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 § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 9-12, 14-23 and 26-28 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over West, JR. et al. US 2002/0095180 in view of Steiner US 2002/0161401.
Regarding claims 9, 15, and 26, West, JR. et al. discloses a method of anchoring soft tissue to bone (paragraph 0002), comprising: obtaining a suture anchor (figure 1) including a sleeve anchor (portions 16, 18, figure 1) and a suture-receiving insert 10 (figure 1), the sleeve anchor including an interior side wall (along gap 16A extending longitudinally along shaft 14, see annotated figure 7 below) and exterior side (exterior of components 16, 18, see annotated figure 7 below), the suture-receiving insert including a distal portion (see annotated figure 7 below) and a proximal body portion that extends proximally of the distal portion (see annotated figure 7 below), the distal portion including a distal tip (see annotated figure 7 below) and a proximal end with a proximal facing surface (see annotated figure 7 below); passing a suture 32 through soft tissue (figures 4, 7; passing through tissue 30) and through the suture-receiving insert (figure 7); locating the suture anchor in a bone hole 36 with the suture-receiving insert positioned distal of the sleeve anchor (figures 7-9); and partially receiving the suture-receiving insert in the sleeve anchor in the bone hole following said passing to lock the suture to the suture anchor (figure 7), said partially receiving including the proximal body portion extending into the sleeve anchor through an opening in a distal end of the sleeve anchor with the distal portion remaining outside the sleeve anchor distal of the opening in the distal end of the sleeve anchor (figure 7), wherein the distal end of the sleeve anchor includes a distal facing surface around the opening (see annotated figure 7 below), and wherein the suture being so locked includes the suture extending through the suture-receiving insert with a first portion of the suture located between the proximal facing surface of the proximal end of the distal portion and the distal facing surface of the distal end of the sleeve anchor (suture to be frictionally clamped within space 16A at the distal end of sleeve between distal end surface 13; paragraph 0075, see annotated figure 9 below), with a second portion of the suture located between an exterior side wall of the proximal body portion and the interior side wall of the sleeve anchor (see annotated figure 9 below), and with a third portion of the suture located outside the sleeve anchor extending proximally along the sleeve anchor in contact with the exterior wall and walls of the bone hole (paragraph 0067, crown portion 18 penetrates outward to engage with bone hole, the sutures extending alongside the exterior within the bone hole, figures 7, 9, see annotated figure 9 below).
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West Jr. et al. fails to explicitly disclose the crown portion 18 of the sleeve discloses exterior threads.
Steiner teaches a method for attaching soft tissue to bone (paragraph 0005), comprising a suture anchor 10, the suture anchor comprising an exterior comprising a variety of mechanisms for engaging and securing within bone comprising friction fit, barbs or threads for engaging with bone (paragraph 0010) and enhancing frictional engagement of the anchor within the bone hone.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to modify West Jr. et al. with threads on an exterior of the sleeve, as taught by Steiner, and a known substitute for frictional fit or barb engagements to secure a suture anchor within a bone hole.
Regarding claim 10, West Jr. et al. discloses said passing include feeding the suture through an eyelet in the suture receiving insert (figure 6, suture 32 passes through eyelet 11 and 12).
Regarding claim 11, West Jr. et al. discloses wherein a diameter of the proximal body portion is such that the suture being locked to the suture anchor includes an interference fit between the proximal body portion, the second portion of the suture, and the sleeve anchor (paragraph 0075, figures 1, 9, within gap 16A).
Regarding claim 12, West Jr. et al. discloses wherein the suture is locked to the suture anchor without the use of a knot (paragraphs 0002, 0075, figures 1, 9, within gap 16A, frictional fit).
Regarding claim 14, West Jr. et al. discloses wherein said locating includes placing the suture anchor in the bone hole (figures 8, 10) with a suture anchor implanting tool removably engaging the suture-receiving insert through the sleeve anchor (for example, paragraphs 0033, 0072; for removably engaging the insert for implanting within the sleeve anchor in bone hole).
Regarding claim 16, West, Jr. et al. discloses wherein said partially receiving includes the proximal body portion sliding into the sleeve anchor (figures 7 and 9, insert 10 is slidably movable with respect to proximal portion 14 to lock suture).
Regarding claim 17 and 18, West, Jr. et al. discloses wherein said passing includes feeding the suture through an eyelet in the suture-receiving insert (figure 6, suture 32 passes through eyelets 11 and 12), or wherein said passing includes feeding the suture through a slot in the suture-receiving insert (figure 6, suture 32 passes through slots between eyelets openings 11 and 12).
Regarding claim 19, West, JR. et al. discloses wherein the suture being so locked to the suture anchor includes a second portion of the suture located between an exterior side wall of the proximal body portion and the interior side wall of the sleeve anchor (along slot 16A), and wherein a diameter of the proximal body portion is such that the suture being locked to the suture anchor includes an interference fit between the proximal body portion, the second portion of the suture, and the sleeve anchor (paragraph 0075, figures 1, 9, within gap 16A).
Regarding claim 20, West Jr. et al. discloses wherein the suture is locked to the suture anchor without the use of a knot (paragraphs 0002, 0075, figures 1, 9, within gap 16A, frictional fit).
Regarding claim 21, West Jr. et al. discloses wherein the distal facing surface of the sleeve anchor (distal facing surface of portion 16/16A) occurs at the distal end of the sleeve anchor (figure 1).
Regarding claim 22, West Jr. et al. discloses wherein the suture being locked to the suture anchor includes a free end of the third portion extending proximally away from a proximal end of the sleeve anchor (figure 9, end of suture 32 extends proximally once within bone).
Regarding claim 23, West Jr. et al. discloses wherein said locating includes placing the suture anchor in the bone hole (figures 8, 10) with a suture anchor implanting tool removably engaging the suture-receiving insert through the sleeve anchor (for example, paragraphs 0033, 0072; for removably engaging the insert for implanting within the sleeve anchor in bone hole).
Regarding claim 27, West Jr. et al. discloses wherein a diameter of the proximal body portion is such that the suture being locked to the suture anchor includes an interference fit between the proximal body portion, the second portion of the suture, and the sleeve anchor (paragraph 0075, figures 1, 9, within gap 16A).
Regarding claim 28, West Jr. et al. discloses wherein the suture is locked to the suture anchor without the use of a knot (paragraphs 0002, 0075, figures 1, 9, within gap 16A, frictional fit).
Allowable Subject Matter
Claim 13, 24 and 25 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:
West, Jr. et al. US 2002/0095180 discloses a suture first portion, second portion and third portion as discussed above, but fails to disclose wherein the second portion of the suture includes a free end that is fixedly coupled to the proximal body portion of the suture-receiving insert independent of the sleeve anchor. Examiner notes the suture 32 is looked through with both free ends extending proximally from the anchor. It would not be obvious to attach a free end to the insert at the second portion of the suture.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINA C LAUER whose telephone number is (571)270-5418. The examiner can normally be reached Monday-Thursday 7:00 AM-4:00 PM.
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/CHRISTINA C LAUER/Examiner, Art Unit 3771