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 .
Election/Restrictions
Applicant’s election of Group A Species i (Fig. 1a, 2a, 3a, 4a, 5a, 6a, 7a-b, 8a, 9a), Group B Species i (Fig. 14-15), Group c Species iv (Fig. 17b), and Group d Species iv (Fig. 18d) in the reply filed on 6/8/26 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 7, 13, and 14 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 6/8/26.
Claim Objections
The claims are objected to because they include reference characters which are not enclosed within parentheses.
Reference characters corresponding to elements recited in the detailed description of the drawings and used in conjunction with the recitation of the same element or group of elements in the claims should be enclosed within parentheses so as to avoid confusion with other numbers or characters which may appear in the claims. See MPEP § 608.01(m).
Claim 1 is objected to because of the following informalities:
On line 3, “in the intersecting direction” should be –in an intersecting direction—
On line 4, “the length direction” has been replaced with –a length direction--
Appropriate correction is required.
Claim 3 is objected to because of the following informalities:
On line 2, “distal end of” should be –distal end portion of—
On line 2, “and an opening” should be –and the opening—
On the line 2, “a predetermined length” should be –the predetermined length--
Appropriate correction is required.
Claim 4 is objected to because of the following informalities:
On line 2, “the distal end portion” should be –a distal end portion—
Appropriate correction is required.
Claim 5 is objected to because of the following informalities:
On line 2, “at least the suture thread” should be –at least a suture thread—
Appropriate correction is required.
Claim 6 is objected to because of the following informalities:
On line 3, “in the intersecting direction” should be –in an intersecting direction—
On line 3, “the axial direction” has been replaced with –an axial direction--
Appropriate correction is required.
Claim 8 is objected to because of the following informalities:
On line 1, “the base” should be –a base—
On lines 2-3, “the insertion body” has been replaced with –an insertion body --
Appropriate correction is required.
Claim 9 is objected to because of the following informalities:
On line 2, “at least the suture thread” should be –at least a suture thread—
Appropriate correction is required.
Claim 10 is objected to because of the following informalities:
On lines 2-3, “the distal end portion” should be –a distal end portion—
On line 4, “the insertion space” should be –an insertion space--
Appropriate correction is required.
Claim 11 is objected to because of the following informalities:
On line 3, “the suture thread” should be –a suture thread—
On lines 4-5, “to which the needle” should be –to which a needle—
On line 5, “the damaged portion” should be –a damaged portion—
On line 6, “the meniscus” should be –a meniscus--
Appropriate correction is required.
Claim 12 is objected to because of the following informalities:
On line 3, “an overlapping” should be –the overlapping—
Appropriate correction is required.
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 1-6 and 8-12 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 1 does not have a transitional phrase therefor it is unclear to the examiner if the claim is open or closed ended as defined in MPEP 2111.03.
For purposes of this action the claim will be interpreted as --A suturing instrument comprising a distal end portion of a collecting member --
Claim 4 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential elements, such omission amounting to a gap between the elements. See MPEP § 2172.01. The omitted elements are: on the last line “member abuts” appears to be missing an element since it is unclear what the member abuts to.
Claim 6 does not have a transitional phrase therefor it is unclear to the examiner if the claim is open or closed ended as defined in MPEP 2111.03.
For purposes of this action the claim will be interpreted as --A suturing instrument comprising a distal end portion of a collecting member --
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) is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Toubia et al. (2005/0021055).
Toubia discloses the following claimed limitations:
Claim 1: A suturing instrument comprising a distal end portion (33) of a collecting member (23) (Fig. 1-5 and [0069]) of a straight line shape or a curved shape (Fig. 1-5) having a predetermined length of a semi-cylindrical shape or a spatula shape (Fig. 1-5) is provided with an opening (see figure below) opened in the intersecting direction with respect to the length direction of the collecting member (see figure below and Fig. 1-5).
Claim 2: wherein the collecting member has a configuration in which a fitting groove (lumen that receives 37 as seen in the figure below) is provided on an inner surface (see figure below) of the collecting member (Fig. 1-5), and an insertion body (37) of an axial rod shape is fitted and inserted into the fitting groove from a base side (28, see figure below) of the collecting member (Fig. 1-5).
Claim 3: wherein a tip wall (see figure below) is provided at the distal end of the collecting member (see figure below), and the opening having the predetermined length in the length direction of the collecting member is provided on the collecting member on the base side relative to the tip wall (Fig. 1-5).
Claim 4: wherein the tip wall of the collecting member is formed to be a contact portion (Fig. 1-5) on which the distal end portion of the insertion body inserted into the fitting groove from the bas side of the collecting member (Fig. 1-5)
Claim 5: wherein the opening of the collecting member is formed to have a size that allows at least the suture thread (50) and/or a needle to be inserted into the opening (Fig. 8a-b).
Claim 6: A suturing instrument comprising a distal end portion (33) of a collecting member (23) (Fig. 1-5 and [0069]) of a straight line shape or a curved shape (Fig. 1-5) having a predetermined length of a hollow tubular shape (Fig. 1-5) is provided with an opening (see figure below) opened in the intersecting direction with respect to the axial direction of the collecting member (see figure below and Fig. 1-5).
Claim 8: wherein a portion (22) close to the base side (28) (Fig. 1a-b) relative to the opening of the collecting member is an insertion portion (27) into which the insertion body (37) (Fig. 1-8b) is inserted (Fig. 1-8b), and an inner diameter of the insertion portion is formed to be larger than an outer diameter of the insertion body (Fig. 1-8b where it is smaller in order to fit through).
Claim 9: wherein the opening of the collecting member is formed to have a size that allows at least the suture thread (50) and/or a needle 16 to be inserted into the opening (Fig. 8a-b).
Claim 10: wherein the insertion body is formed of a material having flexibility and rigidity such as vinyl and silicon such that the distal end portion of the insertion body reaches the distal end of the collecting member when inserted into the insertion space of the collecting member ([0073])
Claim 11: a handle (22), the handle including: one-side handle (distal end as seen in Fig. 1-2) provided with an attachment tube (28) to which the collecting member having the opening at the distal end and allowing the suture thread to be inserted is attached (Fig. 1-8b); and other-side handle (proximal end as seen in Fig. 1-2) provided with an attachment tube (26) to which the needle (37) for inserting and guiding the suture thread in the vicinity of the damaged portion of the meniscus is attached (Fig. 8a-e where it is capable of performing this function), wherein the one-side handle and the other-side handle overlap each other and are fixed together by a fixture (27) such that an overlapped length is adjustable (Fig. 8a-e).
Claim 12: wherein the one-side handle and the other-side handle are configured to fix the collecting member and the needle in a state of intersecting each other at any desired angle by adjusting an overlapping length between the one-side handle and the other-side handle (Fig. 8a-e).
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited prior art appears to teach the claimed limitations when considered alone or in combination.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DIANNE DORNBUSCH whose telephone number is (571)270-3515. The examiner can normally be reached Monday-Wednesday 9 am-3 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Elizabeth Houston can be reached at (571) 272-7134. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DIANNE DORNBUSCH/Primary Examiner, Art Unit 3771
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