DETAILED ACTION
Election/Restrictions
Applicant’s election without traverse of Group 1, claims 1-11 in the reply filed on 12/19/2025 is acknowledged.
Claims 12-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/19/2025.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Drawings
The drawings are objected to under 37 CFR 1.83(a) because they fail to show a numeral number for a connection member as recited in claim 10 as described in the specification. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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) 1-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Euteneuer U.S 2012/0211543.
Claim 1: Euteneuer discloses a fastener delivery system as best seen in figures 9, 10a-b, see paragraph 61 comprising: a fastener push rod 130 having a shaft 132, a first arm 134a, and a second arm 134b, the first and second arms extending distally from a distal end of the shaft (see paragraph 61), wherein the first arm and
the second arm each include an enlarged portion proximate a distal end thereof (fig. 9); and a fastener (for-example, staple 100) comprising: a first arm 102a; a second arm 102b; a bridge 104 extending from a proximal end of first arm to proximal end of the second arm; a first fluke 106a extending distally from a distal end of the first arm, the first fluke extending from a proximal end and a distal end and defining a first passageway 124a extending therethrough; a second fluke 106b extending distally from a distal end of the second arm, the second fluke extending from a proximal end and a distal end and defining a second passageway124b extending therethrough;
wherein the first 124a and second passageways 124b are configured to receive the
first 134a and second arms 134b of the fastener push rod 130 therein; and
when the first 134a and second arms 134b of the fastener push rod are within the first and second passageways, the enlarged portion of each of the first and second arms of the fastener push rod are distal to the proximal end of each of the first and
second flukes (see paragraph 55).
Claim 2: Euteneuer discloses wherein the enlarged portion of the first 134a and second arms 134b of the fastener push rod 130 has at least one dimension greater at least one dimension of the first and second passageways as best seen in figures 7a,9.
Claims 3-4: Euteneuer discloses wherein the proximal end of each of the first 106a and second flukes 106b each include a proximal end surface 108a., wherein the proximal end surface of each of the first and second flukes each extend at an outward angle away (at 108a/108b, fig. 7a) from the distal end of each of the first 102a and second arms 102b of the fastener 100.
Claims 5-7: Euteneuer discloses wherein the first 134a and second arms 134b of the fastener push rod 130 are formed as one or more separate pieces from the shaft (fig. 9)., wherein the fastener is a single-piece staple 100., wherein the first fluke 106a is eccentrically mounted to the first arm of the fastener and the second fluke 106b is eccentrically mounted to the second arm of the fastener (see paragraph 53).
Claims 8-9: Euteneuer discloses further comprising a fixation tool 144 having a shaft extending to a distal end and defining a lumen., wherein the fastener push rod 130 is movably disposed within the lumen of the shaft of the fixation tool (see figures 10 a,b, paragraph 64).
Claims 10-11: Euteneuer discloses wherein the first 134a and second arms 134b of the fastener push rod 130 are secured to a connection member (the connection member locates between the area at segments 134a, 134b with a connection between area 132, fig. 9)., wherein the connection member is coupled to the distal end of the shaft (fig 9.).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VI X NGUYEN whose telephone number is (571)272-4699. The examiner can normally be reached Monday-Friday (6:30-4:30).
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/VI X NGUYEN/Primary Examiner, Art Unit 3771