DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Specification
The disclosure is objected to because of the following informalities: in paragraph [0001], the corresponding patent number for the parent application must be added.
Appropriate correction is required.
Claim Objections
Claim 6 is objected to because of the following informalities:
On line 3, “a first side of the opening” should be -- a first side of the second opening—
On line 4, “a first side of the opening” should be -- a first side of the first opening--
On line 4, “a second side of the opening” should be -- a second side of the first opening--
On line 5, “the first side of the opening” should be – the first side of the second opening-
On line 4, “of the opening” should be -- of the second opening--
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 –
Claim(s) 1-6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Callison et al. (2015/0164497).
Callison discloses the following claimed limitations:
Claim 1: A first object (40) including a first opening (43) (Fig. 1 and [0041]); a second object (70) including a second opening (73) (Fig. 1 and [0042]); and a strand of material (90) (Fig. 8-11), wherein a leading end (92) of the strand of material is routed between the first object and the second object such that two portions (the two portions inside the first object 40 in Fig. 5 of the strand of material are inserted through the first opening in the first object (Fig. 1 and 5-10) and three portions of the strand (the three portions inside the second object 70 in Fig. 6) of material are inserted through the second opening in the second object (Fig. 1 and 5-10), and such that when the leading end and a trailing end (91) of the strand of material are tensioned each of the two portions of the strand of material inserted through the first opening in the first object travel in a same direction (Fig. 5-10 where it would be pulled in the same direction and both portions would move in the direction it is being pulled).
Claim 2: wherein the leading end and the trailing end of the strand of material are joined at a connection point (94) (Fig. 10-13).
Claim 3: wherein the strand of material is suture ([0039]).
Claim 4: wherein the strand of material is rope or string ([0039]).
Claim 5: wherein the first object is a surgical button or surgical anchor ([0038] and [0058]) and the second object is a surgical button or surgical anchor ([0038], [0047], and [0058]).
Claim 6: wherein routing the leading end of the strand of material includes: routing the leading end of the strand of material from a first side (see figure below) of the opening in the second object (see figure below where it is routed out of the first side), into a first side of the opening in the first object (see figure below where from the first side it goes into the first side of the first object), out of a second side of the opening in the first object (see figure below where it goes through the first object and out the second side), into the first side of the opening in the second object (see figure below where after looping back into the first object it goes into the first side of the second object), and out of a second side of the opening in the second object (see figure below).
Note that this claim is a process of forming the construct and as set forth in MPEP 2113, product by process claims are not limited to the manipulation of the recited steps, only the structure implied by the steps which appears to be taught by Callison.
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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 such as Chavan et al. (2018/0249998) as seen in Fig. 1-2.
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.
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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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