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 .
Priority
This application is a CON of 17/681,478 02/25/2022 PAT 12059146, which is a CON of 17/551,709 12/15/2021 PAT 11375991, which has PRO 63/281,411 11/19/2021 and has PRO 63/172,565 04/08/2021 is acknowledged.
Claim Objections
Claim 14 objected to because of the following informalities: “the right find” in line 10 should be “the right fin”. Appropriate correction is required.
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) 1-5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2018/0228597 to McCarty, III (McCarty).
McCarty teaches:
Claim 1: A toggle-type suture anchor comprising:
an elongated body having a proximal end and a distal end defining a longitudinal direction therebetween with at least a first bore and a second bore extending laterally through the elongated body at a spaced interval;
a suture extending into the first bore, along the elongated body, and then through the second bore; and,
a pair of fins projecting from a proximal portion of the elongated body, each fin having a distal end on the elongated body;
wherein each of the first bore and the second bore are distal of the distal end of each fin. (Fig. 24 reproduced with annotation below)
Claim 2: The elongated body defines a top surface and a bottom surface, and the first bore and the second bore each extend from the top surface to the bottom surface, with suture extending along the bottom surface of the elongated body. (Fig. 24 reproduced with annotation below)
Claim 3: The bottom surface of the elongate body includes a channel (Fig. 24 reproduced with annotation below), such that when the suture is in tension, the suture at least partly resides in the channel (when pull the suture between the threads, the suture would resides in the channel between the threads).
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Claim 4: The distal end of the elongated body includes a lower surface that is angled toward the top surface of the elongated body. (Fig. 4 reproduced with annotation below)
Claim 5: The pair of fins each include a lower surface that is angled away from the top surface of the elongated body. (Fig. 4 reproduced with annotation below)
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Claim(s) 1 and 7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2012/0065731 to Justin et al. (Justin).
Justin teaches:
Claim 1: Claim 1: A toggle-type suture anchor comprising:
an elongated body having a proximal end and a distal end defining a longitudinal direction therebetween with at least a first bore and a second bore extending laterally through the elongated body at a spaced interval;
a suture extending into the first bore, along the elongated body, and then through the second bore; and,
a pair of fins projecting from a proximal portion of the elongated body, each fin having a distal end on the elongated body;
wherein each of the first bore and the second bore are distal of the distal end of each fin. (Fig. 1 reproduced with annotation below)
Claim 7: The elongated body further includes a third bore between the first bore and the second bore, the third bore having a different cross-sectional dimension than a cross-sectional dimension of the first bore. (Fig. 1 reproduced with annotation below)
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Claim(s) 8-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2004/0243178 to Haut et al. (Haut).
Haut teaches:
Claim 8: A toggle-type suture anchor comprising:
an elongated body (105, Fig. 1) having a proximal end (122, Fig. 1) and a distal end (120, Fig. 1) defining a longitudinal direction therebetween with at least a first bore and a second bore (110, Fig. 1) extending laterally through the elongated body at a spaced interval, the elongated body defining a longitudinal axis from the proximal end to the distal end; and,
a pair of fins (715a-b, Figs. 7a-7b) projecting from a proximal portion of the elongated body and angled away from the longitudinal axis.
Claim 9: The elongated body (105, Fig. 1 or Fig. 7a) defines a top surface and a bottom surface, and the pair of fins each extend downward relative to the top surface and the longitudinal axis (Fig. 7b reproduced with annotation below).
Claim 10: The elongated body has a maximum outer dimension, and the pair of fins each extend downward beyond the maximum outer dimension (Fig. 7a reproduced with annotation below).
Claim 11: The pair of fins includes a right fin and a left fin, the right fin extending to the right relative to the longitudinal axis, the left fin extending to the left relative to the longitudinal axis (Fig. 7b reproduced with annotation below).
Claim 12: The elongated body has a maximum outer dimension, the left fin extends to the left beyond the maximum outer dimension, and the right fin extends to the right beyond the maximum outer dimension (Fig. 7b reproduced with annotation below).
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Allowable Subject Matter
Claims 14-20 allowed.
The following is an examiner’s statement of reasons for allowance: Regarding base claim 14, none of the prior art disclose, in combination with other limitations of the claim, a toggle-type suture anchor comprising an elongated body, upper surface, lower surface, a right side, a left side, a distal end defining a forward surface angled from the lower surface up to the upper surface and a right fin angled outward beyond the right side of the body and a left fin angled outward beyond the left side of the body.
The closest prior art US 2004/0243178 to Haut et al. discloses push-in suture anchor comprising an anchor body with first and second bores and fins/locking wings 115 extending from the body 105 of the anchor and two sutures extending through each of the bore respectively but fails to disclose, a suture extending into the first bore, along the anchor body and through the second bore and the bores are distal of the fins in claim 1. The prior art also fails to disclose a forward surface angled from the lower surface up to the upper surface in claim 14. US 2018/0228597 to McCarty, III discloses tendon anchoring having an elongated body with “fins” 124 at the distal end and apertures 115 on the body but fails to disclose a distal end defining a forward surface angled from the lower surface up to the upper surface and a right fin angled outward beyond the right side of the body and a left fin angled outward beyond the left side of the body. US 2012/0065731 to Justin et al. discloses systems and methods for intra-operative tension and fixation of zipknot ACL fixation comprises an elongate body with plurality of bores and “fins” (head 22) but also fails to disclose a distal end defining a forward surface angled from the lower surface up to the upper surface and a right fin angled outward beyond the right side of the body and a left fin angled outward beyond the left side of the body.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Claims 6, 13 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Regarding claim 6, none of the prior art discloses, the pair of ins each include a lower surface that is angled down from the bottom surface of the body. Regarding claim 13, the cited prior art fails to disclose a dimple for receiving a pushing tool, the dimple located between the pair of fins.
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