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 .
Election/Restrictions
Applicant's election with traverse of Group 1, claims 1-14, in the reply filed on 3/25/2026 is acknowledged. The traversal is on the ground(s) that the prior art of Norton does not read on the shared technical feature of amended independent claims 1, 15 and 16. Examiner acknowledges and agrees on this. However, in light of the amendments the shared technical feature of amended independent claims 1, 15 and 16, which is: a surgical anchor for use in a bone cavity, comprising: an anchor body, the anchor body deformable from an insertion configuration to an anchoring configuration; and a flexible, elongated member, the flexible, elongated member comprising: a looped section, the looped section including a proximal portion and a distal portion; and first and second tail sections, the first and second tail sections connected to the looped section at the proximal portion of the looped section; the looped section including an apex, and the first and second tail sections pass transversely through and extend from the apex; and configured such that tensioning the first and second tail sections causes the anchor body to deform into the anchoring configuration, is still not a special technical feature as it does not make a contribution over the prior art in view of US 20110098727 Kaiser et al. (see rejection below).
The requirement is still deemed proper and is therefore made FINAL.
Response to Amendment
In response to the amendment filed on 3/25/2026, claim 2 has been cancelled, and claims 1, 3-14 are pending.
Claim Rejections - 35 USC § 102
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.
Claims 1, 3-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20110098727 Kaiser et al. (hereinafter Kaiser).
Regarding claim 1, Kaiser discloses a surgical anchor (300, Fig. 14), comprising:
(a) an anchor body (see upper anchor 150, Fig. 14, paragraph 53), the anchor body deformable from an insertion configuration (see insertion configuration of 150 in Fig. 14) to an anchoring configuration (see an anchoring configuration of anchor body 150 in Fig. 22, paragraph 65; paragraph 42, anchor 150 can have any properties that allow the flexible anchor 150 to change shape); and
(b) a flexible, elongated member (see suture construct 300, Fig. 14, paragraph 52), the flexible, elongated member comprising:
(i) a looped section (looped section comprising loops 304 and 304’, Fig. 14, paragraph 52), the looped section including a first proximal portion (bottom portion of loop 304 as seen in Fig. 14) and a distal portion (upper portions 308 and 308’ of 304 and 304’ as seen in Fig. 14, paragraph 53), wherein at least part of the distal portion is engaged with the anchor body (upper portions 308 and 308’ of loops 304 and 304 engage with anchor body 150 as seen in Fig. 14, paragraph 53);
(ii) first and second tail sections (first and second tail sections 258 and 262, Fig. 14, paragraph 52), the first and second tail sections extending from a second proximal portion (bottom portion of loop 304’ as seen in Fig. 14) of the looped section (ends 258 and 262 extend from the bottom proximal portion of loop 304’ as seen in Fig. 14); and
(iii) the looped section including an apex (bottom passage portion 268, Fig. 14, paragraph 52-54), and the first and second tail sections pass transversely through and extend from the apex (ends 258 and 262 pass through bottom passage portion 268 as seen in Fig. 14, paragraph 52-54);
wherein the surgical anchor is configured such that tensioning the first and second tail sections causes the apex to move distally relative to the anchor body (paragraph 65, Fig. 14, during tensioning of ends 258 and 262 while the upper anchor body 150 is stationary causes passage portion 268 to move distally toward the anchor upper anchor body 150, the passage portion 268 slides relative to anchor body 150) and the looped section to narrow (paragraph 54, Fig. 14, applying tension to ends 258 and 262 causes the loops 304 and 304’ to reduce in size), causing the anchor body to deform to the anchoring configuration (paragraph 47, 65, Fig. 22, tensioning of ends 258 and 262 causes anchor 150 to deform into the anchoring configuration).
Regarding claim 3, Kaiser discloses the limitations of claim 1, and further discloses where the looped section is formed by two overlapping loops of the elongated member (two loops 304 and 304’ as seen in Fig. 14, paragraph 52) and wherein the looped section ends where the first and second tail sections connect to the looped section (loops 304 and 304’ end at passage portion 268 where tail sections 258 and 262 connect as seen in Fig. 14, paragraph 52).
Regarding claim 4, Kaiser discloses the limitations of claim 1, and further discloses wherein the looped section comprises more than one complete loop of the elongated member (two loops 304 and 304’ as seen in Fig. 14, paragraph 52), wherein the elongated member, including the looped section and the two tail sections, is a single suture (loops 304 and 304’ and tail sections 258 and 262 are a single suture 254 as seen in Fig. 14, paragraph 52).
Regarding claim 5, Kaiser discloses the limitations of claim 1, and further discloses wherein the surgical anchor is configured such that tensioning the first and second tail sections causes the looped section to narrow (paragraph 54, Fig. 14, applying tension to ends 258 and 262 causes the loops 304 and 304’ to reduce in size) and causes the connection between the looped section and the tail sections to move distally (paragraph 65, Fig. 14, during tensioning of ends 258 and 262 while the upper anchor body 150 is stationary causes passage portion 268 to move distally toward the anchor upper anchor body 150, the passage portion 268 slides relative to anchor body 150), causing the anchor body to deform to the anchoring configuration (paragraph 47, 65, Fig. 22, tensioning of ends 258 and 262 causes anchor 150 to deform into the anchoring configuration).
Regarding claim 6, Kaiser discloses the limitations of claim 1, and further discloses wherein the first and second tail sections of the elongated member pierce the elongated member at the second proximal portion of the looped section to connect the first and second tail sections to the looped section (tail sections 258 and 262 pierce through passage 268 of the second proximal portion of loop 304’ to connect to the looped portion as seen in Fig. 14, paragraph 54).
Regarding claim 7, Kaiser discloses the limitations of claim 6, and further discloses wherein tensioning the first and second tail sections draw the tail sections further through the elongated member where the tail sections pierce the elongated member (pulling on tail sections 258 and 262 is configured to draw them further through passage portion 268 as seen in Fig. 14).
Regarding claim 8, Kaiser discloses the limitations of claim 7, and further discloses wherein tensioning the first and second tail sections tightens the looped section (pulling on tail sections 258 and 262 causes loops 304 and 304’ to tighten as seen in Fig. 14, paragraph 54).
Regarding claim 9, Kaiser discloses the limitations of claim 1, and further discloses wherein the anchor body comprises a central body portion (central portion of 150 as seen in Fig. 5, 14) and two wings (anchor leg portions 190 as seen in Fig. 5, paragraph 43).
Regarding claim 10, Kaiser discloses the limitations of claim 9, and further discloses wherein tensioning the first and second tail sections causes the central body portion to expand in size and causes the two wings to press outwardly (tensioning of tail sections 258 and 262 causes central body portion of 150 to expand into the anchoring configuration and the two wings 190 expand into the anchoring configuration as seen in Fig. 22, paragraph 47, 65).
Regarding claim 11, Kaiser discloses the limitations of claim 9, and further discloses wherein the anchor body comprises a sleeve (anchor body 150 having a sleeve configuration, paragraph 41).
Regarding claim 12, Kaiser discloses the limitations of claim 11, and further discloses wherein the looped section of the elongate member extends through a cavity of the sleeve (upper looped portions 308 and 308’ of loops 304 and 304’ extend through a cavity of the sleeve as seen in Fig. 14; see detailed view of a similar suture 170 extending through a cavity 162 of sleeve of anchor 150 in Fig. 5, paragraph 43).
Regarding claim 13, Kaiser discloses the limitations of claim 12, and further discloses wherein the looped section extends out of the sleeve adjacent to the two wings (upper looped portions 308 and 308’ of loops 304 and 304’ extend out of the sleeve adjacent the two wings 190 as seen in Fig. 14; see a detailed view showing bottom loop of suture 170 extending out of the sleeve of 150 adjacent the two wings 190 at openings 174 and 178 as seen in Fig. 5, paragraph 43).
Regarding claim 14, Kaiser discloses the limitations of claim 12, and further discloses wherein the looped section of the elongate member pierces the sleeve adjacent to the two wings (upper looped portions 308 and 308’ of loops 304 and 304’ pierces out of the sleeve of 150 adjacent the two wings 190 as seen in Fig. 14; see a detailed view showing bottom loop of suture 170 pierces out of the sleeve of 150 adjacent the two wings 190 at openings 174 and 178 as seen in Fig. 5, paragraph 43).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KHOA TAN LE whose telephone number is (703)756-1252. The examiner can normally be reached Monday - Friday 8am - 4:30pm.
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/KHOA TAN LE/Examiner, Art Unit 3771 /MOHAMED G GABR/Primary Examiner, Art Unit 3771
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