DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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) 2 is rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by US 2006/0116719 (Martinek).
2. An anchor (fastener 10) for attaching tissue to bone (FIG. 8), comprising:
an anchor body (expandable body 12) comprising an axial bore (aperture 15) and a plurality of bone-engaging tines (legs 18) extending in a proximal direction from the anchor body (e.g., extending in a patient-proximal direction in FIG. 1);
a spreader (setting pin 24) comprising a first end base (e.g., left end in FIG. 1) and a second end base (e.g., right end in FIG. 1) wherein the first end base has a larger diameter than the second end base (see diameter of larger diameter of bulbous portion 34 in FIG. 1); and
wherein the first end base comprises a first surface (see annotated FIG. 9) that faces an opposite direction (e.g., proximal direction where these surfaces at least partially face these directions in FIG. 9) as a direction faced (e.g., distal direction) by a second surface (see annotated FIG. 9) of the second end base, and wherein the first surface comprises a largest diameter of the spreader (FIG. 9); and
wherein the first base end of the spreader is configured to expand the tines outward upon
distal movement (e.g., patient-distal movement) of the spreader relative to the anchor body (FIG. 2-3; P0040).
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Response to Arguments
Applicant’s arguments regarding the new limitations with respect to Martinek have been considered but are moot because the arguments do not apply to the rejection in the previous office action (e.g., do not apply to claim limitations previously rejected). All arguments directed to new limitations in the amended claims are addressed in the rejection above. Applicant’s amendment to claim 2, specifically the inclusion of new limitations, necessitated the new ground(s) of rejection presented in this Office action.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US 8,523,902 (Heaven ‘902) and US 12,096,925 (Heaven ‘925) appear to be eligible for double patenting rejections.
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.
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TJ SCHERBEL
Primary Examiner
Art Unit 3771
/TODD J SCHERBEL/Primary Examiner, Art Unit 3771
Prosecution Insights