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 .
Election/Restrictions
Applicant’s election of Group I claims 1-11 in the reply filed on 02/05/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 12-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected method, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 02/05/2026.
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 1-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wilk (US Patent 5,391,173).
With regards to claim 1, Wilk discloses (Figures 1-2D) a locking ferrule 8 for performing a tensionable knotless surgical procedure (functional limitation – Wilk’s locking ferrule comprises of the elements claimed below and thus is capable of performing a tensionable knotless surgical procedure), comprising:
a body 10;
a cannulation 12/14 formed through the body 10;
a first side opening (part of 18 where 12 runs through) formed through the body 10 and connected to the cannulation 12/14; and
a first plurality of locking barbs 16 arranged within the first side opening (part of 18 where 12 runs through)and configured to establish a first one-way locking mechanism for locking a suture 26 that is received through the first side opening (part of 18 where 12 runs through) (Col 3 lines 50-65; figure 1).
With regards to claim 2, Wilk discloses wherein the body 10 includes a barrel portion that includes an interior wall (interior wall located within the cannulation 12/14; figure 1) and an outer diameter wall 20 (figure 1).
With regards to claim 3, Wilk discloses wherein the first side opening (part of 18 where 12 runs through) opens through both the interior wall and the outer diameter wall 20 (figure 1).
With regards to claim 4, Wilk discloses wherein each of the first plurality of locking barbs 16 includes a pointed tip (figure 1; Col 3 lines 50-65).
With regards to claim 5, Wilk discloses comprising a second side opening (part of 18 where 14 runs through) formed through the body 10 and connected to the cannulation 12/14.
With regards to claim 6, Wilk discloses wherein a first free end 24 of the suture 26 passes through the first side opening (part of 18 where 12 runs through), and a second free end 28 of the suture 26 passes through the second side opening (part of 18 where 14 runs through) (figures 2A-2D; Col 4 lines 3-38).
With regards to claim 7, Wilk discloses comprising a second plurality of locking barbs 16 arranged within the second side opening (part of 18 where 14 runs through) and configured to establish a second one-way locking mechanism for locking the suture 26 (Col 3 lines 50-65).
With regards to claim 8, Wilk discloses wherein a free end 24 of the suture 26 passes through the first side opening (part of 18 where 12 runs through) (figures 2A-2D; Col 4 lines 3-38).
With regards to claim 9, Wilk discloses comprising a second plurality of locking barbs 16 arranged within the cannulation 14 and configured to establish a second one-way locking mechanism for locking the suture 26 (Col 3 lines 50-65).
With regards to claim 10, the locking ferrule of Wilk is capable for use wherein the suture 26 includes a plurality of partitions that interfere with the first plurality of locking barbs 16 to create a rip-stop effect as a free end of the suture is being tensioned (since the suture is functionally recited in claim 1 and the structure of the suture is not required to be disclosed, and since the locking ferrule of Wilk is capable of locking the suture, the locking ferrule would also be capable of locking the suture with a plurality of partitions that interfere with the first plurality of locking barbs 16 to create a rip-stop effect as a free end of the suture is being tensioned).
With regards to claim 11, the locking ferrule of Wilk is capable for use wherein the suture includes a varying thickness (the suture is functionally recited in claim 1 and the structure of the suture is not required to be disclosed, and since the locking ferrule of Wilk is capable of locking the suture, the locking ferrule would also be capable of locking the suture with a varying thickness).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMED S ADAM whose telephone number is (571)272-8981. The examiner can normally be reached 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jackie Ho can be reached at 571-272-4696. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MOHAMMED S ADAM/Examiner, Art Unit 3771 03/24/2026
/KATHERINE M SHI/Primary Examiner, Art Unit 3771