DETAILED ACTION
The following Office Action is in response to the Amendment filed on May 11, 2026. Claims 1, 9, and 11-27 are currently pending, wherein of the pending claims, claim 19 is withdrawn from further consideration.
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 .
Response to Arguments
Concerning the “Claim Rejections – 35 USC § 102” section on pages 7-8 of the Applicant’s Response filed on May 11, 2026, the applicant’s arguments have been fully considered, but they are not persuasive. The applicant argues that the Stiggelbout reference does not teach the added limitation of the tissue anchor magazine being configured to be secured to tissue within the operative space. However, the examiner asserts that the shaft of the anchor magazine of the Stiggelbout reference (Figure 5; 400) is capable of being secured to the tissue through which it penetrates if a user were to apply a sealant or adhesive of some kind or through a mechanical attachment mechanism, wherein said tissue may be interpreted as being part of the operative space. Therefore, the rejection of the claim under 35 U.S.C. §102(a)(1) stands.
Concerning the “Claim Rejections – 35 USC § 103” section on pages 8-12 of the Applicant’s Response filed on May 11, 2026, the applicant’s arguments have been fully considered, and they are persuasive. The applicant argues that the combination does not teach the limitation of the linear rack being configured to engage with teeth of a first gear and teeth of a second gear longitudinally spaced apart from the first gear during each cycle of the tissue anchor advancement mechanism, and the examiner agrees. Therefore, the rejections of the claims under 35 U.S.C. §103 are withdrawn.
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 1, 9, 11-18, and 21-27 are 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. Lines 15-16 of claim 1 recites the limitation of “each cycle of the tissue anchor advancement mechanism”. There is a lack of antecedent basis for this limitation in the claim making it indefinite as to what the limitation of “each cycle” is specifically referring to. Claims 9, 11-18, and 21-27 are further rejected for being dependent on an indefinite claim.
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.
Claim(s) 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Stiggelbout (US 2015/0351743).
Concerning claim 20, the Stiggelbout prior art reference teaches a system for delivering tissue anchors into an operative space in a body of a patient (Figure 5; 200), comprising: a tissue anchor delivery device comprising a handle (Figure 5; 300) and an elongate shaft extending distally from the handle (Figure 5; 320); and a tissue anchor magazine separate and detached from the tissue anchor delivery device (Figure 5; 400), the tissue anchor magazine having a plurality anchors stored therein ([¶ 0077]), wherein the tissue anchor magazine is configured to be delivered subcutaneously into the operative space separate from the tissue anchor delivery device (Figure 5; cartridge 400 is capable of being inserted percutaneously prior to being coupled to handle) and secured to tissue within the operative space (cartridge 400 is capable of being secured via any number of methods to the tissue through which it is inserted, wherein said tissue may be interpreted as being within the operative space).
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 MARTIN TRUYEN TON whose telephone number is (571)270-5122. The examiner can normally be reached Monday - Friday; EST 10:00 AM - 6:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Darwin Erezo can be reached at 571-272-4695. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARTIN T TON/Examiner, Art Unit 3771 8/18/2026
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