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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 February 4, 2026 has been entered.
Response to Amendment
In view of the amendment filed February 4, 2026, claim 3 has been canceled and claim 29 has been added. Accordingly, claims 1-2, 4-12 and 21-29 are pending and under examination.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 28 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.
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) 1-2, 4, 6-10 and 21-28 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fanton et al. (US 2008/0275469, hereinafter “Fanton”).
Referring to claim 1, Fanton discloses a locking ferrule 20 (FIGS. 2A-2C, which are reproduced below) for performing a tensionable knotless surgical procedure, comprising:
a body including an interior wall and an outer diameter wall (FIG. 2C. Cleated members 42, top surface and bottom surface define outer diameter wall. First passage 60 or second passage 70 defines an interior wall);
a cannulation formed through the body (FIG. 2C, first passage 60 or second passage 70 (para. [0176]));
a plurality of locking barbs (cleated member 74 in passage 60 and passage 70 as shown in FIG. 2C, para. [0179]) arranged within the cannulation to establish a one-way locking mechanism for locking a suture that is shuttled through the cannulation, wherein the plurality of locking barbs are integrally formed with the interior wall and extend inwardly into the cannulation to occupy a portion of its open space; and
a first side opening formed through both the interior wall and the outer diameter wall and opening directly into the cannulation such that the first side opening is in fluid communication with the cannulation (FIG. 2C, “Passage 60 communicates with first guide channel 50 via opening 61, and further communicates with guide channel 52 via opening 62. Similarly, passage 70 communicates with guide channel 50 via opening 71, and further communicates with guide channel 52 via opening 72.” (emphasis added) (para. [0177]). Examiner notes that the orientation of the side opening with respect to the longitudinal axis of the cannulation is not defined in the claim. The guide channels 51 and 52, which are extend from outer diameter wall of the cleats 42 to the interior wall at openings 61 and 62, respectively, to establish fluid communication with passages 60 and 70, have been interpreted as side openings).
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Referring to claim 2, Fanton discloses the locking ferrule as recited in claim 1, wherein the body includes a barrel portion that includes the interior wall and the outer diameter wall (FIGS. 3C-3D show a variation of the suture anchor of the embodiment as shown in FIGS. 2A-2C. Figure 3C shows the anchor body includes a barrel portion, thus, Fanton inherently discloses the anchor body of the embodiment as shown in FIGS. 2A-2C includes a barrel portion).
Referring to claim 4, Fanton discloses the locking ferrule as recited in claim 1, wherein the plurality of locking barbs 74 are arranged in at least a first row and a second row within the cannulation (FIG. 2C).
Referring to claim 6, Fanton discloses the locking ferrule as recited in claim 1, wherein each of the plurality of locking barbs 74 includes a pointed tip (FIG. 2C).
Referring to claim 7, Fanton discloses the locking ferrule as recited in claim 1, comprising a second side opening (guide channel 50 or guide channel 52 as shown in FIGS. 2A and 2C) formed through the body and connected to the cannulation (FIG. 2C and see examiner’s position in the rejection of claim 1 above).
Referring to claim 8, Fanton discloses the locking ferrule as recited in claim 7, wherein the suture is arranged to extend through the first side opening, the cannulation, and the second side opening in a manner that forms a loop (FIG. 2C shows the free ends 32a, 32b enter side opening 50, through a passage, then exit side opening 52 to form a loop as shown in FIG. 2B).
Referring to claim 9, Fanton discloses the locking ferrule as recited in claim 8, wherein a first free end of the suture passes through the first side opening, and a second free end of the suture passes through the second side opening (FIGS. 2B-2C. Based on FIGS. 2B-2C, one of ordinary skill in the art will understand that to form a loop as shown in FIG. 2B, both free ends 32a and 32b can be inserted through side opening 50 (right side of FIG. 2C) then the free ends exit side opening 52 (left side of FIG. 2C)).
Referring to claim 10, Fanton discloses the locking ferrule as recited in claim 1, wherein a free end of the suture passes through the first side opening (see rejection of claims 8-9 above).
Referring to claim 21, Fanton discloses the locking ferrule as recited in claim 1, wherein the locking ferrule excludes a cap portion (FIGS. 2A-2C).
Referring to claim 22, Fanton discloses the locking ferrule as recited in claim 1, wherein the body is a single-piece unitary body of the locking ferrule (FIGS. 2A-2C. The cross-section view of FIG. 2C shows the anchor is a single-piece unitary body).
Referring to claim 23, Fanton discloses the locking ferrule as recited in claim 1, wherein the plurality of locking barbs 74 are arranged to engage the suture at multiple axial positions along the cannulation (FIG. 2C).
Referring to claim 24, Fanton discloses the locking ferrule as recited in claim 1, wherein each locking barb 74 of the plurality of locking barbs is angled in a common direction to passively engage the suture and establish the one-way locking mechanism (FIG. 2C).
Referring to claim 25, Fanton discloses the locking ferrule as recited in claim 24, wherein the one-way locking mechanism permits the suture to pass through the cannulation in a first direction and prevents the suture from moving in a second direction that is opposite to the first direction (FIG. 2C, paras. [0185]-[0186]).
Referring to claim 26, Fanton discloses the locking ferrule as recited in claim 8, wherein the loop is suspended from an end of the body (FIG. 2B).
Referring to claim 27, Fanton discloses the locking ferrule as recited in claim 9, wherein the first free end 32a and the second free end 32b of the suture are each tensionable to adjust a size of the loop (paras. [0185]-[0186]).
Referring to claim 28, Fanton discloses a suture locking device, comprising:
a single-piece locking ferrule (the cross-section of FIG. 2C shows the anchor is a single-piece) that includes a barrel portion having an interior wall and an outer diameter wall, a cannulation formed through the barrel portion (see rejection of claim 1 above),
a plurality of locking barbs 74 (FIG. 2C) integrally formed with and protruding inwardly from the interior wall such that each locking barb of the plurality of locking barbs occupies at least a portion of an open space provided by the cannulation, and a first side opening and a second side opening each formed through both the interior wall and the outer diameter wall and connected to the cannulation;
a suture strand arranged to extend through the first side opening, the cannulation, and the second side opening in a manner that forms a loop (see rejection of claims 7-8 above); and the plurality of locking barbs 74 establishing a one-way locking mechanism for locking a portion of the suture strand that is received within the cannulation (paras. [0185]-[0186]).
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.
Claim(s) 5 and 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fanton in view of Coughlin (US 2007/0123988, hereinafter “Coughlin”).
Referring to claim 5, Fanton discloses the locking ferrule as recited in claim 4, but fails to disclose wherein a first portion of the plurality of locking barbs of the first row are staggered relative to a second portion of the plurality of locking barbs of the second row. However, in the same field of endeavor, which is a tendon graft anchor, Coughlin discloses locking barbs 16 of the first row of locking barbs are staggered relative to a second locking barbs 16 of the second row of locking barbs (Figs. 1-4, para. [0040] discloses “Preferably, as best shown in FIG. 2, the inwardly disposed teeth 16 along one leaf 14A are staggered relative to the opposing teeth 16 of the other leaf 14B.”). Coughlin discloses the advantage of staggered arrangement of the barbs 16 assure that the tendon will be tightly gripped without damage (“The staggered arrangement of the teeth 16 assure that the tendon 20 will be tightly gripped without damage that might otherwise occur if the row of teeth 16 in each leaf 14A and 14B were in opposing alignment with each other.” (para. [0043])). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the application, to have modified the arrangement of the barbs 74 to have a staggered arrangement as suggested by Coughlin so that it too would have the same advantage.
Referring to claim 29, Fanton discloses the suture locking device as recited in claim 28 and the plurality of locking barbs 74 is configured to allow movement of the suture strand in a first direction and inhibit movement of the suture strand in an opposite second direction relative to the cannulation (paras. [0185]-[0186]). Fanton fails to disclose wherein the plurality of locking barbs 74 interdigitate with the portion of the suture strand positioned within the cannulation. However, in the same field of endeavor, which is a tendon graft anchor, Coughlin discloses locking barbs 16 of the first row of locking barbs are staggered relative to a second locking barbs 16 of the second row of locking barbs (Figs. 1-4, para. [0040] discloses “Preferably, as best shown in FIG. 2, the inwardly disposed teeth 16 along one leaf 14A are staggered relative to the opposing teeth 16 of the other leaf 14B.”). Coughlin discloses the advantage of staggered arrangement of the barbs 16 assure that the tendon will be tightly gripped without damage (“The staggered arrangement of the teeth 16 assure that the tendon 20 will be tightly gripped without damage that might otherwise occur if the row of teeth 16 in each leaf 14A and 14B were in opposing alignment with each other.” (para. [0043])). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the application, to have modified the arrangement of the barbs 74 to have a staggered arrangement as suggested by Coughlin so that it too would have the same advantage.
Claim(s) 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fanton in view of Hunter (US 8,915,943, hereinafter “Hunter”).
Referring to claims 11-12, Fanton discloses the invention substantially as claimed except for disclosing the suture includes a varying thickness and wherein the suture includes at least one tapered region where the suture transitions between a thickened section and a thinned section.
Referring again to claims 11-12, Hunter teaches a suture (200) that varies in thickness or includes at least one tapered region where the suture transitions between a thickened section and a thinned section (FIG. 2B and col. 13, lines 21-47). In view of Hunter’s teaching it would have been obvious to one having ordinary skill in the art, before the effective filing date of the application, to modify the suture of Fanton according to the teaching of Hunter so that it varies in thickness or includes at least one tapered region where the suture transitions between a thickened section and a thinned section. Such a modification would provide a suture with a desired and/or sufficient strength and flexibility for tensioning and tissue fixation.
Allowable Subject Matter
Claims 1 and 28 would be allowable if a second side opening is positively claimed in the claims and the orientation of the center axis of the openings with respect to the longitudinal axis of the cannulation are further defined (FIG. 18 of the present application, which is reproduced below, shows the center axis of the openings 327 is tranversed to the longitudinal axis of the cannulation).
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TUAN V NGUYEN whose telephone number is (571)272-5962. The examiner can normally be reached Monday - Friday 8:30 AM - 5:30 PM.
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/TUAN V NGUYEN/Primary Examiner, Art Unit 3771
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