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
Claim 8 is objected to because of the following informalities: claim 8 should depend from claim 7 not claim 6, since claim 7 is the first claim to introduce the ‘sleeve’ and correction to depend from claim 7 provides proper antecedent basis for ‘the sleeve’. For the purpose of examination, claim 8 will be read as depending from claim 7. 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.
Claims 1-6, 9-14, and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Maxson et al. (US Pat. No. 5,215,531).
Regarding claim 1, Maxson et al. disclose an anchor (Fig. 13) for use with a surgical access device, the anchor comprising: a clip 53 (Fig. 13) defining an aperture; a locking mechanism 61, 62 (Fig. 13) disposed on the clip and configured for selectively locking a size of the aperture; and at least one arm 59, 60 (Fig. 13) disposed on the clip 53, the at least one arm 59, 60 configured for tying down at least one suture (it is considered that since Maxson et al. discloses the claimed structure of at least one arm, it would be configured to perform as claimed).
Regarding claim 2, Maxson et al. further disclose wherein the at least one arm 59, 60 extends radially outward from the clip 53 (Fig. 13).
Regarding claim 3, Maxson et al. further disclose wherein the at least one arm 59, 60 includes a finger (protrusions formed by notches in arms 59, 60- Fig. 13) and wherein the finger is configured for tying down at least a first suture (it is considered that since Maxson et al. discloses the claimed structure of the finger on at least one arm, it would be configured to perform as claimed).
Regarding claim 4, Maxson et al. further disclose wherein the at least one arm 59, 60 includes a notch (notches seen on arms 59, 60 in Fig. 13), and wherein the notch is configured for tying down at least a second suture (it is considered that since Maxson et al. discloses the claimed structure of a notch on at least one arm, it would be configured to perform as claimed).
Regarding claim 5, Maxson et al. further disclose wherein the at least one arm 59, 60 is one of a plurality of arms 59, 60 disposed on the clip 53 (Fig. 13).
Regarding claim 6, Maxson et al. further disclose wherein each arm 59, 60 of the plurality of arms 59, 60 (Fig. 13) includes a notch (notches on 59, 60 seen in Fig. 13) configured for tying down the at least one suture (it is considered that since Maxson et al. discloses the claimed structure of a notch, it would be configured to perform as claimed).
Regarding claim 9, Maxson et al. further disclose wherein the clip 53 includes a first arcuate section and a second arcuate section (see Fig. 13 annotated below), the first arcuate section being movable relative to the second arcuate section (movement occurs as shown by arrows in Fig. 13; column 7, lines 29-36).
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Regarding claim 10, Maxson et al. further disclose wherein movement of the first arcuate section relative to the second arcuate section changes the size of the aperture defined by the clip 53 (column 7, line 29-36).
Regarding claim 11, Maxson et al. further disclose wherein the locking mechanism 61, 62 is configured for selectively engaging a plurality of teeth 63, 64 (Fig. 13) disposed on at least one of the first arcuate section of the clip or the second arcuate section of the clip.
Regarding claim 12, Maxson et al. disclose an anchor (Fig. 13) for use with surgical access device, the anchor comprising: a clip 53 (Fig. 13) defining an aperture and including a first arcuate section and a second arcuate section (see annotated Fig. 13 above), the first arcuate section movable relative to the second arcuate section (movement occurs as shown by arrows in Fig. 13; column 7, lines 29-36); a locking mechanism 61, 62 (Fig. 13) disposed in mechanical cooperation with the clip for selectively locking a size of the aperture; and a plurality of arms 59, 60 (Fig. 13) disposed on the clip 53, each arm of the plurality of arms 59, 60 configured for tying down at least one suture of a plurality of sutures (it is considered that since Maxson et al. discloses the claimed structure of the plurality of arms, it would be configured to perform as claimed).
Regarding claim 13, Maxson et al. further disclose wherein each arm of the plurality of arms 59, 60 comprises a notch (notches shown on arms 59, 60 in Fig. 13), and wherein each notch is configured for tying down at least a first suture of the plurality of sutures (it is considered that since Maxson et al. discloses the claimed structure of a notch, it would be configured to perform as claimed).
Regarding claim 14, Maxson et al. further disclose wherein each arm of the plurality of arms 59, 60 comprises a finger (protrusions formed by notches in arms 59, 60- Fig. 13), and wherein each finger is configured for tying down at least a second suture of the plurality of sutures (it is considered that since Maxson et al. discloses the claimed structure of a finger, it would be configured to perform as claimed).
Regarding claim 18, Maxson et al. further disclose wherein the movement of the first arcuate section relative to the second arcuate section changes the size of the aperture defined by the clip 53 (column 7, lines 29-36).
Regarding claim 19, Maxson et al. further disclose wherein at least one of the first arcuate section of the clip 53 or the second arcuate section of the clip comprises a first plurality of teeth 64 (Fig. 13).
Regarding claim 20, Maxson et al. further disclose wherein the locking mechanism includes a handle 61 having a second plurality of teeth 63 (Fig. 13) configured for selectively engaging the first plurality of teeth 64 in a ratcheting manner.
Allowable Subject Matter
Claims 7, 8, & 15-17 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.
The following is a statement of reasons for the indication of allowable subject matter: regarding claims 7 and 15, Maxson et al. fail to further disclose, teach, or suggest a sleeve radially surrounding at least a portion of the clip. Another pertinent art cited by examiner is US Pub. No. 2017/0056064 A1. This prior art also discloses a ratchet type clip associated with an access device having a sleeve - see Figs. 30-33 for example - however, it is not disclosed, taught or suggested that the sleeve radially surrounds any portion of the clip nor would it have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to reconfigure the sleeve to radially surround the clip since this may ruin the integrity/function of the access device and the clip’s purpose as it pertains to the sleeve.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Pub. No. 2005/0010238 A1 - clip with arms extending radially outward of the clip (Fig. 1). US Pat. No. 5,263,939 - ratchet clip - Fig. 4.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ASHLEY LAUREN FISHBACK whose telephone number is (571)270-7899. The examiner can normally be reached M-F 7:30a-3:30p.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Darwin Erezo can be reached at (571) 272-4695. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ASHLEY LAUREN FISHBACK
Primary Examiner
Art Unit 3771
/ASHLEY L FISHBACK/Primary Examiner, Art Unit 3771 December 19, 2025