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
This action is entered in response to Applicant’s amendment and reply of May 1, 2026. Claims 6-8, 12, 13 are amended. Claim 9 is cancelled. Claim 21 is newly added. Claims 1-8, 10-21 are pending.
Response to Arguments
Applicant’s arguments, see Remarks, filed May 1, 2026, with respect to the rejections of claims 1-2, 4-6, 10 under 35 U.S.C. 102(a)(1) as being anticipated by Higgins et al, US 2023/0113040 A1; claim 3 under 35 U.S.C. 103 as being unpatentable over Higgins; and Claim 16 under 35 U.S.C. 103 as being unpatentable over Higgins in view of Munnelly, US 2015/0091219 A1 have been fully considered and are persuasive. It is agreed that Higgins teaches the plates (14, 16) are permanently attached to the press (12), and therefore cannot be configured to hold the harvested tissue under compression when the plate assembly is removed from the press (see Remarks, pages 9-10). Therefore, the rejections have been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Munnelly, US 2015/0091219 A1 and/or Snedeker, et al, US 2013/0134632 A1.
The amendments to claims 12-13 have overcome the previous rejections under 35 USC 112b.
The indication of allowable subject matter for claims 17-18, 20 has been withdrawn in light of the new rejections below.
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.
Claims 1, 16, 17, 20 and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Munnelly, US 2015/0091219 A1.
Regarding claim 1, Munnelly discloses a system (Figs. 1A-D and 400, Figs. 4A-B), comprising: a press (actuators, see para [0046]; [0053]-[0056]); and a plate assembly (120, 110 or 410, 420) including a first plate (120, 420) defining a cavity (160, 444, 442) configured to receive harvested tissue and a second plate (110, 410) including a projection (150, 450, Fig. 4A) insertable into the cavity, wherein the press is configured to apply pressure to the plate assembly to compress the harvested tissue (paras [0043]-[0046]; [0049]-[0050]), and wherein the plate assembly (120, 110; 400) is configured to hold the harvested tissue under compression when the plate assembly is removed from the press (actuators that apply ultrasound, mechanical or vibrational energy can be coupled to the plates, indicating that the actuator is removable from the plate assembly, see paras [0052]; [0053]-[0056]).
Regarding claim 16, Munnelly discloses the system as recited in claim 1, and an assembly (400, Figs. 4A-B) having a first plate (410) and a second plate (420) for compression of tissue (para [0052]), where the first plate includes a recessed section (444, 442, areas of different elevations are recessed; or 412 has a recessed corner, para [0052]), the second plate includes a recessed section (444, 442, areas of different elevations are recessed; or 412 has a recessed corner), and the system further comprises a clamp (480) configured to interface with the recessed sections of the first plate and second plate to hold the harvested tissue under compression (Fig. 4B, para [0052]; according to BRI of claim clamp can interface either directly or indirectly with sections 444, 442, 412 by being engaged around plates 410, 420).
Regarding claim 21, Munnelly discloses the system as recited in claim 1, wherein the plate assembly is separable from the press and is configured to be handled as a unit while separated from the press and while the harvested tissue is held under compression between the first plate and the second plate (actuators that apply ultrasound, mechanical or vibrational energy can be coupled to the plates, indicating that the actuator is removable or separable from the plate assembly, see paras [0052]; [0053]-[0056]).
Regarding claim 17, Munnelly discloses a surgical method (paras [0043]-[0046]; [0049]-[0050]; para [0052]; Figs. 1A-D, 4A-B), comprising: placing harvested tissue into a cavity of a first plate (120, para [0044]; 420, Fig. 4A); arranging a second plate relative to the first plate such that a projection of the second plate is configured to fit within the cavity of the first plate (110, 150, para [0046]; 410, Fig. 4A); arranging the first plate (120, 420), second plate (110, 410), and harvested tissue relative to a press (actuator, paras [0046]; [0053]-[0056]); changing a dimension of the harvested tissue by using the press to apply pressure to the first and second plate (paras [0046]-[0047]; [0053]-[0056]); and removing the first plate, second plate, and harvested tissue from the press with the first and second plate held together such that the first and second plate hold the harvested tissue under compression (actuators that apply ultrasound, mechanical or vibrational energy can be coupled to the plates, indicating that the actuator is removable or separable from the plate assembly, see paras [0052]; [0053]-[0056]).
Regarding claim 20 Munnelly discloses the surgical method as recited in claim 17, further comprising: before the removing step, using a clamp (480) to hold a relative position of the first and second plates (Fig. 4B, para [0052]).
Claims 1, 17, 20 and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Snedeker et al, US 2013/0134632 A1.
Regarding claim 1, Snedeker discloses a system (Figs. 1-5, para [0073]), comprising: a press (Part A, see para [0073]); and a plate assembly (template, Part B, para [0073]) including a first plate (21, Fig. 4) defining a cavity (24, Fig. 4) configured to receive harvested tissue and a second plate (22, Fig. 4) including a projection (23, Fig. 4) insertable into the cavity, wherein the press is configured to apply pressure to the plate assembly to compress the harvested tissue (paras [0073]-[0075]), and wherein the plate assembly (template, Part B) is configured to hold the harvested tissue under compression when the plate assembly is removed from the press (Part B, template, is removable and disposable from Part A and can be interchangeable, see paras [0075]; [0077]).
Regarding claim 21, Snedeker discloses the system as recited in claim 1, wherein the plate assembly is separable from the press and is configured to be handled as a unit while separated from the press and while the harvested tissue is held under compression between the first plate and the second plate (Part B, template, is removable and disposable from Part A and can be interchangeable, see paras [0075]; [0077]).
Regarding claim 17, Snedeker discloses a surgical method (Figs. 1-5, paras [0073]-[0075]), comprising: placing harvested tissue into a cavity of a first plate (tendon tissue, Part B, para [0075]); arranging a second plate relative to the first plate such that a projection of the second plate is configured to fit within the cavity of the first plate (Fig. 4, 22; 21 with 24, 23, paras [0073]-[0075]); arranging the first plate (21), second plate (22), and harvested tissue relative to a press (Part A, Figs. 1-2); changing a dimension of the harvested tissue by using the press to apply pressure to the first and second plate (paras [0073]-[0075]); and removing the first plate, second plate, and harvested tissue from the press with the first and second plate held together such that the first and second plate hold the harvested tissue under compression (Part B, template, is removable and disposable from Part A and can be interchangeable, see paras [0075]; [0077]).
Regarding claim 20, Snedeker discloses the surgical method as recited in claim 17, further comprising: before the removing step, using a clamp (Figs. 1-2, Part A) to hold a relative position of the first and second plates (see paras [0075]; [0077]).
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.
Claims 2, 6, 10 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Munnelly in view of Higgins, US 2023/0113040 A1.
Regarding claim 2, Munnelly discloses the system as recited in claim 1, but is silent as to wherein the second plate includes a post and the first plate includes an opening configured to receive the post. However, Higgins in the same field of art teaches Higgins discloses a system (10, Figs. 1-7, para [0013]), comprising: a press (12); and a plate assembly (14, 16) including a first plate (14) defining a cavity (42, Fig. 2, para [0019]) configured to receive harvested tissue (tissue 68, see para [0031]) and a second plate (16) including a projection (58, Fig. 3, para [0023]) insertable into the cavity, wherein the press is configured to apply pressure to the plate assembly to compress the harvested tissue (para [0031]); and wherein the second plate includes a post (66, Fig. 3) and the first plate includes an opening (50, Fig. 2) configured to receive the post (para [0025]). One of ordinary skill in the art before the effective filing date of the claimed invention would have recognized that applying the known technique of having a post and openings to engage plates as taught by Higgins to Munnelly would have yielded predictable results and resulted in an improved system. It would have been recognized that applying the technique of post/openings to the plates of Munnelly would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate such additional engagement features between plates to secure tissue. Further, applying post/openings to the plates of Munnelly, would have been recognized by one of ordinary skill in the art as resulting in an improved system that would allow more efficient interaction and/or engagement between the plates.
Regarding claims 6 and 10, Munnelly discloses the system as recited in claim 1, but is silent as to wherein the first plate includes a first slot and the second plate includes a second slot shaped substantially the same as first slot and configured to vertically overlap with the first slot; and wherein the first slot is one of four first slots of the first plate, and the second slot is one of four second slots of the second plate. However, Higgins, as noted above for claim 2, in the same field of art teaches wherein the first plate (14) includes a first slot (holes 48) and the second plate (16) includes a second slot (holes 64) shaped substantially the same as first slot and configured to vertically overlap with the first slot (see para [0024]); wherein the first slot is one of four first slots of the first plate (holes 48 are on each of the four corners, Fig. 2), and the second slot is one of four second slots of the second plate (holes 64 are on each of the four corners, Fig. 3, para [0024]).
One of ordinary skill in the art before the effective filing date of the claimed invention would have recognized that applying the known technique of having a slot to engage plates as taught by Higgins to Munnelly would have yielded predictable results and resulted in an improved system. It would have been recognized that applying the technique of overlapping slots to the plates of Munnelly would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate such additional engagement features between plates to secure tissue. Further, applying overlapping slots to the plates of Munnelly, would have been recognized by one of ordinary skill in the art as resulting in an improved system that would allow more efficient interaction and/or engagement between the plates.
Regarding claim 18 Munnelly discloses the surgical method as recited in claim 17, but is silent as to wherein, during the removing step, the first and second plate are held together at least in part by an interface between a post of the second plate received in an opening of the first plate.
However, Higgins in the same field of art teaches Higgins discloses a system (10, Figs. 1-7, para [0013]), wherein, the first and second plate are held together at least in part by an interface between a post of the second plate received in an opening of the first plate (66, Fig. 3; 50, Fig. 2, para [0052]). One of ordinary skill in the art before the effective filing date of the claimed invention would have recognized that applying the known technique of having a post and openings to engage plates as taught by Higgins to Munnelly would have yielded predictable results and resulted in an improved system. It would have been recognized that applying the technique of post/openings to the plates of Munnelly would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate such additional engagement features between plates to secure tissue. Further, applying post/openings to the plates of Munnelly, would have been recognized by one of ordinary skill in the art as resulting in an improved system that would allow more efficient interaction and/or engagement between the plates.
Allowable Subject Matter
Claims 7-8 are allowed.
Claims 3-5, 11-15, 19 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATRINA M STRANSKY whose telephone number is (571)270-3843. The examiner can normally be reached Monday-Friday 8:30 am-5:00 pm EST.
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/KATRINA M STRANSKY/Primary Examiner, Art Unit 3700
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