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
Claims 1 and 12 are objected to because of the following informalities:
Claim 1, lines 3-4: “between the first end and second end” is missing an article and should be amended to recite “between the first end and the second end” instead.
Claim 12, lines 1-2: “the first drive pawl and second drive pawl” is missing an article and should be amended to recite “the first drive pawl and the second drive pawl” instead.
Appropriate correction is required.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-5 and 33-34 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shelton et al. (US Patent No. 9,867,608 B1).
With respect to claim 1, Shelton et al. discloses a suturing device (2 in Fig. 1) comprising:
a housing (90 in Figs. 3A-B), the housing (90) defining an arcuate needle track (88 in Figs. 5A-C), the arcuate needle track (88) having a first end and a second end (see Figs. 5A-C), wherein the housing (90) further defines a gap (see gap between 93A-B) between the first end and second end of the arcuate needle track (88), and further wherein the gap (see gap between 93A-B) is configured to receive tissue therein to be sutured (PP [0054]: “The needle (70) rotates in a circular path defined by the needle track (84) and between the arms (93A, B)”); and
a drive (86) to advance an arcuate needle (70) about the arcuate needle track (88) and across the gap (see gap between 93A-B), the drive (86) comprising at least one drive pawl (86B in Fig. 6) operably coupled to an actuator (94), the at least one drive pawl (86B) being configured to engage and disengage from the arcuate needle (see Fig. 6, pawl 86B engages with 74 on needle 70), the drive (86) being configured to advance the at least one drive pawl (86B) along a drive pawl pathway from a starting position to an ending position during a drive stroke (col. 6, lines 65-end and col. 7: “Driver (86B) is attached to carrier (75) and is operative to engage needle (70) at an oblique angle. Leftward movement of needle driver (86) will cause driver (86B) to engage proximal notch (74) of needle (70) during the drive stroke. When so engaged, needle (70) will slide in needle track (84) in unison with needle driver (86). Due to the oblique angle, rightward movement of needle driver (86) will disengage driver (86B) from proximal notch (74) of needle (70) and slide over the stationary needle (70) during the return stroke”), wherein the drive pawl pathway is linear when the at least one drive pawl (86B) is not engaged with the arcuate needle (70, the drive pawl travels in a direction which includes a linear component therefore the drive pawl pathway can be considered to be linear).
Regarding claim 2, Shelton et al. further discloses wherein the drive pawl pathway (the path of the drive pawl 86B as shown in Fig. 6) is linear when the at least one drive pawl (86B) is engaged with and advancing the arcuate needle (70, the drive pawl travels in a direction which includes a linear component therefore the drive pawl pathway can be considered to be linear).
Regarding claim 3, Shelton et al. further discloses wherein the drive pawl pathway (the path of the drive pawl 86B as shown in Fig. 6) is curved when the at least one drive pawl (86B) is engaged with and advancing the arcuate needle (see Figs. 5A-C and 6, 86B travels in a curved path on 88 when 86B engages needle 70).
Regarding claim 4, Shelton et al. further discloses wherein the drive pawl pathway (the path of the drive pawl 86B as shown in Fig. 6) forms a tangent with respect to a needle pathway (88) traversed by the arcuate needle (see Fig. 6, 86B forms a tangent with a surface of the needle 70 and therefore forms a tangent with respect to the needle pathway).
Regarding claim 5, Shelton et al. further discloses wherein the drive pawl pathway (the path of the drive pawl 86B as shown in Fig. 6) is laterally offset with respect to a central longitudinal axis of the suturing device (see Figs. 5A-C, the pathway of 86B on 86 is laterally offset from a central longitudinal axis of the device as a whole because it curves).
With respect to claim 33, Shelton et al. discloses a suturing device (2 in Fig. 1) comprising:
a housing (90 in Figs. 3A-B), the housing (90) defining a gap between a first housing portion and a second housing portion (see gap between 93A-B), wherein the gap (see gap between 93A-B) is configured to receive tissue therein to be sutured (PP [0054]: “The needle (70) rotates in a circular path defined by the needle track (84) and between the arms (93A, B)”); and
a drive (86) to advance an arcuate needle (70) across the gap (see gap between 93A-B) during a drive stroke (see PP [0054] cited above), the arcuate needle (70) having a length of suturing material (see 10 in Fig. 4) extending proximally therefrom;
an elongate tool (see Fig. 1) having a detachable coupling (50) at a distal end of the elongate tool, the detachable coupling (50) defining therein at least one needle engagement surface (inner surfaces of jaws 56 and 51) to engage with a tip portion of the arcuate needle (70), the detachable coupling (50) further defining a cinch (jaws 56 and 51) to engage a proximal portion of the length of suturing material (73, jaws 56 and 51 engage 73 when they are closed around cartridge 90, the claim language does not require direct physical abutment/contact), wherein engagement of the arcuate needle (70) with the detachable coupling (50) forms a loop of suturing material that can be shortened in length by advancing the length of suturing material along a proximal direction through the cinch (see MPEP 2112.01, this is functional language, 73 can be shortened by advancing the sutures proximally).
Regarding claim 34, Shelton et al. further discloses wherein the housing (90 in Figs. 3A-B) comprises an arcuate needle track (88 in Figs. 5A-C), the arcuate needle track (88) having a first end and a second end (see ends near 93A-B), wherein the gap is defined between the first end and second end of the arcuate needle track (see gap between 93A-B, it is also defined between the ends of 88).
Allowable Subject Matter
Claims 6-15 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 38-40 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: The subject matter of claims 6 and 38 filed on 8/30/2024 could either not be found or was not suggested in the prior art of record.
Claims 7-15 and 39-40 depend from each of these claims and therefore inherit the allowable subject matter described below.
With respect to claims 6 and 38, the prior art does not disclose or render obvious at the effective filing date of the invention: the feature of a second drive pawl, in combination with the other limitations of the independent claim.
The closest prior art is Shelton et al., which discloses each of the limitations as described above.
However, Shelton et al. fails to disclose a second drive pawl, since Shelton et al. only utilizes a single drive pawl (86B in Fig. 6). Furthermore, the prior art of record does not suggest any motivation to modify the Shelton et al. disclosure to arrive at these features since duplicating the drive pawl of Shelton et al. would interfere with the mode of operation of the suturing device in a way that would not be obvious to one of ordinary skill in the art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Bridget E. Rabaglia whose telephone number is (571)272-2908. The examiner can normally be reached Monday - Thursday, 7am - 5pm.
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/BRIDGET E. RABAGLIA/Examiner, Art Unit 3771
/TAN-UYEN T HO/Supervisory Patent Examiner, Art Unit 3771