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 in the reply filed on December 29th, 2025 is acknowledged.
Claims 4-5, 7-8 and 10-11 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 December 29th, 2025.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the reamer proximal to the distal threads must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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 9, 16-17 and 19 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 9 recites the limitations "the first end of the coil" in line 2 and “the bottom of the screw head” in lines 3-4, “the second end of the coil” in line 4 and “the screw shaft” in line 5. There is insufficient antecedent basis for these limitations in the claim. For the purpose of examination the limitations have been interpreted to read “a first end of the coil”, “a bottom of the screw head”, “a second end of the coil” and “a screw shaft”.
Claim 16 recites the limitations "the first end of the coil" in line 3 and “the bottom of the screw head” in line 4. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination the limitations have been interpreted to read “a first end of the coil” and “a bottom of the screw head”.
Claim 17 recites the limitation "the second end of the coil" in line 3. There is insufficient antecedent basis for this limitation in the claim.
For the purpose of examination, the limitation has been interpreted to read “a second end of the coil”.
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)(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.
Claims 1, 6, 9 and 15-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Morrison et al. (WO 2019/014155). Regarding claim 1, Morrison et al. disclose a surgical anchor comprising a fastener (30, figures 3A-4); and an external invertible coil (12) coupled to a proximal end of the fastener (figures 3A-4). Regarding claim 6, Morrison et al. disclose a surgical anchor comprising a screw (30) comprising distal threads (23); and a proximal head (10); and a coil (15) coupled to the screw proximal to the distal threads; wherein the screw can rotate freely within the coil in either rotational direction without driving the coil; or the diameter of the coil expands distally (figures 4-8). Regarding claim 9, Morrison et al. disclose a surgical anchor comprising a screw (30) and a coil (12); said coil having a conical shape (figure 6, during insertion), wound around the screw shaft with the first end of the coil being tapered (figure 6,during insertion) and having a ring circumference smaller than that of the screw head (figure 6) and being engaged to the bottom of the screw head and the second end of the coil being flared with a larger ring circumference and positioned along the screw shaft (figure 6, during insertion). Regarding claim 15, Morrison et al. disclose the fastener can rotate within the coil (¶71, figures 7A-7B). Regarding claim 16, Morrison et al. disclose the fastener is a screw (30) having a screw head (10); and the first end of the coil (15, figure 3C) is tapered and has a ring circumference smaller than that of the screw head and is engaged to the bottom of the screw head (figure 3C, ¶58). Regarding claim 17, Morrison et al. disclose the fastener is configured to be engaged and be turned such that the bottom of the screw head engages with the first end of the coil and the second end of the coil is configured to be compressed onto a surface of a soft tissue (¶71, figures 4-6).
Claims 1, 6, 12-14, 18 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dovesi et al. (US 2002/0165547).
Regarding claim 1, Dovesi et al. disclose a surgical anchor comprising a fastener (7); and an external invertible coil (6) coupled to a proximal end of the fastener (figures 1, 9). Regarding claim 6, Dovesi et al. disclose a surgical anchor comprising a screw (7) comprising distal threads (14); and a proximal head (13); and a coil (6) coupled to the screw proximal to the distal threads (figures 1, 9); wherein the screw can rotate freely within the coil in either rotational direction without driving the coil (¶21, ¶26); or the diameter of the coil expands distally.
Regarding claim 12, Dovesi et al. disclose a surgical anchor comprising a screw (7) and a coil (6), said screw comprising a head (13), a shaft (12) having threads (14), and a collar (16), said collar having a greater cross-sectional area than that of the shaft and the head (figures 9-11).
Regarding claim 13, Dovesi et al. disclose the external invertible coil comprises a first end (10/11) being coupled to the proximal end of the fastener (figures 1, 9); and a second end (@9) having a closed configuration such that the second end is aligned distally under an adjacent helical curve such that the second end contacts the adjacent helical curve (figures 3-4).
Regarding claim 14, Dovesi et al. disclose the coil does not pierce soft tissue (¶26, figure 1).
Regarding claim 18, Dovesi et al. disclose the coil comprises a first end (10/11) being coupled to the screw (figures 1, 9); and a second end (@9) having a closed configuration such that the second end is aligned distally under an adjacent helical curve such that the second end contacts the adjacent helical curve (figures 3-4).
Regarding claim 20, Dovesi et al. disclose the coil comprises a first end (10/11) being coupled to the screw (figures 1, 9); and a second end (@9) having a closed configuration such that the second end is aligned distally under an adjacent helical curve such that the second end contacts the adjacent helical curve (figures 3-4).
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Frigg et al. (US 2008/0306536).
Regarding claim 1, Frigg et al. disclose a surgical anchor comprising a fastener (20); and an external invertible coil (52) coupled to a proximal end of the fastener (figures 3A-4).
Claim Rejections - 35 USC § 103
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 2 is rejected under 35 U.S.C. 103 as being unpatentable over Frigg et al. (US 2008/0306536) in view of Biedermann et al. (US 2004/0015172).
Regarding claim 2, Frigg et al. disclose the fastener (20) having distal threads (figures 3A-3C) and the screw is a headless screw (figures 3A-C) and the screw comprises an annular recess (26) adapted and configured to receive a portion of the external invertible coil (52, figures 3A-3C).
Frigg et al. fail to expressly teach or disclose the fastener includes a reamer proximal to the distal threads. Biedermann et al. discloses the use of a reamer (12, figure 3 “self-cutting tip” ¶8, ¶19) proximal to distal threads (4). The reamer permitting insertion without the need of first making a bore to accommodate the screw (¶8).
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of filing to have constructed the fastener of Morrison et al. to include a reamer as taught by Biedermann et al. as it permits insertion without the need of first making a bore to accommodate the screw.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Morrison et al. (WO 2019/014155) in view of Biedermann et al. (US 2004/0015172).
Regarding claim 3, Morrison et al. disclose the fastener (30) having distal threads (23) and a head (10) having an outer diameter.
Morrison et al. fail to expressly teach or disclose the fastener includes a reamer proximal to the distal threads and has an outer diameter equal to or greater than an outer diameter of the head.
Biedermann et al. discloses the use of a reamer (12, figure 3 “self-cutting tip” ¶8, ¶19) proximal to distal threads (4). The reamer permitting insertion without the need of first making a bore to accommodate the screw (¶8).
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of filing to have constructed the fastener of Morrison et al. to include a reamer as taught by Biedermann et al. as it permits insertion without the need of first making a bore to accommodate the screw.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Morrison et al. (WO 2019/014155) in view of Dovesi et al. (US 2002/0165547).
Regarding claim 19, Morrison et al. disclose the claimed invention except for the second end of the coil is aligned distally under an adjacent helical curve such that the second end contacts the adjacent helical curve.
Dovesi et al. disclose the coil comprises a first end (10/11) being coupled to the screw (figures 1, 9); and a second end (@9) aligned distally under an adjacent helical curve such that the second end contacts the adjacent helical curve (figures 3-4) thereby facilitating insertion and preventing rotating inside the bone tunnel during and upon insertion (column 2, lines 41-46).
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of filing to have constructed the second end of the coil of Morrison et al. to be aligned distally under an adjacent helical curve such that the second end contacts the adjacent helical curve (figures 3-4) thereby facilitating insertion and preventing rotating inside the bone tunnel during and upon insertion as taught by Morrison et al.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW JAMES LAWSON whose telephone number is (571)270-7375. The examiner can normally be reached Mon - Fri 6:30-3:00.
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/MATTHEW J LAWSON/Primary Examiner, Art Unit 3619