Prosecution Insights
Last updated: April 17, 2026
Application No. 18/529,559

METHODS FOR ATTACHING TENDONS AND/OR LIGAMENTS TO BONE AND/OR CARTILAGE

Non-Final OA §103
Filed
Dec 05, 2023
Examiner
NGUYEN, VI X
Art Unit
3771
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
unknown
OA Round
1 (Non-Final)
86%
Grant Probability
Favorable
1-2
OA Rounds
3y 5m
To Grant
99%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allow Rate
983 granted / 1145 resolved
+15.9% vs TC avg
Moderate +13% lift
Without
With
+13.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
29 currently pending
Career history
1174
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
36.9%
-3.1% vs TC avg
§102
40.1%
+0.1% vs TC avg
§112
11.0%
-29.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1145 resolved cases

Office Action

§103
DETAILED ACTION Specification The abstract of the disclosure is objected to because it contains legal phraseology such as “comprises” in lines 4,9,14 . A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b). Claim Interpretation The following is a quotation of 35 U.S.C. 112(f): (f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph: An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked. As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph: (A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function; (B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and (C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function. Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function. Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function. Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. 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) 1-4, 6-8, 10-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bonutti U.S 2014/0067063 in view of Grotz U.S 2018/0064544. Claim 1: Bonutti discloses a method for repairing at least one of a tendon and a ligament in a joint region of a patient (see paragraphs 2, 13) , the method comprising: inserting a tube, a needle, or a combination thereof into the joint region and proximal to the at least one of a tendon and a ligament (see paragraphs 30,36,60,157) ; removing the tube, the needle, or both from the joint region (see paragraphs 141,142), but is silent regarding inserting an implantable membrane into the tube, onto the needle, or a combination thereof in the joint region, wherein the implantable membrane comprises a biological material that promotes cell growth while leaving the implantable membrane in the joint region and contacting the implantable membrane with the at least one of the tendon and the ligament; and securing the implantable membrane in the joint region. Grotz , in the same field of endeavor, a resilient interpositional arthroplasty implant for application into a joint to pad cartilage defects, cushion, and replace or restore the articular surface, which may preserve joint integrity, reduce pain and improve function. The implant may endure variable joint compressive and shear forces and cyclic loads. The implant may repair , reconstruct, and regenerate joint anatomy, and thereby improve upon joint replacement alternatives. The walls of this invention may capture, distribute and hold living cells until aggregation and hyaline cartilage regrowth occurs. The implant may be deployed into debrided joint spaces, molding and conforming to surrounding structures with sufficient stability so as to enable immediate limb use after outpatient surgery. Appendages of the implant may repair or reconstruct tendons or ligaments, and menisci by interpositional compliant polymer arthroplasties that promote anatomic joint motion (see abstract). Further, Grotz teaches inserting an implantable membrane into the tube, onto the needle, or a combination thereof in the joint region, wherein the implantable membrane comprises a biological material that promotes cell growth while leaving the implantable membrane in the joint region and contacting the implantable membrane with the at least one of the tendon and the ligament; and securing the implantable membrane in the joint region (see paragraphs 125,241,257,286). It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify Bonutti with inserting an implantable membrane into the tube, onto the needle, or a combination thereof in the joint region, wherein the implantable membrane comprises a biological material that promotes cell growth while leaving the implantable membrane in the joint region and contacting the implantable membrane with the at least one of the tendon and the ligament; and securing the implantable membrane in the joint region as taught by Grotz in order to promote regrowth cells and cell regeneration in the area that is greatest need. Claim s 2-4, 8 : Bonutti discloses further comprises imaging (see paragraph 166) a tear in the at least one of the tendon and ligament and cutting two incisions in skin proximal to the joint region (see fig. 3, paragraphs 83-84) , wherein the tube, the needle, or the combination thereof (see paragraphs 30,36, 157) is inserted into the joint region using the two incisions. , wherein insertion of the tube, the needle, or the combination thereof is guided into the joint region using ultrasound, fluoroscopy (see paragraph 166) , or a combination thereof ; wherein the joint region comprises a shoulder and the tube, the needle, or the combination thereof is inserted between an inferior deltoid and superior deltoid and a rotator cuff tendon (see paragraphs 15,117), urther comprising cutting two incisions in skin proximal to the joint region, wherein the tube is inserted into the joint region using the two incisions and closing the incisions, after securing the implantable membrane in the joint region, using an adhesive (see fig. 3, paragraphs 83-84). Claims 6-7 : Grotz teaches wherein the implantable membrane is inserted into the tube in the joint region with graspers, the needle, or a combination thereof ; wherein securing the implantable membrane in the joint region utilizes at least one of a dowel, a staple, clotted bone marrow, clotted platelet rich plasma, and an adhesive (see paragraphs 125,241,257). Claim 10 : Bonutti discloses wherein the at least one of the tendon and the ligament comprises a tendon which attaches a supra- spinatus muscle to a humerus (see paragraphs 15,102). Claims 11-13: Bonutti in view of Grotz disclose the invention substantially as claimed but is silent regarding wherein the biological material comprises at least one of a placental membrane, a collagen membrane, a carbohydrate matrix, a biocompatible polymer membrane, and a biologically derived membrane. , further comprising applying a cell growth mixture on the at least one of the tendon and the ligament. , further comprising applying a cell growth mixture on the at least one of the tendon and the ligament, wherein the cell growth mixture comprises at least one of stem cells, platelets, and spun fat. It would have been obvious to one having ordinary skill in the art at the time the invention was made to construct the device included the biological material comprises at least one of a placental membrane, a collagen membrane, a carbohydrate matrix, a biocompatible polymer membrane, and a biologically derived membrane. , further comprising applying a cell growth mixture on the at least one of the tendon and the ligament. , further comprising applying a cell growth mixture on the at least one of the tendon and the ligament, wherein the cell growth mixture comprises at least one of stem cells, platelets, and spun fat , since it has been held to be within the general skill of a worker in the art to select a known material on the basic of its suitability for the intended use or as a matter of obvious design choice. In re Leshin , 125 USPQ 416. Allowable Subject Matter Claim s 5, 9 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. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT VI X NGUYEN whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-4699 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Monday-Friday (6:30-4:30) . Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, FILLIN "SPE Name?" \* MERGEFORMAT Darwin Erezo can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 571-272-4695 . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /VI X NGUYEN/ Primary Examiner, Art Unit 3771
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Prosecution Timeline

Dec 05, 2023
Application Filed
Mar 12, 2026
Non-Final Rejection — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
86%
Grant Probability
99%
With Interview (+13.3%)
3y 5m
Median Time to Grant
Low
PTA Risk
Based on 1145 resolved cases by this examiner. Grant probability derived from career allow rate.

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