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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/17/2025 has been entered.
Response to Arguments
Applicant’s arguments with respect to the 35 U.S.C. § 102 and 103 rejections of claim(s) 1-20 have been considered but are moot in view of the new grounds for rejection.
Applicant has amended claims 35, 49, and 54 to recite “high-strength polyethylene.”
In response to Applicant’s amendment Examiner has added reference Haselby (US PUB No.: US 2014/0188212).
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) 35, 40-42 and 49-52 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lu (US Pub No.: 2010/0292791) in view of Stone (US Pub No.: 2010/0292792), Goreman (US Pub No.: 2018/0168791) and Haselby (US PUB No.: US 2014/0188212).
Regarding claim 35, Lu (US Pub No.: 2010/0292791) discloses a braided construct strand (a mesh is disclosed in [0211], with a mesh defined as woven fibers, where woven and braided . Braiding disclosed in [0047]), comprising: a first winded subassembly braided together with at least a second winded subassembly (weaving of a plurality of fibers with each other in [0211]. As the abstract discloses a soft-tissue repair, a would treatment is occurring), wherein, prior to the first winded subassembly being braided together with the second winded subassembly (in [0211]), the first winded subassembly is comprised of at least a first fiber winded around a first high-strength collagen fiber (collagen in [0200] and [0234] to comprise an implant in the abstract and [0211]), wherein, prior to the first winded subassembly being braided together with the second winded subassembly, the second winded subassembly is comprised of at least a second fiber winded around a second high-strength collagen fiber (as a plurality of fibers are disclosed in the mesh in [0211] with collagen in [0200] and [0234], a second layer of the mesh (with multiple meshes disclosed in [0305]) comprising of a collagen fiber is implied. High strengths disclosed in [0217] and a control of materials to increase a strength in [0236]).
However, Lu does not explicitly disclose a braiding of materials. Instead, Stone (US Pub No.: 2010/0292792) does teach a braiding pattern for fibers in [0013] and [0048]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a braided pattern for a plurality of fibers found in Stone into the meshed device of Lu in order to allow a setting of a desired level of tension, elasticity, and load carrying capacity of the meshed member via the braiding of the fibers, as disclosed in [0048].
From here, Lu and Stone does not teach details with respect to the collagen fibers being in a non-braided fashion. Instead, Goreman (US Pub No.: 2018/0168791) teaches a non-braided fiber (non-braided threads in [0024]. Collagen in [0020]. While braiding is present in [0020], the collagen being disclosed as “can be braided or they can be hollow tubular structures” implies that braiding is not required here). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate non-braided threads as presented in Gorman into Lu and Stone for the purpose of providing a parallel thread arrangement that can support other threads (i.e. two threads that can support a collagen fiber thread) without increasing the number of thread intersections, as disclosed in [0066].
Lu in view of Stone and Goreman does not teach that the first fiber and the second fiber are high-strength polyethylene.
Instead, Haselby (US PUB No.: US 2014/0188212) teaches that the first fiber and the second fiber are high-strength polyethylene (ultra-high molecular weight polyethylene in [0051], where UHMWPE is known in the art to have a high-strength. Winding of said filamentary material in [0051] and [0060]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the ultra-high molecular weight polyethylene of Haselby into the combination involving Lu in place of the first and second fibers to provide fibers known in the art to have a fiber known in the art to have a high impact strength when compared to other thermoplastics.
Regarding claim 40, Lu in view of Stone Goreman and Haselby teach the braided strand of claim 35, wherein Lu discloses that, prior to the first winded subassembly being braided together with the second winded subassembly, the first winded subassembly includes two fibers winded around the first high-strength collagen fiber, the two fibers including said first fiber (as woven fibers for use in a mesh is disclosed in [0211], Lu teaches a plurality of fibers such that at least two fibers are present. As a mesh is also disclosed here, the synthetic fibers of Lu are winded about non-synthetic fibers comprising collagen, disclosed in [0237], as per the structure of a mesh).
From here, Lu and Stone does not teach details with respect to the collagen fibers being in a non-braided fashion. Instead, Goreman (US Pub No.: 2018/0168791) teaches a non-braided fiber (non-braided threads in [0024]. Collagen in [0020]. While braiding is present in [0020], the collagen being disclosed as “can be braided or they can be hollow tubular structures” implies that braiding is not required here). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate non-braided threads as presented in Gorman into Lu and Stone for the purpose of providing a parallel thread arrangement that can support other threads (i.e. two threads that can support a collagen fiber thread) without increasing the number of thread intersections, as disclosed in [0066].
Lu in view of Stone and Goreman does not teach that the first fiber and the second fiber are high-strength polyethylene.
Instead, Haselby (US PUB No.: US 2014/0188212 teaches that the first fiber and the second fiber are high-strength polyethylene (ultra-high molecular weight polyethylene in [0051], where UHMWPE is known in the art to have a high-strength. Winding of said filamentary material in [0051] and [0060]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the ultra-high molecular weight polyethylene of Haselby into the combination involving Lu in place of the first and second fibers to provide fibers known in the art to have a fiber known in the art to have a high impact strength when compared to other thermoplastics.
Regarding claim 41, Lu in view of Stone Goreman and Haselby teach the braided strand of claim 40, wherein one of the two fibers is winded around the first high-strength collagen fiber in a clockwise direction and the other of the two fibers is winded around the first high-strength collagen fiber in a counterclockwise direction such that the two fibers repeatedly cross one another while extending in a longitudinal direction along the first high-strength collagen fiber (as a mesh is disclosed in [0211], a clockwise and counterclockwise winding are implied by the structure of a mesh known in the art). Additionally, as per figure 1 of Stone, with the fibers being parts 12 as per [0044], a clockwise and counterclockwise winding is shown. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a braided pattern for a plurality of fibers found in Stone into the meshed device of Lu in order to allow a setting of a desired level of tension, elasticity, and load carrying capacity of the meshed member via the braiding of the fibers, as disclosed in [0048].
Regarding claim 42, Lu in view of Stone Goreman and Haselby teach the braided strand of claim 35 further comprising at least a first additional synthetic fiber braided together with the first winded subassembly and the second winded subassembly (as woven synthetic fibers for use in a mesh is disclosed in [0211], Lu teaches a plurality of synthetic fibers such that one can be defined as a first additional synthetic fiber. As a mesh is also disclosed here, the synthetic fibers of Lu are winded about the non-synthetic fibers comprising collagen that comprise a would subassembly).
Regarding claim 49, Lu in view of Stone Goreman and Haselby teach a braided construct, comprising: a number of winded subassemblies braided together with a number of additional synthetic fibers (a mesh is disclosed in [0211], with a mesh defined as woven fibers, where woven and braided . Braiding disclosed in [0047], synthetic fibers in [0210]-[0211]), wherein the number of winded subassemblies is greater than the number of additional synthetic fibers (as multiple layers are disclosed in [0239] and [0305] with multiple synthetic fibers disclosed in [0211], it stands to reason that the number of layers may exceed a number of fibers that are defined as “additional fibers.” Examiner notes that the “additional synthetic fibers” implies that these fibers are in addition to a baseline amount of standard synthetic fibers), wherein the number of winded subassemblies includes a first winded subassembly (being the mesh that is formed from weaving of a plurality of fibers with each other in [0211]. As the abstract discloses a soft-tissue repair, a would treatment is occurring), wherein, prior to the number of winded subassemblies being braided together with the number of additional synthetic fibers (in [0211]), the first winded subassembly includes at least a first fiber winded around a first high-strength collagen fiber (as high strength collagen fibers are disclosed in [0200] and synthetic fibers are disclosed in [0211], with a mesh of a plurality of fibers disclosed in [0211], a weaving of a plurality of fibers together wherein a synthetic fiber may be winded around a collagen fiber is possible in [0211]).
From here, Lu and Stone does not teach details with respect to the collagen fibers being in a non-braided fashion. Instead, Goreman (US Pub No.: 2018/0168791) teaches a non-braided fiber (non-braided threads in [0024]. Collagen in [0020]. While braiding is present in [0020], the collagen being disclosed as “can be braided or they can be hollow tubular structures” implies that braiding is not required here).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate non-braided threads as presented in Gorman into Lu and Stone for the purpose of providing a parallel thread arrangement that can support other threads (i.e. two synthetic threads that can support a collagen fiber thread) without increasing the number of thread intersections, as disclosed in [0066].
Lu in view of Stone and Goreman does not teach that the first fiber is a high-strength polyethylene.
Instead, Haselby (US PUB No.: US 2014/0188212 teaches that the first fiber is a high-strength polyethylene (ultra-high molecular weight polyethylene in [0051], where UHMWPE is known in the art to have a high-strength. Winding of said filamentary material in [0051] and [0060]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the ultra-high molecular weight polyethylene of Haselby into the combination involving Lu in place of the first and second fibers to provide fibers known in the art to have a fiber known in the art to have a high impact strength when compared to other thermoplastics.
Regarding claim 50, Lu in view of Stone Goreman and Haselby teach the braided construct of claim 49, wherein Lu discloses the first winded subassembly also includes a second fiber (as high strength collagen fibers are disclosed in [0200] with a mesh of a plurality of fibers disclosed in [0211], a weaving of a plurality of fibers together wherein a synthetic fiber may be winded around a collagen fiber is possible in [0211]), wherein, prior to the number of would subassemblies being braided together with the number of additional synthetic fibers, the second fiber is winded around the first high-strength collagen fiber (winding implied in [0211] where a mesh is disclosed), and wherein, prior to the number of winded subassemblies being braided together with the number of additional synthetic fibers, the first fiber is winded around the first high-strength collagen fiber in a clockwise direction and the second fiber is winded around the first high-strength collagen fiber in a counterclockwise direction such that the first fiber and the second fiber repeatedly cross one another while extending in a longitudinal direction along the first high-strength collagen fiber (as a mesh is disclosed in [0211], a clockwise and counterclockwise winding are implied by the structure of a mesh known in the art).
From here, Lu and Stone does not teach details with respect to the collagen fibers being in a non-braided fashion. Instead, Goreman (US Pub No.: 2018/0168791) teaches a non-braided fiber (non-braided threads in [0024]. Collagen in [0020]. While braiding is present in [0020], the collagen being disclosed as “can be braided or they can be hollow tubular structures” implies that braiding is not required here). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate non-braided threads as presented in Gorman into Lu and Stone for the purpose of providing a parallel thread arrangement that can support other threads (i.e. two synthetic threads that can support a collagen fiber thread) without increasing the number of thread intersections, as disclosed in [0066].
Lu in view of Stone and Goreman does not teach that the first fiber and the second fiber are high-strength polyethylene.
Instead, Haselby (US PUB No.: US 2014/0188212 teaches that the first fiber and the second fiber are high-strength polyethylene (ultra-high molecular weight polyethylene in [0051], where UHMWPE is known in the art to have a high-strength. Winding of said filamentary material in [0051] and [0060]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the ultra-high molecular weight polyethylene of Haselby into the combination involving Lu in place of the first and second fibers to provide fibers known in the art to have a fiber known in the art to have a high impact strength when compared to other thermoplastics.
Regarding claim 51, Lu in view of Stone Goreman and Haselby teach the braided construct of claim 49, wherein Lu discloses the first fiber is winded around the first high-strength collagen fiber at a pitch expressed as a number of turns per inch (as a mesh is disclosed in [0211], a clockwise and counterclockwise winding are implied by the structure of a mesh known in the art).
Lu in view of Stone and Goreman does not teach that the first fiber is a high-strength polyethylene.
Instead, Haselby (US PUB No.: US 2014/0188212 teaches that the first fiber is a high-strength polyethylene (ultra-high molecular weight polyethylene in [0051], where UHMWPE is known in the art to have a high-strength. Winding of said filamentary material in [0051] and [0060]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the ultra-high molecular weight polyethylene of Haselby into the combination involving Lu in place of the first and second fibers to provide fibers known in the art to have a fiber known in the art to have a high impact strength when compared to other thermoplastics.
Regarding claim 52, Lu in view of Stone Goreman and Haselby teach the braided construct of claim 49, wherein Lu discloses that the number of additional synthetic fibers is greater than 1 (as high strength collagen fibers are disclosed in [0200] and synthetic fibers are disclosed in [0211], with a mesh of a plurality of fibers disclosed in [0211], a weaving of a plurality of synthetic fibers is present as multiple fibers are disclosed in in [0211]).
Claim(s) 53 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lu (US Pub No.: 2010/0292791) in view of Stone (US Pub No.: 2010/0292792), Goreman (US Pub No.: 2018/0168791) and Haselby (US PUB No.: US 2014/0188212) in further view of Wan (US Pub No.: 2020/0046872).
Regarding claim 53, Lu in view of Stone Goreman and Haselby teach the braided construct of claim 49. However, Lu in view of Stone does not teach forming a 13-carrier braid in which the number of winded subassemblies is 9 and the number of additional synthetic fibers is 4.
Instead, Wan teaches a braided construct (as per the abstract) wherein said construct is forming a 13-carrier braid in which the number of winded subassemblies is 9 and the number of additional synthetic fibers is 4 (the use of 1 to 25 fibers for a braid is disclosed in [0010], where collagen based synthetic fibers are disclosed in [0073]. As such, a construct with 13 fibers with 4 synthetic fibers is present. The remaining 9 fibers may be natural fibers, fibrils, or microfibrils as per [0071]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the number and type of fibers presented in the braided construct of Wan into the construct of Lu for the purpose of providing a braid pattern where the combination of fibers present will provide a required tensile strength (as per the tensile strength details of [0100]), where the braiding of a certain number of fibers will create a construct where the user can control the overall tensile strengths (with a range of possible strengths also in [0100]).
Claim(s) 54-64 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wan (US Pub No.: 2020/0046872) in view of Goreman (US Pub No.: 2018/0168791) and Haselby (US PUB No.: US 2014/0188212).
Regarding claim 54, Wan (US Pub No.: 2020/0046872) discloses a braided construct (in the abstract), comprising: at least a first winded subassembly braided together with at least one additional synthetic fiber (braiding of collagen based fibers disclosed in the abstract where the collagen may be synthetic in [0071], with a chase fiber in [0024]), wherein, prior to the first winded subassembly being braided together with the at least one additional synthetic fiber, the first winded subassembly includes a first fiber winded around a first high-strength collagen fiber in a clockwise direction and a second fiber winded around the first high-strength collagen fiber in a counterclockwise direction (winding and braiding of fibers via a spool is present in [0079], where, as a spool is present, a winding in a clockwise or counterclockwise direction is possible via said spool) such that the first fiber and the second fiber repeatedly cross one another while extending in a longitudinal direction along the first high-strength collagen fiber (implied in [0079] as per the disclosure of a winding/braiding of a collagen fiber. High strength in [0016]).
From here, Wan does not teach details with respect to the collagen fibers being in a non-braided fashion. Instead, Goreman (US Pub No.: 2018/0168791) teaches a non-braided fiber (non-braided threads in [0024]. Collagen in [0020]. While braiding is present in [0020], the collagen being disclosed as “can be braided or they can be hollow tubular structures” implies that braiding is not required here).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate non-braided threads as presented in Gorman into Lu and Stone for the purpose of providing a parallel thread arrangement that can support other threads (i.e. two synthetic threads that can support a collagen fiber thread) without increasing the number of thread intersections, as disclosed in [0066].
Wan also does not teach that the first fiber and the second fiber are high-strength polyethylene.
Instead, Haselby (US PUB No.: US 2014/0188212) teaches that the first fiber and the second fiber are high-strength polyethylene (ultra-high molecular weight polyethylene in [0051], where UHMWPE is known in the art to have a high-strength. Winding of said filamentary material in [0051] and [0060]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the ultra-high molecular weight polyethylene of Haselby into the combination involving Lu in place of the first and second fibers to provide fibers known in the art to have a fiber known in the art to have a high impact strength when compared to other thermoplastics.
Regarding claim 55, Wan Goreman and Haselby teach the braided construct of claim 54 wherein Wan discloses, prior to the first winded subassembly being braided together with the at least one additional synthetic fiber, the first fiber and the second fiber are the only two fibers (being the fibers disclosed as being synthetic in [0071) winded around the first high-strength collagen fiber (high strength collagen fiber in [0016]. At least one chase fiber and two braided fibers in [0024], where the braided fibers are braided around said chase fiber in [0092]).
Wan and Goreman also does not teach does not teach that the first fiber and the second fiber are high-strength polyethylene.
Instead, Haselby (US PUB No.: US 2014/0188212) teaches that the first fiber and the second fiber are high-strength polyethylene (ultra-high molecular weight polyethylene in [0051], where UHMWPE is known in the art to have a high-strength. Winding of said filamentary material in [0051] and [0060]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the ultra-high molecular weight polyethylene of Haselby into the combination involving Lu in place of the first and second fibers to provide fibers known in the art to have a fiber known in the art to have a high impact strength when compared to other thermoplastics.
Regarding claim 56, Wan Goreman and Haselby teach the braided construct of claim 54 with Wan disclosing braided around a braided synthetic core (core part 24 in [0084], surrounding of the core with fibers also in [0084]).
Regarding claim 57, Wan Goreman and Haselby teach the braided construct of claim 54 wherein, in the first winded subassembly, the first fiber, while extending in the longitudinal direction along the first high-strength collagen fiber, only crosses over top of the second fiber, and wherein, correspondingly, in the first winded subassembly, the second fiber, while extending in the longitudinal direction along the first high-strength collagen fiber, only crosses underneath the first fiber (shown in figure 1B of Wan where the layers 20 and 30 are comprised of different pluralities of collagen fibers, where layer 30 is always on top of layer 20).
Wan and Goreman also does not teach does not teach that the first fiber and the second fiber are high-strength polyethylene.
Instead, Haselby (US PUB No.: US 2014/0188212) teaches that the first fiber and the second fiber are high-strength polyethylene (ultra-high molecular weight polyethylene in [0051], where UHMWPE is known in the art to have a high-strength. Winding of said filamentary material in [0051] and [0060]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the ultra-high molecular weight polyethylene of Haselby into the combination involving Lu in place of the first and second fibers to provide fibers known in the art to have a fiber known in the art to have a high impact strength when compared to other thermoplastics.
Regarding claim 58, Wan Goreman and Haselby teach the braided construct of claim 54, wherein Wan discloses the first fiber and the second fiber are winded around the first high-strength collagen fiber at a pitch expressed as a number of turns per inch (as a braiding of synthetic fibers are present in figures 5-6 and in [0092], the fibers will have a number of turns per inch as per the structure shown in those figures).
Wan and Goreman also does not teach does not teach that the first fiber and the second fiber are high-strength polyethylene.
Instead, Haselby (US PUB No.: US 2014/0188212) teaches that the first fiber and the second fiber are high-strength polyethylene (ultra-high molecular weight polyethylene in [0051], where UHMWPE is known in the art to have a high-strength. Winding of said filamentary material in [0051] and [0060]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the ultra-high molecular weight polyethylene of Haselby into the combination involving Lu in place of the first and second fibers to provide fibers known in the art to have a fiber known in the art to have a high impact strength when compared to other thermoplastics.
Regarding claim 59, Wan Goreman and Haselby teach the braided construct of claim 58, wherein Wan discloses the first fiber and the second fiber are winded around the first high-strength collagen fiber at approximately 4 turns per inch (in [0008]-[0009], a braiding of collagen at about 5 to 40 ppi is disclosed, where the disclosed picks are turns of the braided collagen fibers. As the claim recites “approximately 4 turns per inch,” a ppi of 5 is considered approximately 4 turns).
Wan and Goreman also does not teach does not teach that the first fiber and the second fiber are high-strength polyethylene.
Instead, Haselby (US PUB No.: US 2014/0188212) teaches that the first fiber and the second fiber are high-strength polyethylene (ultra-high molecular weight polyethylene in [0051], where UHMWPE is known in the art to have a high-strength. Winding of said filamentary material in [0051] and [0060]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the ultra-high molecular weight polyethylene of Haselby into the combination involving Lu in place of the first and second fibers to provide fibers known in the art to have a fiber known in the art to have a high impact strength when compared to other thermoplastics.
Regarding claim 60, Wan Goreman and Haselby teach the braided construct of claim 54 with Wan also including a second winded subassembly (being the second plurality of braided collagen fibers, disclosed in [0007]-[0008]) braided together with the first winded subassembly (braiding of a first and second plurality of fibers with each other in [0020]) and the at least one additional synthetic fiber (the plurality of fibers comprise collagen in [0004]-[0005], where said fibers may be synthetic as per [0071]), wherein, prior to the second winded subassembly being braided together with the first winded subassembly and the at least one additional synthetic fiber, the second winded subassembly includes a third fiber winded around a second high-strength collagen fiber (braiding of fibers around each other for a second plurality of braided collagen fibers in [0006]-[0008], where a high tensile strength in [0016] is disclosed).From here, Wan does not teach details with respect to the collagen fibers being in a non-braided fashion. Instead, Goreman (US Pub No.: 2018/0168791) teaches a non-braided fiber (non-braided threads in [0024]. Collagen in [0020]. While braiding is present in [0020], the collagen being disclosed as “can be braided or they can be hollow tubular structures” implies that braiding is not required here). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate non-braided threads as presented in Gorman into Lu and Stone for the purpose of providing a parallel thread arrangement that can support other threads (i.e. two synthetic threads that can support a collagen fiber thread) without increasing the number of thread intersections, as disclosed in [0066].
Wan and Goreman also does not teach does not teach that the third fiber is high-strength polyethylene.
Instead, Haselby (US PUB No.: US 2014/0188212) teaches that the first fiber and the second fiber are high-strength polyethylene (ultra-high molecular weight polyethylene in [0051], where UHMWPE is known in the art to have a high-strength. Winding of said filamentary material in [0051] and [0060]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the ultra-high molecular weight polyethylene of Haselby into the combination involving Lu in place of the first and second fibers to provide fibers known in the art to have a fiber known in the art to have a high impact strength when compared to other thermoplastics.
Regarding claim 61, Wan Goreman and Haselby teach the braided construct of claim 60, wherein Wan discloses the second winded subassembly also includes a fourth fiber winded around the second high-strength collagen fiber (being a chase fiber 32 in [0092], that may be a collagen fiber in [0092], where collagen may be synthetic in [0075]), and wherein, prior to the second winded subassembly being braided together with the first winded subassembly and the at least one additional synthetic fiber, the third fiber is winded around the second high-strength collagen fiber in a clockwise direction (as per figure 5, the fibers are would in two different directions where the directions can be defined as clockwise and counterclockwise), and the fourth fiber that is winded around the second high-strength collagen fiber in a counterclockwise direction such that the third fiber and the fourth fiber repeatedly cross one another while extending in a longitudinal direction along the second high-strength collagen fiber (as per figure 5, the fibers are would in two different directions where the directions can be defined as clockwise and counterclockwise, where a crossing with other fibers is shown in figures 5-7).
From here, Wan does not teach details with respect to the collagen fibers being in a non-braided fashion. Instead, Goreman (US Pub No.: 2018/0168791) teaches a non-braided fiber (non-braided threads in [0024]. Collagen in [0020]. While braiding is present in [0020], the collagen being disclosed as “can be braided or they can be hollow tubular structures” implies that braiding is not required here).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate non-braided threads as presented in Gorman into Lu and Stone for the purpose of providing a parallel thread arrangement that can support other threads (i.e. two synthetic threads that can support a collagen fiber thread) without increasing the number of thread intersections, as disclosed in [0066].
Wan and Goreman also does not teach does not teach that the fourth fiber is high-strength polyethylene.
Instead, Haselby (US PUB No.: US 2014/0188212 teaches that the first fiber and the second fiber are high-strength polyethylene (ultra-high molecular weight polyethylene in [0051], where UHMWPE is known in the art to have a high-strength. Winding of said filamentary material in [0051] and [0060]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the ultra-high molecular weight polyethylene of Haselby into the combination involving Lu in place of the first and second fibers to provide fibers known in the art to have a fiber known in the art to have a high impact strength when compared to other thermoplastics.
Regarding claim 62, Wan Goreman and Haselby teach the braided construct of claim 54 comprising Wan discloses the first winded subassembly braided together with at least two additional synthetic fibers (as a plurality of collagen fibers are present in a first plurality of braided fibers (detailed in [0004]-[0008] and as the collagen may be extruded into a synthetic fiber in [0075], at least two synthetic fibers are present in a first would assembly. The first layer may comprise between 1 to 25 collagen fibers in [0010]).
Regarding claim 63, Wan Goreman and Haselby teach the braided construct of claim 54, wherein Wan discloses, prior to the first winded subassembly being braided together with the at least one additional synthetic fiber, the first high-strength collagen fiber is unbraided (as the fibers are braided in a repeating braid when the device is being made, as per [0006], it is implied that the fibers are unbraided before a winded subassembly is created).
Regarding claim 64, Wan Goreman and Haselby teach the braided construct of claim 54, wherein Wan discloses, prior to the first winded subassembly being braided together with the at least one additional synthetic fiber, the first winded subassembly includes the first fiber and the second fiber (being two of the fibers present on a first layer of a construct in [0010], with collagen being synthetic in [0073] and [0075]) winded around a plurality of high-strength collagen fibers in the clockwise direction and the counterclockwise direction (as per figure 5, the fibers are would in two different directions where the directions can be defined as clockwise and counterclockwise), respectively, and wherein the plurality of high-strength collagen fibers includes the first high-strength collagen fiber (the collagen fibers comprise high strength collagen fibers, as per [0016]).
Wan and Goreman also does not teach does not teach that the first fiber and the second fiber are high-strength polyethylene.
Instead, Haselby (US PUB No.: US 2014/0188212 teaches that the first fiber and the second fiber are high-strength polyethylene (ultra-high molecular weight polyethylene in [0051], where UHMWPE is known in the art to have a high-strength. Winding of said filamentary material in [0051] and [0060]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the ultra-high molecular weight polyethylene of Haselby into the combination involving Lu in place of the first and second fibers to provide fibers known in the art to have a fiber known in the art to have a high impact strength when compared to other thermoplastics.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Best (US Pub No.: 2023/0000481) considered for suture tape details in [0029] and figure 1, where the tape is depicted in the figures as being flat. Arnal (US Pub No.: 2006/0195011) discloses a synthetic implant with braided fibers in [0065].
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/AREN PATEL/Examiner, Art Unit 3774
/YASHITA SHARMA/Primary Patent Examiner, Art Unit 3774