DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Election/Restrictions
Applicant’s election without traverse of Group I (claims 2-13) and species A (FIG 4A), which encompass claims 2-4, 6, and 8-13 in the reply filed on 17 November 2025, is acknowledged.
Claims 5 and 7 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/17/2025.
Claims 14-26 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 11/17/2025.
Formal Matters
Claim 1 is cancelled. Claims 5, 7, 14-26 are withdrawn from consideration as being drawn to non-elected species and non-elected inventions, as set forth above. Claims 2-4, 6, and 8-13 are under examination as they are drawn to species A (FIG 4A).
Benefit
Applicant’s claim of benefit as a Continuation of 16/931648 (17 July 2020), issued as US 11,660,088, which is a Divisional of 15/658449 (25 July 2017), issued as US 10,729,429, which is a Continuation of 14/591995 (8 January 2015), issued as US 9,713,467, which is a Continuation of 14/257030 (21 April 2014), issued as US 9,050,082, which is a Continuation of 13/213287 (19 August 2021), issued as US 8,739,389, which is a Divisional of 12/361,962 (29 January 2009), which issued as US 8,273,105, which has a Provisional of 61/029,964 (20 February 2008).
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 23 August 2023 has been considered by the examiner. A signed copy is attached.
Double Patenting Rejections
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 2-4, 6 and 8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-6, and 8 of Cohen et al., US 8,273,105 (25 September 2012).
Although the claims at issue are not identical, they are not patentably distinct from each other because the ‘105 patent anticipates claim 2 of the instant application at column 14, lines 14-25. Claim 2 of the ‘105 patent anticipates instant claim 3. Claim 3 of the ‘105 patent anticipates instant claim 4. Claims 4-6 of the ‘105 patent anticipate instant claim 4, which combines the first angle, second angle, and third angle into one alternative claim. Claim 8 of the ‘105 patent anticipates instant claim 8.
US 8,273,105
18/200679
1. A compound barb medical device comprising: an elongated body; at least one barb extending from the elongated body and the barb defining an inner surface opposite an outer surface of the elongated body, the inner surface including: a first portion disposed at a first orientation relative to a longitudinal axis of the elongated body, a second portion disposed at a second orientation relative to the longitudinal axis, and a third portion disposed at a third orientation relative to the longitudinal axis, wherein the outer surface of the elongated body has a complementary shape with the inner surface of the barb.
2. A compound barb medical device comprising: an elongate body; and at least one barb extending from the elongate body and defining an inner surface, the inner surface including: a first portion disposed at a first orientation relative to a longitudinal axis of the elongate body; a second portion disposed at a second orientation relative to the longitudinal axis; and a third portion disposed at a third orientation relative to the longitudinal axis.
2. The compound barb medical device according to claim 1, wherein at least one of the first, second, and third portions is substantially linear.
3. The compound barb medical device according to claim 2, wherein at least one of the first, second, or third portions is substantially linear.
3. The compound barb medical device according to claim 2, wherein the first, second, and third portions are at first, second, and third angles relative to respective longitudinal axes of the elongated body.
4. The compound barb medical device according to claim 2, wherein the first, second, and third portions are at first, second, and third angles relative to respective longitudinal axes of the elongate body.
4. The compound barb medical device according to claim 3, wherein the first angle is about 0 degrees to about 90 degrees.
6. The compound barb medical device according to claim 4, wherein at least one of the first, second or third angle is about 0 degrees to about 90 degrees.
5. The compound barb medical device according to claim 3, wherein the second angle is about 0 degrees to about 90 degrees.
6. The compound barb medical device according to claim 4, wherein at least one of the first, second or third angle is about 0 degrees to about 90 degrees.
6. The compound barb medical device according to claim 3, wherein the third angle is about 0 degrees to about 90 degrees.
6. The compound barb medical device according to claim 4, wherein at least one of the first, second or third angle is about 0 degrees to about 90 degrees.
8. The compound barb medical device according to claim 1, wherein the medical device is formed of the type selected from the group consisting of monofilament sutures, multifilament sutures, surgical fibers, anchors, slit sheets, ribbons, tapes, meshes, stents, scaffolds, pledgets, and vascular grafts.
8. The compound barb medical device according to claim 2, wherein the medical device is selected from monofilament sutures, multifilament sutures, surgical fibers, anchors, slit sheets, ribbons, tapes, meshes, stents, scaffolds, pledgets, or vascular grafts.
Claim 9 is rejected on the ground of nonstatutory double patenting as being unpatentable over Cohen et al., US 8,273,105 (25 September 2012), as set forth above, and further in view of Ruff et al., US 20050267531 (1 December 2005).
Although the claims at issue are not identical, they are not patentably distinct from each other because the ‘105 patent, in view of Ruff, anticipates claim 2 of the instant application at column 14, lines 14-25.
The ‘105 patent teaches claim 9 as set forth above.
The ‘105 patent does not claim that the proximal end of the suture includes a loop.
Ruff teaches a compound barbed suture comprising a loop at a proximal end (FIG 24; ¶¶6, 44).
Cohen et al., US 8,273,105
18/200,679
Ruff et al., US 20050267531
9. The compound barb medical device according to claim 1, wherein the medical device is a suture.
9. The compound barb medical device according to claim 2, wherein the medical device is a suture and a proximal end of the suture includes a loop.
Ruff teaches a compound barbed suture comprising a loop at a proximal end (FIG 24; ¶¶6, 44).
Cohen (‘105 patent) and Ruff teach in the same field of endeavor, barbed surgical sutures. Ruff specifically addresses the proximal end loop at FIG 24 and ¶¶6, 44. A person of ordinary skill in the art, seeking to control suture orientation and to provide a suture anchor would reasonably consult Ruff’s loop solution. Ruff’s proximal end loop can be incorporated alongside Cohen’s barbed suture base device using known assembly methods without redesigning Cohen’s core barbed suture structure. Because the references address the same engineering problem (barbed sutures and suture anchors) and the proposed modifications are mechanically compatible and implemented by routine engineering practices (adding a pre-constructed proximal end loop on barbed sutures), a person of ordinary skill in the art before the effective filing date of the claimed invention would have had a reasonable expectation of success in combining these teachings.
Claims 2 and 3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 4-6 and 8 of Cohen et al., US 8,632,567 (21 January 2014).
Although the claims at issue are not identical, they are not patentably distinct from each other because the ‘567 patent anticipates claim 2 of the instant application at column 14, lines 28-39, 43-45, 47-49, and 58-62, as set forth in the side-by-side comparison below.
Cohen et al., US 8,632,567
18/200679
4. A compound barb medical device comprising an elongated body defining a longitudinal axis and including a plurality of barbs extending therefrom, the elongated body and the plurality of barbs being a monolithic structure with each of the plurality of barbs including an inner surface corresponding to a cut surface in the elongated body, the inner surface of at least one of the plurality of barbs including: a substantially linear first portion extending at an angle relative to the longitudinal axis of the elongated body; and a substantially non-linear second portion including a radius of curvature relative to the longitudinal axis of the elongated body.
5. The compound barb medical device of claim 4, wherein the substantially linear first portion is disposed at an outer-most end of the barb and the substantially non-linear second portion is adjacent to the substantially linear first portion.
6. The compound barb medical device of claim 5, wherein the inner surface of the at least one of the plurality of barbs further includes a substantially linear third portion adjacent to the substantially non-linear second portion, the substantially linear third portion extending at an angle relative to the longitudinal axis of the elongated body.
8. The compound barb medical device of claim 4, wherein the inner surface of the at least one of the plurality of barbs further includes a substantially linear third portion extending at an angle relative to the longitudinal axis of the elongated body, the angle of the substantially linear third portion being different from the angle of the substantially linear first portion.
2. A compound barb medical device comprising: an elongate body; and at least one barb extending from the elongate body and defining an inner surface, the inner surface including: a first portion disposed at a first orientation relative to a longitudinal axis of the elongate body; a second portion disposed at a second orientation relative to the longitudinal axis; and a third portion disposed at a third orientation relative to the longitudinal axis.
4. column 14, line 35: a substantially linear first portion
6. column 14, line 47: a substantially linear third portion,6. column 14, line 49-50: the substantially linear third portion extending at an angle relative to the longitudinal axis of the elongated body.
3. The compound barb medical device according to claim 2, wherein at least one of the first, second, or third portions is substantially linear.
Claims 2, 4 and 8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3 and 4 of Cohen et al., US 8,454,653 (4 June 2013).
Although the claims at issue are not identical, they are not patentably distinct from each other because the ‘653 patent anticipates claim 2 of the instant application at column 23, lines 58-67 to col 24, line 1, as set forth in the side-by-side comparison below. Monofilament and multifilament sutures and other recited structures are anticipated by claims 3 and 4 of the ‘653 patent.
Cohen et al., US 8,454,653
18/200679
1. A compound barb medical device comprising: a body portion; and at least one barb extending from the body portion, the at least one barb including an inner surface and an outer surface defining a longitudinal axis, the inner surface including a first portion disposed at an outer-most end of the barb at a first interior angle relative to the longitudinal axis, a second portion adjacent the first portion and being disposed at a second interior angle relative to the longitudinal axis, and a third portion adjacent the second portion and being disposed at a third interior angle relative to the longitudinal axis, the first angle being greater than the second angle, and wherein the at least one barb is made from a shape memory polymer which can be deformed into a temporary shape from a permanent shape, wherein the barb projects in a first position relative to the body portion when in the temporary shape and in a second position, which is different from the first position, when in the permanent shape.
2. A compound barb medical device comprising: an elongate body; and at least one barb extending from the elongate body and defining an inner surface, the inner surface including: a first portion disposed at a first orientation relative to a longitudinal axis of the elongate body; a second portion disposed at a second orientation relative to the longitudinal axis; and a third portion disposed at a third orientation relative to the longitudinal axis.
1. A compound barb medical device comprising: a body portion; and at least one barb extending from the body portion, the at least one barb including an inner surface and an outer surface defining a longitudinal axis, the inner surface including a first portion disposed at an outer-most end of the barb at a first interior angle relative to the longitudinal axis, a second portion adjacent the first portion and being disposed at a second interior angle relative to the longitudinal axis, and a third portion adjacent the second portion and being disposed at a third interior angle relative to the longitudinal axis, the first angle being greater than the second angle, and wherein the at least one barb is made from a shape memory polymer which can be deformed into a temporary shape from a permanent shape, wherein the barb projects in a first position relative to the body portion when in the temporary shape and in a second position, which is different from the first position, when in the permanent shape.
4. The compound barb medical device according to claim 2, wherein the first, second, and third portions are at first, second, and third angles relative to respective longitudinal axes of the elongate body.
3. The compound barb medical device according to claim 1, wherein the medical device is selected from the group consisting of monofilament sutures, multifilament sutures, surgical fibers, surgical staples, anchors, slit sheets, ribbons, tapes, meshes, stents, scaffolds, pledgets, and vascular grafts.
8. The compound barb medical device according to claim 2, wherein the medical device is selected from monofilament sutures, multifilament sutures, surgical fibers, anchors, slit sheets, ribbons, tapes, meshes, stents, scaffolds, pledgets, or vascular grafts.
4. The compound barb medical device according to claim 3, wherein the medical device comprises a suture.
8. The compound barb medical device according to claim 2, wherein the medical device is selected from monofilament sutures, multifilament sutures, surgical fibers, anchors, slit sheets, ribbons, tapes, meshes, stents, scaffolds, pledgets, or vascular grafts.
Claims 2-4 and 8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 and 7 of Cohen et al., US 10,729,429 (25 September 2012).
Although the claims at issue are not identical, they are not patentably distinct from each other because the ‘429 patent anticipates claim 2 of the instant application at column 14, lines 28-37 and 62-64, as set forth in the side-by-side comparison below. Monofilament and multifilament sutures as the compound barb medical device (taught in claim 1 of the ‘429 patent) are recited in instant claim 8. Claim 7 of the ‘429 patent anticipates the third portion disposed at a third orientation/angle as recited in instant claim 2.
Cohen et al., US 10,729,429
18/200679
1. A barbed suture comprising: an elongated body defining a longitudinal axis; a compound barb extending outwardly from the elongated body, the compound barb including an inner surface facing the elongated body, the inner surface having a first portion disposed at a first orientation relative to the longitudinal axis of the elongated body and a second portion disposed at a second orientation relative to the longitudinal axis of the elongated body; and a single angle barb extending outwardly from the elongated body, the single angle barb including an inner surface facing the elongated body and extending linearly from a first end positioned adjacent to the elongated body to a second end positioned adjacent to a tip of the single angle barb, the inner surface disposed at an angle relative to the longitudinal axis of the elongated body, the compound barb and the single angle barb oriented in the same direction towards a first end of the elongated body to form a unidirectional barbed suture.
7. The barbed suture according to claim 3, wherein the compound barb includes a third portion disposed at a third angle relative to the longitudinal axis of the elongated body.
2. A compound barb medical device comprising: an elongate body; and at least one barb extending from the elongate body and defining an inner surface, the inner surface including: a first portion disposed at a first orientation relative to a longitudinal axis of the elongate body; a second portion disposed at a second orientation relative to the longitudinal axis; and a third portion disposed at a third orientation relative to the longitudinal axis.
8. The compound barb medical device according to claim 2, wherein the medical device is selected from monofilament sutures, multifilament sutures, surgical fibers, anchors, slit sheets, ribbons, tapes, meshes, stents, scaffolds, pledgets, or vascular grafts.
2. The barbed suture according to claim 1, wherein at least one of the first or second portions of the compound barb is linear.
3. The compound barb medical device according to claim 2, wherein at least one of the first, second, or third portions is substantially linear.
3. The barbed suture according to claim 1, wherein the first orientation of the first portion of the compound barb is a first angle and the second orientation of the second portion of the compound barb is a second angle different from the first angle.
7. The barbed suture according to claim 3, wherein the compound barb includes a third portion disposed at a third angle relative to the longitudinal axis of the elongated body.
4. The compound barb medical device according to claim 2, wherein the first, second, and third portions are at first, second, and third angles relative to respective longitudinal axes of the elongate body.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of pre-AIA 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 –
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claims 2-4, 6, 8, 10-13 are rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by Leung et al., US 20040060410 (1 April 2004).
Regarding independent claim 2, Leung teaches a compound barb medical device (suture, 1) comprising: an elongate body (FIG 1A, 2); and
at least one barb (7, 9) extending from the elongate body (2) and defining an inner surface (FIG 1A, area between 7 and 2; annotated FIG 1A), the inner surface including:
a first portion disposed at a first orientation relative to a longitudinal axis of the elongate body (annotated FIG 1A);
a second portion disposed at a second orientation relative to the longitudinal axis (annotated FIG 1A); and
a third portion disposed at a third orientation relative to the longitudinal axis (annotated FIG 1A).
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Annotated FIG 1A
Regarding claim 3, Leung teaches the compound barb medical device according to claim 2, as set forth above, wherein at least one of the first, second, or third portions is substantially linear (annotated FIG 1A).
Regarding claim 4, Leung teaches the compound barb medical device according to claim 2, as set forth above, wherein the first, second, and third portions are at first, second, and third angles relative to respective longitudinal axes of the elongate body (annotated FIG 1A).
Regarding claim 6, Leung teaches the compound barb medical device according to claim 4, as set forth above, wherein at least one of the first, second or third angle is about 0 degrees to about 90 degrees (annotated FIG 1A).
Regarding claim 8, teaches the compound barb medical device according to claim 2, wherein the medical device is selected from monofilament sutures, multifilament sutures, surgical fibers, anchors, slit sheets, ribbons, tapes, meshes, stents, scaffolds, pledgets, or vascular grafts (¶2).
Regarding independent claim 10, Leung teaches a compound barb medical device (suture, 1) comprising: an elongate body (FIG 1A, 2),
wherein the elongate body (2) is a monofilament suture (¶2) including an outer surface in direct contact with tissue (¶1); and
at least one barb (7, 9) extending from the elongate body and defining an inner surface (FIG 1A),
the inner surface including: a first portion disposed at a first orientation relative to a first longitudinal axis of the elongate body (FIG 1A, area between 7 and 2; annotated FIG 1A),
wherein the first portion is disposed at a first angle from about 0 degrees to about 90 degrees relative to the first longitudinal axis of the elongate body (annotated FIG 1A; ¶15); and
a second portion disposed at a second orientation relative to a second longitudinal axis of the elongate body (annotated FIG 1A),
wherein the second portion is disposed at a second angle from about 0 degrees to about 90 degrees relative to the second longitudinal axis of the elongate body (annotated FIG 1A; ¶15, ¶16).
Regarding claim 11, Leung teaches the compound barb medical device according to claim 10, as set forth above, wherein the first angle is from about 30 degrees to about 40 degrees (¶15).
Regarding claim 12, Leung teaches the compound barb medical device according to claim 10, as set forth above, wherein the second angle is from about 1 degree to about 10 degrees (¶16).
Regarding independent claim 13, Leung teaches a compound barb medical device (suture, 1) comprising an elongate body (FIG 1A, 2) including a plurality of barbs (FIG 1A, 7, 9) formed along at least a portion of a length thereof (FIG 1A), wherein at least one of the plurality of barbs has an inner surface having at least one inflection point (annotated FIG 1A).
Claims 2-4, 6, 8, and 13 are rejected under pre-AIA 35 U.S.C. 102(e) as being anticipated by Nawrocki et al., US 20080312688 (18 December 2008, benefit to 13 June 2007).
Regarding independent claim 2, Nawrocki teaches a compound barb medical device (surgical suture 200) comprising: an elongate body (FIG 2, 211); and
at least one barb (204) extending from the elongate body (211) and defining an inner surface (FIG 1A, area between 7 and 2), the inner surface including:
a first portion disposed at a first orientation (annotated FIG 2) relative to a longitudinal axis (A) of the elongate body (211);
a second portion disposed at a second orientation (annotated FIG 2) relative to the longitudinal axis (A); and
a third portion disposed at a third (annotated FIG 2) orientation relative to the longitudinal axis (A).
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Regarding claim 3, Nawrocki teaches the compound barb medical device according to claim 2, as set forth above, wherein at least one of the first, second, or third portions is substantially linear (annotated FIG 2).
Regarding claim 4, Nawrocki teaches the compound barb medical device according to claim 2, as set forth above, wherein the first, second, and third portions (annotated FIG 2). are at first, second, and third angles relative to respective longitudinal axes (A) of the elongate body (211) (annotated FIG 2).
Regarding claim 6, Nawrocki teaches the compound barb medical device according to claim 4, as set forth above, wherein at least one of the first, second or third angle is about 0 degrees to about 90 degrees (annotated FIG 2).
Regarding claim 8, Nawrocki teaches the compound barb medical device according to claim 2, as set forth above, wherein the medical device is selected from monofilament sutures, multifilament sutures, surgical fibers, anchors, slit sheets, ribbons, tapes, meshes, stents, scaffolds, pledgets, or vascular grafts (¶29).
Regarding independent claim 13, Nawrocki teaches a compound barb medical device (surgical suture 200) comprising an elongate body (FIG 2, 211) including a plurality of barbs formed along at least a portion of a length thereof (FIG 2; ¶24), wherein at least one of the plurality of barbs has an inner surface having at least one inflection point (annotated FIG 2).
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter 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 pre-AIA 35 U.S.C. 103(a) 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.
Claim 9 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Nawrocki et al., US 20080312688 (18 December 2008, benefit to 13 June 2007) in view of Ruff et al., US 20050267531 (1 December 2005).
Regarding claim 9, Nawrocki teaches the compound barb medical device according to claim 2, wherein the medical device is a suture (FIG 1A, 1).
Leung does not teach where a proximal end of the suture includes a loop.
Leung teaches loop stitching as the method often used in wound closure (¶2). Accordingly, a person of ordinary skill in the art would reasonably know or understand that an end-user could take a linear suture and generate a loop merely by stitching, thereby creating a loop in the suture structure.
A suture is capable of being stitched into a loop at its proximal end, as is common practice, as taught by Leung. The recitation of an element that is “capable of” performing a function is not a positive limitation, but only requires the ability to so perform. It does not constitute a limitation in any patentable sense. See In re Hutchison, 69 USPQ 138, 33 CCPA 879 (1946). Additionally, Ruff teaches a compound barbed suture comprising a loop at a proximal end (FIG 24; ¶¶6, 44).
Leung and Ruff teach in the same field of endeavor, barbed surgical sutures. Leung is also a co-inventor in the Ruff publication.
Although, Leung discloses the claimed base barbed suture and the claim has been interpreted in the broadest reasonable interpretation of the suture “including a loop” which Leung teaches is capable of being stitched by an end-user, Leung does not otherwise expressly disclose a proximal end including a loop as part of the a priori suture structure.
Ruff specifically addresses the proximal end loop at FIG 24 and ¶¶6, 44. Because Leung includes a teaching and suggestion that loop stitching is a method often used in wound closure, such that the suture that is expressly taught is capable of being looped, a person of ordinary skill in the art, seeking to control suture orientation by incorporating a loop as, for example, a suture anchor, would reasonably consult Ruff’s built-in loop solution. Ruff’s proximal end loop can be incorporated alongside Leung’s barbed suture base device using known assembly methods without redesigning Leung’s core barbed suture structure.
Because the references address the same engineering problem (barbed sutures and suture anchors) and the proposed modifications are mechanically compatible and implemented by routine engineering practices (adding a pre-constructed proximal end loop on barbed sutures), a person of ordinary skill in the art before the effective filing date of the claimed invention would have had a reasonable expectation of success in combining these teachings.
Claim 9 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Nawrocki et al., US 20080312688 (18 December 2008, benefit to 13 June 2007) in view of Ruff et al., US 20050267531 (1 December 2005).
Regarding claim 9, Nawrocki teaches the compound barb medical device according to claim 2, wherein the medical device is a suture (surgical suture 200).
Nawrocki does not teach that a proximal end of the suture includes a loop.
Ruff teaches a compound barbed suture comprising a loop at a proximal end (FIG 24; ¶¶6, 44).
Nawrocki and Ruff teach in the same field of endeavor, barbed surgical sutures. Ruff specifically addresses the proximal end loop at FIG 24 and ¶¶6, 44. Nawrocki teaches that an anchor is often used at the end to stop suture movement in the direction opposite to that in which the barbs face (¶3). A person of ordinary skill in the art, seeking to control suture orientation and to provide a suture anchor would reasonably consult Ruff’s loop solution. Ruff’s proximal end loop can be incorporated alongside Nawrocki’s barbed suture base device using known assembly methods without redesigning Nawrocki’s core barbed suture structure.
Because the references address the same engineering problem (barbed sutures and suture anchors) and the proposed modifications are mechanically compatible and implemented by routine engineering practices (adding a pre-constructed proximal end loop on barbed sutures), a person of ordinary skill in the art before the effective filing date of the claimed invention would have had a reasonable expectation of success in combining these teachings.
Conclusion
No claim is allowed.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Hadba et al., US 8,888,810 (18 November 2014) teaches compound barb medical device and method.
Hadba et al., US 9,788,832 (17 October 2017) teaches compound barb medical device and method.
Hadba et al., US 8,932,329 (13 January 2015) teaches compound barb medical device and method.
Cohen et al., US 8,739,389 (3 June 2014) teaches compound barb medical device and method.
Cohen et al., US 8,632,567 (21 January 2014) teaches compound barb medical device and method.
Cohen et al., US 9,050,082 (9 June 2015) teaches compound barb medical device and method.
Cohen et al., US 11,660,088 (30 May 2023) teaches compound barb medical device and method.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHERIE M POLAND whose telephone number is (703)756-1341. The examiner can normally be reached M-W (9am-9pm CST) and R-F (9am-3pm CST).
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/CHERIE M POLAND/Examiner, Art Unit 3771
/SHAUN L DAVID/Primary Examiner, Art Unit 3771