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 § 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, 3, 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 top surface and a bottom surface, and 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, each bore extending from the top surface to the bottom surface; a suture extending through the first bore from the top surface to the bottom surface, along only the bottom surface of the elongated body between the first bore and the second bore (the examiner interpretation of this limitation is that the suture extending at the bottom surface of the elongated body between the first bore and second bore only and not extending through any other bores in between the first and second bores), and then through the second bore from the bottom surface to the top surface; 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 3: The bottom surface of the elongated body includes a channel, such that when the suture is in tension, the suture at least partly resides in the channel. (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) each having a distal end projecting proximally from the proximal end of the elongated body, each fin having a proximal free end 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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Response to Arguments
Applicant's arguments filed 05/22/2026 have been fully considered but they are not persuasive. The applicant argued the Justin fails to teach the suture extending along only the bottom surface of the elongated body between the first and the second bores. This is not persuasive. The examiner interpretation of this limitation is that the suture extending at the bottom surface of the elongated body between the first bore and second bore only and not extending through any other bores in between the first and second bores. Regarding the argument for claims 8-12 regarding prior art Haut that the fins extend laterally from the middle region of the elongated body and therefore it cannot be considered to project proximally from the proximal end of the body. This is also not persuasive. The examiner’s position is that the end of the body does not mean the terminal or most end of the body and any position on the body can belong to an end of the body.
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 4-6, 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 4, none of the prior art discloses, the distal end of the elongated body includes a lower surface that is angled toward the top surface of the elongated body. Regarding claim 5, none of the prior art discloses, the pair of fins each include an upper surface that is angled away from the top surface of the elongated body. 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
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 PHONG SON DANG whose telephone number is (571)270-5809. The examiner can normally be reached Mon-Fri 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Elizabeth Houston can be reached at 571-272-7134. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PHONG SON H DANG/Primary Examiner, Art Unit 3771
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