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 of Invention I (claim 1-9) and Species a (Fig. 10) in the reply filed on 11/19/25 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 10-17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/19/25.
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) 1, 5, and 6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Willard et al. (5,219,335).
Willard discloses the following claimed limitations:
Claim 1: A proximal handle (12, see figure below) connected to a distal guide end (see figure below) by a shaft (see figure below); at least a first lumen (22) and a second lumen (24) (Fig. 1 and Col. 3 Lines 37-40), the first and second lumens extending through the handle and the shaft (Fig. 1); and a third lumen (see figure below) extending through the guide end (see figure below); wherein the first lumen and second lumens converge into the third lumen at the guide end (see figure below).
Claim 5: wherein the guide end is angled relative to a longitudinal axis of the handle and shaft by an angle between about 0 and 90 degrees (see figure below where it is at 0 degrees).
Claim 6: wherein the first lumen and the second lumen are stacked in a direction of the guide end angle (see figure below where they are stacked along the longitudinal axis).
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Claim(s) 1 and 3-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hayhurst (5,810,848).
Hayhurts discloses the following claimed limitations:
Claim 1: A proximal handle (see figure below) connected to a distal guide end (see figure below) by a shaft (see figure below); at least a first lumen (22) and a second lumen (24) (Fig. 2-3 and Col. 2 Lines 36-47), the first and second lumens extending through the handle and the shaft (see figure below); and a third lumen (see figure below) extending through the guide end (see figure below); wherein the first lumen and second lumens converge into the third lumen at the guide end (see figure below and Col. 2 Lines 36-47).
Claim 3: wherein an anchor introducer (60) (Fig. 2-5) engageable to a suture anchor (44, 46, 48, 50) (Fig. 2-5) at a distal end is positioned in the second lumen such that the suture anchor is extendable out of the second lumen, through the third lumen, and past the guide end (Fig. 2-5)
Claim 4: wherein the guide end comprises a pointed or serrated tip (34) (Fig. 2-3 and Col. 2 Lines 52-55).
Claim 5: wherein the guide end is angled relative to a longitudinal axis of the handle and shaft by an angle between about 0 and 90 degrees (see figure below where it is at 0 degrees).
Claim 6: wherein the first lumen and the second lumen are stacked in a direction of the guide end angle (see figure below where they are stacked along the longitudinal axis).
Claim 7: wherein the first lumen, the second lumen, and the third lumen each comprise a plurality of apertures (Fig. 2-12 where each have the distal opening where the lumen ends, the proximal opening where the lumen starts, and the second and third lumen have the slot 70 which is an opening on the side).
Claim 8: wherein a suture slot (70) extends from the guide end to a position on the shaft (Fig. 12 and Col. 4 Lines 30-37).
Claim 9: wherein the first lumen and/or the second lumen comprises a spring-loaded button (12) (Fig. 1 that when pressed causes the rod 60 in the second lumen to move the anchors through the lumen).
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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.
Claim(s) 1-3 and 5-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hoeppnner (2015/0250469) in view of Fortier et al. (4,661,110).
Claim 1:
Hoeppner discloses an anchor drill device (20) (Fig. 3-5) comprising a distal guide end (70) (Fig. 2a-5 and [0033]) and a shaft (60) (Fig. 2a-5); at least a first lumen (66) and a second lumen (68) (Fig. 2a-5 and [0033]), the first and second lumens extending through the shaft (Fig. 2a-5); and a third lumen (76) (Fig. 2a-5 and [0033]) extending through the guide end (Fig. 2a-5 and [0033]); wherein the first lumen and second lumens converge into the third lumen at the guide end (Fig. 2a-5 and [0033]).
Hoeppner teaches all the claimed limitations discussed above however, Hoeppner does not disclose a handle connected to the distal guide by the shaft where the first and second lumen extend through the shaft and handle.
Fortier discloses a handle (16) (Fig. 1 and 5-6) which is connected to the distal guide (14) by the shaft (12) (Fig. 1) where the first and second lumens extend through the shaft and the handle (Fig. 1).
It would have been obvious to a person having ordinary skill in the art at the time the invention was filed to provide Hoeppner with the handle of Fortier, in order to facilitate the use of the device for various purposes and allow the easier interchangeability and closure of each opening (Col. 1 Lines 37-47).
Claim 2: Hoeppner further discloses a drill stem (124) terminating in a distal drill tip (distal end as seen in Fig. 1) is positioned in the first lumen (Fig. 5) such that the distal drill tip is extendable out of the first lumen, through the third lumen, and past the guide end (Fig. 5).
Claim 3: Hoeppner wherein an anchor introducer (116) engageable to a suture anchor (30) at a distal end is positioned in the second lumen such that the suture anchor is extendable out of the second lumen, through the third lumen, and past the guide end (Fig. 6-7) .
Claim 5: Hoeppner discloses wherein the guide end is angled relative to a longitudinal axis of the handle and shaft by an angle between about 0 and 90 degrees (see figure below where it is at 0 degrees).
Claim 6: Hoeppner discloses that the first lumen and the second lumen are stacked in a direction of the guide end angle (see figure below where they are stacked along the longitudinal axis).
Claim 7: Hoeppner discloses that the first lumen, the second lumen, and the third lumen each comprise a plurality of apertures (Fig. 4-7 where each have the distal opening where the lumen ends, the proximal opening where the lumen starts, and the second lumen has the opening at the side where 90 is located).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited prior art appears to teach the claimed limitations when considered alone or in combination.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DIANNE DORNBUSCH whose telephone number is (571)270-3515. The examiner can normally be reached Monday-Wednesday 9 am-3 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Elizabeth Houston can be reached at (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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/DIANNE DORNBUSCH/Primary Examiner, Art Unit 3771