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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 6/16/2026 has been entered.
Response to Amendment
In response to the amendment filed on 6/16/2026, claim 6 is canceled and claims 1-5, 7-20 are pending. The amendments obviate the previous drawing and specification objections and those objections are hereby withdrawn.
Response to Arguments
Applicant’s arguments filed 6/16/2026 with respect to the combination of Stchur (US 2011/0004242) in view of Nguyen et al (US 2011/0112576) have been considered but are moot because the arguments do not apply to any of the new combination of references being used in the current rejection. Applicant has amended the claims, thus changing the scope and requiring additional consideration. A new grounds of rejections is set forth below which does not rely upon the previous interpretation of the reference(s) or any matter specifically challenged in the arguments. The Examiner has instead cited Clark et al (US 2019/0038275) to teach the amended limitations, specifically each of the one or more proximal ridges comprises a distinct recess. Nguyen et al is not relied upon to teach the distinct recesses and thus the arguments directed to the slot (29) of Nguyen et al as not being a distinct recess is moot.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“delivery device” in claim 18 because the term “device” (generic placeholder) is coupled to the functional language of “delivery” and “configured to releasably attach to the proximal end of the suture anchor” without further structural modifiers either preceding or following the generic placeholder. For the purpose of examination, the term will be read as delivery device 300/350 (which is the disclosed corresponding structure, as described in paragraph [0159] of the published application) or an equivalent structure, which is any structure that performs the identical function of the generic placeholder(s) specified in the claim in substantially the same way.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 2-5 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 2 recites the suture anchor kit “further comprising a suture groove”. Claim 1, from which claim 2 is dependent upon, has been amended to recite “each of the one or more proximal ridges comprises a distinct recess”. Therefore, as presently recited in amended claim 2, the claim requires both a distinct recess from claim 1 and a suture groove of claim 2. However, as disclosed in the original specification, the suture groove (145) is defined by the recess(es) (105) and is therefore not a structure separate from or in addition to the recesses. However, as claimed in claim 2, the suture anchor kit further comprises a suture groove and thus this suture groove is claimed as an addition to the distinct recess(es) of claim 1. Therefore, this subject matter is considered new matter as the original specification does not disclose a suture groove in addition to recess(es). Claim 3 clarifies the suture groove is defined by the distinct recesses and therefore clarifies they are not two separate, different structure and therefore claim 3 when viewed in combination with claim 2 does not present new matter. The limitations of claim 3 are required in claim 2 to make clear the structures are not separate to obviate the new matter rejection. The claims as previously filed on 10/3/2025 had first introduced a suture groove in claim 2, and then defined in claim 3 the suture groove is defined by a recess and therefore made clear they were one and the same.
Claim(s) 5 is/are rejected as being dependent on, and failing to cure the deficiencies of, their rejected respective parent claims.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-5, 7-9, 13 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stchur (US 2011/0004242) in view of Nguyen et al (US 2011/0112576) and Clark et al (US 2019/0038275).
Claim 1. Stchur discloses a suture anchor (Fig. 10; wherein Fig. 10 is the cited embodiment but is disclosed as having the same interior features as the earlier embodiments, other than the ribs 31, and therefore previous figures are cited for interior structures claimed below) comprising:
an anchor body (2) having a proximal end (top end), a distal end (bottom end), a longitudinal axis, a first lateral side (left side seen in Fig. 3 or front side seen in Fig. 10) extending between the proximal and distal end, and a second lateral side (right side seen in Fig. 3 or back side seen in Fig. 10) extending between the proximal and distal end ([0028]);
a suture passage (8) comprising a proximal surface and a distal surface and extending through the anchor body from a first opening in the first lateral side to a second opening in the second lateral side (see annotated figure below; [0028]-[0030]);
one or more proximal ridges (31) disposed on the anchor body, wherein the one or more proximal ridges are distal to the proximal end and proximal to the suture passage (Fig. 10; [0037]);
a channel (space from proximal end through interior surface 30 in Fig. 10 is considered forms one continuous channel) defined within the anchor body and extending along the longitudinal axis of the anchor body from a proximal opening in the proximal end of the anchor body to an opening in the proximal surface of the suture passage (see annotated figure below; [0028], [0029]); and
an insert (3) comprising an insert body (14) having a proximal end and a distal end, wherein the insert is configured to translate longitudinally within the channel between the proximal end of the anchor body and the distal surface of the suture passage (Fig. 5; [0032]).
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Stchur fails to disclose a plurality of distal ridges disposed on the anchor body, wherein the plurality of distal ridges is proximal to the distal end and distal to the suture passage, wherein the suture passage separates the one or more proximal ridges from the plurality of distal ridges. However, in a similar field of endeavor, Nguyen et al teaches a suture anchor (10) for bone ([0003]), comprising an anchor body (20) and an insert (30) for inserting into a channel (23) of the anchor body, wherein the anchor body comprises a suture passage (25) extending from a first opening (25a) on a first lateral side to a second opening (25b) on a second lateral side, and a plurality of proximal ridges (see annotated figure below) and a plurality of distal ridges (see annotated figure below), wherein the distal ridges are proximal to the distal end and distal to the suture passage along the length of the anchor body, wherein the suture passage separates the one or more proximal ridges from the plurality of distal ridges (see annotated figure below, wherein the suture passage and intermediate ridge separate the proximal and distal ridges; [0073], [0095]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the anchor body of Stchur with a plurality of distal ridges disposed on the anchor body, wherein the plurality of distal ridges is proximal to the distal end and distal to the suture passage, wherein the suture passage separates the one or more proximal ridges from the plurality of distal ridges, as taught by Nguyen et al, to substantially reduce the possibility of removal of the anchor when inserted into bone ([0073]), thereby increasing the retention of the suture anchor in the bone hole as compared to an anchor which only has proximal ridges .
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Stchur further fails to disclose each one of the one or more proximal ridges comprises a distinct recess. However, in the same field of endeavor, Clark et al teaches a suture anchor (10) comprising an anchor body (20); a suture passage (70) comprising a proximal surface and a distal surface and extending through the anchor body from a first opening in the first lateral side to a second opening in the second lateral side (Figs. 1A and 1B; [0045]); and a plurality of proximal ridges (see annotated figure below of the four proximal ridges) disposed on the anchor body, wherein the proximal ridges are distal to the proximal end and proximal to the suture passage and each of the proximal ridges comprises a distinct recess (94) (Fig. 4A; [0050], [0051]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the combination to have each of the one or more proximal ridges comprise a distinct recess as taught by Clark et al to provide a passage to accommodate the suture (9) when the anchor is positioned in bone (27) to prevent damage to the suture (Fig. 9 of Stchur).
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Claim 2. The combination discloses the invention substantially as claimed above, wherein Clark et al discloses a suture groove (Fig. 4A, formed by the plurality of distinct recesses 94) disposed along the anchor body at least partially between the suture passage and the proximal end of the anchor body, the suture groove configured to receive a suture therein ([0050], [0051]).
Claim 3. The combination discloses the invention substantially as claimed above, wherein Clark et al further discloses the suture groove is defined by the distinct recesses (94) of each of the one or more proximal ridges (Fig. 4A; [0050], [0051]).
Claim 4. The combination discloses the invention substantially as claimed above, wherein Clark et al further discloses each recess comprises a rounded edge therein (distal edge of each recess 94 is rounded).
Claim 5. The combination discloses the invention substantially as claimed above, wherein Clark et al discloses the first lateral side comprises the suture groove (formed by recess 94 seen in Fig. 4A) extending from the first opening (first lateral opening suture slot 70) and wherein the second lateral side comprises a second suture groove (formed by recess 94) configured to receive the suture ([0050]; “a suture recess or grooved section 94 formed into the anchor ribs 92 (which can include a pair of grooves formed in opposing sides of the anchor)”), the second suture groove extending from the second opening (second lateral opening of suture slot 70).
The combination fails to disclose the first and second suture groove extends to the proximal end of the anchor body. However, Nguyen et al further teaches a pair of suture grooves (29) extending from the lateral openings of the suture passage (29) to the proximal end of the anchor body (Fig. 1; [0070]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the combination to have the first and second suture grooves extend to the proximal end of the anchor body as taught by Nguyen et al to ensure clearance is provided the entire length of the anchor body to where the suture exits the bone to prevent damage to the suture.
Claim 7. The combination discloses the invention substantially as claimed above, wherein Stchur discloses the channel comprises a threaded region (12) along at least a portion of an interior surface of the channel (Fig. 3; [0030], [0032], [0037]).
Claim 8. The combination discloses the invention substantially as claimed above, wherein Stchur discloses the distal surface of the suture passage (8) is v-shaped and has a first lateral plane (left side of v-shape) extending from the first opening towards a central normal plane and a second lateral plane (right side of v-shape) extending from the second opening towards the central normal plane, the central normal plane being substantially perpendicular to the longitudinal axis of the anchor body (Figs. 7 shows the suture lying at the bottom of the v-shaped passage 8).
Claim 9. The combination discloses the invention substantially as claimed above, wherein Stchur discloses the distal surface of the suture passage is substantially flat and substantially perpendicular to the longitudinal axis of the anchor body (Fig. 3).
Claim 13. The combination discloses the invention substantially as claimed above, wherein Stchur discloses one or more sutures (9) disposed through the suture passage (Figs. 1, 10; [0028]).
Claim 14. The combination discloses the invention substantially as claimed above, wherein Stchur discloses the insert body (3) is configured to clamp the one or more sutures to the distal surface of the suture passage ([0029], [0032], i.e. compression by edge 17).
Claim(s) 10-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stchur in view of Nguyen et al and Clark et al as applied to claim 1 above, and further in view of Bowman et al1.
Claim 10. The combination discloses the invention substantially as claimed above, but fails to disclose at least a portion of the distal surface of the suture passage comprises a convex curvature extending proximally towards the opening in the proximal surface of the suture passage.
However, in the same field of endeavor, Bowman et al teaches at least a portion of the distal surface of the suture passage (30) comprises a convex curvature (37) extending proximally towards the opening in the proximal surface of the suture passage (Figs. 27A-27D; [0121], [0122]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the combination to include the suture passage comprising a convex curvature as claimed, as taught by Bowman et al, to provide a surface without sharp edges and therefore enables distribution of forces along a length of the suture instead of concentrated pressure points (which occur with sharp edges) when the insert is in the locked configuration. Spreading the forces over a length of the suture will benefit suture integrity, enabling better locking, less strain on the suture, and reduced risk to patients that the suture will fail after implantation ([0122]). Furthermore, such a configuration allows for the suture to be captured over at least three points (79a, 79b, 79c) (Fig. 27D; [0123]).
Claim 11. The combination discloses the invention substantially as claimed above, wherein Bowman et al discloses a proximal portion of the convex curvature extends into the channel ([0121]).
Claim 12. The combination discloses the invention substantially as claimed above, wherein Bowman et al discloses the convex curvature spans the entire distal surface ([0121]).
Claim(s) 15, 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stchur in view of Nguyen et al, Clark et al and Graf et al (US 2011/0009885).
Claim 15. Stchur discloses a suture anchor kit comprising:
a suture anchor comprising:
a suture anchor (Fig. 10; wherein Fig. 10 is the cited embodiment but is disclosed as having the same interior features as the earlier embodiments, other than the ribs 31, and therefore previous figures are cited for interior structures claimed below) comprising:
an anchor body (2) having a proximal end (top end), a distal end (bottom end), a longitudinal axis, a first lateral side (left side seen in Fig. 3 or front side seen in Fig. 10) extending between the proximal and distal end, and a second lateral side (right side seen in Fig. 3 or back side seen in Fig. 10) extending between the proximal and distal end ([0028]);
a suture passage (8) comprising a proximal surface and a distal surface and extending through the anchor body from a first opening in the first lateral side to a second opening in the second lateral side (see annotated figure from claim 1; [0028]-[0030]);
one or more proximal ridges (31) disposed on the anchor body, wherein the one or more proximal ridges are distal to the proximal end and proximal to the suture passage (Fig. 10; [0037]);
a channel (space from proximal end through interior surface 30 in Fig. 10 is considered forms one continuous channel) defined within the anchor body and extending along the longitudinal axis of the anchor body from a proximal opening in the proximal end of the anchor body to an opening in the proximal surface of the suture passage (see annotated figure from claim 1; [0028], [0029]); and
an insert (3) comprising an insert body (14) having a proximal end and a distal end, wherein the insert is configured to translate longitudinally within the channel between the proximal end of the anchor body and the distal surface of the suture passage (Fig. 5; [0032]).
one or more sutures (9) configured to be received through the suture passage (Figs. 1, 10; [0028]), such that the insert (3) is configured to clamp the one or more sutures to the distal surface of the suture passage ([0029], [0032], i.e. compression by edge 17).
Stchur fails to disclose a plurality of distal ridges disposed on the anchor body, wherein the plurality of distal ridges is proximal to the distal end and distal to the suture passage, wherein the suture passage separates the one or more proximal ridges from the plurality of distal ridges. However, in a similar field of endeavor, Nguyen et al teaches a suture anchor (10) for bone ([0003]), comprising an anchor body (20) and an insert (30) for inserting into a channel (23) of the anchor body, wherein the anchor body comprises a suture passage (25) extending from a first opening (25a) on a first lateral side to a second opening (25b) on a second lateral side, and a plurality of proximal ridges (see annotated figure from claim 1) and a plurality of distal ridges (see annotated from claim 1), wherein the distal ridges are proximal to the distal end and distal to the suture passage along the length of the anchor body, wherein the suture passage separates the one or more proximal ridges from the plurality of distal ridges (see annotated figure from claim 1, wherein the suture passage and intermediate ridge separate the proximal and distal ridges; [0073], [0095]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the anchor body of Stchur with a plurality of distal ridges disposed on the anchor body, wherein the plurality of distal ridges is proximal to the distal end and distal to the suture passage, wherein the suture passage separates the one or more proximal ridges from the plurality of distal ridges, as taught by Nguyen et al, to substantially reduce the possibility of removal of the anchor when inserted into bone ([0073]), thereby increasing the retention of the suture anchor in the bone hole as compared to an anchor which only has proximal ridges .
Stchur further fails to disclose each one of the one or more proximal ridges comprises a distinct recess. However, in the same field of endeavor, Clark et al teaches a suture anchor (10) comprising an anchor body (20); a suture passage (70) comprising a proximal surface and a distal surface and extending through the anchor body from a first opening in the first lateral side to a second opening in the second lateral side (Figs. 1A and 1B; [0045]); and a plurality of proximal ridges (see annotated figure from claim 1 of the four proximal ridges) disposed on the anchor body, wherein the proximal ridges are distal to the proximal end and proximal to the suture passage and each of the proximal ridges comprises a distinct recess (94) (Fig. 4A; [0050], [0051]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the combination to have each of the one or more proximal ridges comprise a distinct recess as taught by Clark et al to provide a passage to accommodate the suture (9) when the anchor is positioned in bone (27) to prevent damage to the suture (Fig. 9 of Stchur).
Stchur further fails to disclose a broach tool comprising a shaft having a second longitudinal axis and one or more fins projecting outward from the shaft, wherein each fin of the one or more fins projects outward from the shaft with a first projection length located at a proximal portion of the fin, and a second projection length located at a distal portion of the fin, wherein the first projection length is greater than the second projection length, and wherein the fin tapers from the first projection length to the second projection length. Instead, Stchur broadly discloses using a punch or drill without further details of the structures of such a device ([0035]).
Instead, Stchur broadly discloses using a punch or drill without further details of the structures of such a device ([0035]). However, in a similar field of endeavor, Graf et al teaches a bone anchor kit for tissue repair ([0003], [0011]), comprising a bone anchor (10, 60) and a broach tool (80) comprising a shaft (82) having a second longitudinal axis and one or more fins (84a) projecting outward from the shaft, wherein each fin of the one or more fins projects outward from the shaft with a first projection length located at a proximal portion of the fin, and a second projection length located at a distal portion of the fin, wherein the first projection length is greater than the second projection length, and wherein the fin tapers from the first projection length to the second projection length. ([0042]; wherein fins 84a are disclosed as having a similar configuration to anchor 10, and the projection length as claimed can be seen in Fig. 1 for anchor 10 due to the taper). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the combination kit to include such a broach as claimed as taught by Graf et al for the purpose of providing a tool that will create a seat for the anchor ([0042], [0045]).
Claims 18-20. The combination discloses the invention substantially as claimed above, but fails to disclose a delivery device configured to releasably attach to the proximal end of the suture anchor (as per claim 18), wherein the delivery device comprises a handle, a shaft extending from the handle, and an internal driver disposed within the shaft configured to rotate the insert within the anchor body (as per claim 19), and wherein the delivery device further comprises one or more suture cleats configured to tension the one or more sutures prior to insertion of the suture anchor within the bone hole (as per claim 20). Instead, Stchur broadly refers to an insertion tool (28) ([0035]).
However, in the same field of endeavor, Nguyen et al further teaches a delivery device (40) (Fig. 4) configured to releasably attach to the proximal end of the suture anchor, wherein the delivery device comprises a handle (42), a shaft (41a) extending from the handle, and an internal driver (42b) disposed within the shaft configured to rotate the insert within the anchor body, and wherein the delivery device further comprises a suture cleat (45) configured to tension the one or more sutures prior to insertion of the suture anchor within the bone hole ([0072]-[0075]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the combination to include such a delivery tool as claimed as taught by Nguyen et al to provide the mechanisms necessary for making the necessary adjustments during delivery of the suture anchor.
Claim(s) 16 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stchur in view of Nguyen et al, Clark et al and Graf et al as applied to claim 15 above, and further in view of Daniels (US 2007/0162033).
Claim 16. The combination discloses the invention substantially as claimed above, but fails to disclose the broach tool further comprises a plurality of bone engaging ridges on an exterior surface of the one or more fins. However, in a field reasonably pertinent to the particular problem with which Applicant was concerned with, namely creating a hole or seat for the anchor in bone, Daniels teaches a broach (2) having fins (74) with a plurality of bone engaging ridges (43) on the exterior surface (Fig. 6; [0087], [0088]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the combination to include a plurality of bone engaging ridges on an exterior surface of the one or more finds as taught by Daniels for providing a structure that will help break up chips and create the hole/seat for the anchor ([0088]).
Claim 17. The combination discloses the invention substantially as claimed above, wherein Daniels further discloses one or more fins align with the first lateral side and the second lateral side of the anchor body (Fig. 7 of Daniels illustrates how there are diametrically opposed fins, wherein the lateral sides of the anchor body in Stchur are on diametrically opposing sides. Therefore, both of these diametrically opposing sides and fins allow for the fins of Daniels to align with the lateral sides of Stchur).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATHERINE M SHI whose telephone number is (571)270-5620. The examiner can normally be reached Mon-Thurs, 8-5 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Darwin Erezo can be reached at (571)272-4695. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KATHERINE M SHI/Primary Examiner, Art Unit 3771
1 See note about common inventor from the rejection of 3/16/2026.
Prosecution Insights