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 .
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 23-38 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Dougherty et al. (U.S. Patent No. 12,533,225).
Regarding claim 23, Dougherty et al. discloses a surgical system (22000; FIGs. 146-148; C38:L25-45), comprising:
an elongate shaft (224442) including a distal end configured to be positioned in a body of a patient (FIG. 148: the distal end of 22442 is capable of being placed at the target site in a body);
an anchor (22600) releasably coupled to the elongate shaft (C38:L25-45: 22600 can be released from 22442 to be implanted) and configured to be implanted in the body of the patient (C38:L25-45: 22600 is an implant);
a pliable member (22444) fixedly attached to the elongate shaft (FIG. 147: 22444 are securely attached to 22442) with an end of the pliable member being freely movable relative to the elongate shaft (C38:L25-45: 22444 are resiliently deformable and can deform inward to allow for withdrawal of 22442 from 22600), the end of the pliable member being located distal to the anchor releasably coupled to the elongate shaft (FIG. 146: 22444 is distal to 22600);
wherein the elongate shaft and the pliable member cooperate to define an opening through which a suture is configured to extend (FIG. 146: 22444 and 22442 make the opening 22446 for the suture to pass through); and
the end of the pliable member is configured to move freely relative to the elongate shaft from a first position, in which the opening is enclosed (FIG. 146: 22446 is enclosed in the base position, as C8:L47-57 discloses the embodiment including 22446 has the distally extending portions forming a suture-retaining, split loop that prevents their exit until after anchor placement, thereby enclosing the suture), to a second position, in which the opening is not enclosed (C38:L25-45: 22444 are made of a deformable material, as per C8:L47-57, which allows for the exit of the suture when the suture presses against the gap 22447; 22444 is therefore capable of being moved to a second position where the opening is not enclosed by the suture being squeezed through the gap and making the gap larger).
Regarding claim 24, Dougherty et al. further discloses with the end of the pliable member in the first position, the elongate shaft seats the end of the pliable member (FIG. 147: 22442 holds the end of 22444 while 22444 is not actuated).
Regarding claim 25, Dougherty et al. further discloses the elongate shaft defines a longitudinal axis (FIG. 146: 22442 defines a longitudinal axis);
a first length of the pliable member extends substantially parallel to the longitudinal axis (FIG. 146: part of 22444 prior to the end is substantially parallel to 22442); and
with the end of the pliable member in the first position, a second length of the pliable member, which terminates in the end of the pliable member, extends substantially perpendicular to the longitudinal axis (FIG. 146: the ends of 22444 that form 22447 are substantially perpendicular to 22442).
Regarding claim 26, Dougherty et al. further discloses the first length of the pliable member extends substantially parallel to the longitudinal axis with the end of the pliable member in the first position and with the end of the pliable member in the second position (C38:L25-45: whether 22444 has or has not been deformed, part of the length of 22444 prior to the turn at the ends is always substantially parallel to 22442).
Regarding claim 27, Dougherty et al. further discloses the elongate shaft has first and second spaced-apart arms at the distal end of the elongate shaft (Annotated FIG. 148 below); and with the end of the pliable member in the first position, a first portion of the pliable member extends from the first arm toward the second arm (Annotated FIG. 148: the first portion extends from the first arm towards the end of the second arm).
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Regarding claim 28, Dougherty et al. further discloses the end of the pliable member is configured to move freely relative to the first arm and the second arm (C38:L25-45: the end of 22444 is shape memory so that the ends can move freely while the arms are unaffected); and the pliable member has a second portion that is continuous with the first portion (Annotated FIG. 148 above: the second portion is continuous with the first portion) and that is configured to not move relative to the first arm or the second arm during the free movement of the end of the pliable member relative to the first arm and the second arm (Annotated FIG. 148: when the first portion is being compressed by the anchor and deforms, the second portion does not move relative to the arms to allow the ends to be rotated out and open 22446 to allow for release of the suture).
Regarding claim 29, Dougherty et al. further discloses with the end of the pliable member in the first position and with the end of the pliable member in the second position, the elongate shaft and the pliable member cooperate to define lateral sides of the opening (Annotated FIG. 148 above: 22442 and 22444 define the lateral sides of 22446 regardless of whether 22444 have been deformed or not); and with the end of the pliable member in the first position, the first portion of the pliable member defines a distal side of the opening (Annotated FIG. 148: the first portion of 22444 defines the distal side of 22446).
Regarding claim 30, Dougherty et al. further discloses with the end of the pliable member in the first position, the anchor is configured to be advanced distally relative to the elongate shaft and into a bone hole (C38:L25-45: when 22444 is in the position shown in FIG. 146, 22600 may be advanced distally over 22444); and with the anchor in the bone hole, the elongate shaft is configured to move proximally relative to the anchor (C38:L25-45: when 22600 is advanced past 22444 into the target site, 22442 is moving proximally relative to 22600) and thereby cause the pliable member to move from the first position to the second position (C38:L25-45: the movement of 22600 over 22444 causes 22444 to bend and release the suture within 22446).
Regarding claim 31, Dougherty et al. further discloses with the end of the pliable member in the first position, a distal side of the opening is closed such that the suture extending through the opening cannot exit the opening through the distal side (C38:L25-45: when 22444 is in the position shown in FIG. 146, the distal opening 22447 is in a closed position so that the suture cannot leave through 22447, as described in C8:L47-57); and with the end of the pliable member in the second position, the distal side of the opening is open such that the suture extending through the opening can exit the opening through the distal side (C38:L25-45: when 22444 is opened by being pressed by 22600, 22447 is opened to allow for the suture to leave through the distal end of 22444).
Regarding claim 32, Dougherty et al. further discloses the suture (C38:L25-45: a suture is used).
Regarding claim 33, Dougherty et al. further discloses with the end of the pliable member in the first position and with the suture extending through the opening, the anchor is configured to be advanced distally relative to the elongate shaft and into a bone hole (C38:L25-45: when 22444 is in the position shown in FIG. 146 and the suture is within 22446, 22600 may be advanced distally over 22444).
Regarding claim 34, Dougherty et al. further discloses with the anchor in the bone hole, the elongate shaft is configured to move proximally relative to the anchor and thereby cause the pliable member to move from the first position to the second position (C38:L25-45: when 22600 is in the target site, movement of 22442 causes 22600 to be deployed and 22444 to be compressed to open).
Regarding claim 35, Dougherty et al. further discloses the pliable member is made from a shape memory material (C38:L25-45: 22444 can be made of nitinol).
Regarding claim 36, Dougherty et al. further discloses a handle (FIG. 1A: the proximal end of 22000 has a handle similar to that of 1502 of the first embodiment); wherein the elongate shaft extends distally from the handle (FIG. 1A: the distal end of the shaft extends from the handle).
Regarding claim 37, Dougherty et al. further discloses a cap (1402) proximal to the handle (FIG. 12: 1400 is inserted into 1500, so that 1402 is proximal to 1502); wherein the cap is configured to be struck with a tool and thereby cause the anchor to advance distally relative to the elongate shaft and thereby be fixed within bone (the functional language “configured to” means that 1402 only needs to be capable of being struck by a tool; FIG. 12: to advance 22600, 1402 is advanced distally within 1502, where the advancement could be accomplished by striking 1402 with another instrument).
Regarding claim 38, Dougherty et al. further discloses the pliable member is configured to remain in the first position throughout the distal advancement of the anchor relative to the elongate shaft (C38:L25-45: when 22444 is in the basic position shown in FIG. 146, 22600 may be advanced distally over 22442 while 22444 have not yet separated, which does not occur until 22600 has left 22442 to be in contact with 22444); and with the anchor fixed within the bone, the elongate shaft is configured to move proximally relative to the anchor and thereby cause the pliable member to move from the first position to the second position (C38:L25-45: when 22600 is advanced past 22444 into the target site, 22442 is moving proximally relative to 22600 to allow for the release of 22442, which allows 22600 to bend 22444 as 22442 is retracted from 22600).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Brunsvold et al. (Pub. No. 2025/0366844) discloses a similar suture guide, see FIGs. 3A-3B).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES RYAN MCGINNITY whose telephone number is (571)272-0573. The examiner can normally be reached M-Th 8 am-5:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Elizabeth Houston can be reached at 571-272-7134. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JRM/Examiner, Art Unit 3771
/KATHLEEN S HOLWERDA/Primary Examiner, Art Unit 3771