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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 2/5/26 has been entered.
Response to Arguments
After a careful review of the Applicant’s representative point of view and after carefully examining the previous rejection, the Examiner is maintaining the previous rejection. The Examiner acknowledge the suggested language on the Advisory Action Mailed on January 2, 2026 in order to overcome the previous rejection. However, it seems like the Lunn et al reference is disclosing the suggested language. For example, Lunn et al is disclosing an anchor member (40) and a single flexible member (60) including a medial portion attached to the screw (40) (See figure below and paragraph 20) and with two distal free ends (61) (see figure below). For the reasons above, the Examiner believes the previous rejection is still proper.
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In the configuration above the first and second free ends are both attached to the same adjustable anchor assembly.
Therefore, it would have been obvious to one ordinary skill in the art to move one free end (61) of the first flexible member (60) of the Lunn et al reference and attached it to the first adjustable anchor assembly and the second free end (61) attached it to the second adjustable anchor assembly as disclosed by the Bonner et al reference, as shown below.
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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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 2, 4, 5, 7, 8 are rejected under 35 U.S.C. 103 as being unpatentable over Lunn et al US Patent Pub. 2009/0112270A1 in view of Bonner et al US Patent Pub. 2021/0251741A1.
Regarding claims 1, 2 and 7, Lunn et al discloses a kit for reconstructing a tendon (see Fig. 4C), comprising:
a first anchor member (40);
a first flexible member (60) including a medial portion (see figure above) configured to engage the first anchor member, and a first free end (61) and a second free end (61) opposite the medial portion and the first anchor member (40);
a second anchor member (inherent, the same as element 40);
a second flexible member (inherent, the same as element 60, shown in Fig. 4C) including a medial portion configured to engage the second anchor member, and a first free end and a second free end opposite the medial portion and the second anchor member;
a first adjustable anchor (10) assembly including a first outer member (20) and a first inner member (30) configured to axially translate within a first lumen of the first outer member in response to rotation of the first inner member relative to the first outer member (See Figs. 1-4D); and
a second adjustable anchor (inherently, the second adjustable anchor) assembly include a second outer member and a second inner member configured to axially translate within a second lumen of the second outer member in response to rotation of the second inner member relative to the second outer member.
Lunn et al does not disclose a collagen implant.
Bonner et al discloses a kit (100. See Figs. 2-4) comprising a collagen implant (1300, see paragraph 11), two anchor members (1100a, 1100c), flexible members (1200) and two adjustable anchors (1200b and 1200d) for the purpose of providing multiple surgical options for tendon tears, such as, partial repair, tendon transfers, capsular reconstruction and joint arthroplasty.
It would have been obvious to one ordinary skill in the art at the time the invention was made to modify the Lunn et al reference by adding an allograft or autograft in order to provide multiple surgical options for tendon tears, such as, partial repair, tendon transfers, capsular reconstruction and joint arthroplasty.
Regarding claim 4, see Fig. 18 of the Bonner et al reference showing how one adjustable anchor is interconnected by both anchor members by two flexible sutures.
Regarding claim 5, see Figure 2.
Regarding claim 8, see paragraph 40 of the Bonner et al reference disclosing a suture tape.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALVIN J STEWART whose telephone number is (571)272-4760. The examiner can normally be reached Monday-Friday 8:30AM-6PM EST.
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/ALVIN J STEWART/Primary Examiner, Art Unit 3799 3/5/26