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, Species A, drawn to claims 1-4, 6-10, and 15-18 in the reply filed on June 1, 2026 is acknowledged.
Allowable Subject Matter
Claims 6-10, 15, and 16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art fails to teach or disclose wherein two of the three S- shaped arms is defined by a leg that extends from the central hub and an arm member that extends from an associated leg.
The prior art fails to teach or disclose wherein the plurality of S-shaped arms extend both radially outward relative to the central hub and distally relative to the central hub.
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 1-3, 17, and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Pub. No. 2015/0289877 to Hoarau et al.
As to Claim 1, Hoarau discloses an engagement assembly (700, Fig. 1) for use in a surgical procedure [0047]. The engagement assembly comprises a contoured region (701) and an engagement element (702) associated with a distal end of the contoured region (Figs. 3-6, [0048]), wherein the engagement element (702) is substantially dome-shaped or substantially tripod shaped (seen in Figs. 2, 6) and adapted for resilient flattening when pressed against a surface (via flexible joint 708, [0048]).
As to Claim 2, Hoarau discloses an engagement assembly further comprising a mounting feature (at 710) associated with the contoured region or adjacent thereto, wherein the mounting feature facilitates detachable attachment relative to a device (to 10, Figs. 10-11, [0059-0060]).
As to Claim 3, Hoarau discloses an engagement assembly wherein the device is a graft tensioning device {described in [0043]).
As to Claim 17, Hoarau discloses an engagement assembly wherein the engagement element includes a central hub (706) and a plurality of curved legs (703) that extend from the central hub (Fig. 3, [0048]).
As to Claim 18, Hoarau discloses an engagement assembly wherein the engagement element includes a central hub (706) and three legs that extend from the central hub that together define a tripod structure (every other leg 702 create a tripod structure, Fig. 5).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 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.
Claims 4 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Pub. No. 2015/0289877 to Hoarau et al. in view of U.S. Patent Pub. No. 2020/0179075 to Seely--Morgan.
As to Claim 4, Hoarau discloses the claimed invention except for wherein the engagement element includes a central hub and a plurality of S-shaped arms that extend from the central hub.
Seely--Morgan discloses an engagement assembly (100, Fig. 1, [0059-0061]) wherein the engagement element includes a central hub and a plurality of S-shaped arms that extend from the central hub (S-shaped extensions 106, 108 described in [0060]) in order to provide a sufficient amount of surface area for coupling to the patient's skin and for supporting the stability of the device [0060].
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the engagement assembly of Hoarau with the S-shaped arm modification of Seely--Morgan in order to provide a sufficient amount of surface area for coupling to the patient's skin and for supporting the stability of the device.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER J BECCIA whose telephone number is (571)270-7391. The examiner can normally be reached Mon - Fri 8:30-5:00.
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/CHRISTOPHER J BECCIA/Primary Examiner, Art Unit 3775
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