DETAILED ACTION
This Office Action is a Response to Applicant’s Arguments and Amendment submitted 11/19/2025.
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 .
Claim Objections
The objection to claim(s) 14 in the previous Office Action for being duplicative is hereby withdrawn in view of Applicant’s Amendment.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1-3, 5-10, 11-12, and 14-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2014/0257378 A1 to Norton et al. (hereinafter “Norton”) (previously made of record by the Examiner).
Regarding claim 1, Norton discloses (see abstract; Figs. 12A-C; and [0033]-[0082]) a knotless suture shuttling and anchoring system (800, Figs. 12A-C) comprising: a primary suture strand (804/808) having a first tipped end (end extending from limb 804, Fig. 12B) and a second opposing end (end extending from limb 808, Fig. 12B); and a secondary suture strand (816) having two opposing ends (828/832) connected to said primary suture strand to form an integrated suture loop (see Fig. 12B and [0070]), wherein said suture loop is positioned on said primary suture strand intermediate said first tipped end and said second opposing end (see Fig. 12B), wherein said two opposing ends of said secondary suture strand are connected to said primary suture strand at two different points of said primary suture strand (see Fig. 12b, ends 828/832 are separated along the length of suture 804/808), wherein said primary suture strand, together with said secondary suture strand, forms said integrated suture loop (see Fig. 12B and [0070]).
Norton further discloses (claim 2) further comprising a locking limb portion (portion between #s 804 through portion 808 to the end thereof, Fig. 12B) of said primary suture strand, wherein said locking limb portion comprises a portion of said primary suture strand beginning intermediate said suture loop and said second opposing end (see Fig. 12B), tapering in increasing thickness towards said second opposing end (see [0068], in addition to a structural identifier such as a loop, the suture construct can include a structural identification characteristic extending the entire length of the suture to differentiate the two limbs - as shown in Fig. 13 and [0076], a suitable structural identification characteristic is shown as including a taper increasing in thickness towards an opposing end); (claim 3) a fixation device (anchor 812) having one or more holes formed thereon ("eyelet", [0070]), wherein said primary suture strand passes through said one or more holes (see [0070]); (claim 5) wherein said second opposing end of said primary suture strand is tipped (see Figs. 1A/12B and [0034]/[0070]); (claim 6) wherein said two opposing ends of said second suture strand are affixed to said primary suture strand (see Fig. 12B and [0070]); (claim 7) wherein said two opposing ends of said second suture strand are integrally formed on said primary suture strand (see Fig. 12B and [0070]); (claim 8) wherein said suture loop is not positioned adjacent to said first tipped end of said primary suture strand (see Fig. 12B); (claim 9) wherein said primary suture strand is at least in part constructed of braided polyethylene (see [0043]); (claim 11) wherein said locking limb portion of said primary suture strand is at least in part constructed of braided polyethylene tape (see Fig. 13 and [0075]-[0076], the flattened portion is interpreted as a tape); and (claim 15) wherein a portion of said primary suture strand not including said locking limb portion is at least in part constructed of braided polyethylene (see [0043]).
Regarding claim 11, Norton discloses (see abstract; Figs. 12A-C; and [0033]-[0082]) a knotless suture shuttling and anchoring system (800, Figs. 12A-C) comprising: a primary suture strand (804/808) having a first tipped end (end extending from limb 804, Fig. 12B) and a second opposing end (end extending from limb 808, Fig. 12B) and a locking limb portion of said primary suture strand (portion between #s 804 through portion 808 to the end thereof, Fig. 12B), wherein said locking limb portion comprises a portion of said primary suture strand has a first end beginning intermediate said first tipped end of said primary suture strand and said second opposing end of said primary suture strand (portion between #s 804 through portion 808 to the end thereof, Fig. 12B), and a second end of said locking limb portion terminating at said second opposing end of said primary suture strand, said locking limb portion tapering in increasing thickness towards said second opposing end of said primary suture strand (see [0068], in addition to a structural identifier such as a loop, the suture construct can include a structural identification characteristic extending the entire length of the suture to differentiate the two limbs - as shown in Fig. 13 and [0076], a suitable structural identification characteristic is shown as including a taper increasing in thickness towards an opposing end).
Norton further discloses (claim 12) a fixation device (anchor 812) having one or more holes formed thereon ("eyelet", [0070]), wherein said primary suture strand passes through said one or more holes (see [0070]); (claim 14) wherein said second opposing end of said primary suture strand is tipped (see Figs. 1A/12B and [0034]/[0070]); (claim 16) wherein said locking limb portion of said primary suture strand is at least in part constructed of braided polyethylene tape (see Fig. 13 and [0075]-[0076], the flattened portion is interpreted as a tape); (claim 17) a secondary suture strand (816) having two opposing ends (828/832) connected to said primary suture strand to form an integrated suture loop (see Fig. 12B and [0070]), wherein said suture loop is positioned on said primary suture strand intermediate said first tipped end and said second opposing end (see Fig. 12B); (claim 18) wherein said two opposing ends of said second suture strand are affixed to said primary suture strand (see Fig. 12B and [0070]); (claim 19) wherein said two opposing ends of said second suture strand are integrally formed on said primary suture strand (see Fig. 12B and [0070]); and (claim 20) wherein said suture loop is not positioned adjacent to said first tipped end of said primary suture strand (see Fig. 12B).
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.
Claim(s) 4 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Norton in view of US 2021/0401567 A1 to Bachmaier et al. (hereinafter “Bachmaier”) (previously of record).
Norton discloses the invention substantially as claimed, as discussed above, including that the
system includes a fixation device having one or more holes formed thereon, wherein said primary suture
strand passes through said one or more holes, such as anchors (see [0070]); but fails to disclose wherein
the fixation device is specifically a button having two eyelets formed thereon, wherein said primary
suture strand passes through said two eyelets. Bachmaier discloses, in the same field of endeavor, the
known interchangeablity of fixation devices being either anchors or buttons (see [0043]), wherein the
button has two eyelets (20) formed thereon, wherein a suture construct (14) passes through said two
eyelets (see Fig. 1 and [0043]-[0045]). It would have been obvious to one having ordinary skill in the art
before the effective filing date of the claimed invention, as a matter of simple substitution of one known
element for another (see KSR International Co. v. Teleflex Inc., 550 U.S. 398, 82 USPQ2d 1385, 1395-97
(2007)), to obtain the predictable result of a fixation device for Norton’s construct, by using a button
having two apertures instead of an anchor, as taught by Bachmaier, since Bachmaier discloses the
known interchangeability of anchors and buttons in the art with predictable results to those of ordinary
skill in the art.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAUN L DAVID whose telephone number is (571)270-5263. The examiner can normally be reached M-F 10AM-6:30PM.
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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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/SHAUN L DAVID/Primary Examiner, Art Unit 3771