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 without traverse of species A, figure 1, claims 1-13 in the reply filed on 05/21/2026 is acknowledged. Claims 14-27 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species/invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 05/21/2026.
Claim Rejections - 35 USC § 102/103
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.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Smith (US 4700833 A).
Smith discloses:
1. A single barrier folder (figs 1-14, including figs 7-8) for holding a suture and a needle (capable of performing the above intended use) comprising: a plurality of openings configured to allow placement of a suture and form a suture winding (adjacent 20 capable of performing the above intended use); a first flap comprising a needle parking mechanism (adjacent 36 with 44, 48, 50), wherein the needle parking mechanism comprises a first portion (44), a notch (48), and a cutout (50), wherein the cutout and the notch are configured to hold the needle (capable of performing the above intended use), wherein the first portion is foldable and configured to fold in locking engagement with the notch (capable of performing the above intended use); a second flap and a third flap on opposite sides of the plurality of openings (adjacent 54, 22); a slit configured to receive an end portion of a fourth flap to lock the single barrier folder (adjacent 52 with flap adjacent 62/66).
2. The single barrier folder as claimed in claim 1, wherein the plurality of openings allows external rods to be inserted through the plurality of openings for forming the suture winding (capable of performing the above intended use) .
3. The single barrier folder as claimed in claim 1, wherein the plurality of openings are provided in a central zone of the single barrier folder (as in fig 1).
4. The single barrier folder as claimed in claim 3, wherein the notch is present on a foldable perforated edge between the first flap and the central zone (the prior art already discloses the same concept as with 63 and 39). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the location of the above in the same manner because it has been held that that rearranging parts of an invention on the basis of its suitability for the intended use was an obvious extension of the prior teachings. Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950).
5. The single barrier folder as claimed in claim 1, wherein the first flap, second flap, and the third flap have rounded corners. It is well within the skill of one of ordinary skill in the art to provide the above, for example to prevent injury to the users fingers. Further, it would have been obvious to one of ordinary skill in the art at the time of the invention to modify the shape because it has been held that a change in form or shape on the basis of its suitability for the intended use was an obvious extension of the prior teachings. In re Dailey et al., 149 USPQ 47.
6. The single barrier folder as claimed in claim 1, wherein the surface area of the third flap is larger than surface area of the second flap (fig 7).
7. The single barrier folder as claimed in claim 1, wherein the cutout is trapezoidal in shape and the notch is V-shaped. It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the shape because it has been held that a change in form or shape on the basis of its suitability for the intended use was an obvious extension of the prior teachings. In re Dailey et al., 149 USPQ 47.
8. The single barrier folder as claimed in claim 3, wherein the slit is provided along with the plurality of openings in the central zone, wherein the slit is curved (adjacent 39 and 63).
9. The single barrier folder as claimed in claim 8, wherein the fourth flap comprises a protrusion which allows the end portion of the fourth flap to lock into the slit (adjacent 39 and 63).
10. The single barrier folder as claimed in claim 9, wherein the slit is provided on a back face of the central zone (as in fig 1), wherein the fourth flap is folded covering the suture and the needle to lock into the slit (capable of performing the above intended use).
11. The single barrier folder as claimed in claim 1, wherein the fourth flap further comprises linear perforations to tear off a portion of fourth flap. Official Notice is taken, that it is old and conventional to provide the fourth flap further comprises linear perforations to tear off a portion of fourth flap.. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made in view of the Official Notice to provide that the fourth flap further comprises linear perforations to tear off a portion of fourth flap in order to ensure that portions of the device can be used independently of the other and/or enhanced access can be provided.
12. The single barrier folder as claimed in claim 1, wherein the notch and cutout are configured to hold the needle which is curved (capable of performing the above intended use).
13. The single barrier folder as claimed in claim 1, wherein the first flap and fourth flap are provided on opposite sides of the plurality of openings, wherein the first flap and fourth flap are perpendicularly located with respect to the second flap and the third flap (figs 7, 8).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW D PERREAULT whose telephone number is (571)270-5427. The examiner can normally be reached Monday - Friday 7:00am-5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Stashick can be reached at (571)272-4561. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW D PERREAULT/Primary Examiner, Art Unit 3735
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