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 continuation of U.S. Patent Application No. 17/807,111 filed June 15, 2022 (now abandoned), which is a continuation of U.S. Patent Application No. 16/733,740 filed January 3, 2020 (now U.S. Patent No. 11,399,822).
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) 1-8, 10-12 and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Saliman et al. (US 2009/0012538, which is cited in the IDS filed July 9, 2024, hereinafter “Saliman”).
Referring to claim 1, Saliman discloses a suture manipulating device (Figs. 30A-31; para. [0172]-[0173]) comprising:
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a first jaw 3010 (Fig 31, which is reproduced and annotated above; para. [0173]) having a first jaw track (Fig. 31 shows cavity or channel for housing shuttle 3001; para. [0173]);
a shuttle 3001 (Figs. 30A-30B; para. [0172]);
a first stop 3005 (Fig. 31; para. [0173] recites “stopper region 3005”); and
a first pusher (rod 3012 and component 3013 at the distal end of rod 3012 as shown in Fig. 31; para. [0173] discloses “The suture passer with an attached suture may be secured by a shuttle lock 3013 that includes a pin 3013' or other attachment mechanism. In this example, the attachment mechanism is a retractable pin…The shuttle lock is connected to a wire or pusher 3012 and may be driven in and out of the distal region of the jaw (e.g., the shuttle dock), thereby extending or retracting the tissue penetrating suture shuttle.”),
wherein the shuttle 3001 is movable in the first jaw track via the first pusher,
wherein the shuttle 3001 is releasably engageable with the first stop (para. [0173]: “As the shuttle lock 3013 is moved into the stopper region 3005, the ramp compresses the spring-loaded stopper 3013', so that it does not extend from the shuttle lock 3013. If the lock is engaged to a suture shuttle 3001 it this will disengaging the lock from the shuttle, allowing it to be transferred to the shuttle dock in the opposite side.”), and
wherein the first pusher is movable into contact with the first stop (para. [0173]).
Referring to claim 2, Saliman discloses the suture manipulating device of claim 1, wherein the first pusher 3012, 3013 (Fig. 31) is movable out of contact with the first stop (para. [0173]: “As the shuttle lock 3013 is moved into the stopper region 3005, the ramp compresses the spring-loaded stopper 3013', so that it does not extend from the shuttle lock 3013. If the lock is engaged to a suture shuttle 3001 it this will disengaging the lock from the shuttle, allowing it to be transferred to the shuttle dock in the opposite side.”)
Referring to claim 3, Saliman discloses the suture manipulating device of claim 1, wherein the first pusher 3012, 3013 (Fig. 31) is movable into contact with an end of the first stop 3005 (Fig. 31; para. [0173]: “As the shuttle lock 3013 is moved into the stopper region 3005, the ramp compresses the spring-loaded stopper 3013', so that it does not extend from the shuttle lock 3013. If the lock is engaged to a suture shuttle 3001 it this will disengaging the lock from the shuttle, allowing it to be transferred to the shuttle dock in the opposite side.”)
Referring to claim 4, Saliman discloses the suture manipulating device of claim 3, wherein the first pusher 3012, 3013 (Fig. 31) is movable out of contact with the end of the first stop 3005 (Fig. 31 shows pusher 3012, 3013 is spaced apart from stop 3005; para. [0173]: “As the shuttle lock 3013 is moved into the stopper region 3005, the ramp compresses the spring-loaded stopper 3013', so that it does not extend from the shuttle lock 3013. If the lock is engaged to a suture shuttle 3001 it this will disengaging the lock from the shuttle, allowing it to be transferred to the shuttle dock in the opposite side.”)
Referring to claim 5, Saliman discloses the suture manipulating device of claim 1, wherein the first pusher 3012, 3013 is movable into contact with the first stop 3005 when the shuttle 3001 is releasably engaged with the first stop 3005 (para. [0173]: “As the shuttle lock 3013 is moved into the stopper region 3005, the ramp compresses the spring-loaded stopper 3013', so that it does not extend from the shuttle lock 3013. If the lock is engaged to a suture shuttle 3001 it this will disengaging the lock from the shuttle, allowing it to be transferred to the shuttle dock in the opposite side.”)
Referring to claim 6, Saliman discloses the suture manipulating device of claim 5, wherein the first pusher 3012, 3013 is movable out of contact with the first stop 3005 when the shuttle is releasably engaged with the first stop 3005 (Fig. 31 shows 3012, 3013 is spaced apart from stop 3005).
Referring to claim 7, Saliman discloses the suture manipulating device of claim 1, wherein an end 3013 of the first pusher 3012, 3013 is movable into contact with the first stop 3005 (para. [0173]: “As the shuttle lock 3013 is moved into the stopper region 3005, the ramp compresses the spring-loaded stopper 3013', so that it does not extend from the shuttle lock 3013. If the lock is engaged to a suture shuttle 3001 it this will disengaging the lock from the shuttle, allowing it to be transferred to the shuttle dock in the opposite side.”)
Referring to claim 8, Saliman discloses the suture manipulating device of claim 1, wherein the first pusher 3012, 3013 is movable into and out of contact with the shuttle 3001 (in paragraph [0173] Saliman discloses the shuttle 3001 is transferred to the opposite jaw of jaw 3010, thus, the pusher 3012, 3013 in the jaw 3010 is movable into and out of contact with the shuttle 3001).
Referring to claim 10, Saliman the suture manipulating device of claim 1, further comprising:
a second jaw having a second jaw track; a second stop; and a second pusher, wherein the shuttle is movable in the second jaw track via the second pusher, wherein the shuttle is releasably engageable with the second stop, and wherein the second pusher is movable into contact with the second stop (para. [0173]: “In some variations this wire or pusher 3012 is linked to the wire or pusher in the opposite jaw (e.g., FIG. 29A) so that the movement of the wire or pusher in each jaw is complimentary (pulling one wire occurs simultaneously with pushing the wire in the opposite jaw).” Based on the disclosure in paragraphs [0171]-[0174] and Figs. 29A-29E and 32, examiner contends that Saliman discloses the embodiment as shown in Figs. 30A-31 includes a second jaw, which has structure that is similar to the structure of first jaw 3010 as shown in Figs. 30A-31).
Referring to claim 11, Saliman discloses a suture manipulating device comprising:
a first jaw 3010 (Fig. 31, which is reproduced and annotated above) having a first jaw track (track as shown in Fig. 31 for housing shuttle );
a shuttle 3001 (Figs. 30A-30B);
a first stop 3013’ (pin 3013’ as shown in Fig. 31 has been interpreted as a first stop because pin 3013’ stop movement of shuttle 3001 with respect to the distal end of pusher 3012, 3013; para. [00173]: “pin 3013' or other attachment mechanism.”); and
a first pusher 3012, 3013 wherein the shuttle 3001 is movable in the first jaw track via the first pusher, wherein the shuttle 3001 is releasably engageable with the first stop 3013’, and wherein the first stop is laterally closer to a longitudinal center of the first jaw track when the first stop is in a first position (the first position is defined as pusher is moved distally so that the pin 3013’ is engaged with stopper region 3005 to release the shuttle 3001 from pin 3013’ and pusher 3012, 3013. When pin 3013’ is moved in the vertical direction to disengage with the shuttle, the pin is moved toward the center line of track) than when the first stop is in a second position (the position as shown in FIG. 31, which is bottom end of pin 3013’ is down and is far away from the longitudinal center)(para. [0173]: “The suture passer with an attached suture may be secured by a shuttle lock 3013 that includes a pin 3013' or other attachment mechanism. In this example, the attachment mechanism is a retractable pin. The pin maybe spring loaded, so that it extends from the lock body into the opening through the suture shuttle previously mentioned (3003, 3003' in FIG. 30A, above).”).
Referring to claim 12, Saliman discloses the suture manipulating device of claim 11, wherein when the first stop 3013’ (pin 3013’) is in the first position, the first stop is moveable laterally away from the longitudinal center of the first jaw track (Since the jaw 3010 is curved, therefore, at this location pin 3013’ is moved upward an acute angle with respect to vertical direction and horizontal/lateral direction of the jaw (see FIG. 31 above)).
Referring to claim 17, Saliman discloses the suture manipulating device of claim 11, further comprising:
a second jaw having a second jaw track; a second stop; and a second pusher, wherein the shuttle is movable in the second jaw track via the second pusher, wherein the shuttle is releasably engageable with the second stop, and wherein the second stop is laterally closer to a longitudinal center of the second jaw track when the second stop is in a first position than when the second stop is in a second position (based on the disclosure in paragraphs [0171]-[0174] examiner contends that Saliman discloses the embodiment as shown in Figs. 30A-31 include a second jaw similar to the embodiment as shown in Figs. 29A-29E and 32 and the second jaw is also similar to the structure of first jaw 3010 as shown in Figs. 30A-31).
Allowable Subject Matter
Claims 9 and 13-16 are 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.
Claims 18-20 are allowable.
As to claim 18, Saliman discloses a suture manipulating device (Figs. 30A-31) comprising:
a first jaw 3010 (Fig. 31) having a first jaw track (para. [0173]);
a shuttle 3001;
a first stop 3013’ (Fig. 31; para. [00173]: “pin 3013' or other attachment mechanism.”);
a second stop (window 3003, 3003’); and
a first pusher 3012,
wherein the first stop 3013’ is releasably engageable with the second stop 3003, 3003’, wherein the first pusher 3012 is movable relative to (Saliman fails to discloses “the first stop”) (pin 3013’ is attached to element 3013 and element 3013 is fixedly attached to pusher 3012 (para [0173])) the second stop,
wherein more of the first stop 3013’ is in the second stop 3003, 3003’ when the first stop is in a first position (the position as shown in Fig. 31) than when the first stop is in a second position (the position in which the pin is outside of the window to release the shuttle from the jaw 3010 to allow the shuttle to move to the opposite jaw),
wherein when the first stop 3013’ is releasably engaged with the second stop 3003, 3003’, the first stop is closer to a first side of the shuttle 3001 than to a second side of the shuttle (Fig. 31), and
wherein when the first stop 3013’ is releasably engaged with the second stop 3003, 3003’, movement of the shuttle in the first jaw track is restricted (when the pusher 3012 is not pushed forward by the user movement of the shuttle 3001 is restricted (Fig. 31)).
Prior art of record alone or in combination fail to disclose the limitation the first pusher is movable relative to the first stop and the second stop and when the first stop is releasably engaged with the second stop, movement of the shuttle in the first jaw track is restricted.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TUAN V NGUYEN whose telephone number is (571)272-5962. The examiner can normally be reached Monday - Friday 8:30 AM - 5:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jackie Ho can be reached at 571-272-4696. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TUAN V NGUYEN/Primary Examiner, Art Unit 3771