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 .
Election/Restrictions
Applicant’s election without traverse of Invention I (claims 1-17) in the reply filed on 10/28/25 is acknowledged.
Claims 18-28 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 10/28/25.
Applicant’s election of Species A (Fig. 1, 3, and 4) in the reply filed on 10/28/25 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claim 9 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim.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 10/28/25.
Claims 10-11 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim.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 10/28/25.
The claimed species does not show the suture anchor with the suture coupler passing through it and at least one region of the flexible coupler being attached to a fixation device nor that the “the fixation device is a knotless suture anchor; hence the claims have been withdrawn.
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) 1-5, 16, and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Martin (2015/0066081).
Martin discloses the following claimed limitations:
Claim 1: A soft anchor comprising a tubular sheath (1071, 1801) (Fig. 13b and 8a) having at least two different mass densities (1003 and 1005 in Fig. 13b, 1803a,b and 1805a,b in Fig. 8a) along its length (Fig. 13b and [0129], Fig. 8a and [0103-105]).
Claim 2: wherein the tubular sheath has at least one segment (1003 in Fig. 13b, 1803a,b in Fig. 8a) of a first mass density (Fig. 13b and [0129], Fig. 8a and [0103-105]) and at least another segment (1005 in Fig. 13b, 1805a,b in Fig. 8a) of a second mass density (Fig. 13b and [0129], Fig. 8a and [0103-105]), wherein the first mass density is different from the second mass density (Fig. 13b and [0129], Fig. 8a and [0103-105]).
Claim 3: wherein the tubular sheath has two segments of the first mass density (1003 in Fig. 13b, 1803a,b in Fig. 8a) and one segment of the second mass density (1005 in Fig. 13b, 1805a,b in Fig. 8a) (Fig. 13b and [0129], Fig. 8a and [0103-105]).
Claim 4: further comprising a first plurality of segments (1805a and 1805b) (Fig. 8a and [0103-105]) of the first mass density (Fig. 8a and [0103-105]) and a second plurality of segments (1803a and 1803b) of the second mass density (Fig. 8a and [0103-105]), wherein the first plurality of segments and the second plurality of segments form a pattern along the length of the tubular sheath (Fig. 8a and [0103-105]).
Claim 5: wherein the tubular sheath includes a monofilament braided, weaved, or knitted with additional filaments ([0103], [0105]).
Claim 16: wherein the tubular sheath is non- elastic ([0125]).
Claim 17: wherein the soft anchor is manufactured as a one-piece construct ([0103], [0105]).
Claim(s) 1, 2, 5-8, 12, and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Graul et al. (2014/0316460).
Graul discloses the following claimed limitations:
Claim 1: A soft anchor (Fig. 31-32, [0116], and [0120]) comprising a tubular sheath (10) (Fig. 31-32 and [0116]) having at least two different mass densities (90 and 85) along its length (Fig. 32 and [0120]).
Claim 2: wherein the tubular sheath has at least one segment (90) of a first mass density (Fig. 32 and [0120]) and at least another segment (85) of a second mass density (Fig. 32 and [0120]), wherein the first mass density is different from the second mass density (Fig. 32 and [0120])
Claim 5: wherein the tubular sheath includes a monofilament braided, weaved, or knitted with additional filaments ([0116], [0120]).
Claim 6: further comprising at least one flexible coupler (15, 25) passing at least once through the tubular sheath (Fig. 33).
Claim 7: wherein the at least one flexible coupler (25) enters the tubular sheath at a first location (one of the ends as seen in Fig. 33), extends within the tubular sheath (Fig. 33), and exits the tubular sheath at a second location (the other end as seen in Fig. 33), wherein the second location is different from the first location (Fig. 33).
Claim 8: wherein the first location is a first open end of the tubular sheath (one of the ends as seen in Fig. 33), and wherein the second location is a second open end (the other end as seen in Fig. 33) of the tubular sheath (Fig. 33).
Claim 12: the soft anchor is an all-suture anchor (Fig. 31-33 and [0116]), and the flexible coupler is round suture (Fig. 31-33 and [0116])
Claim 17: wherein the soft anchor is manufactured as a one-piece construct (Fig. 31-33 and [0116])
Claim(s) 1, 5, and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Seedhom et al. (2011/0276137).
Seedhom discloses the following claimed limitations:
Claim 1: A soft anchor (Abstract) comprising a tubular sheath (200, Fig. 4, 900) (Fig.3, 4, and 9) having at least two different mass densities along its length (Fig. 3, 4, and 9, abstract, [0040], [0051], and claim 16).
Claim 5: wherein the tubular sheath includes a monofilament braided, weaved, or knitted with additional filaments ([0007-0009], [0024], and [0051]).
Claim 13: wherein the tubular sheath consists essentially of polyester and UHMWPE (Fig. 4).
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) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Graul et al. (2014/0316460) in view of Denham et al. (2011/0264141).
Graul discloses the claimed invention except for the tubular sheath being elastic.
Denham discloses another well-known tubular sheath (10) (Fig. 1) where the tubular sheath can be elastic ([0040]).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to make the tubular sheath of Graul elastic in view of the teachings of Denham, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Claim(s) 14 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Seedhom et al. (2011/0276137) in view of Mayer et al. (2008/0281355)
Seedhom discloses the claimed invention except for the tubular sheath having elastane which would make it elastic.
Mayer discloses another well-known tubular sheath (60) (Fig. 7-7a) where the tubular sheath can be made of elastane such as polyurethanes which would make it elastic ([0053]).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to make the tubular sheath of Seedhom with an elastane in view of the teachings of Mayer, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art of record appears to teach the claimed limitations when considered in combination.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DIANNE DORNBUSCH whose telephone number is (571)270-3515. The examiner can normally be reached Monday-Wednesday 9 am-3 pm.
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/DIANNE DORNBUSCH/Primary Examiner, Art Unit 3771