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 § 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 2-7, 16-18 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 2 recites “a side wall of the chamber” in line 2. It is unclear if this side wall is the same as “a wall” as claimed in claim 1. Claims 3-6 also rejected for depending on rejected claim 2.
Claim 6 depending on claim 2 recites “a first suture needle” while claim 2 already recites “a suture needle”. It is unclear if this is a different suture needle or the same.
Claim 7 recites “a side wall of the chamber”. Claim 1 recites “a wall”. It is unclear if these are the same structure.
Claim 16 recites “a side wall” in line 2. Claim 1 recites “a wall” in line 3. It is unclear if these are the same limitations.
Claim 16 recites “one or more needle guide holes”, while claim 1 from which it depends already recites “a first needle guide hole”. It is unclear if the one or more needle guide holes includes the previous first needle guide hole or is structure in addition to the first needle guide hole.
Claim 17, recites “the needle guide holes”. There is lack of antecedent basis for this limitation in the claims.
Claim 18 recites “the suture needle”. There is lack of antecedent basis for this limitation in the claims.
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, 11, 16, 18-19, 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 6,200,327 to Assal.
Assal teaches:
Claim 1: A tendon suture instrument, comprising a chamber (space between prongs 36 and 37, Fig. 1 reproduced with annotation below) for accommodating a tendon tissue (intended use), wherein one end of the chamber is provided with an opening (Fig. 1 reproduced with annotation below), the opening is arranged to allow the tendon tissue to enter the chamber, the chamber is defined by a wall (inner surface of 36 and 37, Fig. 1 reproduced with annotation below), and a first wiring channel (38, Fig. 1 reproduced with annotation below) and a first needle guide hole (opening on each side of channel 38, Fig. 1 reproduced with annotation below) are arranged on the wall.
Claim 2: The first wiring channel (38, Fig. 1 reproduced with annotation below) comprises the first needle guide hole, a side wall of the chamber comprises a second wiring channel comprising a third needle guide hole, and the first wiring channel and the second wiring channel are distributed on two sides of the chamber (Fig. 1 reproduced with annotation below).
Claim 3: The first needle guide hole of the first wiring channel (Fig. 1 reproduced with annotation below) is arranged to guide a suture needle (not yet claimed) to pass through a cross section of the chamber and then exit from the third needle guide hole of the second wiring channel (Fig. 1 reproduced with annotation below) (As shown in Fig. 1, the needle 10 is passing through from the prong 37 across the chamber and through prong 36 via orifices 35 and 38).
Claim 4: A second needle guide hole (Fig. 1 reproduced with annotation below) is arranged on the first wiring channel, and the first needle guide hole and the second needle guide hole are distributed at two ends of the first wiring channel (Fig. 1 reproduced with annotation below); and the second wiring channel further comprises a fourth needle guide hole (Fig. 1 reproduced with annotation below), and the third needle guide hole and the fourth needle guide hole are distributed at two ends of the second wiring channel (Fig. 1 reproduced with annotation below).
Claim 5: The first wiring channel and the second wiring channel are arranged axisymmetrically along the chamber (Fig. 1 reproduced with annotation below); a third wiring channel is arranged near a same side as the first wiring channel (Fig. 1 reproduced with annotation below), a fourth wiring channel is arranged near a same side as the second wiring channel (Fig. 1 reproduced with annotation below), and a fifth needle guide hole and a sixth needle guide hole are arranged at two ends of the third wiring channel (Fig. 1 reproduced with annotation below); and a seventh needle guide hole and an eighth needle guide hole are arranged at two ends of the fourth wiring channel (Fig. 1 reproduced with annotation below).
Claim 6: The first needle guide hole of the first wiring channel is arranged to guide a first suture needle to pass into and out of the third needle guide hole of the second wiring channel (Fig. 1 reproduced with annotation below) (As shown in Fig. 1, the needle 10 is passing through from the prong 37 across the chamber and through prong 36 via orifices 35 and 38), and then the fourth needle guide hole of the second wiring channel is arranged again to guide the first suture needle to pass into and out of the sixth needle guide hole of the third wiring channel (The 4th needle guide hole of the 2nd wiring channel is “arranged” such that after passing into and out of it, the needle is capable of inserting into the 8th needle guide hole through the 7th needle guide hole and into and out of the 6th needle guide hole of the 3rth wiring channel, Fig. 1 reproduced with annotation below).
Claim 7: The first wiring channel is arranged on a side wall of the chamber along a longitudinal direction of the chamber (Fig. 1 reproduced with annotation below), and a second wiring channel is arranged symmetrical to the first wiring channel along a longitudinal axis of the chamber (Fig. 1 reproduced with annotation below), alternatively, both the first wiring channel and the second wiring channel are arranged along the longitudinal direction of the chamber and distributed on two sides of the chamber (Fig. 1 reproduced with annotation below).
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Claim 11: A second wiring channel is arranged on a same side as the first wiring channel on the wall of the chamber (Fig. 1 reproduced with annotation below), and a third wiring channel and a fourth wiring channel are arranged symmetrical to the first wiring channel and the second wiring channel on the wall of the chamber (Fig. 1 reproduced with annotation below), wherein the first wiring channel is not in communication with the second wiring channel, and the third wiring channel is not in communication with the fourth wiring channel (the first, second, third and fourth wiring channels are positioned on different location on the wall of the chamber and are not contacting with each other, therefore, it is said to be not in communication with each other).
Claim 16: A second wiring channel (Fig. 1 reproduced with annotation below) is arranged on a same side as the first wiring channel on a side wall (Fig. 1 reproduced with annotation below) of the chamber, and one or more needle guide holes are arranged on each wiring channel (there are openings/needle guide holes on both ends of each wiring channel, Fig. 1 below).
Claim 18: The first wiring channel is close to the second wiring channel (Fig. 1 reproduced with annotation below), or the first wiring channel is arranged parallel to the second wiring channel (Fig. 1 reproduced with annotation below), and the suture needle (such as needle 10, Fig. 1) can pass between the first wiring channel and the second wiring channel (functional limitation, the suture needle can pass through the first wiring channel, through the third wiring channel, come back around to the fourth wiring channel and enter through the second wiring channel).
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Claim 19: The first wiring channel and the second wiring channel (Fig. 1 reproduced with annotation below) are arranged on a same side on the wall of the chamber, the first needle guide hole and a second needle guide hole (Fig. 1 reproduced with annotation below) are arranged on the first wiring channel, and a third needle guide hole and a fourth needle guide hole (Fig. 1 reproduced with annotation below) are arranged on the second wiring channel; and when first suture is performed (functional limitation), a suture needle (such as needle 10, Fig. 1) enters from the second needle guide hole of the first wiring channel and then exits from the third needle guide hole of the second wiring channel (the needle can enter from the second needle guide hole, through the first wiring channel, then come around and enter through the second wiring channel and exits the third needle guide hole as shown in figure 1 below).
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Claim 21: A tendon suture instrument, comprising a chamber (space between prongs 36 and 37, Fig. 1 reproduced with annotation above), wherein one end of the chamber is provided with an opening (Fig. 1 reproduced with annotation above), the chamber is used for accommodating a sutured tendon tissue (Intended use), the tendon tissue can enter the chamber through the opening of the chamber when needing to be sutured (functional limitation), the chamber is defined by a wall (Fig. 1 reproduced with annotation above), and a wiring region (wiring channel, Fig. 1 reproduced with annotation above) is arranged on the wall, wherein one or more needle guide holes (Fig. 1 reproduced with annotation above) are arranged on the wiring region.
Claim(s) 1, 7-10, 16-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 6322571 to Adams.
Adams teaches:
Claim 1: A tendon suture instrument, comprising a chamber (between jaws 32 and 34, Fig. 1 reproduced with annotation below) for accommodating a tendon tissue (intended use), wherein one end of the chamber is provided with an opening (Fig. 1 reproduced with annotation below), the opening is arranged to allow the tendon tissue to enter the chamber, the chamber is defined by a wall (Fig. 1 reproduced with annotation below), and a first wiring channel (Fig. 1 reproduced with annotation below) and a first needle guide hole (Fig. 1 reproduced with annotation below) are arranged on the wall.
Claim 7: The first wiring channel is arranged on a side wall of the chamber along a longitudinal direction of the chamber (Fig. 1 reproduced with annotation below), and a second wiring channel is arranged symmetrical to the first wiring channel along a longitudinal axis of the chamber (Fig. 1 reproduced with annotation below), alternatively, both the first wiring channel and the second wiring channel are arranged along the longitudinal direction of the chamber and distributed on two sides of the chamber (Fig. 1 reproduced with annotation below).
Claim 8: The first needle guide hole, a second needle guide hole and a third needle guide hole are arranged sequentially on the first wiring channel (Fig. 1 reproduced with annotation below), and a fourth needle guide hole, a fifth needle guide hole and a sixth needle guide hole are arranged sequentially on the second wiring channel (Fig. 1 reproduced with annotation below), wherein the first needle guide hole and the fourth needle guide hole are arranged in a symmetrical communication manner, the second needle guide hole and the sixth needle guide hole are arranged in a communication manner, and the third needle guide hole and the fifth needle guide hole are arranged in a communication manner (Fig. 1 reproduced with annotation below).
Claim 9: When a first suture needle and a second suture needle (the suture needles are not yet claimed) connected to a suture wire are used for tendon suture, the first suture needle can enter from the first needle guide hole of the first wiring channel and exit from the fourth needle guide hole of the second wiring channel, so that the first suture needle is located on one side of the second wiring channel, and the second suture needle is distributed on one side of the first wiring channel (the suture needles are not yet claimed and the sutures needles are capable of performing the function as claimed).
Claim 10: The first suture needle (not yet claimed) can enter from the fifth needle guide hole and exit from the third needle guide hole, the second suture needle enters from the second needle guide hole and exits from the sixth needle guide hole, and the suture wire is arranged on a tendon in a cross manner if the tendon tissue is contained in the chamber (the suture needles are not yet claimed and the sutures needles are capable of performing the function as claimed).
Claim 16: A second wiring channel (Fig. 1 reproduced with annotation below) is arranged on a same side as the first wiring channel on a side wall (Fig. 1 reproduced with annotation below) of the chamber, and one or more needle guide holes are arranged on each wiring channel (Fig. 1 reproduced with annotation below).
Claim 17: The first needle guide hole and a second needle guide hole (Fig. 1 reproduced with annotation below) are arranged at two ends of the first wiring channel, and a third needle guide hole and a fourth needle guide hole are arranged at two ends of the second wiring channel (Fig. 1 reproduced with annotation below), so that when the needle guide holes are used to guide a suture needle to move, the suture needle enters from the needle guide hole at one end of the first wiring channel and exits from the needle guide hole of the second wiring channel (the suture needle is not yet claimed and the suture needle are capable of performing the function as claimed).
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Claim(s) 1, 11-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Adams.
Adams teaches:
Claim 1: A tendon suture instrument, comprising a chamber (Fig. 6 reproduced with annotation below) for accommodating a tendon tissue (intended use), wherein one end of the chamber is provided with an opening (Fig. 6 reproduced with annotation below), the opening is arranged to allow the tendon tissue to enter the chamber, the chamber is defined by a wall (Fig. 6 reproduced with annotation below), and a first wiring channel (Fig. 6 reproduced with annotation below) and a first needle guide hole (Fig. 6 reproduced with annotation below) are arranged on the wall.
Claim 11: A second wiring channel (Fig. 6 reproduced with annotation below) is arranged on a same side as the first wiring channel on the wall of the chamber, and a third wiring channel and a fourth wiring channel are arranged symmetrical to the first wiring channel and the second wiring channel on the wall of the chamber (Fig. 6 reproduced with annotation below), wherein the first wiring channel is not in communication with the second wiring channel, and the third wiring channel is not in communication with the fourth wiring channel (the channels are not connecting).
Claim 12: A length of the first wiring channel is less than that of the second wiring channel (the second wiring channel is slanted and therefore it is longer than the first wiring channel), alternatively, a length of the third wiring channel is greater than that of the fourth wiring channel (the third wiring channel is slanted and therefore it is longer than the fourth wiring channel).
Claim 13: A projection of the first wiring channel is located in or on the third wiring channel, or the length of the first wiring channel is less than that of the third wiring channel (the third wiring channel is slanted and therefore it is longer than the first wiring channel); or a length of the fourth wiring channel is less than that of the second wiring channel (Fig. 6 reproduced with annotation below) (the second wiring channel is slanted and therefore it is longer than the fourth wiring channel).
Claim 14: One or more needle guide holes are arranged on the first wiring channel, the second wiring channel, the third wiring channel, and the fourth wiring channel (Fig. 6 reproduced with annotation below).
Claim 15: The first wiring channel, the second wiring channel, the third wiring channel, and the fourth wiring channel are arranged along a longitudinal direction of the chamber (Fig. 6 reproduced with annotation below).
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHONG SON DANG whose telephone number is (571)270-5809. The examiner can normally be reached Mon-Fri 8-5.
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/PHONG SON H DANG/Primary Examiner, Art Unit 3771