DETAILED ACTION
This Office Action is a Response to Applicant’s Arguments and Amendment submitted 04/21/2026.
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 .
Drawings
The drawings were received on 04/21/2026. These drawings are acceptable.
Claim Rejections - 35 USC § 112
The rejection of claim(s) 14-16 and 17-19 in the previous Office Action under this section, 2nd paragraph (pre-AIA ) or subsection (b) (AIA ), for being indefinite is hereby withdrawn in view of Applicant’s Amendment.
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.
Claim(s) 1, 14, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2012/0078299 A1 to Ramos Clamote (hereinafter “Ramos”).
Regarding claim 1, Ramos discloses (see abstract; Figs. 1-17; and [0039]-[0065]) a suture button apparatus comprising: a suture button (1, Figs. 1/15) including a top surface (face A, Figs. 3/17), a bottom surface (face B, Figs. 3/17), a first end (end closest to hole 6, Fig. 15) and a second end (end closest to hole 7, Fig. 15); a center passage (8) defined through the suture button between the first and second ends (see Figs. 15-17); a first passage (6) defined through the suture button between the center passage and the first end; a second passage (7) defined through the suture button between the center passage and the second end; a first bridge between the center passage and the first passage (structure shown in Figs. 15-17 between holes 6/8); and a second bridge between the center passage and the second passage (structure shown in Figs. 15-17 between holes 7/8), and a self-cinching adjustable loop suture construct (see Figs. 2-14) disposed on the suture button, wherein the self-cinching adjustable loop suture construct includes a cross strand (9) extending between the first bridge and the second bridge, the cross stand spanning across the first bridge, the center passage, and the second bridge (see Figs. 3-8 and [0043]-[0059]).
Ramos further discloses (claim 14) wherein the self-cinching adjustable loop suture construct is disposed on the suture button by a hitch around the first and the second bridge (see Figs. 3-8); and (claim 20) wherein the cross strand spans an underside of the first bridge and an underside of the second bridge (see Fig. 5), and wherein the first strand includes a first tag end (e.g., at 4, Fig. 5) projecting from the top surface of the suture button.
Claim Rejections - 35 USC § 103
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 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) 1-7 and 14-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 8,323,338 B2 to LeBeau et al. (hereinafter “LeBeau”) (previously of record) in view of Ramos.
Regarding claim 1, LeBeau discloses (see abstract; Figs. 2A-4B; and Col. 2, line 64 - Col. 4, line 67) a suture button apparatus comprising: a suture button (90) including a top surface (115), a bottom surface (114), a first end (112) and a second end (other 112); a center passage (120) defined through the suture button between the first and second ends; a first passage (125a) defined through the suture button between the center passage and the first end; a second passage (other 125a) defined through the suture button between the center passage and the second end; a first bridge between the center passage and the first passage; and a second bridge between the center passage and the second passage (bridges are shown in Fig. 3A as structure between 120 and each opposing hole 125a), and a self-cinching adjustable loop suture construct (30) disposed on the suture button (see Figs. 4A-B).
LeBeau further discloses (claim 2) a first ramp disposed on the top surface between the first passage and the first end (sloped surface pointed to by #115, Fig. 2A, see also Col. 3, lines 22-26); (claim 3) a second ramp disposed on the top surface between the first passage and the second end (sloped surface pointed to by #110 in Fig. 2A, see also Col. 3, lines 22-26); (claim 4) a first hole (125b) defined in the suture button between the first passage and the first end (see Figs. 2A-3B); (claim 5) a second hole (other 125b) defined in the suture button between the second passage and the second end (see Figs. 2A-3B); (claim 6) a recess (116) defined in the bottom surface, the recess open to the first passage, second passage and center passage (see Fig. 2A and Col. 3, lines 8-14); (claim 7) wherein the recess includes a rectangular profile into the suture button (see Fig. 2A); and (claim 16) a passing suture (45) disposed in the first hole (see Fig. 4A).
With respect to claim 1, LeBeau fails to specifically disclose wherein the self-cinching adjustable loop suture construct includes a cross strand extending between the first bridge and the second bridge, the cross stand spanning across the first bridge, the center passage, and the second bridge.
Ramos discloses (see abstract; Figs. 1-17; and [0039]-[0065]), in the same field of endeavor, a suture button apparatus comprising: a suture button (1, Figs. 1/15) including a top surface (face A, Figs. 3/17), a bottom surface (face B, Figs. 3/17), a first end (end closest to hole 6, Fig. 15) and a second end (end closest to hole 7, Fig. 15); a center passage (8) defined through the suture button between the first and second ends (see Figs. 15-17); a first passage (6) defined through the suture button between the center passage and the first end; a second passage (7) defined through the suture button between the center passage and the second end; a first bridge between the center passage and the first passage (structure shown in Figs. 15-17 between holes 6/8); and a second bridge between the center passage and the second passage (structure shown in Figs. 15-17 between holes 7/8), and a self-cinching adjustable loop suture construct (see Figs. 2-14) disposed on the suture button, wherein the self-cinching adjustable loop suture construct includes a cross strand (9) extending between the first bridge and the second bridge, the cross stand spanning across the first bridge, the center passage, and the second bridge (see Figs. 3-8 and [0043]-[0059]) for the purpose of allowing advantageous execution of the knots to be roughly in the center of the button, thereby centering the suture to enable correct application of the button on the desired tissue by allowing satisfactory equilibrium on the button (see [0049]/[0052]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified LeBeau’s construct by passing the suture so it passes through the outer passages and across the center passage as taught by Ramos in order to allow advantageous execution of the knots to be roughly in the center of the button, thereby centering the suture to enable correct application of the button on the desired tissue by allowing satisfactory equilibrium on the button.
Regarding claim 14, the combination of LeBeau and Ramos, as set forth above for the reasons set forth above, would further disclose as per LeBeau wherein the self-cinching adjustable loop suture construct is disposed on the suture button by a hitch around first and second bridges (see Figs. 4A-B).
Regarding claim 15, the combination of LeBeau and Ramos, as set forth above for the reasons set forth above, would further disclose as per LeBeau a recess (116) defined in the bottom surface, the recess open to the first passage, second passage and center passage (see Fig. 2A and Col. 3, lines 8-14); and as a result of the combination of LeBeau and Ramos, a cross strand of the self-cinching adjustable loop suture construct disposed in the recess (see Fig. 4A of LeBeau, by virtue of passing through button 100 which is in the recess when modified by Ramos as set forth above).
Claim(s) 8-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over LeBeau in view of Ramos, as applied to claim 1 above, and further in view of US 2016/0113755 A1 to Senior (hereinafter “Senior”) (previously of record)
Regarding claims 8-12, the combination of LeBeau and Ramos discloses the invention substantially as claimed as discussed above, however, with respect to claims 8-10, LeBeau fails to specifically disclose wherein the center passage and first and second passages have rectangular profiles through the suture button, and with respect to claims 11-12, wherein the bridges include a rectangular cross-sectional profile. Note that LeBeau's passages appear to have circular profiles through the suture button (as shown in Figs. 2A-3B).
Senior discloses (see abstract; Figs. 2-8, and [0070]-[0075]), in the same field of endeavor of suture buttons, a suture button (22) including a top surface (50), a bottom surface (48), a first end (24) and a second end (26); a center passage (44) defined through the suture button between the first and second ends; a first passage (30) defined through the suture button between the center passage and the first end; a second passage (36) defined through the suture button between the center passage and the second end; a first bridge (80) between the center passage and the first passage; and a second bridge (82) between the center passage and the second passage; and further discloses wherein the center passage directly and, indirectly, the first and second passages may have any shape as desired, such as generally circular or generally quadrilateral such as rectangular (see [0105]). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, as a matter of being obvious to try - choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success (see KSR International Co. v. Teleflex Inc., 550 U.S. 398,82 USPQ2d 1385,1395- 97(2007)), to obtain the predictable result of the passageways in the suture button as being shaped as either circular or rectangular, since LeBeau discloses a circular shape but Senior discloses that circular and rectangular shapes are interchangeable. Moreover, while Applicant's specification discloses a purpose for making the center passage rectangular (see [0061]), the specification states no purpose, solution, or reason for making the first/second passages rectangular, and therefore it further would have been a matter of mere design choice to one of ordinary skill in the art to make the end passages in LeBeau's suture button rectangular. Finally, in making the center passage and adjoining first/second passages rectangular in shape, the end result of the combination would be that the structure of the button defining around those passages to make the rectangular shape would also then have a rectangular cross-sectional profile.
Claim(s) 17-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2005/0288710 A1 to Fallin et al. (hereinafter “Fallin”) (previously of record) in view of Ramos.
Regarding claim 17, Fallin discloses (see abstract; Figs. 1-5; and [0046]-[0072]) a suture assembly apparatus, comprising; a suture button (10) including a first end (18), a second end (20), a top surface (14), a bottom surface (16), a first passage (28), a second passage (28'), a center passage (22) between the first and second passages, a first bridge between the center passage and the first passage and a second bridge between the center passage and the second passage (structure of button between center passage 22 and working passages 28/28'); a suture (100) including a first strand (110) positioned around the first bridge, a second strand (110') positioned around the second bridge, and a cross strand (102) extending between the first bridge and the second bridge; a first self-cinching section (104 + 106 + 110) on the suture; a second self-cinching section (104' + 106' + 110') suture; a first adjustable loop (106) formed in the first strand; and a second adjustable loop (106') formed in the second strand (see Figs 4A-B and [0062]-[0068]).
Fallin further discloses (claim 18) the first self-cinching section disposed on the second strand extending into the center passage; the second self-cinching section disposed on the first strand extending into the center passage; wherein the first strand extends through the first self-cinching section in the second strand, and wherein the second strand extends through the first self-cinching section in the first strand (see Figs 4A-B and [0062]-[0068]); and (claim 19) the first self-cinching section disposed on the first strand, wherein the first strand extends through the first self-cinching section on the first strand; and the second self-cinching section disposed on the second strand, wherein the second strand extends through the second self-cinching section on the second strand (see Figs 4A-B and [0062]-[0068]).
With respect to claim 17, Fallin fails to specifically disclose the cross stand spanning across the first bridge, the center passage, and the second bridge.
Ramos discloses (see abstract; Figs. 1-17; and [0039]-[0065]), in the same field of endeavor, a suture button apparatus comprising: a suture button (1, Figs. 1/15) including a top surface (face A, Figs. 3/17), a bottom surface (face B, Figs. 3/17), a first end (end closest to hole 6, Fig. 15) and a second end (end closest to hole 7, Fig. 15); a center passage (8) defined through the suture button between the first and second ends (see Figs. 15-17); a first passage (6) defined through the suture button between the center passage and the first end; a second passage (7) defined through the suture button between the center passage and the second end; a first bridge between the center passage and the first passage (structure shown in Figs. 15-17 between holes 6/8); and a second bridge between the center passage and the second passage (structure shown in Figs. 15-17 between holes 7/8), and a self-cinching adjustable loop suture construct (see Figs. 2-14) disposed on the suture button, wherein the self-cinching adjustable loop suture construct includes a cross strand (9) extending between the first bridge and the second bridge, the cross stand spanning across the first bridge, the center passage, and the second bridge (see Figs. 3-8 and [0043]-[0059]) for the purpose of allowing advantageous execution of the knots to be roughly in the center of the button, thereby centering the suture to enable correct application of the button on the desired tissue by allowing satisfactory equilibrium on the button (see [0049]/[0052]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Fallin’s construct by passing the suture so it passes through the outer passages and across the center passage as taught by Ramos in order to allow advantageous execution of the knots to be roughly in the center of the button, thereby centering the suture to enable correct application of the button on the desired tissue by allowing satisfactory equilibrium on the button.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-12 and 14-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAUN L DAVID whose telephone number is (571)270-5263. The examiner can normally be reached M-F 10AM-6:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Darwin Erezo can be reached at 571-272-4695. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHAUN L DAVID/Primary Examiner, Art Unit 3771
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