DETAILED ACTION
This office action is in response to the amendment filed on 7/21/2026.
Claims 5, 10, 16-17 have been amended. Claims 21-22 are newly added claims.
Claims 1-5,7-17,19-22 are now pending in this application.
Claim Rejections - 35 USC § 102
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) 1-5,7-9,11,12,14,15,17,19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Vaughan U.S Pat 9,474,592.
Claim 1: Vaughan discloses a suture locking device as best seen in figures 3-5, comprising: a bone plate (sleeve wall 30 is equivalent as a plate since it does have a thin smooth piece of material) including an opening at 38; and a locking ferrule (at flange 62) insertable within the opening 38 and including a one-way locking mechanism (locking barb 48) configured for locking a suture 26 relative to the bone plate at 30.
Claims 2-4: Vaughan discloses wherein the one-way locking mechanism 48 is
configured to allow the suture 26 to be tensioned in a first direction and prevent the suture from moving in a second direction; wherein the one-way locking mechanism is established by a plurality of locking barbs 48 provided within a cannulation (barbed sleeve 10) of the locking ferrule; wherein the cannulation extends through an eyelet 60
portion of the locking ferrule 62.
Claims 5,7-9: Vaughan discloses comprising an engagement portion at 48b, fig. 5 connected to the eyelet portion, wherein the engagement portion is configured to engage the opening of the bone plate 62, wherein the plurality of locking barbs 48 are each angled in a common direction within the cannulation., wherein the locking ferrule 62 includes an engagement portion 48b received through the opening and an eyelet portion that extends to a location outside of the opening. , wherein the eyelet portion
provides the one-way locking mechanism 48.
Claims 11-12: Vaughan discloses wherein the bone plate includes a second
opening 42 that provides a smooth wall; wherein the suture 26/46 includes a varying thickness (see col. 11, line 62-col. 12, line 5).
Claim 14: Vaughan discloses a surgical method, comprising: inserting a locking ferrule 62 into an opening 38 of a bone plate 30; passing a suture 26 through or around a tissue; passing the suture through an eyelet portion 60 of the locking ferrule; and tensioning the suture 26 in a first direction to knotlessly secure the tissue at a desired position relative to the bone plate as best seen in figures 3-5, see col. 8, lines 42-47).
Claims 15, 17: Vaughan discloses comprising locking the suture 26 within the eyelet portion 60 to prevent movement of the suture in a second direction relative to the bone plate 30; wherein the tissue is a bone 12., wherein the tissue is a ligament, a tendon, or a muscle, see col. 2, lines 6-26.
Claims 19-20: Vaughan discloses wherein inserting the locking ferrule 62 into
the opening 38 includes connecting an engagement portion 48b of the locking ferrule to the opening., wherein the eyelet portion 60 is connected to the engagement portion and extends to a location outside of the opening when the engagement portion 48b is connected to the opening 38.
Claim(s) 1, 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yost U.S 2023/0107886.
Claim 1: Yost discloses a suture locking device as best seen in figures 26-27,
comprising: a bone plate (406-anterior plug) including an opening at 416/418; and a locking ferrule (at teeth 424) insertable within the opening 416/418 and including a one- way locking mechanism (locking barb 424 that is configured for locking reinforcement
suture, fig. 27) configured for locking a suture 404 relative to the bone plate at 406.
Claim 14: Yost discloses inserting a locking ferrule at teeth 424 into an opening
416/418 of a bone plate 406; passing a suture 404 through or around a tissue (see paragraph 114); passing the suture through an eyelet portion (at the pair holes 252/254) of the locking ferrule (see paragraph 105); and tensioning the suture 404 in a first direction to knotlessly secure the tissue at a desired position relative to the bone plate (as best seen in figures 26-27, see paragraphs 102,122).
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.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over
Vaugh in view of Feezor et al U.S 2014/0074158.
Claim 13: Vaugh discloses the invention substantially as claim but is silent
regarding wherein the suture includes at least one tapered region where the suture transitions between a thickened section and a thinned section. Feezor et al, in the same field of endeavor, teaches a similar system with a suture is shown in fig.4 that teaches at least one tapered region where the suture transitions between a thickened
section and a thinned section (see abstract, paragraph 31). It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify Vaughan with the suture includes at least one tapered region where the suture
transitions between a thickened section and a thinned section as taught by Feezor in order to configure the suture to suspend the tissue.
Allowable Subject Matter
Claims 21-22 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.
Claims 10, 16 are allowed over the arts of record.
Response to Arguments
Applicant's arguments filed 7/21/2026 have been fully considered but they are not persuasive. Applicant’ argument that Vaughan or Yost did not disclose a bone plate is not persuasive. It is noted that a babred sleeve 10 in Vaughan with sleeve wall 30 is reasonable for construction as a plate since it does have a thin smooth piece of material that is read on a definition of a plate “a smooth flat thin piece of material” by Merriam-Webster”-Further, applicant’s specification does not define any specific term as it recited in claim 1-“a bone plate”. It is noted that the application specification paragraph 121 said bone plate “bone plate 786, which is another exemplary suture locking device that can be utilized when performing various tensionable knotless surgical procedures (e.g., syndesmosis procedures, clavicle fracture repairs, etc.). The size, shape, and material-makeup of the bone plate 786 are not intended to limit this disclosure.” Furthermore- Vaughan’s device with a barbed sleeve 10 including sleeve wall 30 that provides positioning the barbed sleeve into the hole in the bone (see col. 1, line 64) that is reasonably read on the term “bone plate”. The same argument that applies to Yost. It is noted that Yost discloses in figures 26-27, comprising: a bone plate (406-anterior plug) including an opening at 416/418; and a locking ferrule (at teeth 424) insertable within the opening 416/418 and including a one- way locking mechanism (locking barb 424 that is configured for locking reinforcement suture, fig. 27) configured for locking a suture 404 relative to the bone plate at 406.
In response to applicant’s argument that the references fail to show certain features of applicant’s invention, it is note that the feature upon which applicant relies (i.e., “tie assembly 400 is not a bone plat as it does not span, reinforce, or bridge a length of bone, and it does not include a plurality of openings” is not recited in the rejected claims. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2D 1181,26 USPQ2D 1057 (Fed. Cir. 1993).
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.
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/VI X NGUYEN/Primary Examiner, Art Unit 3771
