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 Objections
Claim 1 is objected to because of the following informalities: line 13 – “positioning a length of suture” should be amended to - - positioning [[a]] the length of suture OR line 15 – “a first side of the object” should be amended to - - a first side of [[the]] an object - - since the preamble recites “A method for passing a length of suture through an object,” - - lines 13 and 15 should have consistent antecedent bases. Appropriate correction is required.
Claims 2- 9 are objected to because they depend off claim 1.
Claim 5 is objected to because of the following informalities: “wherein the step of positioning a length of suture” should be amended to- - wherein the step of positioning [[a]] the length of suture - - since it is clear that applicant is referring to the same length of suture introduced in claim 1, amending the claim would provide proper antecedent basis. Appropriate correction is required.
Claims 6 is objected to because it depends off claim 5.
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 3- 6 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.
Claim 3 recites the limitation "the third position" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claims 4- 6 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being dependent off claim 3.
Claim 3 recites the limitation "the third configuration" in lines 2- 3. There is insufficient antecedent basis for this limitation in the claim.
Claims 4- 6 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being dependent off claim 3.
It is noted that claim 4, which is dependent off claim 3, recites “a third position” in line 1 and “a third configuration” in line 2. It appears that applicant may have inadvertently switched claim dependencies.
For the purposes of examination, claim 3 is interpreted as reciting - - wherein when the actuator is in [[the]] a third position, the internal arm is retracted proximally further within the distal tube portion in [[the]] a third configuration as compared to the second configuration.
For the purposes of examination, claim 4 is interpreted as reciting - - wherein when the actuator is in [[a]] the third position and the distal tube portion is in [[a]] the third configuration, the hook contacts the distal tube portion, forming a closed aperture through the hook.
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) 1- 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Riza (US Pat. No. 5,817,111).
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Regarding claim 1, Riza discloses a method for passing a length of suture through an object (Col. 7, l. 11- 15, Col. 8, l. 50- 53 - - The suture snare instrument 10 may be manipulated such that the sharp angled end 26 of the introducer needle 25 is passed through a selected portion of body tissue (not shown), together with the end of the suture 48 engaged thereby), comprising the steps of:
providing a suture passer device (10”) (Figs. 19- 23) (Col. 8, l. 50- 52 - - FIG. 19 is a top plan view of a fourth embodiment of a suture snare instrument 10" which is similar to the suture snare instruments 10, 10', and 60; it is noted that since suture snare instrument 10" is similar to suture snare instrument 10, suture snare instrument 10” in the embodiment of Figs. 19- 23 is referenced specifically for its structure and suture snare instrument 10 is referenced generally for method steps applying equally to suture snare instrument 10”) having a hollow tube (25’’) (Figs. 19- 23) having a proximal end (PE) (See Annotated Fig. 19 - - proximal half is left of dashed line) and a curved distal tube portion (DTP) (See Annotated Figs. 20, 23 - - portion extending distally from bend 65” of introducer needle 25” including the sharp point (SP) and including extension tube finger 36”) extending to a distal end (DE) (See Annotated Fig. 10 - - distal half is right of dashed line), a handle (11’’) (Fig. 19) attached to the proximal end of the hollow tube (25’’), an actuator (20’’) (Fig. 19) on the handle (11’’) movable between a first position (the pin 20e" is axially aligned with the branch 75b of the slot 11c”) (Col. 10, l. 13- 15), second position (pin 20e" of the plunger 20" is axially adjacent the branch 75a of the slot 11c") (Col. 9, l. 61- 62) and an internal arm (32) (Figs. 20- 23) within the curved distal tube portion (DTP) and connected to the actuator (20”), the internal arm (32) movable between a first configuration (Fig. 22), a second configuration (Fig. 21), wherein when the actuator (20’’) is in the first position (the pin 20e" is axially aligned with the branch 75b of the slot 11c”), the internal arm (32) extends out from the distal tube portion (DTP) at an angle from the distal tube portion (DTP) in the first configuration (Fig. 22), and wherein when the actuator (20’’) is in the second position (pin 20e" of the plunger 20" is axially adjacent the branch 75a of the slot 11c"), the internal arm (32) is retracted proximally further within the distal tube portion (DTP) in the second configuration (Fig. 21) as compared to the first configuration (Fig. 22);
moving the actuator (20’’) to the first position (the pin 20e" is axially aligned with the branch 75b of the slot 11c”) (Col. 10, l. 13- 18 - - In the second axial position, the plunger 20" is fully depressed into the housing 11", and the pin 20e" is axially aligned with the branch 75b of the slot 11c". If desired, the plunger 20"e can be rotated about the longitudinal axis thereof so that pin 20e" is captured in the branch 75b of the slot 11c");
positioning a length of suture (48) (Figs. 20- 23) between the internal arm (32) and the distal tube portion (DTP) (Col. 10, l. 22- 31 - - The wire finger 40 and the second extension tube finger 36" cooperate to form an open loop. The open loop thus formed may be used to capture, manipulate, and release objects such as the suture 48 without having to thread the suture 48 therethrough …The hook shaped end portion 36a" of the extension tube finger 36" aids is especially useful in snaring and retaining the suture 48 while the plunger 20" is moved from the second position to the intermediate or first positions; See Fig. 22 showing suture (48) positioned between arm (32) and distal tube portion (DTP));
moving the actuator (20”) to the second position (pin 20e" of the plunger 20" is axially adjacent the branch 75a of the slot 11c") (Col. 9, l. 63- 65 - - The plunger 20" can be rotated about the longitudinal axis thereof to permit the pin 20e" to be captured in the branch 75a);
advancing the distal tube portion (DTP) through a first side of the object to a second side of the object (Col. 7, l. 11- 15 - - The suture snare instrument 10 may be manipulated such that the sharp angled end 26 of the introducer needle 25 is passed through a selected portion of body tissue (not shown), together with the end of the suture 48 engaged thereby);
releasing the suture (48) from between the internal arm (32) and the distal tube portion (DTP) on the second side of the object (Col. 7, l. 15- 22 - - Next, the plunger 20 is moved to the second axial position, which again extends the wire finger 40 and the extension tube finger 36 outwardly from the end of the introducer needle 25. Again, the wire finger 40 extends outwardly from the extension tube finger 36 to the open position, releasing the frictional engagement of the end of the suture 48. The suture snare instrument 10 can be then manipulated to drop the end of the suture 48);
moving the actuator (20”) to the first position (the pin 20e" is axially aligned with the branch 75b of the slot 11c”) (Col. 7, l. 22- 24 - -Then, plunger 20 can be released to retract the wire finger 40 and extension finger 36 back within the introducer needle 25) ; and
retracting the distal tube portion (DTP) from the second side of the object to the first side of the object (Col. 7, l. 24- 26 - - the introducer needle 25 can be withdrawn from the body tissue, leaving the end of the suture 48 inside the body tissue).
Regarding claim 2, Riza further discloses wherein the internal arm (32) comprises a distal end (40) (Figs. 20- 23) with a hook at the distal end (46) (Figs. 20- 22) (See Fig. 22).
Regarding claim 3 in view of the rejection under 35 U.S.C. 112(b) above, Riza further discloses wherein when the actuator (20”) is in [[the]] a third position (the pin 20e" is retracted and proximal to branch 75a and branch 75b of the slot 11c”) (See Fig. 19) (Col. 9, l. 53- 54 - - In the first axial position, the plunger 20 is in the position shown in FIG. 19), the internal arm (32) is retracted proximally further within the distal tube portion (DTP) in [[the]] a third configuration (Fig. 20) (Col. 9, l. 54- 56 - -the wire finger 40 and the second extension tube finger 36" are in a retracted position within the introducer needle 25", as shown in FIG. 20) as compared to the second configuration (Fig. 21).
Regarding claim 4 in view of the rejection under 35 U.S.C. 112(b) above, Riza further discloses wherein when the actuator (20”) is in [[a]] the third position (the pin 20e" is retracted and proximal to branch 75a and branch 75b of the slot 11c”) and the distal tube portion (DTP) is in [[a]] the third configuration (Fig. 20), the hook (46) contacts the distal tube portion (DTP), forming a closed aperture through the hook (46) (See Fig. 20) (Col. 9, l. 56- 61 - - In the retracted position, the wire finger 40 and the second extension tube finger 36" cooperate to frictionally capture the suture 48 between the inner wall of the introducer needle 25" and the end portion 36a" of the second extension tube finger 36").
Regarding claim 5, Riza further discloses further comprising a length of suture (48) (Figs. 20- 23) extending through the closed aperture (See Fig. 20) (Col. 9, l. 56- 61 - - In the retracted position, the wire finger 40 and the second extension tube finger 36" cooperate to frictionally capture the suture 48 between the inner wall of the introducer needle 25" and the end portion 36a" of the second extension tube finger 36").
Regarding claim 6, Riza further discloses wherein the length of suture (48) is non- movable through the closed aperture (See Fig. 20) (Col. 9, l. 56- 61 - - In the retracted position, the wire finger 40 and the second extension tube finger 36" cooperate to frictionally capture the suture 48 between the inner wall of the introducer needle 25" and the end portion 36a" of the second extension tube finger 36").
Regarding claim 7, Riza further discloses wherein the actuator (20’’) is slidable proximally and distally between the first position (the pin 20e" is axially aligned with the branch 75b of the slot 11c”) and the second position (pin 20e" of the plunger 20" is axially adjacent the branch 75a of the slot 11c") relative to a distal end of the handle (11’) (Col. 9, l. 50- 53 - - The plunger 20" of the suture snare instrument 10" can be moved and retained in generally three axial positions: a first axial position, an intermediate axial position, and a second axial position; it is noted that the pin 20e” is disposed on the plunger 20” as shown in Fig. 19 and moves along with plunger 20”).
Regarding claim 8, Riza further discloses wherein the curved distal tube portion (DTP) comprises a tapered distal tip with a piercing point (SP) (See Annotated Fig. 20) (Col. 5, l. 30- 32, Col. 8, l. 50- 52 - - The distal end of the introducer needle 25 is preferably provided with a sharp point 26; FIG. 19 is a top plan view of a fourth embodiment of a suture snare instrument 10" which is similar to the suture snare instruments 10, 10', and 60).
Regarding claim 9, Riza further discloses further comprising a recess portion (RP) (See Annotated Fig. 23) in the curved distal tube portion (DTP) extending proximally from the tapered distal tip (SP) (See Figs. 19 and 20 - - showing recessed portion or longitudinal opening at the distal end of hollow needle (25’’)).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KANKINDI RWEGO whose telephone number is (303)297-4759. The examiner can normally be reached Monday- Friday: 10:00- 5:00 MT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, (Jackie) Tan-Uyen 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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/KANKINDI RWEGO/ Primary Examiner, Art Unit 3771