DETAILED ACTION
This Office Action is a Response to Applicant’s Arguments and Amendment submitted 01/09/2026.
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
Claim 1 is objected to because of the following informalities: the claim erroneously recites the phrase “through the” twice in the second to last line. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The rejection of claim(s) 15 in the previous Office Action under this section, 2nd paragraph (pre-AIA ) or subsection (b) (AIA ), for being indefinite is hereby withdrawn in view of Applicant’s Amendment.
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-9 and 11-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2010/0292731 A1 to Gittings et al. (hereinafter “Gittings”) (previously of record).
Regarding claim 1, Gittings discloses (see abstract; Figs. 27A-D; and [0122] & [0104]-[0121]) a suture anchor system (Figs. 27A-D, [0122]) comprising: an anchor (2210) having an elongate cylindrical body extending between a proximal end and a distal end (see Figs. 27A-D), and an eyelet traversing a portion of the elongate cylindrical body (shown in Fig. 27A, equivalent to 2136 in Fig. 26B, see [0122] and [0106]); a drill guide (2202) having an interior chamber (2214) in fluid communication with a distal opening (see Figs. 27A-C and [0122]); an elongate anchor inserter (2212) having a distal surface configured to interface with a proximal surface of the anchor (see Figs. 27A-C and [0122]); and an elongate drill member (2206) having a distal drilling tip (see Figs. 27A-B showing distal tip has formed/drilled a hole in bone "B"); wherein the interior chamber is configured to at least partially house the elongate anchor inserter and the elongate drill member (see Figs. 27A-C and [0122]).
Gittings further discloses (claim 2) wherein the distal opening is configured to accept advancement therethrough of the distal drilling tip while the anchor and elongate anchor inserter remain housed in the lumen (see Figs. 27A-B and [0122]); (claim 3) wherein a surface of the interior chamber comprises a ramp structure ("curved portion", [0122]) that tapers towards the distal opening (see Figs. 27A-C); (claim 4) wherein the ramp structure terminates at a distal chamber portion which has a smaller diameter than portions of the interior chamber proximal to the ramp structure (see Figs. 27A-C); (claim 5) wherein the interior chamber is configured to arrest movement of the anchor and elongate anchor inserter while the distal drilling tip is advanced through the distal opening (see Figs. 27A-C and [0122]); (claim 6) wherein the interior chamber is configured to allow advancement of the anchor and elongate anchor inserter through the distal opening after the elongate drill member is retracted from the distal opening (see Fig. 27A-C and [0122]); (claim 7) wherein the elongate anchor inserter and the elongate drill member are housed in parallel within the interior chamber (see Fig. 27A-C and [0122]); (claim 8) wherein the interior chamber comprises a single lumen configured to house both the elongate anchor inserter and the elongate drill member (see Fig. 27A and [0122], "same channel"); (claim 9) wherein the interior chamber comprises a first lumen configured to house the elongate anchor inserter and a second lumen configured to house the elongate drill member, wherein the first and second lumen are in fluid communication with the distal opening (see Fig. 27A and [0122], "separate channels"); (claim 11) wherein the wall comprises a first and second portion of the interior chamber, the second portion of the interior chamber configured distal of the first portion of the interior chamber, and the second portion of the interior chamber having a smaller diameter than a first portion of the interior chamber (see Figs. 27A-B); (claim 12) wherein the suture guide slot comprises at least one curved portion (see Figs. 27A-B, the non-slanted line portion representing the suture guide slot is curved); (claim 13) wherein the curved portion is disposed adjacent to a surface of the interior chamber comprising a ramp structure that tapers towards the distal opening (see Figs. 27A-B); (claim 14) wherein the suture guide slot comprises at least one straight portion (see Figs. 27A-B, distal edge of guide slot is straight); (claim 15) wherein the suture guide comprises a proximal portion that tapers down to a narrower distal portion (see Figs. 27A-B); (claim 16) wherein the distal surface of the elongate anchor inserter comprises a protrusion configured to mate with the anchor (see Fig. 27A and [0104]-[0122]); (claim 17) wherein the proximal surface of the anchor comprises a protrusion configured to mate with the elongate anchor inserter (see Fig. 27A and [0104]-[0122]); (claim 18) wherein the protrusion configured to mate with the elongate anchor inserter is configured to insert into a distal opening of the elongate anchor inserter (see Fig. 27A and [0104]-[0122]); (claim 19) wherein the anchor comprises a proximal opening traversing the elongate cylindrical body configured proximal of the eyelet (see Fig. 27A); and (claim 20) a kit comprising: the suture anchor system of claim 19; a suture (2208) preloaded within the proximal opening; and the anchor preloaded onto the elongate anchor inserter (see Fig. 27A).
Gittings, in the cited embodiment, fails to specifically disclose a suture guide slot configured in a wall of the interior chamber (of the drill guide) and terminating distally at the distal opening, wherein a portion of the suture guide slot aligns with the eyelet when the anchor is connected to the elongate anchor inserter within the interior chamber to at least partially define a common traverse opening through the portion of the suture guide slot, the interior chamber and the eyelet. Gittings discloses another embodiment (Figs. 26A-N), which differs from the main cited embodiment by the anchors being held end to end within the outer shaft 2102 in the other embodiment whereas in the main cited embodiment the anchors are held side by side the outer shaft 2202 (see [0122]). In the other embodiment, as shown Figs. 26F-N, the outer shaft 2102 comprises a suture guide slot (2118, see Fig. 26F/I and [0109]) configured in the wall of the interior chamber of the guide tube 2102 and terminating distally at the distal opening (see Figs. 26F/I), wherein a portion of the suture guide slot aligns with the eyelet when the anchor is connected to the elongate anchor inserter within the interior chamber (see Figs. 26F/G) to at least partially define a common traverse opening through the portion of the suture guide slot, the interior chamber and the eyelet (see Figs. 26F/G) for the purpose of allowing the suture, which is attached to the anchor, to exit the shaft without tangling (see [0109]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Gittings’ cited embodiment by similarly placing an elongate suture guide slot in the outer surface of shaft 2202 in order to allow the suture, which is attached to the anchor, to exit the shaft without tangling.
Response to Arguments
Applicant's arguments filed 01/09/2026 with respect to the claims as amended have been fully considered but they are not persuasive. As set forth above, Gittings discloses a suture guide slot which results in a common traverse opening through the guide slot, the interior chamber, and to the eyelet of the anchor in a related embodiment, and therefore it would be obvious to modify Gittings as set forth above. Accordingly, Applicant’s arguments are not persuasive.
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