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 invention I, drawn to a tissue securement apparatus, Group 1, species A (Fig. 2) Tissue securement apparatus with percutaneous connecting members, Group 2, species K (Figs. 41A-42) Anchor with two bases, the first base with a single central prong multiple tines along the perimeter and second base with a single central prong with a smooth internal surface, Group 3, species A (Fig. 31) Multiple anchors held together by suture with a running pattern, and Group 4, species B (Fig. 37) Prongs are transected; in the reply filed on 03/10/2026 is acknowledged.
Claims 6-10, 23-24, and 32-44 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention and species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 03/10/2026.
Response to Amendment
This office action is responsive to the amendment filed on 03/10/2026. As directed by the amendment: claims 6-10, 23-24, and 32-44 have been withdrawn. Thus, claims 1-44 are presently pending in this application.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-5 and 11-19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "the first securement member" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim. First securement member is not positively claimed in the claim preceding “the first securement member”. Additionally, it is not clear if this revers to “a first prong” or a different member. For the purpose of prior art examination this limitation will be interpreted as “the first prong”. Appropriate correction is required.
Claims 2-4 and 11-19 are rejected as being dependent on claim 1.
Claim Rejections - 35 USC § 103
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-5, 11-22, and 25-31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Blaine et al (US 20230106745 A1), herein referenced to as “Blaine” in view of Crockett et al (US 20050267529 A1), herein referenced to as “Crockett”.
Claim 1
Blaine discloses: A tissue securement apparatus 30 (see Figs. 4A-5, [0110]), comprising: a first platform 42 (see Figs. 4A-5, [0114]) having a first prong 35 (see Figs. 4A-5, [0113]-[0114]) extending from the first platform 42, wherein the first securement member 35 (see 112b rejection above, interpreted as “the first prong”) defines a first cross-sectional shape the circular cross-section of 35 (see Figs. 4A-5); a second platform 41 (see Figs. 4A-5, [0114]).
Blaine does not explicitly disclose: having a second prong extending from the second platform, wherein the second prong defines a receiving channel having a second cross-sectional shape which corresponds to the first cross-sectional shape, wherein the first prong and the second prong are translatable relative to one another while maintaining an orientation of the first platform relative to the second platform.
However, Crockett in a similar field of invention teaches a tissue securement apparatus 4110 (see Figs. 41A-4F) with a first platform (see annotated Fig. 41E below) with a first prong 4111 (see Figs. 41A-41F) with a first cross-sectional shape the cross-section of 4111 (see Figs. 41A-41F) and a second platform (see annotated Fig 41E below). Crockett further teaches: having a second prong (see annotated Fig. 41E below) extending from the second platform (see annotated Fig. 41E below), wherein the second prong (see annotated Fig. 41E below) defines a receiving channel (see annotated Fig. 41E below) having a second cross-sectional shape (see annotated Fig. 41E below) which corresponds to the first cross-sectional shape (see annotated Fig. 41E below), wherein the first prong (see annotated Fig. 41E below) and the second prong (see annotated Fig. 41E below) are translatable relative to one another (see [0173], mating and securing to engage the opposing base) while maintaining an orientation of the first platform (see annotated Fig. 41E below) relative to the second platform (see annotated Fig. 41E below).
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It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Blaine to incorporate the teachings of Crockett and teach a tissue securement apparatus with a second prong extending from the second platform, wherein the second prong defines a receiving channel having a second cross-sectional shape which corresponds to the first cross-sectional shape, wherein the first prong and the second prong are translatable relative to one another while maintaining an orientation of the first platform relative to the second platform. Motivation for such can be found in Crockett as this provides a multiple stage locking mechanism to provide a method to increase the tightness of the plication by the tissue securement apparatus (see [0173]).
Claim 2
The combination of Blaine and Crockett teaches: The apparatus of claim 1, see 103 rejection above. Blaine further discloses: wherein the first platform 42 defines a first surface the surface of 42 with 43 (see Fig. 4A, [0115]) for contacting against a first tissue surface (see [0115], to grasp and hold the tendon).
Claim 3
The combination of Blaine and Crockett teaches: The apparatus of claim 2, see 103 rejection above. Blaine further discloses: wherein the second platform 41 defines a second surface the surface of 42 with 43 (see Fig. 4B) for contacting against a second tissue surface (see Figs. 3A-3B, [0115], to grasp and hold the tendon) opposite to the first tissue surface 42 is opposite from 41 on each side of 7(see Figs. 3A-3B).
Claim 4
The combination of Blaine and Crockett teaches: The apparatus of claim 1, see 103 rejection above. Crockett further teaches: wherein the first prong 4111 has a piercing tip penetrating elements on 4111 (see Figs. 41A-41F, [0183]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Blaine to incorporate the teachings of Crockett and teach a tissue securement apparatus with the first prong with a piercing tip. Motivation for such can be found in Crockett as this allows for easy penetration through soft tissue (see [0173]).
Claim 5
The combination of Blaine and Crockett teaches: The apparatus of claim 1, see 103 rejection above. Blaine further discloses: wherein the first prong 35 extends from the first platform 42 at an angle 35 extends at a 90-degree angle from 32 (see Figs. 4A-4B) relative to the first platform 42.
Claim 11
The combination of Blaine and Crockett teaches: The apparatus of claim 1, see 103 rejection above. Blaine further discloses: wherein the first prong 35 defines a length the length from 43 to the end 31 (see Figs. 4A-4B) having a first contiguous surface the contiguous surface of 35 (see Figs. 4A-4B)
Claim 12
The combination of Blaine and Crockett teaches: The apparatus of claim 11, see 103 rejection above. Crockett further teaches: wherein the receiving channel (see annotated Fig. 41E below claim 1 and Fig. 41F) of the second prong (see annotated Fig. 41E below claim 1) defines a second contiguous surface the surface of the second prong (see Fig. 41F, is contiguous) for translating against the first contiguous surface the first contiguous surface of 4111 (see annotated Fig. 41E below claim 1 and Fig. 41F, the two contiguous surfaces contacting one another as seen in Fig. 41E-F).
Claim 13
The combination of Blaine and Crockett teaches: The apparatus of claim 1, see 103 rejection above. Blaine further discloses: wherein the first prong 35 defines a first lumen 33 (see Figs. 4A-5, [0113], the lumen 33 extends through 35 and through 42) through a length the length of 35 (see Figs. 4A-4B, [0113]) of the first prong 35.
Claim 14
The combination of Blaine and Crockett teaches: The apparatus of claim 13, see 103 rejection above. Crockett further teaches: wherein the receiving channel (see annotated Fig. 41E below claim 1) of the second prong (see annotated Fig. 41E below claim 1) defines a second lumen (see annotated Fig. 41E below claim 1, the receiving channel defines a second lumen extend through the length of the second prong up until the second platform) extending through a length (see annotated Fig. 41E below claim 1, the length of the second prong) of the second prong.
Claim 15
The combination of Blaine and Crockett teaches: The apparatus of claim 1, see 103 rejection above. Blaine further discloses: wherein the first platform 42 defines one or more first piercing members 43 on 42 (see Figs. 4A-5, [0115]) extending from the first platform 42.
Claim 16
The combination of Blaine and Crockett teaches: The apparatus of claim 15, see 103 rejection above. Blaine further discloses: wherein the one or more first piercing members 43 on 42 each have a length the length of 43 on 42 (see Figs. 4A-4B, the length of 43 is less than the length of 35) which is less than a length the length of 35 (see Figs. 4A-4B) of the first prong 35.
Claim 17
The combination of Blaine and Crockett teaches: The apparatus of claim 1, see 103 rejection above. Blaine further discloses: wherein the second platform 41 defines one or more second piercing members 43 on 41 (see Fig. 4B) extending from the second platform 41.
Claim 18
The combination of Blaine and Crockett teaches: The apparatus of claim 17, see 103 rejection above. The combination of Blaine and Crockett further teaches: wherein the one or more second piercing members 43 on 41 each have a length which is less than a length of the second prong (see annotated Fig. 41E below claim 1, the length of the second prong is similar to that of the first prong to be mating structures, and when combined with Blaine, this length is greater than that of the piercing members which is shorter than that of the first prong).
Claim 19
The combination of Blaine and Crockett teaches: The apparatus of claim 1, see 103 rejection above. Blaine further discloses: wherein the second platform 41 defines one or more openings the opening of 41 (see Fig. 5, [0121]) through a thickness the thickness of 41 (see Fig. 5) of the second platform 41.
Claim 20
Blaine discloses: A tissue securement apparatus 30 (see Figs. 4A-5, [0110]), comprising: a first platform 42 (see Figs. 4A-5, [0114]) having a first prong 35 (see Figs. 4A-5, [0113]-[0114]) extending from the first platform 42, wherein the prong 35 defines a plurality of engagement features the flanges of 35 at 31 (see Figs. 4A-5) along a length the length of 35 (see Figs. 4A-5) of the prong 35; a second platform 41 (see Figs. 4A-5, [0114]).
Blaine does not explicitly disclose: the first prong with a piercing distal tip; having a second prong extending from the second platform, wherein the second prong defines a receiving channel sized to receive the length of the first prong, wherein the receiving channel further comprises one or more locking features configured to retain the plurality of engagement features when the first prong is inserted within the receiving channel, and wherein the first prong and the second prong are translatable relative to one another while maintaining an orientation of the first platform relative to the second platform.
However, Crockett in a similar field of invention teaches a tissue securement apparatus 4110 (see Figs. 41A-4F) with a first platform (see annotated Fig. 41E below) with a first prong 4111 (see Figs. 41A-41F) with a plurality of engagement features 4112 (see Figs. 41A-41F, [0173], locking tabs) and a second platform (see annotated Fig 41E below). Crockett further teaches: the first prong 4111 with a piercing distal tip penetrating elements on 4111 (see Figs. 41A-41F, [0183]); the second platform (see annotated Fig. 41E below) having a second prong (see annotated Fig. 41E below) extending from the second platform (see annotated Fig. 41E below), wherein the second prong (see annotated Fig. 41E below) defines a receiving channel (see annotated Fig. 41E below) to receive the length of the first prong (see annotated Fig. 41E below, the channel can receive the length of the first prong 4111, see [0173]), wherein the receiving channel (see annotated Fig. 41E below) further comprises one or more locking features locking mechanism (see annotated Fig. 41E below, [0173]) configured to retain the plurality of engagement features 4112 when the first prong 4111 is inserted within the receiving channel (see annotated Fig. 41E below), wherein the first prong (see annotated Fig. 41E below) and the second prong (see annotated Fig. 41E below) are translatable relative to one another (see [0173], mating and securing to engage the opposing base) while maintaining an orientation of the first platform (see annotated Fig. 41E below) relative to the second platform (see annotated Fig. 41E below).
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It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Blaine to incorporate the teachings of Crockett and teach a tissue securement apparatus with the first prong with a piercing distal tip. Motivation for such can be found in Crockett as this allows for easy penetration through soft tissue (see [0173]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Blaine to incorporate the teachings of Crockett and teach a tissue securement apparatus with a second prong extending from the second platform, wherein the second prong defines a receiving channel sized to receive the length of the first prong, wherein the receiving channel further comprises one or more locking features configured to retain the plurality of engagement features when the first prong is inserted within the receiving channel, and wherein the first prong and the second prong are translatable relative to one another while maintaining an orientation of the first platform relative to the second platform. Motivation for such can be found in Crockett as this provides a multiple stage locking mechanism to provide a method to increase the tightness of the plication by the tissue securement apparatus (see [0173]).
Claim 21
The combination of Blaine and Crockett teaches: The apparatus of claim 20, see 103 rejection above. Blaine further discloses: wherein the first platform 42 defines a first surface the surface of 42 with 43 (see Fig. 4A, [0115]) for contacting against a first tissue surface (see [0115], to grasp and hold the tendon).
Claim 22
The combination of Blaine and Crockett teaches: The apparatus of claim 21, see 103 rejection above. Blaine further discloses: wherein the second platform 41 defines a second surface the surface of 42 with 43 (see Fig. 4B) for contacting against a second tissue surface (see Figs. 3A-3B, [0115], to grasp and hold the tendon) opposite to the first tissue surface 42 is opposite from 41 on each side of 7(see Figs. 3A-3B).
Claim 25
The combination of Blaine and Crockett teaches: The apparatus of claim 20, see 103 rejection above. Blaine further discloses: wherein the first prong 35 defines a first lumen 33 (see Figs. 4A-5, [0113], the lumen 33 extends through 35 and through 42) through a length the length of 35 (see Figs. 4A-4B, [0113]) of the first prong 35.
Claim 26
The combination of Blaine and Crockett teaches: The apparatus of claim 25, see 103 rejection above. Crockett further teaches: wherein the receiving channel (see annotated Fig. 41E below claim 20) of the second prong (see annotated Fig. 41E below claim 20) defines a second lumen (see annotated Fig. 41E below claim 20, the receiving channel defines a second lumen extend through the length of the second prong up until the second platform) extending through a length (see annotated Fig. 41E below claim 20, the length of the second prong) of the second prong.
Claim 27
The combination of Blaine and Crockett teaches: The apparatus of claim 20, see 103 rejection above. Blaine further discloses: wherein the first platform 42 defines one or more tines 43 on 42 (see Figs. 4A-5, [0115]) extending from the first platform 42.
Claim 28
The combination of Blaine and Crockett teaches: The apparatus of claim 27, see 103 rejection above. Blaine further discloses: wherein the one or more tines 43 on 42 each have a length the length of 43 on 42 (see Figs. 4A-4B, the length of 43 is less than the length of 35) which is less than a length the length of 35 (see Figs. 4A-4B) of the first prong 35.
Claim 29
The combination of Blaine and Crockett teaches: The apparatus of claim 20, see 103 rejection above. Blaine further discloses: wherein the second platform 41 defines one or more second piercing members 43 on 41 (see Fig. 4B) extending from the second platform 41.
Claim 30
The combination of Blaine and Crockett teaches: The apparatus of claim 29, see 103 rejection above. The combination of Blaine and Crockett further teaches: wherein the one or more second piercing members 43 on 41 each have a length which is less than a length of the second prong (see annotated Fig. 41E below claim 1, the length of the second prong is similar to that of the first prong to be mating structures, and when combined with Blaine, this length is greater than that of the piercing members which is shorter than that of the first prong).
Claim 31
The combination of Blaine and Crockett teaches: The apparatus of claim 20, see 103 rejection above. Blaine further discloses: wherein the second platform 41 defines one or more openings the opening of 41 (see Fig. 5, [0121]) through a thickness the thickness of 41 (see Fig. 5) of the second platform 41.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAIHAN R KHANDKER whose telephone number is (571)272-6174. The examiner can normally be reached Monday - Friday 7:00 PM - 3:00 PM.
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RAIHAN R. KHANDKER
Examiner
Art Unit 3771
/RAIHAN R KHANDKER/Examiner, Art Unit 3771
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