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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 05/22/2026 has been entered.
Response to Arguments
Applicant argues in the response filed 04/27/2026 (of the after-final arguments, with no further arguments/amendments in the RCE file 05/22/2026) that Stone in view of Zajac and Rodriguez would not render obvious the claims of record. Specifically, the applicant argues “Stone, Rodriguez, and Zajac taken alone or in any proper combination fails to disclose, teach, or render obvious, the shuttle capable of being positioned within the at least portion of the hollow braid of the first suture wrapping around the at least portion of the otter wall of the suture anchor, and the shuttle is capable of being actuated to move the other of the first or second end portions of the second suture into the at least a portion of the hollow braid of the first suture wrapping around the at least a portion of the outer wall of the suture anchor as recited by independent claim 1”. However, it is noted that claim 1 does claim why/the function of the hollow braid wrapping around the suture anchor nor why the suture second is moved into the at least portion of the hollow braid that is wrapped around a portion of the outer wall. Further, the claim uses functional language that the shuttle is capable of being positioned within the hollow braid and actuated to move second suture into the hollow braid. The examiner maintains Stone has a hollow braid of a first suture that can read on wrapping around the suture anchor based on the teaching of Rodriguez. Stone also teaches a second suture which can move into the first suture. Rodriguez and Zajac can further teach the use of a shuttle. The shuttle can be used to thread the second suture into the hollow braid of the first suture. The second suture of Stone may not be able to be threaded through soft tissue and then moved into the first suture to approximate the soft tissue to the suture anchor where the hollow braid of the first suture remains proximate to the suture anchor, however a shuttle can move the second suture into the hollow braid of the first suture, which is wrapped around the suture anchor. Therefore Stone as modified by Rodriguez and Zajac can render obvious the claim as argued below.
The applicant argues that the prior art would not be able to read on claim 10 with similar arguments with respect to the claim 1 and Stone as modified by Rodriguez and Zajac would not be able read on the limitations with respect to the encircling of the first suture and the forming of the one-way tensioning mechanism. The examiner maintains the prior art will be able to read on the claim limitations since the claim uses functional language of the shuttle capable of being positioned within the hollow braid and moving the second suture into the hollow braid to form a one-way tensioning mechanism. The prior art will be able to read on a hollow braid of a first suture which encircles the first suture, a shuttle which can move a second suture into the hollow braid. Therefore the prior art will be able to read on the claims of record. Further limitations with respect to the function/purpose of the hollow braid and the moving of the second suture into the first suture is needed to overcome the prior art of record.
The applicant similarly argues with respect to claim 18 that the prior art does not render obvious the first suture including a hollow braid wraps around a portion of the suture anchor and the body of the second suture passing internally through the at least a portion of the hollow braid of the first suture wrapping around the at least portion of the outer wall of the suture anchor. However claim 18 does not state why the first suture wraps around the suture anchor and why/when the second suture is passed internally through the hollow portion. Further, the specific portion of hollow portion that has the second suture is not claimed. Stone does disclose the first suture is hollow and a second suture is positioned within the first suture. Rodriguez teaches the use of having the first suture wrap around a suture anchor. The second suture can be within a portion of the part of the first suture that is wrapped around the suture anchor, and that is external to the suture anchor at a given time. Further limitations with respect to the purpose and function of the first suture wrapping around the suture anchor and having the second suture passing internally through the first anchor is needed to overcome the prior art of record.
The examiner maintains the rejections of Stone in view of Rodriguez and Zajac below. New rejections with respect to Rodriguez and Dreyfuss in view of Rodriguez have been made. See rejections below.
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.
Claims 1, 2, 5-13, 15, 16 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication 2013/0144338 to Stone in view of U.S. Patent Publication 2013/0096612 to Zajac and U.S. Patent Publication 2015/0173739 to Rodriguez.
As to claim 1, Stone discloses a device for securing soft tissue to bone (paragraph 6), comprising: a suture anchor (30, figure 2) capable of being positioned within a bone hole, the suture anchor including a first end (figure 1a,c), a second end (figure 1a,c), an outer wall (figure 1a,c) extending along a length between the first end and the second end (figure 1a,c), and a hollow interior (paragraph 48, the inner lumen of the tube) extending along at least a portion of the length; a first suture (12) including a first end portion (figure 1a,c), a second end portion (figure 1a,c), and a hollow braid (paragraph 46, the entire suture can be hollow), the first suture passing through the outer wall of the suture anchor at least once (figure 1a,c), wherein at least a portion of the first suture is positioned within at least a portion of the hollow interior of the suture anchor (figure 1a,c); a second suture (14) including a first end portion (50) and a second end portion (52), one of the first or second end portions of the second suture coupled to the first suture (figure 1a, 4), but is silent about at least a portion of the hollow braid wraps around at least a portion of the outer wall of the suture anchor, a shuttle and a suture-engaging structure, the shuttle capable of being positioned within at least a portion of the hollow braid of the first suture wrapping around the at least a portion of the outer wall suture anchor, the other of the first or second end portions of the second suture capable of being coupled to the suture-engaging structure, wherein the shuttle is capable of being actuated to move the other of the first or second end portions of the second suture into the hollow braid of the first suture wrapping around at least a portion of the outer wall of the suture anchor. However, it is to be noted the first suture is hollow along its entire length and the second suture is shuttled into the first suture as seen in figure 1a.
Rodriguez teaches a similar device (tissue repair, abstract) having a portion of the first suture wrapping around at least a portion of an outer wall of a suture anchor (figure 7, 8, 18b,d, paragraph 72, 73, 87, 90) for the purpose of aiding in the expansion of the anchor when deployed to help secure the anchor into bone. Rodriguez teaches that the suture can snake, extend circumferentially across, and/or create a loop around the anchor which can control how the anchor will expand when deployed into bone. The first suture of Stone can similarly wrap around the suture anchor which can help secure the first suture to the suture anchor. Since the first suture is hollow, a portion of the hollow braid will therefore wrap around at least a portion of the outer wall of the suture anchor. It would have been obvious to one of ordinary skill in the art before the effective filing date to have at least a portion of the hollow braid of the first suture of Stone wrap around at least a portion of the outer wall of the suture anchor as taught by Rodriguez in order for helping to transform and secure the anchor into bone as desired.
Zajac teaches a similar device (repair systems, abstract) having a shuttle (4) and a suture-engaging structure (4a), the shuttle capable of being positioned within at least a portion of the hollow braid of the first suture, which will be wrapped around at least portion of the outer wall of the suture anchor (as taught by Rodriguez), the other of the first or second end portions of the second suture capable of being coupled to the suture engaging structure (figure 5,6), wherein the shuttle is capable of being actuated to move the other of the first or second end portions of the second suture into the at least a portion of the hollow braid of the first suture (figure 5,6, paragraph 29, 33) which will be wrapped around at least portion of the outer wall of the suture anchor (as taught by Rodriguez) for the purpose of helping to passing a first suture through a second suture. Rodriguez also teaches a shuttle and a suture-engaging structure (90, figure 8) can be positioned within the first suture. The first suture of Stone is hollow, and will wrap around the suture anchor as taught by Rodriguez. The claim does not state why the shuttle moves the second suture into the hollow portion just that the shuttle is capable of being positioned within the hollow portion and move the second suture into the hollow portion which is wrapped around the suture anchor. The second suture of Stone does seem to be moved with respect to the first suture. Therefore the shuttle of Rodriguez/ Zajac will be able to move the second suture into the hollow portion of the first suture which wraps around the suture anchor. It would have been obvious to one of ordinary skill in the art before the effective filing date to use the shuttle of Zajac with the device of Stone in order for aiding in passing a second suture through a first suture.
As to claim 2, Stone as modified by Rodriguez and Zajac discloses when the shuttle is positioned within at least the portion of the hollow braid of the first suture, the portion of the hollow braid of the first suture is positioned outside of the hollow interior of the suture anchor. The portion of the hollow braid that wraps around the suture anchor, as taught by Rodriguez (figure 7, 8, 18b,d) and that can have a shuttle placed therethrough, is positioned outside of the hollow interior of the suture anchor.
As to claim 5, with the device of Stone, Rodriguez, and Zajac above, Stone discloses the one of the first or second end portions of the second suture is coupled to one of the first or second end portions of the first suture by an opposing end to end tuck splice (figure 1a). The specification does not have a definition of an “end-to-end tuck splice”. Therefore the coupling will be interpreted broadly. The end suture second is coupled to the first suture, the second suture does have a splice, as well as an end of the suture that is tucked. There are two ends that are coupled. Therefore the coupling and structure of the first and second sutures as seen in figure 1a of Stone will be able to read on the “end-to-end tuck splice”.
As to claim 6, with the device of Stone, Rodriguez, and Zajac above, Stone discloses the one of the first or second end portions of the second suture is coupled to one of the first or second end portions of the first suture by opposing finger trap structures (figure 1a). The structure of 22/28 as well as 56 can seem to read on a finger trap and they are opposing sides of the suture. Therefore Stone will be able to read on the opposing finger trap coupling structure.
As to claim 7, Stone as modified by Rodriguez and Zajac discloses at least portions of the first suture are positioned outside of the hollow interior of the suture anchor (figure 1a of Stone), and the shuttle is positioned within the at least two portions of the first suture outside of the hollow interior of the suture anchor (figure 1a and figures 7, 8, 18b,d of Rodriguez), wherein the shuttle is capable of being actuated to move the other of the first or second end portions of the secure suture into the hollow braid of the least two portions of the first suture positioned outside of the hollow interior of the suture anchor (figure 1a). The shuttle as taught by Zajac will move the portions of the second suture within the first suture outside of the anchor as taught by Rodriguez.
As to claim 8, with the device of Stone, Rodriguez, and Zajac above, Stone discloses none of the second suture is positioned within the hollow interior of the suture anchor (figure 1a). In the configuration as seen in figure 1a, none of the second suture is positioned within the hollow interior of the suture anchor.
As to claim 9, with the device of Stone, Rodriguez and Zajac above, Stone discloses the one the first or second end portions of the secured suture is coupled to the first suture without passing through the hollow braid of the first suture (figure 4). The portion 50 is coupled to the first suture without passing through the first suture.
As to claim 10, Stone discloses a device for securing soft tissue to bone (paragraph 6), comprising: a suture anchor (30, figure 2) capable of being positioned within a bone hole, the suture anchor including a first end (figure 1a,c), a second end (figure 1a,c), an outer wall (figure 1a,c) extending along a length between the first end and the second end (figure 1a,c), and a hollow interior (paragraph 48, the inner lumen of the tube) extending along at least a portion of the length; a first suture (12) including a first end portion (figure 1a,c), a second end portion (figure 1a,c), and a hollow braid (paragraph 46, the suture can be hollow), the first suture passing through the outer wall of the suture anchor at least once (figure 1a,c), wherein at least a portion of the first suture is positioned within at least a portion of the hollow interior of the suture anchor (figure 1a,c); a second suture (14) including a first end portion (50) and a second end portion (52), one of the first or second end portions of the second suture coupled to the first suture (figure 1a, 4), but is silent about another portion of the first suture encircling the suture anchor circumferentially around the outer wall at least one half of a complete rotation and a shuttle and a suture-engaging structure, the shuttle capable of being positioned within at least a portion of the hollow braid of the first suture the other of the first or second end portions of the second suture capable of being coupled to the suture engaging structure, wherein the shuttle is capable of being actuated to move the other of the first or second end portions of the second suture into the hollow braid of the first suture encircling the suture anchor until an interaction between the second suture and the first suture forms a one-way tensioning mechanism, wherein when the device is disposed in a bone cavity and the second suture is passed through the soft tissue, the one-way mechanism causes the soft tissue to secure to the bone. However, it is to be noted the first suture is hollow along its entire length and the second suture is shuttled into the first suture as seen in figure 1a.
Rodriguez teaches a similar device (tissue repair, abstract) having a portion of the first suture encircling the suture anchor circumferentially around the outer wall at least one half of a complete rotation (figure 7, 8, 18b,d, paragraph 72, 73, 87, 90) for the purpose of aiding in the expansion of the anchor when deployed to help secure the anchor into bone. Rodriguez teaches that the suture can snake, extend circumferentially across, and/or create a loop around the anchor which can control how the anchor will expand when deployed into bone. This configuration can read on encircling the suture anchor at least one half of a rotation. The first suture of Stone can similarly encircle around the suture anchor to help secure the suture to the anchor. Since the first suture is hollow, a portion of the hollow braid will therefore encircle around at least a portion of the outer wall of the suture anchor. It would have been obvious to one of ordinary skill in the art before the effective filing date to have another portion of the first suture of Stone encircle the suture anchor circumferentially around the outer wall at least one half of a complete rotation as taught by Rodriguez in order for helping to transform and secure the anchor into bone as desired.
Zajac teaches a similar device (repair systems, abstract) having a shuttle (4) and a suture-engaging structure (4a), the shuttle capable of being positioned within at least a portion of the hollow braid encircling the suture anchor (as taught by Rodriguez) and, the other of the first or second end portions of the second suture capable of being coupled to the suture engaging structure (figure 5,6), wherein the shuttle is capable of being actuated to move the other of the first or second end portions of the second suture into the at least a portion hollow braid of the first suture (figure 5,6, paragraph 29, 33) which will be encircling the suture anchor (as taught by Rodriguez) until an interaction between the second suture and the first suture forms a one-way tensioning mechanism, wherein when the device is disposed in a bone cavity and the second suture is passed through soft tissue, the one-way tensioning mechanism causes the soft tissue to secure to the bone for the purpose of helping to passing a first suture through a second suture. The first suture of Stone is hollow and the second suture does pass into the first suture. A shuttle, as taught by Rodriguez/Zajac can help position the second suture into the first suture. Further, the shuttle will be capable of continuing to pass the second suture into the first suture which encircles the suture anchor until a one-way tensioning mechanism is created since the second suture is passed into the first suture in one direction and also as a similar one-way tensioning mechanism (via 62, 64). This mechanism can then be capable of securing soft tissue to bone if/when the second suture is passed through soft tissue (figure 8a-d for example of Stone). The shuttle of Rodriguez/Zajac will be capable of positioning the second suture with respect to the first suture and suture anchor as claimed. It would have been obvious to one of ordinary skill in the art before the effective filing date to use the shuttle of Zajac with the device of Stone and Rodriguez in order for aiding in passing a first suture through a second suture.
As to claim 11, with the device of Stone, Rodriguez, and Zajac above, Rodriguez further teaches a first portion of the first suture and a second portion of the first suture extend from an end portion of the first suture, the first portion encircling the suture anchor circumferentially around the outer wall at least one half of a complete rotation and the second portion passing through the outer wall of the suture anchor at least twice (figure 7, 18b,d).
As to claim 12, with the device of Stone, Rodriguez, and Zajac above, Rodriguez further teaches the end portion of the first suture is partially disposed within the hollow interior of the suture anchor (figure 7, 18b,d).
As to claim 13, with the device of Stone, Rodriguez, and Zajac above, Rodriguez further teaches the end portion of the first suture includes a loop (figure 7, 18b,d). Each of the end portions have a loop formation. The loop may not be a closed loop, but there is a curvature of the suture which can read on a loop.
As to claim 15, with the device of Stone, Rodriguez, and Zajac above, Rodriguez further teaches the first portion of the first suture passes in between the second portion of the first suture and the outer wall of the suture anchor at least once (figure 7, 18b,d).
As to claim 16, with the device of Stone, Rodriguez, and Zajac above, Rodriguez further teaches at least two portions of the second portion of the first suture are positioned outside of the hollow interior of the suture anchor, and a second shuttle (94, figure 9), includes a length and a second suture-engaging structure (the loop of 94), is positioned within the at least two portions of the second portions of the first suture positioned outside of the hollow interior of the suture anchor (figure 9), wherein the second shuttle is capable of being actuated to move the other of the first or second end portions of the second suture, capable of being coupled to the suture engaging structure, into the hollow braid of the first suture positioned outside of the hollow interior of the suture anchor (figure 9) for the purpose of using a second snare that can help connect to the suture and anchor portions of the device. Rodriguez does disclose a first and second shuttle 90,94. The second shuttle will be capable, or structured to engage portions of the second suture as claimed. The shuttle is used to shuttle one suture into another suture. Therefore, second shuttle can be actuated and moved any suture portion into any hollow braid of another suture portions and therefore be able to read on the claim limitation. It would have been obvious to one of ordinary skill in the art before the effective filing date to use the second shuttle of Rodriguez in the device of Stone, Rodriguez in order for using a second snare that can help connect to the suture and anchor portions of the device.
Claims 1, 2, 7, 10-13, 15, 16 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication 2015/0173739 to Rodriguez.
As to claim 1, Rodriguez discloses a device for securing soft tissue to bone (paragraph 7), comprising: a suture anchor (suture anchor as seen in figure 19, similar to that of 158,182, figure 18b,d) capable of being positioned within a bone hole, the suture anchor including a first end (figure 18b,d,19), a second end (figure 18b,d,19), an outer wall (figure 18b,d,19) extending along a length between the first end and the second end (figure 18b,d,19), and a hollow interior (figure 18b,d,19, paragraph 87, 90, 99, 100, the suture is fed into the suture anchor) extending along at least a portion of the length; a first suture (202) including a first end portion (figure 19), a second end portion (figure 19), and a hollow braid (paragraph 10, 100, the second suture 204 is fed through the first suture 202, the suture(s) can be a braid and can be hollow along its length), the first suture passing through the outer wall of the suture anchor at least once (paragraph 19, paragraph 99), wherein at least a portion of the first suture is positioned within at least a portion of the hollow interior of the suture anchor (figure 19), and wherein at least a portion of the hollow braid warps around at least a portion of the outer wall of the suture anchor (figure 19); a shuttle (90) and a suture-engaging structure (end loop of snare 90), the shuttle capable of being positioned within the at least portion of the hollow braid of the first suture wrapping around the at least a portion of the hollow braid of the first suture wrapping around the at least a portion of the outer wall of the suture anchor (figure 19); a second suture (204) including a first end portion (figure 19) and a second end portion (figure 19), one of the first or second end portions of the second suture coupled to the first suture (figure 19, an end of the second suture is coupled to the first suture since the second suture is ultimately threaded through the first suture), the other of the first or second end portion of the capable of being coupled to the suture-engaging structure (paragraph 100), wherein the shuttle is capable of being actuated to move the other of the of the first or second end portions of the second suture into the at least portion of the hollow braid of the first suture wrapping around the at least portion of the outer wall of the suture anchor (figure 19).
If it would not be known that the first suture of figure 19 wraps around at least a portion of the outer wall of the suture, Rodriguez teaches other embodiments where a portion of the first suture wrapping around at least a portion of an outer wall of a suture anchor (figure 7, 8, 18b,d, paragraph 72, 73, 87, 90) for the purpose of aiding in the expansion of the anchor when deployed to help secure the anchor into bone. It would have been obvious to one of ordinary skill in the art before the effective filing date to have at least a portion of the hollow braid of the first suture in figure 19 wrap around at least a portion of the outer wall of the suture anchor in order for helping to transform and secure the anchor into bone as desired.
Rodriguez is silent about the use of the specific shuttle/snare in the embodiment of figure 19 but does disclose the use of a snare in other embodiments which is configured to move a portion of a suture into the hollow braid of the first suture (paragraph 76). Further the second suture 202 is disclosed to be threaded into the first suture (paragraph 100). It would have been obvious to one of ordinary skill in the art before the effective filing date to use a shuttle with a suture-engaging structure in the embodiment of figure 19 which will be capable of being actuated to move the other of the first or second end portions of the second suture into the hollow braid of the first suture wrapping around the outer wall of the suture anchor in order to help thread the first suture through the first suture.
As to claim 2, Rodriguez discloses when the shuttle is positioned within at least the portion of the hollow braid of the first suture, the portion of the hollow braid of the first suture is positioned outside of the hollow interior of the suture anchor (figure 19, 18b,d).
As to claim 7, Rodriguez discloses at least portions of the first suture are positioned outside of the hollow interior of the suture anchor (figure 18b,d, 19), and the shuttle is positioned within the at least two portions of the first suture outside of the hollow interior of the suture anchor (figure 18b,d, 19), wherein the shuttle is capable of being actuated to move the other of the first or second end portions of the secure suture into the hollow braid of the least two portions of the first suture positioned outside of the hollow interior of the suture anchor (figure 18b,d, 19).
As to claim 10, Rodriguez discloses a device for securing soft tissue to bone (paragraph 7), comprising: a suture anchor (suture anchor as seen in figure 19, similar to that of 158,182, figure 18b,d) capable of being positioned within a bone hole, the suture anchor including a first end (figure 18b,d,19), a second end (figure 18b,d,19), an outer wall (figure 18b,d,19) extending along a length between the first end and the second end (figure 18b,d,19), and a hollow interior (figure 18b,d,19, paragraph 87, 90, 99, 100, the suture is fed into the suture anchor) extending along at least a portion of the length; a first suture (202) including a first end portion (figure 19), a second end portion (figure 19), and a hollow braid (paragraph 10, 100, the second suture 204 is fed through the first suture 202, the suture(s) can be a braid and can be hollow along its length), the first suture passing through the outer wall of the suture anchor at least once (paragraph 19, paragraph 99), wherein at least a portion of the first suture is positioned within at least a portion of the hollow interior of the suture anchor (figure 19), and wherein at least a portion of the hollow braid encircles the suture anchor circumferentially around the outer wall at least one half of a complete rotation (figure 18b,d, 19); a shuttle (90) and a suture-engaging structure (end loop of snare 90), the shuttle capable of being positioned within the at least portion of the hollow braid of the first suture wrapping around the at least a portion of the hollow braid of the first suture wrapping around the at least a portion of the outer wall of the suture anchor (figure 19); and a second suture (204) including a first end portion (figure 19) and a second end portion (figure 19), one of the first or second end portions of the second suture coupled to the first suture (figure 19, an end of the second suture is coupled to the first suture since the second suture is ultimately threaded through the first suture), the other of the first or second end portion of the capable of being coupled to the suture-engaging structure (paragraph 100), wherein the shuttle is capable of being actuated to move the other of the of the first or second end portions of the second suture into the at least portion of the hollow braid of the first suture encircling the suture anchor until an interaction between the second suture and the first suture forms a one-way tensioning mechanism (206, paragraph 100, the first and second suture do interact and the one-way tension mechanism cradle is formed), the one-way tensioning mechanism causes the soft tissue to secure to the bone (figure 19).
If it would not be known that the first suture of figure 19 can encircle the suture anchor circumferentially around the outer wall at least one half of a complete rotation, Rodriguez teaches other embodiments where a portion of the first suture encircles circumferentially around at least a portion of an outer wall of at least one half of a rotation (figure 7, 8, 18b,d, paragraph 72, 73, 87, 90) for the purpose of aiding in the expansion of the anchor when deployed to help secure the anchor into bone. It would have been obvious to one of ordinary skill in the art before the effective filing date to have at least a portion of the hollow braid of the first suture in figure 19 wrap around at least a portion of the outer wall of the suture anchor in order for helping to transform and secure the anchor into bone as desired.
Rodriguez is silent about the use of the specific shuttle/snare in the embodiment of figure 19 but does disclose the use of a snare in other embodiments which is configured to move a portion of a suture into the hollow braid of the first suture (paragraph 76). Further the second suture 202 is disclosed to be threaded into the first suture (paragraph 100). It would have been obvious to one of ordinary skill in the art before the effective filing date to use a shuttle with a suture-engaging structure in the embodiment of figure 19 which will be capable of being actuated to move the other of the first or second end portions of the second suture into the hollow braid of the first suture encircling around the outer wall of the suture anchor in order to help thread the first suture through the first suture.
As to claim 11, Rodriguez discloses a first portion of the first suture and a second portion of the first suture extend from an end portion of the first suture, the first portion encircling the suture anchor circumferentially around the outer wall at least one half of a complete rotation and the second portion passing through the outer wall of the suture anchor at least twice (figure 7, 18b,d).
As to claim 12, Rodriguez discloses the end portion of the first suture is partially disposed within the hollow interior of the suture anchor (figure 7, 18b,d).
As to claim 13, Rodriguez discloses the end portion of the first suture includes a loop (figure 7, 18b,d, the end of the first suture does have a general loop formation).
As to claim 15, Rodriguez discloses the first portion of the first suture passes in between the second portion of the first suture and the outer wall of the suture anchor at least once (figure 7, 18b,d).
As to claim 16, Rodriguez discloses at least two portions of the second portion of the first suture are positioned outside of the hollow interior of the suture anchor, and a second shuttle (94, figure 9), includes a length and a second suture-engaging structure (the loop of 94), is positioned within the at least two portions of the second portions of the first suture positioned outside of the hollow interior of the suture anchor (figure 9), wherein the second shuttle is capable of being actuated to move the other of the first or second end portions of the second suture, capable of being coupled to the suture engaging structure, into the hollow braid of the first suture positioned outside of the hollow interior of the suture anchor (figure 9).
Claims 3, 17 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication 2013/0144338 to Stone in view of U.S. Patent Publication 2013/0096612 to Zajac and U.S. Patent Publication 2015/0173739 to Rodriguez as applied to claims 1, 2, 5-13, 15, 16 above, and further in view of U.S. Patent Publication 2013/0131722 to Marchand.
As to claim 3, 17, Stone as modified by Rodriguez and Zajac discloses the device above but is silent about the first suture is a cylindrical length of suture and the second suture is a flat length of suture.
Marchand teaches a similar device (fixation device, abstract) where a suture can be a cylindrical length of suture and the second suture is a flat length of suture (paragraph 42) for the purpose of using constructing the suture by known means. It would have been obvious to one of ordinary skill in the art before the effective filing date to have the first suture of Stone, Rodriguez, and Zajac be a cylindrical length of suture and the second suture of Stone, Rodriguez, and Zajac be a flat length of suture in order for using constructing the suture by known means.
Claims 3, 17 are rejected under 35 U.S.C. 103 as being unpatentable U.S. Patent Publication 2015/0173739 to Rodriguez in view of U.S. Patent Publication 2013/0131722 to Marchand.
As to claim 3, 17, Rodriguez discloses the device above but is silent about the first suture is a cylindrical length of suture and the second suture is a flat length of suture.
Marchand teaches a similar device (fixation device, abstract) where a suture can be a cylindrical length of suture and the second suture is a flat length of suture (paragraph 42) for the purpose of using constructing the suture by known means. It would have been obvious to one of ordinary skill in the art before the effective filing date to have the first suture Rodriguez be a cylindrical length of suture and the second suture of Rodriguez be a flat length of suture in order for using constructing the suture by known means.
Claims 4, 14 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication 2013/0144338 to Stone in view of U.S. Patent Publication 2013/0096612 to Zajac and U.S. Patent Publication 2015/0173739 to Rodriguez as applied to claims 1, 2, 5-13, 15, 16 above, and further in view of U.S. Patent Publication 2006/0259076 to Burkhart.
As to claim 4, 14, Stone as modified by Rodriguez and Zajac discloses the device above but is silent about the of the first or second end portions of the second suture is coupled to one of the first or second end portions of the first suture by a chain-link structure.
Burkhart teaches a similar device (suture application) where a portion of suture are coupled to another portion by a chain link structure (paragraph 7, 48-53, 57 figure 10) for the purpose of using a secure coupling which can increase the footprint of the repair. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use the chain link constructure in the device Stone, Rodriguez, and Zajac in order for using a secure coupling which can increase the footprint of the repair.
Claims 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication 2013/0144338 to Stone in view of U.S. Patent Publication 2015/0173739 to Rodriguez.
As to claim 18, Stone discloses a device securing soft tissue to bone (paragraph 6) comprising: a suture anchor (30) capable of being positioned within a bone hole (figure 2), the suture anchor including a first end (figure 1a), a second end (figure 1a,c), an outer wall (figure 1a) extending along a length between the first end and the second end, and a hollow interior (paragraph 48, the inner lumen of the tube) extending along at least a portion of the length; a first suture (12, paragraph 46) including a hollow braid, the first suture passing through the outer wall of the suture anchor at least once and the first suture including an internally disposed portion positioned within the hollow interior of the suture anchor (figure 8b,c); and a second suture (14) having a body extending from a first end portion to a second end portion (figure 1a, 8b), at least part of the first end portion being coupled to the first suture (figure 8b, via 50) and at least part of the body passing internally through the at least a portion of hollow braid of the first suture (figure 1a, 8b), the second suture being entirely external to the suture anchor (figure 1a, 8b) but is silent about a portion of the hollow braid wraps around at least a portion of the outer wall of the suture anchor and the body of the second suture passing through the at least a portion of the hollow braid wrapping around the at least portion of the outer wall of the suture anchor.
Rodriguez teaches a similar device (tissue repair, abstract) having a portion of the first suture wrapping around at least a portion of an outer wall of a suture anchor (figure 7, 8, 18b,d, paragraph 72, 73, 87, 90) for the purpose of aiding in the expansion of the anchor when deployed to help secure the anchor into bone. Rodriguez teaches that the suture can snake, extend circumferentially across, and/or create a loop around the anchor which can control how the anchor will expand when deployed into bone. The first suture of Stone can similarly wrap around the suture anchor. Stone does disclose a body of the second suture can be within the first suture where the second suture is entirely external to suture anchor. The portion of the second suture that is within the first suture can be similarly located within a portion of the hollow braid that is configured as taught by Rodriguez that is encircling and external to the suture anchor. At least figure 7, 8, 18b of Rodriguez has portions of a circle that does wrap (or start to wrap) around the anchor which can be where the second suture is positioned that is still external to the anchor. It would have been obvious to one of ordinary skill in the art before the effective filing date to have at least a portion of the hollow braid of the first suture of Stone wrap around at least a portion of the outer wall of the suture anchor as taught by Rodriguez, where the body of the second suture can be passed internally through the portion of the hollow braid wrapping around a portion of the outer wall of the suture anchor in order for helping to transform and secure the anchor into bone as desired.
As to claim 19, with the device of Stone and Rodriguez above, Rodriguez further teaches a similar device the hollow braid includes an exteriorly disposed portion that encircles the suture anchor circumferentially around the outer wall at least one half of a complete rotation, the at least part of the body of the second suture (of Stone) passing through internally through the hollow braid of the first suture in the exteriorly disposed portion (figure 7, 8, 18b,d, paragraph 72, 73, 87, 90).
As to claim 20, the device of Stone and Rodriguez discloses the first suture comprises an exteriorly disposed portion and a snail portion on opposite sides of the internally disposed portion, the snail portion having a first sub-portion external to the outer wall and a second sub-portion internal to the outer wall (figure 1 of a of Stone, figure 7, 8, 18b,d of Rodriguez). The claim does not state the specific structure of the snail portion, or the function/structure of the other portions. Further the application does not have a specific definition of a “snail portion”. The first suture of Stone as modified by Rodriguez does seem to extend into, out of, and around the suture anchor with different portions that are exteriorly disposed and internally disposed as necessitated by the amended claim 18 limitation and interpretations. Therefore, the suture can have different portions spaced appropriately to read on the portions of claim 20.
Claims 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication 2014/0052179 to Dreyfuss in view of U.S. Patent Publication 2015/0173739 to Rodriguez.
As to claim 18, Dreyfuss discloses a device securing soft tissue to bone (paragraph 17) comprising: a suture anchor (10) capable of being positioned within a bone hole (figure 16-18), the suture anchor including a first end (figure 14), a second end (figure 14), an outer wall (figure 14) extending along a length between the first end and the second end, and a hollow interior (figure 14) extending along at least a portion of the length; a first suture (11, paragraph 39) including a hollow braid (75), the first suture passing through the outer wall of the suture anchor at least once and the first suture including an internally disposed portion positioned within the hollow interior of the suture anchor (figure 14); and a second suture (70, the suture passer 70 can read on the second suture) having a body extending from a first end portion to a second end portion (figure 14), at least part of the first end portion being coupled to the first suture (figure 14, via 15a) and at least part of the body passing internally through the at least a portion of hollow braid of the first suture (figure 14), the second suture being entirely external to the suture anchor (figure 14), but is silent about a portion of the hollow braid wraps around at least a portion of the outer wall of the suture anchor and the body of the second suture passing through the at least a portion of the hollow braid wrapping around the at least portion of the outer wall of the suture anchor. Dreyfuss does disclose other embodiments where the first suture is engaged with the suture anchor by multiple loops.
Rodriguez teaches a similar device (tissue repair, abstract) having a portion of the first suture wrapping around at least a portion of an outer wall of a suture anchor (18b, d, paragraph 87, 90) for the purpose of aiding in the expansion of the anchor when deployed to help secure the anchor into bone. Rodriguez teaches that the suture can snake, extend circumferentially across, and/or create a loop around the anchor which can control how the anchor will expand when deployed into bone. The first suture of Dreyfuss can similarly wrap around the suture anchor. Dreyfuss does disclose a body of the second suture can be within the first suture where the second suture is entirely external to suture anchor. The first suture can wrap around outer surface of proximal end of the anchor as taught Rodriguez while still having the second suture external to the suture anchor. It would have been obvious to one of ordinary skill in the art before the effective filing date to have at least a portion of the hollow braid of the first suture of Stone wrap around at least a portion of the outer wall of the suture anchor as taught by Rodriguez, where the body of the second suture can be passed internally through the portion of the hollow braid wrapping around a portion of the outer wall of the suture anchor in order for helping to transform and secure the anchor into bone as desired.
As to claim 19, with the device of Dreyfuss and Rodriguez above, Rodriguez further teaches a similar device the hollow braid includes an exteriorly disposed portion that encircles the suture anchor circumferentially around the outer wall at least one half of a complete rotation, the at least part of the body of the second suture (of Stone) passing through internally through the hollow braid of the first suture in the exteriorly disposed portion (figure 18b,d, paragraph 87, 90). The second suture of Dreyfuss is in the external portion of the first suture as seen in figure 14 and can be the wrapped around the suture anchor in the first suture as taught by Rodriguez.
As to claim 20, the device of Dreyfuss and Rodriguez discloses the first suture comprises an exteriorly disposed portion and a snail portion on opposite sides of the internally disposed portion, the snail portion having a first sub-portion external to the outer wall and a second sub-portion internal to the outer wall (figure 14 of Dreyfuss, figure 18b,d of Rodriguez). The claim does not state the specific structure of the snail portion, or the function/structure of the other portions. Further the application does not have a specific definition of a “snail portion”. The first suture of Dreyfuss as modified by Rodriguez does seem to extend into, out of, and around the suture anchor with different portions that are exteriorly disposed and internally disposed as necessitated by the amended claim 18 limitation and interpretations. Therefore, the suture can have different portions spaced appropriately to read on the portions of claim 20.
Allowable Subject Matter
The examiner proposed allowable subject to the applicant with respect the function of wrapping/encircling the first suture around the suture anchor, when the second suture is threaded through the soft tissue, and why the second suture is moved into the first suture. However, an agreement was not reached in the allotted time. The following claims drafted by the examiner and considered to distinguish patentably over the art of record in this application, are presented to applicant for consideration:
(Currently Amended) A device for securing soft tissue to bone, comprising:
a suture anchor capable of being positioned within a bone hole, the suture anchor including a first end, a second end, an outer wall extending along a length between the first end and the second end, and a hollow interior extending along at least a portion of the length;
a first suture including a first end portion, a second end portion, and a hollow braid, the first suture passing through the outer wall of the suture anchor at least once, wherein at least a portion of the first suture is positioned within at least a portion of the hollow interior of the suture anchor, and wherein at least a portion of the hollow braid wraps around at least a portion of the outer wall of the suture anchor to keep the hollow braid proximate to the suture anchor;
a shuttle and a suture-engaging structure, the shuttle capable of being positioned within the at least a portion of the hollow braid of the first suture wrapping around the at least a portion of the outer wall of the suture anchor; and
a second suture including a first end portion and a second end portion, one of the first or second end portions of the second suture coupled to the first suture, the other of the first or second end portions of the second suture capable of being threaded through soft tissue and subsequently coupled to the suture-engaging structure, wherein the shuttle is capable of being actuated to move the other of the first or second end portions of the second suture into the at least a portion of the hollow braid of the first suture wrapping around the at least a portion of the outer wall of the suture anchor to provide a one way tensioning mechanism to secure the soft tissue to the suture anchor.
(Currently Amended ) A device for securing soft tissue to bone, comprising:
a suture anchor capable of being positioned within a bone hole, the suture anchor including a first end, a second end, an outer wall extending along a length between the first end and the second end, and a hollow interior extending along at least a portion of the length;
a first suture including a first end portion, a second end portion, and a hollow braid, the first suture passing through the outer wall of the suture anchor at least once, wherein a portion of the first suture is positioned within at least a portion of the hollow interior of the suture anchor and at least a portion of the hollow braid encircles the suture anchor circumferentially around the outer wall at least one half of a complete rotation to keep the hollow braid proximate to the suture anchor;
a shuttle and a suture-engaging structure, the shuttle capable of being positioned within at least a portion of the hollow braid encircling the suture anchor; and
a second suture including a first end portion and a second end portion, one of the first or second end portions of the second suture coupled to the first suture, the other of the first or second end portions of the second suture capable of being threaded through soft tissue and subsequently coupled to the suture-engaging structure, wherein the shuttle is capable of being actuated to move the other of the first or second end portions of the second suture into the at least a portion of the hollow braid of the first suture encircling the suture anchor until an interaction between the second suture and the first suture forms a one-way tensioning mechanism, wherein when the device is disposed in a bone cavity as the second suture is moved into and through the hollow portion of the first suture.
18. (Currently Amended) A device for securing soft tissue to bone comprising:
a suture anchor capable of being positioned within a bone hole, the suture anchor including a first end, a second end, an outer wall extending along a length between the first end and the second end, and a hollow interior extending along at least a portion of the length;
a first suture including a hollow braid, the first suture passing through the outer wall of the suture anchor at least once and the first suture including an internally disposed portion positioned within the hollow interior of the suture anchor, wherein at least a portion of the hollow braid wraps around at least a portion of the outer wall of the suture anchor to keep the hollow braid proximate to the suture anchor; and
a second suture having a body extending from a first end portion to a second end portion, at least part of the first end portion being configured to be threaded through soft tissue and subsequently coupled to the first suture and at least part of the body passing internally through the at least a portion of the hollow braid of the first suture wrapping around the at least a portion of the outer wall of the suture anchor to secure the soft tissue to the suture anchor, the second suture being entirely external to the suture anchor.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER J ORKIN whose telephone number is (571)270-7412. The examiner can normally be reached Monday - Friday 9am - 5pm.
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/ALEXANDER J ORKIN/Primary Examiner, Art Unit 3771
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