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 .
According to the Amendment after non-final filed on 2/26/26, Claim 1 is amended, claims 4-15 are added.
Claim Rejections - 35 USC § 102
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) 1-15 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Slepian (US 20160051735 A1).
Slepian discloses a tissue graft for a prepared cavity in a portion of bone figs 5-8, 10 (para. 16) comprising: a connective tissue unit fig. 10a defining a connective tissue body configured for an installation into the prepared cavity; and wherein said connective tissue body further includes a set of sensors figs 5-8, 10a-b, para. 150; and wherein each said sensor of said set of sensors includes a bioreceptor and a transducer communicated to said bioreceptor para. 150; wherein each said bioreceptor is configured to produce a recognition event upon a recognition of a target analyte para. 150; and wherein each said transducer is configured, responsive to said recognition event, to produce a recognition signal para. 150, wherein one or more of said sensors of said set of sensors are selected from the group consisting of a general sensor, a biologic sensor, a mechanical sensor, and combinations thereof (para. 148-149). wherein said set of sensors include one or more force, load and displacement sensors directly at a graft/bone interface para. 148-149, the bioreceptor selected from the group consisting of enzymes, antibodies, nucleic acids, and aptamers para. 150; and wherein the biosensor is configured to detect a specific biological analyte associated with infection, inflammation, healing response, or tissue integration at the graft-tissue interface para 208, 215-216, wherein the bioreceptor comprises an antibody para. 150 capable for detecting an infection biomarker, wherein the bioreceptor comprises an enzyme para. 148, 150 capable to catalyze a reaction indicative of inflammatory activity, wherein the bioreceptor comprises a nucleic acid or aptamer para. 150 capable for selective molecular binding, wherein the biological analyte is selected from leukocyte esterase, alpha-defensin, cytokines, nitrates, bacterial metabolites, oxygen concentration, pH, or inflammatory debris para. 33, 148, wherein the transduction element comprises an electrode, capacitor, transistor, or field-effect transistor para. 28, 42, 47, wherein the biosensor is integrated within a nanoscale electronic circuit configured for wireless data transmission para. 131, 149, wherein the biosensor is embedded within the connective tissue body para. 25, 126, figs 9a-g, wherein the biosensor is positioned along a surface of the graft body configured to contact host tissue para. 25. Fig. 1-8, wherein the connective tissue graft is selected from a tendon graft, ligament graft, autograft, or allograft para. 67, wherein the graft is capable for fixation within a bone tunnel.
Response to Arguments
Applicant’s arguments with respect to claim(s) 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.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMEH RAAFAT BOLES whose telephone number is (571)270-5537. The examiner can normally be reached 9-5 pm.
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/SAMEH R BOLES/Primary Examiner, Art Unit 3775
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