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
Claims 12-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/13/2025.
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) 1-8,10, 21-24, and 26-29 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gemetta et al. (WO2019126518).
As to claims 1 and 7, Gemetta et al. discloses a method for preparing a suture for use in medical treatment (0003-0004) comprising treating a surface of a suture by applying a coating of TFE-PMVE copolymer (see 0029); and treating the coating by heat treating to bond the coating (see 0029-0030).
As to claim 2, the coating can be in the form of a ribbon (long piece of material – see 324 of Fig. 3, 0029).
As to claim 3, expanded PTFE is applied in an expanded (porous) form (see 0054).
As to claim 4, Gemetta et al. teaches the filaments can be formed of ePTFE and coated with TFE-PMVE (perfluoromethyl vinyl ether and tetrafluoroethylene copolymer (see 0021)) they are partially composed of different materials.
As to claim 5, the core can be formed of silicone, urethane (see 0025).
As to claim 6, Gemetta et al. states the coating is expanded PTFE (see 0054).
As to claim 8, the suture has a multifilament structure (see 0054).
As to claim 10, the coating a film structure having a tubular form (see Fig. 4).
As to claim 21, Gemetta et al. discloses a method for preparing a suture for use in medical treatment (0003-0004) comprising treating a surface of a suture by applying a coating of expanded PTFE (see 0054); and treating the coating by heat treating to bond the coating (see 0029-0030).
As to claim 22, the coating can be applied wrapping a long piece of material (ribbon) around the sutures (see 324 of Fig. 3, 0029).
As to claim 23, Gemetta et al. teaches the filaments can be formed of ePTFE and coated with TFE-PMVE (perfluoromethyl vinyl ether and tetrafluoroethylene copolymer (see 0021)) they are partially composed of different materials.
As to claim 24, the core can be formed of silicone, urethane (see 0025).
As to claim 26, Gemetta et al. discloses a method for preparing a suture for use in medical treatment (0003-0004) comprising treating a surface of a suture by wrapping a long piece of material (ribbon) around the sutures (see 324 of Fig. 3, 0029).
As to claim 27, expanded PTFE is applied to the suture (implying the PTFE has to be expanded prior to application).
As to claim 28, the coating is at least partially overlapping itself (see Fig. 3).
As to claim 29, The coating is treated by heating to bond the coating (see 0029-0030).
Claim(s) 1, 2, 7, 9, 26, and 29 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by GB944215 (herein after ‘215).
As to claims 1 and 7, ‘215 discloses a process for treating sutures used for medical treatment (see page 1, lines 45-46). The process comprises treating the surface of the sutures (anodically cleaned- see page 2, lines 44-56); applying a coating to the suture (encasing with polytetrafluoroethylene – see page 4, lines 80-92) and treating the coating to cause adhesion (heating to fuse –page 4, line 93-94).
As to claim 2, the polytetrafluoroethylene is applied by wrapping a strip of film (ribbon – see page 4, lines 80-92).
As to claim 9, the coating is fused to the suture resulting in maintained adhesion.
As to claim 11, the film is consolidated during heating (resulting in shrinking).
As to claim 26, ‘215 discloses a process for treating sutures used for medical treatment (see page 1, lines 45-46). The process comprises treating the surface of the sutures (anodically cleaned- see page 2, lines 44-56); applying a coating to the suture (encasing with polytetrafluoroethylene by wrapping a strip of film (ribbon) – see page 4, lines 80-92).
As to claim 29, treating the coating to cause adhesion (heating to fuse –page 4, line 93-94).
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.
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) 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO2019126518 as applied to claim 21 above, in view of Bacino et al. (US 7306729).
The teachings of Gemetta et al. as applied to claim 21 are as states above.
Gemetta et al. fails to teach a step of modifying the expandable film in order to form the expanded PTFE as required by claim 25.
Gemetta et al. does provide an example of forming expanded PTFE materials using the process of US 7306729 (see 0038).
Bacino et al. teaches forming an expanded PTFE by extruding pellets to form a tape, the tape was transversely stretched, dried and then placed between banks of rolls and heated to expand the PTFE (see example 1, col. 12).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the process of Gemetta et al. to include the step of forming the expanded PTFE by as taught by Bacino et al. One would have been motivated to do so since both are directed to expanded PTFE films where Gemetta et al. states the film wrap used is generally described in Bacino et al. and Bacino et al. teaches an operable method for forming the ePTFE.
Conclusion
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/CACHET I. PROCTOR/
Examiner
Art Unit 1712
/CACHET I PROCTOR/Primary Examiner, Art Unit 1712