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 .
Election/Restrictions
Applicant’s election without traverse of Group II, claims 11-12 in the reply filed on 04/17/2026 is acknowledged.
Claim 13 has been amended to depend on claim 11.
Claims 1-10 and 14-20 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 04/17/2026.
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 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.
Claim(s) 11-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2004/0002734 to Fallin et al. (Fallin).
Fallin teaches:
Claim 11: A suture anchor (Fig. 9 reproduced with annotation below) for implanting a suture having a thickened portion with a predetermined diameter or thickness (the suture have not been positively recited), the suture anchor comprising:
a distal passageway (Fig. 9 reproduced with annotation below) configured to receive the suture (the suture has not positively recited), the passageway having a rear opening (Fig. 9 reproduced with annotation below) with a dimension selected to create an interference fit with the thickened portion of the suture (functional limitation, the suture has not been positively recited), and a front opening (Fig. 9 reproduced with annotation below) which is larger than the rear opening.
Claim 12: The front and rear openings are round (Fig. 10 showing the anchor 56 with round openings); and the rear opening has a diameter approximately equal to the diameter or thickness of the thickened portion of the suture (again, the suture having a thickened portion with a diameter or thickness is not positively recited).
Claim 13: A proximal passageway (Fig. 9 reproduced with annotation below) configured to receive a second suture (the second suture has not positively recited).
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHONG SON DANG whose telephone number is (571)270-5809. The examiner can normally be reached Mon-Fri 8-5.
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/PHONG SON H DANG/Primary Examiner, Art Unit 3771
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