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 .
Drawings
The drawings have been received on 02/20/2024 and these drawings have been objected to under 37 CFR 1.84 for the following reasons: lines, numbers and letters are not uniformly thick and well defined; and numbers and reference characters are not plain and legible for all figures. Additionally, solid black shading should only be used to represent bar graphs or color – MPEP 608.02(v), however, the current drawings employ black shading as part of the structure of the apparatus shown in the figures. New corrected drawings in compliance with 37 CFR 1.121(d) are required in this application because of the reasons stated above. Applicant is advised to employ the services of a competent patent draftsperson outside the Office, as the U.S. Patent and Trademark Office no longer prepares new drawings. The corrected drawings are required in reply to the Office action to avoid abandonment of the application. The requirement for corrected drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 14-16 and 17-19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 14, the claim recites “first and second bridges”. The claim depends from claim 1, which previously introduced “a first bridge” and “a second bridge”. Thus, it is unclear whether the bridges in claim 14 refer back to the same bridges introduced in claim 1 or to different and separate bridges, therefore rendering the claim indefinite. For examination purposes it will presume to refer back to the same bridges previously introduced.
Claims 15-16 are indefinite by virtue of their dependency on indefinite base claim 14.
Regarding claim 17, the claim recites “a second self-cinching section suture”. It is unclear if this recitation intends to read as “a second self-cinching section on the suture” (such that the claimed suture assembly apparatus comprises one suture having first AND second self-cinching sections), or to introduce a second suture to the suture assembly apparatus which has a self-cinching section. Therefore, the claim is indefinite. For examination purposes, it will presume to read as “a second self-cinching section on the suture”.
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) 1-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 8,323,338 B2 to LeBeau et al. (hereinafter “LeBeau”).
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).
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); and (claim 7) wherein the recess includes a rectangular profile into the suture button (see Fig. 2A).
Claim(s) 17-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2005/0288710 A1 to Fallin et al. (hereinafter “Fallin”).
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]).
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.
Claim(s) 8-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over LeBeau in view of US 2016/0113755 A1 to Senior (hereinafter “Senior”).
Regarding claims 8-12, LeBeau 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.
Regarding claim 13, the combination of LeBeau and Senior, as set forth above for the reasons set forth above, would further disclose as per LeBeau a self-cinching adjustable loop suture construct (30) disposed on the suture button (see Figs. 4A-B).
Regarding claim 14, the combination of LeBeau and Senior, 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 Senior, as set forth above for the reasons set forth above, would further disclose as per LeBeau a cross strand of the self-cinching adjustable loop suture construct disposed in the recess 9see Fig. 4A, by virtue of passing through button 100 which is in the recess).
Regarding claim 16, the combination of LeBeau and Senior, as set forth above for the reasons set forth above, would further disclose as per LeBeau a passing suture (45) disposed in the first hole (see Fig. 4A).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See the attached PTO-892 Notice of References cited for additional relevant prior art disclosing suture buttons relevant to the claimed invention.
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.
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, 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