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 .
Response to Amendment
In light of Applicant’s amendment, claim(s) 1 and 8 is/are amended and claim(s) 2-4, 7, 9-10, and 13-20 is/are canceled. Claims 6 and 12 remain withdrawn. Claims 1, 5, 8, and 11 are now pending examination.
The interpretation of the term “securement mechanism” under U.S.C. 112(f) is withdrawn in light of Applicant’s amendment.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 8 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. Specifically, the amendment to the claims to include “one or more sutures; and wherein the surface is abutted by the one or more sutures when the one or more sutures are captured between the loop and the securement mechanism and the portions of the one or more sutures are contained within the interior cavity when captured” overcomes the previous rejection as written. However, a new grounds of rejection is presented in view of Hoffman.
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.
Claim(s) 1, 5 and 8, 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hoffman (US 20220031300 A1).
Regarding claim 1, Hoffman discloses system for tissue repair (300) (Figure 11), the system comprising:
a needle (302) (Figure 11; Paragraph 0162);
one or more sutures (324, 330) (Figure 11; Paragraph 0164);
a kite (305) configured to couple with the needle and forming a loop, wherein the loop is configured to receive the one or more sutures (Figure 11; Paragraph 0163-164); and
a securement mechanism (312) which is fully capable of being configured to be moveable relative to the loop of the kite to reduce a size of a portion of the loop that receives the one or more sutures and to selectively engage the one or more sutures such that the one or more sutures are captured between the loop and the securement mechanism (Figure 11; 12A: Paragraph 0164) (Although the tissue anchor 312 is not depicted or disclosed as moving relative to the loop, it is provided with numerous openings with which, if slid over the loop, would result in reducing a size of the loop. Further, the sutures would be captured between the loop and the anchor since the sutures 324, 330 are located between the loop 305 and tissue anchor 312.);
wherein the securement mechanism includes a plurality of passages (342, 344) therein being fully capable of being configured to receive parts of the kite and allow for selective movement of the securement mechanism relative to the kite (Paragraph 0167);
wherein the securement mechanism includes an interior cavity (338) in communication with the plurality of passages (Figure 12B; Paragraph 0167), wherein the interior cavity is configured to receive portions of the one or more sutures (Figure 12C; Paragraph 0167), wherein the securement mechanism forms a surface at an end of the interior cavity adjacent the plurality of passages (upper inner surface of 312 surrounding 338) (Figure 12B-C), and wherein the surface is abutted by the one or more sutures when the one or more sutures are captured between the loop and the securement mechanism and the portions of the one or more sutures are contained within the interior cavity when captured (Figure 11; 12C; Paragraph 0167).
Regarding claim 5, Hoffman further discloses wherein the securement mechanism is configured as a button (the tissue anchor is seen as a button) (Figure 12; Paragraph 00164).
Regarding claim 8, Hoffman discloses an assembly for tissue repair (300) comprising:
a needle (302) (Figure 11; Paragraph 0162);
one or more sutures (324, 330) (Figure 11; Paragraph 0164);
a kite (305) coupled to the needle at a base (310) and having a capture portion extending from the base that forms a loop, wherein the loop is configured to receive the one or more sutures (Figure 11; Paragraph 0163-164); and
a securement mechanism (312) coupled to the kite and moveable relative to the loop of the kite to reduce a size of a portion of the loop that receives the one or more sutures and to selectively engage the one or more sutures such that the one or more sutures are captured between the loop and the securement mechanism (Figure 11; 12A: Paragraph 0164) (Although the tissue anchor 312 is not depicted or disclosed as moving relative to the loop, it is provided with numerous openings with which, if slid over the loop, would result in reducing a size of the loop. Further, the sutures would be captured between the loop and the anchor since the sutures 324, 330 are located between the loop 305 and tissue anchor 312.);
wherein the securement mechanism includes a plurality of passages (342, 344) therein that receive the capture portion of the kite and allow for selective movement of the securement mechanism relative to the kite along the capture portion (Paragraph 0167);
wherein the securement mechanism forms a surface (upper inner surface of 312 surrounding 338) at an end of an interior cavity (338) adjacent the plurality of passages (Figure 12B-C), wherein the interior cavity receives portions of the one or more sutures (Figure 12C; Paragraph 0167), and wherein the surface is abutted by the one or more sutures when the one or more sutures are captured between the loop and the securement mechanism and the portions of the one or more sutures are contained within the interior cavity when captured (Figure 11; 12C; Paragraph 0167).
Regarding claim 11, Hoffman further discloses wherein the securement mechanism is configured as a button (the tissue anchor is seen as a button) (Figure 12; Paragraph 00164).
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.
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/Z.J./Examiner, Art Unit 3771
/KATHERINE H SCHWIKER/Primary Examiner, Art Unit 3771