleeve sits flush with an outer surface of the remainder of the cannula. Prior (Pub. No. US 20150038994 A1) discloses a plurality of seals/sleeves in figures 25-28, but none of the cannulas have a recessed portion with the sleeve seated therein and flush with the remainder of the cannula. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO form 892. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lynnsy S ummitt whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)270-7856 7856. The examiner can normally be reached on Monday through Thursday from 8am until 5pm. If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Eduardo Robert, at (571) 272-4719 . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /LYNNSY M SUMMITT/ Primary Examiner, Art Unit 3773
Read full office action

Prosecution Timeline

Feb 24, 2022
Application Filed
Mar 27, 2026
Non-Final Rejection — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12582528
Systems for Sacroiliac Joint Stabilization
2y 5m to grant Granted Mar 24, 2026
Patent 12582529
Sacroiliac Joint Stabilization Prostheses
2y 5m to grant Granted Mar 24, 2026
Patent 12575865
Implant System for Bone Fixation
2y 5m to grant Granted Mar 17, 2026
Patent 12551348
Systems for Sacroiliac Joint Stabilization
2y 5m to grant Granted Feb 17, 2026
Patent 12544231
Systems for Sacroiliac Joint Stabilization
2y 5m to grant Granted Feb 10, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

1-2
Expected OA Rounds
68%
Grant Probability
99%
With Interview (+43.6%)
3y 7m
Median Time to Grant
Low
PTA Risk
Based on 683 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month