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 .
Response to Amendment
In response to the amendment filed on 6/25/2026, claims 1-11 are pending while claims 12-20 remain withdrawn.
The amendments obviate the previous claim objections, drawing objections and 35 U.S.C. 112 rejections. Therefore, those objections and rejections are hereby withdrawn.
Response to Arguments
Applicant’s arguments, see page 10, filed 6/25/2026, with respect to the prior art rejections have been fully considered and are persuasive. The prior art rejections have been withdrawn.
However, upon further consideration, a new ground(s) of rejection is made in view of the amendments to claim 4.
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.
Claim 4 is 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.
Claim 4 recites “further coupling an end of the passing loop construct to the adjustable loop construct”. It is unclear if this end of the passing loop construct is the same end as now recited at the end of amended claim 1, or if this end is referring to another/new end of the passing loop construct. Further, if it is referring to the same end as the end recited in claim 1, it is unclear how there is a further step of coupling this same end to the passing loop construct to the adjustable loop construct when this end is already coupled as required in amended claim 1.
Allowable Subject Matter
Claims 1-3, 5-11 are allowed.
Claims 12-20 remain withdrawn and should be addressed accordingly in the filing of the next response if claims 1-3, 5-11 are allowed in a Notice of Allowability.
The following is a statement of reasons for the indication of allowable subject matter: In regards to claim 1, the closest prior art of record, Hosseini et al (WO 2022/232126) in view of Spenciner (US 2021/0007840), discloses the invention substantially as detailed in the Office Action dated 1/28/2026. The prior art of record does not disclose or fairly suggest either singly or in combination the claimed method comprising, inter alia, coupling an end of the passing loop construct to the adjustable loop construct after stitching the passing construct around and through the graft at the second location. Instead, the end of the passing loop construct remains uncoupled to the adjustable loop construct after stitching the passing construct around and through the graft at the second location. Applicant discloses the advantage of such a configuration as shown in Figs. 5C and 5D and discussed in [0045]-[0046] of the published application. There is concomitant tension on a portion of the graft adjacent the first location (1) where the saddle end 704 extends around graft 1660 and also where the passing construct ends extend from graft 1660 (location (4)), closer to the free end 1660. By pulling on tool 725 (F) this concomitant tension helps to prevent the graft 1650 from folding.
Therefore, in view of the prior art and its deficiencies, Applicant’s invention is rendered novel and non-obvious, and thus, is allowable as claimed.
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 KATHERINE M SHI whose telephone number is (571)270-5620. The examiner can normally be reached Mon-Thurs, 8-5 EST.
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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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/KATHERINE M SHI/Primary Examiner, Art Unit 3771
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