DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Election/Restrictions
Applicant’s election without traverse of Group II in the reply filed on 02/27/2026 is acknowledged.
Claims 2-12 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 02/27/2026.
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 pre-AIA 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 –
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claim(s) 13-22 are rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by US 6,551,330 (Bain).
13. Bain discloses a method for passing suture through tissue using a suture passer (suturing device 25)(FIG. 3A-3G; col. 7, lns. 46-48), comprising:
advancing a needle (needle 49) of the suture passer through a first part of the tissue to a first jaw (distal jaw 27b) of the suture passer to engage a first portion of a suture (first end of suture 43 ending in first can 53) being held in a first slot (first slot for first can 53 on first end of suture 43) of the first jaw (FIG. 3D-3E; col. 13, lns. 28-65);
retracting the needle to pass the first portion of the suture through the first part of the tissue (FIG. 3F; col. 13-14, lns. 66-9);
releasing the first portion of the suture from the needle (FIG. 11; col. 12, lns. 15-44);
advancing the needle through a second part of the tissue to the first jaw to engage a second portion of the suture (second end of suture 43 ending in second can 53) being held in a second slot (second slot for second can 53 on second end of suture 43) of the first jaw (e.g., see Bain disclosing the needles can be deployed sequentially with suture a col. 7, lns. 46-48);
retracting the needle to pass the second portion of the suture through the second part of the tissue (FIG. 3F; col. 13-14, lns. 66-9); and
releasing the second portion of the suture from the needle FIG. 11; col. 12, ln. 15-44 and col. 7, lns. 46-48).
14. The method comprising gripping the tissue between the first jaw and a second jaw (proximal jaw 27a) of the suture passer (FIG. 3A-3C; col. 13, lns. 9-27).
15. Gripping the tissue comprises distally translating the second jaw toward the first jaw (FIG. 3A-3C; col. 13, lns. 9-27).
16. Advancing the needle to the first jaw comprises selectively engaging the first portion of the suture being held in the first slot with a hook of the needle (FIG. 3E; col. 13, lns. 37-65).
17. Advancing the needle to the first jaw comprises selectively engaging a moveable member (tabs 69) of the first jaw to release the first portion of the suture being held in the first slot (FIG. 4A-4B; col.. 13, lns. 37-65).
18. The first portion of the suture extends within the first slot transversely to a longitudinal axis of the suture passer (e.g., at least partially transversely in FIG. 3A due to curved end of suture 43).
19. The method comprising inserting the first portion of the suture into the first slot in a direction aligned with a longitudinal axis of the suture passer (FIG. 3A).
20. The method comprising inserting the second portion of the suture into the second slot in a direction transverse to the longitudinal axis of the suture passer (e.g., at least partially transversely in FIG. 3A due to curved end of suture 43).
21. The method comprising pulling a first end of the suture completely through the first part of the tissue using the suture passer (FIG. 3F-3G).
22. The method comprising pulling a first end of the suture completely through the first part of the tissue using a different tool than the suture passer (col. 7, lns. 29-40).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US 9,198,655 (Skinlo) appears to be eligible for double patenting rejection(s).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TODD J SCHERBEL whose telephone number is (571)270-7085. The examiner can normally be reached Mon - Fri 9:00-6:00.
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, Jackie 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
TJ SCHERBEL
Primary Examiner
Art Unit 3771
/TODD J SCHERBEL/Primary Examiner, Art Unit 3771