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 .
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Applicant has not complied with one or more conditions for receiving the benefit of an earlier filing date under 35 U.S.C. 119(e) or 35 U.S.C. 120 as follows:
The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994).
The disclosure of the prior-filed application, Application No. 61/720,593; 61/866,955; 14/068,406; 61/915,433; 61/984,431; 14/461,992; 62/427,879; 15/827,322; 62/758,157; and 16/681,420, fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application. The prior-filed applications mentioned above fail to provide adequate support or enablement for an eyelet of the distal suture as claimed in independent claims 1, 20, 26 and 28, specifically the distal suture having an eyelet, and/or a loop of the proximal suture extending through the eyelet of the distal suture; and the suture sled being vertically offset from the tube, as claimed in independent claims 29 and 31. Accordingly, the effective filing date of claims 1, 20, 26, 28-29 and 31, and claims dependent therefrom, in the instant application is 09/09/2021.
Drawings
Color photographs and color drawings are not accepted in utility applications unless a petition filed under 37 CFR 1.84(a)(2) is granted. Any such petition must be accompanied by the appropriate fee set forth in 37 CFR 1.17(h), one set of color drawings or color photographs, as appropriate, if submitted via the USPTO patent electronic filing system or three sets of color drawings or color photographs, as appropriate, if not submitted via the via USPTO patent electronic filing system, and, unless already present, an amendment to include the following language as the first paragraph of the brief description of the drawings section of the specification:
The patent or application file contains at least one drawing executed in color. Copies of this patent or patent application publication with color drawing(s) will be provided by the Office upon request and payment of the necessary fee.
Color photographs will be accepted if the conditions for accepting color drawings and black and white photographs have been satisfied. See 37 CFR 1.84(b)(2).
The drawings have been received on 11/07/2024 and 06/16/2025 and these drawings have been objected to under 37 CFR 1.84 for the following reasons: lines, numbers and letters are not uniformly thick and well defined; and numbers and reference characters are not plain and legible for all figures (see poor shading in at least figs. 1-31, 52, 71-85 and 86-104). New corrected drawings in compliance with 37 CFR 1.121(d) are required in this application because of the reasons stated above. Applicant is advised to employ the services of a competent patent draftsperson outside the Office, as the U.S. Patent and Trademark Office no longer prepares new drawings. The corrected drawings are required in reply to the Office action to avoid abandonment of the application. The requirement for corrected drawings will not be held in abeyance.
Claim Objections
Claims 1, 6, 8, 12 and 20 are objected to because of the following informalities:
In claim 1, line 23, the phrase “with a loop of proximal suture” should read “with a loop of the proximal suture” or similar language.
In claim 6, line 2, the phrase “said suture” should read “said proximal suture”, to remain consistent in referring to the proximal suture as recited in claim 4.
In claim 8, line 2, the phrase “said cylindrical body” should read “said cylindrical body of the proximal anchor” or similar language, since claim 1 introduces a cylindrical body of both the proximal anchor and the distal anchor, and the proximal anchor comprises the flexible finger.
In claim 8, lines 4-5, the phrase “said cylindrical body” should read “said cylindrical body of the proximal anchor” or similar language.
In claim 12, line 2, the phrase “said body” should read “said body of the proximal anchor” or similar language.
In claim 12, lines 5-6, the phrase “said cylindrical body” should read “said cylindrical body of the proximal anchor” or similar language.
In claim 20, line 24, the phrase “with a loop of proximal suture” should read “with a loop of the proximal suture” or similar language.
In claim 20, line 26, the phrase “said loop of proximal suture” should read “said loop of the proximal suture” or similar language.
In claim 20, lines 28 and 30, the phrase “said enlargement” should read “said enlargement of the distal anchor” or similar language.
In claim 20, line 33, the phrase “pulling proximally on the said loop” appears to have an additional, unnecessary term; it is suggested to amend the phrase to recite either “the loop” or “said loop”.
In claim 20, lines 35-36, the phrase “so as reduce the amount of suture” should read “so as to reduce the amount of suture” or similar language.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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 1-25 and 29-30 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.
Regarding claim 1, line 14, the claim recites “the opposing side”. There is insufficient antecedent basis for this limitation in the claim, since an opposing side of the cylindrical body has not been previously introduced. Therefore, the scope of the claim is indefinite. For examination purposes, the phrase is interpreted to refer to an opposing side of the cylindrical body.
Further, in line 22, the claim recites “said proximal bore”. There is insufficient antecedent basis for this limitation in the claim, since a proximal bore has not been previously introduced. Therefore, the scope of the claim is indefinite. For examination purposes, the phrase is interpreted to refer to the recess of the proximal anchor as previously introduced.
Regarding claim 9, the claim recites “said cutout”. There is insufficient antecedent basis for this limitation in the claim, since a cutout has not been previously introduced. Therefore, the scope of the claim is indefinite. For examination purposes, the phrase is interpreted to refer to a cutout of the flexible finger.
Regarding claim 10, the claim recites “said cutout”. There is insufficient antecedent basis for this limitation in the claim, since a cutout has not been previously introduced. Therefore, the scope of the claim is indefinite. For examination purposes, the phrase is interpreted to refer to a cutout formed in either the proximal anchor and/or the distal anchor.
Further, the claim recites “said cylindrical body” in line 2. It is unclear whether the phrase is referring to the cylindrical body of the proximal anchor or the distal anchor. Therefore, the scope of the claim is indefinite. For examination purposes, the phrase is interpreted to refer to the cylindrical body of either the proximal anchor or the distal anchor.
Regarding claim 11, the claim recites “wherein the distal end of said body comprises an inclined distal end surface”. It is unclear whether the phrase is referring to the body of the proximal anchor or the distal anchor; further, it is unclear whether “an inclined distal end surface” is referring to the inclined distal end surface of the distal anchor previously introduced, or introducing a new, separate distal end surface of the proximal anchor or a separate structure. Therefore, the scope of the claim is indefinite. For examination purposes, the phrase is interpreted to refer to the distal end of the either anchor.
Regarding claim 20, line 15, the claim recites “the opposing side”. There is insufficient antecedent basis for this limitation in the claim, since an opposing side of the cylindrical body has not been previously introduced. Therefore, the scope of the claim is indefinite. For examination purposes, the phrase is interpreted to refer to an opposing side of the cylindrical body.
Further, in line 23, the claim recites “said proximal bore”. There is insufficient antecedent basis for this limitation in the claim, since a proximal bore has not been previously introduced. Therefore, the scope of the claim is indefinite. For examination purposes, the phrase is interpreted to refer to the recess of the proximal anchor as previously introduced.
Regarding claim 29, the claim recites “apparatus for inserting a distal anchor into the first object and a proximal anchor into the second object”. There is insufficient antecedent basis for “the first object” and “the second object”, since a first and second object have not been previously introduced. Therefore, the scope of the claim is indefinite. For examination purposes, the phrase is interpreted to refer to a first object and a second object.
Claims 2-8, 12-19, 21-25 and 30 are indefinite due to their dependencies on indefinite base claims 1, 20 and 29.
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) 1-4, 6-7, 11-17 and 20-28 are rejected under 35 U.S.C. 103 as being unpatentable over Sorensen (US 2015/0051621 A1) in view of Sengun (US 2017/0303914 A1).
Regarding claim 1, Sorensen discloses (abstract; paras. [0092]-[0190]; figs. 1-86) an apparatus (anchor assembly 10) for attaching a first object to a second object (para. [0102]), said apparatus comprising:
a distal anchor (20, para. [0092]; fig. 5) comprising a generally cylindrical body (35, para. [0093]), a distal end (40) and a proximal end (45), wherein said distal end comprises an inclined distal end surface (60), and a vertical bore (70) extending through said generally cylindrical body (fig. 10), perpendicular to the longitudinal axis of said generally cylindrical body (fig. 10);
a distal suture (30, para. [0095]) having a proximal end (190) and a distal end (180), with an enlargement (185) formed at said distal end (fig. 5), wherein said suture extends through said vertical bore of said distal anchor (fig. 6);
a proximal anchor (25A, para. [0186]; figs. 71-72) comprising a generally cylindrical body (90A, para. [0187]), a distal end (95A) and a proximal end (100A), a vertical bore (126A) extending through said generally cylindrical body (fig. 71), perpendicular to the longitudinal axis of said generally cylindrical body (fig. 72), a recess (131A) formed on one side of said generally cylindrical body (fig. 72) and a U-shaped slot (136A) formed on the opposing side of said generally cylindrical body (figs. 71-72), whereby to form a flexible finger (141A) extending distally within said generally cylindrical body (fig. 71), and further wherein said distal end of said finger is spaced from an opposing portion of said generally cylindrical body (forms gap 142A, para. [0187]); and
the suture extends through said vertical bore of said proximal anchor (figs. 71-72), through said recess of said proximal bore and through said U-shaped slot of said proximal anchor (fig. 72).
However, Sorensen fails to disclose the distal suture having an eyelet formed at the proximal end; and a proximal suture having a proximal end and a distal end, with an enlargement formed at said distal end, wherein said proximal suture extends through said eyelet of said distal suture, back through said vertical bore of said proximal anchor, with a loop of proximal suture extending through said eyelet of said distal suture.
Sengun teaches (paras. [0192]-[0194] and [0217]; figs. 29 and 70), in the same field of endeavor, an apparatus for attaching a first object to a second object (facilitates meniscal repair, abstract) comprising a distal anchor (26) and a proximal anchor (10), and further teaches a distal suture (annotated fig. 70) having an eyelet (annotated fig. 70) formed at the proximal end (fig. 70), and a proximal suture (128) having a proximal end and a distal end (fig. 70), with an enlargement (sliding knot, annotated fig. 70) formed at the distal end (fig. 70), wherein the proximal suture extends through a vertical bore (includes holes 32 of implant, see fig. 29) of the proximal anchor (fig.70), through the eyelet of the distal suture (fig. 70), back through the vertical bore of the proximal anchor (fig. 70, loops back through holes formed in anchor), with a loop of the proximal suture extending through the eyelet of the distal suture (fig. 70), for the purpose of facilitating secure positioning of the implants and proper healing of the patient’s body by allowing the sutures to slide relative to the implants to provide adjustable tensioning (para. [0193]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the suture of Sorensen to have a proximal suture and a distal suture looped through the proximal anchor as claimed, in order to allow for adjustable tensioning of the anchors relative to each other through the sutures, which would facilitate secure positioning of the anchors and proper healing of the patient by allowing the sutures to slide relative to each other, based on the suggestions and teachings of Sengun (para. [0193]).
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Annotated Figure 70 of Sengun
Regarding claim 2, Sorensen (as modified) teaches the apparatus of claim 1. Sorensen further discloses wherein said distal anchor further comprises a horizontally-extending slot (75) in communication with said vertical bore and said inclined distal surface (para. [0093]; fig. 10).
Regarding claim 3, Sorensen (as modified) teaches the apparatus of claim 1. Sorensen further discloses wherein said distal anchor further comprises a notch (85) formed adjacent to said proximal end of said distal anchor (para. [0093]), whereby to form a pointed heel (87) at said proximal end of said distal anchor (fig. 10).
Regarding claim 4, Sorensen (as modified) teaches the apparatus of claim 1. Sorensen further discloses further comprising an inserter (15, para. [0091]), said inserter comprising: a handle (200, para. [0096]; figs. 26-28); a tube (shaft 195 comprising hollow tube, para. [0097]) mounted to said handle and extending distally therefrom (fig. 26), said tube being sized to receive said distal anchor and said proximal anchor (lumen 220 receives distal and proximal anchor, para. [0097]); a push rod (205) slidably disposed within said tube (para. [0099]); and a suture sled (280) movably mounted in a slot (275) in said handle (para. [0098]), said suture sled comprising means for releasably securing (suture cleats 290, which correspond to the structure disclosed for the means for releasably securing the suture interpreted under 112(f)) said proximal suture to said suture sled (para. [0098]).
Regarding claim 6, Sorensen (as modified) teaches the apparatus of claim 4. Sorensen further discloses wherein said tube comprises an elongated opening for accommodating said suture (claim 11).
Regarding claim 7, Sorensen (as modified) teaches the apparatus of claim 6. Sorensen further discloses wherein said handle comprises a passageway (270) extending between said slot and said tube (para. [0098]).
Regarding claim 11, Sorensen (as modified) teaches the apparatus of claim 1. Sorensen further discloses wherein said distal end of said body comprises an inclined distal end surface (fig. 5).
Regarding claim 12, Sorensen (as modified) teaches the apparatus of claim 1. Sorensen further discloses wherein said distal end of said flexible finger is spaced from said opposing portion of said body by a distance which is less than the diameter of the proximal suture (para. [0188]), such that said flexible finger applies a compressive force against the proximal suture when the proximal suture extends between said flexible finger and said opposing portion of said cylindrical body (applies compressive force to suture, para. [0188]).
Regarding claim 13, Sorensen (as modified) teaches the apparatus of claim 12. Sorensen further discloses wherein the distance is approximately 50% of the width of the suture (diameter of suture is approximately twice the size of the gap, such that distance is half the size of the suture, para. [0188]).
Regarding claim 14, Sorensen (as modified) teaches the apparatus of claim 1. Sorensen further discloses wherein said proximal anchor further comprises a horizontally-extending slot (151A) formed in said proximal anchor and in communication with said vertical bore and said recess (para. [0187]).
Regarding claim 15, Sorensen (as modified) teaches the apparatus of claim 14. Sorensen further discloses wherein said horizontally-extending slot comprises a wider outer portion (156A) and a narrower inner portion (161A).
Regarding claim 16, Sorensen (as modified) teaches the apparatus of claim 15. Sorensen further discloses wherein the wider outer portion is sized to slidably receive the proximal suture (para. [0187]), and further wherein the narrower inner portion is sized to snugly receive the proximal suture (para. [0187]).
Regarding claim 17, Sorensen (as modified) teaches the apparatus of claim 4. Sorensen further discloses wherein said handle comprises a distal end (235) and a proximal end (240), wherein said tube extends distally from said distal end of said handle (fig. 26), and further wherein a thumb button (310, para. [0099]) is disposed on said proximal end of said handle (fig. 27), said thumb button being configured to selectively move said push rod distally when said thumb button is moved distally (para. [0099]).
Regarding claim 20, Sorensen discloses (abstract; paras. [0092]-[0190]; figs. 1-86) a method for connecting a first object to a second object (para. [0102]), said method comprising:
providing apparatus (anchor assembly 10) comprising:
a distal anchor (20, para. [0092]; fig. 5) comprising a generally cylindrical body (35, para. [0093]), a distal end (40) and a proximal end (45), wherein said distal end comprises an inclined distal end surface (60), and a vertical bore (70) extending through said generally cylindrical body (fig. 10), perpendicular to the longitudinal axis of said generally cylindrical body (fig. 10);
a distal suture (30, para. [0095]) having a proximal end (190) and a distal end (180), with an enlargement (185) formed at said distal end (fig. 5), wherein said suture extends through said vertical bore of said distal anchor (fig. 6);
a proximal anchor (25A, para. [0186]; figs. 71-72) comprising a generally cylindrical body (90A, para. [0187]), a distal end (95A) and a proximal end (100A), a vertical bore (126A) extending through said generally cylindrical body (fig. 71), perpendicular to the longitudinal axis of said generally cylindrical body (fig. 72), a recess (131A) formed on one side of said generally cylindrical body (fig. 72) and a U-shaped slot (136A) formed on the opposing side of said generally cylindrical body (figs. 71-72), whereby to form a flexible finger (141A) extending distally within said generally cylindrical body (fig. 71), and further wherein said distal end of said finger is spaced from an opposing portion of said generally cylindrical body (forms gap 142A, para. [0187]); and
the suture extends through said vertical bore of said proximal anchor (figs. 71-72), through said recess of said proximal bore and through said U-shaped slot of said proximal anchor (fig. 72);
advancing said distal anchor into the first object (para. [0103]), with said distal suture, and said enlargement of said distal suture advancing with said distal anchor (distal anchor advanced out of shaft with ball 185 and suture 30, para. [0106]);
while holding said distal suture and said enlargement in place, further advancing said distal anchor so that said inclined distal end surface of said distal anchor engages said enlargement and causes said distal anchor to turn relative to the first object (distal anchor 20 pivots on ball 185, para. [0106]);
advancing said proximal anchor into the second object (ejected into far side of fissure, para. [0110]);
pulling proximally on the suture so as to cause said proximal anchor to turn relative to the second object (suture 30 pulled proximally to cause proximal anchor 25 to turn, para. [0110]); and
pulling proximally on said proximal end of said suture so as reduce the amount of suture extending between the first object and the second object (suture pulled taut, considered to reduce amount of suture extending between distal and proximal anchors, para. [0110]).
However, Sorensen fails to disclose the distal suture having an eyelet formed at the proximal end; and a proximal suture having a proximal end and a distal end, with an enlargement formed at said distal end, wherein said proximal suture extends through said eyelet of said distal suture, back through said vertical bore of said proximal anchor, with a loop of proximal suture extending through said eyelet of said distal suture; advancing said distal anchor into the first object, with said distal suture, said enlargement of said distal suture and said loop of proximal suture advancing with said distal anchor; pulling proximally on the said loop of proximal suture so as to cause said proximal anchor to turn relative to the second object; and pulling proximally on said proximal end of said proximal suture so as reduce the amount of suture extending between the first object and the second object.
Sengun teaches (paras. [0192]-[0194] and [0217]; figs. 29 and 70), in the same field of endeavor, an apparatus for attaching a first object to a second object (facilitates meniscal repair, abstract) comprising a distal anchor (26) and a proximal anchor (10), and further teaches a distal suture (annotated fig. 70) having an eyelet (annotated fig. 70) formed at the proximal end (fig. 70), and a proximal suture (128) having a proximal end and a distal end (fig. 70), with an enlargement (sliding knot, annotated fig. 70) formed at the distal end (fig. 70), wherein the proximal suture extends through a vertical bore (includes holes 32 of implant, see fig. 29) of the proximal anchor (fig.70), through the eyelet of the distal suture (fig. 70), back through the vertical bore of the proximal anchor (fig. 70, loops back through holes formed in anchor), with a loop of the proximal suture extending through the eyelet of the distal suture (fig. 70), for the purpose of facilitating secure positioning of the implants and proper healing of the patient’s body by allowing the sutures to slide relative to the implants to provide adjustable tensioning (para. [0193]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the suture of Sorensen to have a proximal suture and a distal suture looped through the proximal anchor as claimed, in order to allow for adjustable tensioning of the anchors relative to each other through the sutures, which would facilitate secure positioning of the anchors and proper healing of the patient by allowing the sutures to slide relative to each other, based on the suggestions and teachings of Sengun (para. [0193]).
Sorensen (as modified) further teaches advancing said distal anchor into the first object, with said distal suture, said enlargement of said distal suture and said loop of proximal suture advancing with said distal anchor (combination further teaches proximal and distal suture, such that the loop of proximal suture would be advanced with distal anchor during use); pulling proximally on the said loop of proximal suture so as to cause said proximal anchor to turn relative to the second object (combination further teaches anchor assembly including proximal suture, considered to be pulled similar to suture 30 to cause turning of proximal anchor); and pulling proximally on said proximal end of said proximal suture so as reduce the amount of suture extending between the first object and the second object (combination further teaches anchor assembly including proximal suture, considered to be pulled taut similar to suture 30 to reduce amount of suture extending between each side of the fissure).
Regarding claim 21, Sorensen (as modified) teaches the method of claim 20. Sorensen further discloses wherein said distal anchor is set within the first object (para. [0106]).
Regarding claim 22, Sorensen (as modified) teaches the method of claim 20. Sorensen further discloses wherein said proximal anchor is set within the second object (proximal anchor sets during deployment, para. [0094]).
Regarding claim 23, Sorensen (as modified) teaches the method of claim 20. Sorensen further discloses wherein the first object comprises one of a vertebral disc (325, para. [0103]), a vertebral body and a mass of soft tissue, and the second object comprises one of a vertebral disc, a vertebral body and a mass of soft tissue (paras. [0103]-[0105]).
Regarding claim 24, Sorensen (as modified) teaches the method of claim 20. Sorensen further discloses wherein said proximal suture captures a third object (may capture a lead, paras. [0176]-[0184]) relative to the first object and the second object (figs. 63-70).
Regarding claim 25, Sorensen (as modified) teaches the method of claim 24. Sorensen further discloses wherein the third object comprises a sensory nerve stimulator lead (paras. [0176]-[0184]).
Regarding claim 26, Sorensen discloses (abstract; paras. [0092]-[0190]; figs. 1-86) an apparatus (anchor assembly 10) for attaching a suture to an object (paras. [0092] and [0102]), said apparatus comprising:
an anchor (20, para. [0092]; fig. 5) comprising a generally cylindrical body (35, para. [0093]), a distal end (40) and a proximal end (45), wherein said distal end comprises an inclined distal end surface (60), and a vertical bore (70) extending through said generally cylindrical body (fig. 10), perpendicular to the longitudinal axis of said generally cylindrical body (fig. 10); and
a suture (30, para. [0095]) having a proximal end (190) and a distal end (180), with an enlargement (185) formed at said distal end (fig. 5), wherein said suture extends through said vertical bore of said anchor (fig. 6).
However, Sorensen fails to disclose the suture having an eyelet formed at the proximal end.
Sengun teaches (paras. [0192]-[0194] and [0217]; figs. 29 and 70), in the same field of endeavor, an apparatus for attaching a suture to an object (facilitates meniscal repair, abstract) comprising an anchor (26), and further teaches a suture (annotated fig. 70) having an eyelet (annotated fig. 70) formed at the proximal end (fig. 70), for the purpose of facilitating secure positioning of the implants and proper healing of the patient’s body by allowing the sutures to slide relative to the implants to provide adjustable tensioning (para. [0193]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the suture of Sorensen to have an eyelet on its proximal end, in order to allow for adjustable tensioning of the anchors relative to each other through distinct sutures, which would facilitate secure positioning of the anchors and proper healing of the patient by allowing the sutures to slide relative to each other and cinch appropriately around the anchors, based on the suggestions and teachings of Sengun (paras. [0180] and [0193]).
Regarding claim 27, Sorensen (as modified) teaches the apparatus of claim 26. Sorensen further discloses wherein said anchor further comprises a horizontally-extending slot (75) in communication with said vertical bore and said inclined distal surface (para. [0093]; fig. 10).
Regarding claim 28, Sorensen discloses (abstract; paras. [0092]-[0190]; figs. 1-86) a method for attaching a suture to an object (paras. [0092] and [0102]), said method comprising:
providing apparatus (anchor assembly 10) comprising:
an anchor (20, para. [0092]; fig. 5) comprising a generally cylindrical body (35, para. [0093]), a distal end (40) and a proximal end (45), wherein said distal end comprises an inclined distal end surface (60), and a vertical bore (70) extending through said generally cylindrical body (fig. 10), perpendicular to the longitudinal axis of said generally cylindrical body (fig. 10); and
a suture (30, para. [0095]) having a proximal end (190) and a distal end (180), with an enlargement (185) formed at said distal end (fig. 5), wherein said suture extends through said vertical bore of said anchor (fig. 6);
advancing said anchor into said object (para. [0103]), with said suture, and said enlargement advancing with said anchor (distal anchor advanced out of shaft with ball 185 and suture 30, para. [0106]);
while holding said suture and said enlargement in place, further advancing said anchor so that said inclined distal end surface of said anchor engages said enlargement and causes said anchor to turn relative to said object (distal anchor 20 pivots on ball 185, para. [0106]).
However, Sorensen fails to disclose the suture having an eyelet formed at the proximal end; advancing said anchor into said object, with said suture, said enlargement and said eyelet advancing with said anchor; while holding said suture, said enlargement and said eyelet in place, further advancing said anchor so that said inclined distal end surface of said anchor engages said enlargement and causes said anchor to turn relative to said object.
Sengun teaches (paras. [0192]-[0194] and [0217]; figs. 29 and 70), in the same field of endeavor, an apparatus for attaching a suture to an object (facilitates meniscal repair, abstract) comprising an anchor (26), and further teaches a suture (annotated fig. 70) having an eyelet (annotated fig. 70) formed at the proximal end (fig. 70), for the purpose of facilitating secure positioning of the implants and proper healing of the patient’s body by allowing the sutures to slide relative to the implants to provide adjustable tensioning (para. [0193]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the suture of Sorensen to have an eyelet on its proximal end, in order to allow for adjustable tensioning of the anchors relative to each other through distinct sutures, which would facilitate secure positioning of the anchors and proper healing of the patient by allowing the sutures to slide relative to each other and cinch appropriately around the anchors, based on the suggestions and teachings of Sengun (paras. [0180] and [0193]).
Sorensen (as modified) further teaches advancing said anchor into said object, with said suture, said enlargement and said eyelet advancing with said anchor (combination further teaches suture including an eyelet at its proximal end and therefore considered to be advanced on suture 30); while holding said suture, said enlargement and said eyelet in place, further advancing said anchor so that said inclined distal end surface of said anchor engages said enlargement and causes said anchor to turn relative to said object (distal movement of suture 30 and ball 185 inhibited to cause distal anchor 20 to pivot, combination considered to further teach eyelet of suture 30 prevented from movement and held in place, para. [0106]).
Claim(s) 5 is rejected under 35 U.S.C. 103 as being unpatentable over Sorensen in view of Sengun as applied to claim 4 above, and further in view of Yeung (US 6530933 B1).
Regarding claim 5, Sorensen (as modified) teaches the apparatus of claim 4.
Sorensen further discloses wherein said distal anchor is releasably disposed within said tube (para. [0097]).
However, Sorensen (as modified) fails to teach wherein said proximal anchor is releasably disposed within said suture sled.
Yeung teaches (col. 19 lines 1-53; figs. 3-4), in the same field of endeavor, an apparatus comprising a suture sled (cartridge 7), wherein a proximal anchor is releasably disposed within the suture sled (depicted in figs. 3-4), for the purpose of providing the capability of delivering anchors with a curved shape, which can be resiliently straightened within the lumen of the needle, and resume their original shape upon deployment (col. 19 lines 20-53).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the suture sled of Sorensen (as modified) to have a hollow lumen for receipt of the proximal anchor, in order to provide the capability of delivering anchors with a curved shape, which would constrain the shape of the anchors within the device, but allow the anchor to return to their original shape upon rotation/deployment through the suture sled, based on the suggestions and teachings of Yeung (col. 19 lines 20-53).
Claim(s) 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Sorensen in view of Sengun as applied to claim 1 above, and further in view of Fallin (US 2005/0288711 A1).
Regarding claim 8, Sorensen (as modified) teaches the apparatus of claim 1.
However, Sorensen (as modified) fails to teach wherein at least one of said flexible finger and said cylindrical body comprises a cutout extending therethrough, with said cutout cooperating with said U-shaped slot and said recess so as to together form a suture loading hole extending through said cylindrical body, with said suture loading hole being sized to receive a suture therein.
Fallin teaches (paras. [0042]-[0060]; figs. 1-4b), in the same field of endeavor, an apparatus for attaching a first object to a second object (para. [0041]) comprising an anchor (line lock 10) comprising a generally cylindrical body (12, fig. 4b) and a slot (34) formed in the body (figs. 4a-b), and further teaches wherein the slot comprises a cutout extending therethrough (32, figs. 1-2), the cutout forming a suture loading hole extending through the body (figs. 4a-b), with the suture loading hole being sized to receive a suture therein (figs. 4a-b), for the purpose of decreasing frictional resistance on the line and enabling easy feeding of the line into and through the corresponding working passageways (paras. [0047] and [0060]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the flexible finger of Sorensen (as modified) to further include a cutout cooperating with the U-shaped slot and the recess to form a suture loading hole, in order to decrease frictional resistance on the suture and enable easy feeding of the suture into and through the corresponding working passageways when desired, based on the suggestions and teachings of Fallin (paras. [0047] and [0060]).
Regarding claim 9, Sorensen (as modified) teaches the apparatus of claim 1. Sorensen (as modified) further teaches wherein said cutout is formed in said flexible finger (combination further teaches the cutout formed in the flexible finger).
Regarding claim 10, Sorensen (as modified) teaches the apparatus of claim 1. Sorensen (as modified) further teaches wherein said cutout extends substantially perpendicular to the longitudinal axis of said cylindrical body (depicted in figs. 4a-b of Fallin, combination considered to include cutout extending perpendicularly on flexible finger).
Claim(s) 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Sorensen in view of Sengun as applied to claim 17 above, and further in view of Lee (US 2006/0258977 A1).
Regarding claim 18, Sorensen (as modified) teaches the apparatus of claim 17.
Sorensen further discloses wherein said handle comprises at least one flat edge (proximal end of handle, fig. 27) and said thumb button comprises a stop (315, para. [0099]) extending distally from said thumb button (fig. 27).
However, Sorensen (as modified) fails to teach wherein said thumb button is rotatably mounted to said handle, and further wherein said thumb button can only be moved distally when said stop is aligned with said at least one flat edge of said handle.
Lee teaches (paras. [0040]-[0046]; figs. 3 and 6-7), in the analogous art of the claimed invention, a syringe comprising a handle (wall 50 of piston 30) comprising at least one flat edge (annotated fig. 6) and a thumb button (gripping handle 64) comprising a stop (68), and further teaches wherein the thumb button is rotatably mounted to the handle (rotates piston 60, para. [0047]), and further wherein the thumb button can only be moved distally when the stop is aligned with the at least one flat edge of the handle (projection 68 has to be aligned with groove in order for gripping handle 64 to be pushed distally through longitudinal portion 39, paras. [0046]-[0047]; annotated fig. 6).
Sorensen (as modified) teaches an apparatus including a thumb button and a stop upon which the claimed invention (the thumb button being rotatably mounted to the handle and only moved distally when a stop is aligned with a flat edge of the handle) can be seen as an “improvement” (Sorensen (as modified) only provides two-staged movement of the thumb button requiring detachment of the stop 315).
Lee teaches a handle having two-staged movement utilizing a stop, using a known technique that is applicable to the apparatus of Sorensen (as modified), namely, the technique of having two-staged movement of the thumb button incorporated into the device itself, without requiring an additional, removable stop to be removed, which still allows for movement of the thumb button to be stopped in an intermediate position before continuing distal movement through the use of rotation.
Thus, it would have been recognized by one of ordinary skill in the art that applying the known technique taught by Lee to the apparatus of Sorensen (as modified) would have yielded predicable results and resulted in an improved system, namely, a system that would allow for two-staged distal movement of the thumb button in Sorensen (as modified) to deploy a distal/proximal anchor, that is not dependent upon an additional, removable stop being removed to prevent the thumb button from further distal movement.
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Annotated Figure 6 of Lee
Regarding claim 19, Sorensen (as modified) teaches the apparatus of claim 18. Sorensen (as modified) further teaches wherein said thumb button is locked against rotation relative to said handle until said thumb button is pulled proximally (combination further teaches thumb button locked against rotation when traveling within portions 36 and 39 of groove 34, but capable of being pulled proximally to dislodge projection 68 from grooves, since the vertical nature of these portions prevent projection 68 from rotating, para. [0047]; figs. 3 and 6).
Claim(s) 29 and 31 are rejected under 35 U.S.C. 103 as being unpatentable over Sorensen in view of Yeung.
Regarding claim 29, Sorensen discloses (abstract; paras. [0092]-[0190]; figs. 1-86) an apparatus (anchor assembly 10) for inserting a distal anchor into the first object and a proximal anchor into the second object (para. [0102]), wherein a length of suture (30) connects the distal anchor to the proximal anchor (fig. 3), the apparatus comprising:
handle (200, para. [0096]; figs. 26-28);
a tube (shaft 195 comprising hollow tube, para. [0097]) mounted to said handle and extending distally therefrom (fig. 26), said tube being sized to receive the distal anchor and the proximal anchor (lumen 220 receives distal and proximal anchor, para. [0097]);
a push rod (205) slidably disposed within said tube (para. [0099]); and
a suture sled (280) movably mounted to said handle (slidably received in handle, para. [0098]), said suture sled comprising a suture cleat (290, para. [0098]) mounted to the cylindrical body for releasably securing the suture to said suture sled (para. [0098]), wherein the suture sled is configured to be moved between a first position and a second position (moves distally along handle, para. [0106]).
However, Sorensen fails to disclose the suture sled comprising a cylindrical body having a hollow lumen for receiving the proximal anchor, wherein the suture sled is configured to be moved between a first position in which the suture sled is vertically offset from the tube, and a second position in which the suture sled is aligned with the tube.
Yeung teaches (col. 19 lines 1-53; figs. 3-4), in the same field of endeavor, an apparatus comprising a suture sled (cartridge 7) comprising a cylindrical body (fig. 3) having a hollow lumen (fig. 3) for receiving a proximal anchor (receives fastener 13), wherein the suture sled is configured to be moved between a first position in which the suture sled is vertically offset from the tube (depicted in fig. 3), and a second position in which the suture sled is aligned with the tube (aligned with the longitudinal axis of needle 1, depicted in fig. 4), for the purpose of providing the capability of delivering anchors with a curved shape, which can be resiliently straightened within the lumen of the needle, and resume their original shape upon deployment (col. 19 lines 20-53).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the suture sled of Sorensen (as modified) to have a hollow lumen for receipt of the proximal anchor and the capability of moving between a vertically offset position from the tube and an aligned position from the tube, in order to provide the capability of delivering anchors with a curved shape, which would constrain the shape of the anchors within the device, but allow the anchor to return to their original shape upon rotation/deployment through the suture sled, based on the suggestions and teachings of Yeung (col. 19 lines 20-53).
Regarding claim 31, Sorensen discloses (abstract; paras. [0092]-[0190]; figs. 1-86) a method for connecting a first object to a second object (para. [0102]), said method comprising:
providing apparatus (anchor assembly 10) for inserting a distal anchor into the first object and a proximal anchor into the second object (para. [0102]), wherein a length of suture (30) connects the distal anchor to the proximal anchor (fig. 3), the apparatus comprising:
a handle (200, para. [0096]; figs. 26-28);
a tube (shaft 195 comprising hollow tube, para. [0097]) mounted to said handle and extending distally therefrom (fig. 26), said tube being sized to receive the distal anchor and the proximal anchor (lumen 220 receives distal and proximal anchor, para. [0097]);
a push rod (205) slidably disposed within said tube (para. [0099]); and
a suture sled (280) movably mounted to said handle (slidably received in handle, para. [0098]), said suture sled comprising a suture cleat (290, para. [0098]) mounted to the cylindrical body for releasably securing the suture to said suture sled (para. [0098]), wherein the suture sled is configured to be moved between a first position and a second position (moves distally along handle, para. [0106]);
positioning said distal anchor in the tube (paras. [0102]-[0106]; fig. 28);
advancing said distal anchor into the first object (paras. [0102]-[0105]); and
advancing said proximal anchor into the second object (paras. [0102]-[0105]).
However, Sorensen fails to disclose said suture sled comprising a cylindrical body having a hollow lumen for receiving the proximal anchor; wherein the suture sled is configured to be moved between a first position in which the suture sled is vertically offset from the tube, and a second position in which the suture sled is aligned with the tube; positioning the proximal anchor in the suture sled, with the suture sled disposed in its first position; moving the suture sled from its first position to its second position.
Yeung teaches (col. 19 lines 1-53; figs. 3-4), in the same field of endeavor, an apparatus comprising a suture sled (cartridge 7) comprising a cylindrical body (fig. 3) having a hollow lumen (fig. 3) for receiving a proximal anchor (receives fastener 13), wherein the suture sled is configured to be moved between a first position in which the suture sled is vertically offset from the tube (depicted in fig. 3), and a second position in which the suture sled is aligned with the tube (aligned with the longitudinal axis of needle 1, depicted in fig. 4), positioning the proximal anchor in the suture sled (fig. 3), with the suture sled disposed in its first position (depicted in fig. 3), and moving the suture sled from its first position to its second position (figs. 3-4), for the purpose of providing the capability of delivering anchors with a curved shape, which can be resiliently straightened within the lumen of the needle, and resume their original shape upon deployment (col. 19 lines 20-53).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the suture sled of Sorensen (as modified) to have a hollow lumen for receipt of the proximal anchor and the capability of moving between a vertically offset position from the tube and an aligned position from the tube, in order to provide the capability of delivering anchors with a curved shape, which would constrain the shape of the anchors within the device, but allow the anchor to return to their original shape upon rotation/deployment through the suture sled, based on the suggestions and teachings of Yeung (col. 19 lines 20-53).
Claim(s) 30 is rejected under 35 U.S.C. 103 as being unpatentable over Sorensen in view of Yeung as applied to claim 29 above, and further in view of Harrison (US 2016/0000422 A1).
Regarding claim 30, Sorensen (as modified) teaches the apparatus of claim 29.
However, Sorensen (as modified) fails to teach wherein the handle comprises at least one snap collar for supporting the suture sled.
Harrison teaches (para. [0108]; figs. 1a-3a), in the same field of endeavor, an apparatus comprising a suture sled (cartridge 100, para. [0102]) and a handle (handle of surgical suturing instrument), wherein the handle comprises at least one snap collar for supporting the suture sled (cartridge 100 includes recess for receiving suturing instrument to snap onto suturing instrument, therefore instrument is considered to include a snap collar to fit within recess of cartridge 100, para. [0108]), for the purpose of providing a locking mechanism to lock the cartridge in an aligned position (para. [0108]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the handle of Sorensen (as modified) to include a snap collar, in order to lock the suture sled in a specific position when desired, based on the suggestions and teachings of Harrison (para. [0108]).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 26 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 12 of U.S. Patent No. 10,786,235 B2 to Sorensen in view of Bentley (US 2012/0283835 A1) and Sengun.
Regarding claim 26, Sorensen claims the apparatus of claim 26 (claim 12 of Sorensen), but does not claim the anchor comprising an inclined distal end surface; and the suture having an eyelet formed at the proximal end.
Bentley teaches an anchor comprising an inclined distal end surface (tapered ends 64, 66), for the purpose of providing ease of insertion into bone (para. [0050]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of claim 26 to include the anchor having an inclined distal end surface, in order to provide ease of insertion into bone, based on the teachings of Bentley (para. [0050]).
Sorensen (as modified) still fails to claim the suture having an eyelet formed at the proximal end.
Sengun teaches a distal suture (annotated fig. 70) having an eyelet (annotated fig. 70) formed at the proximal end (fig. 70), for the purpose of facilitating secure positioning of the implants and proper healing of the patient’s body by allowing the suture to slide relative to the implants to provide adjustable tensioning (para. [0193]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of claim 26 to include an eyelet at the proximal end of the suture, in order to allow for adjustable tensioning of the anchor, which would facilitate secure positioning of the anchor and proper healing of the patient by allowing the suture to slide, based on the suggestions and teachings of Sengun (para. [0193]).
Claims 26-28 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 18 of U.S. Patent No. 9,949,734 B2 to Sorensen in view of Sengun.
Regarding claim 26, Sorensen claims the apparatus of claim 26 (claim 1 of Sorensen), but fails to claim the suture having an eyelet formed at the proximal end.
Sengun teaches a distal suture (annotated fig. 70) having an eyelet (annotated fig. 70) formed at the proximal end (fig. 70), for the purpose of facilitating secure positioning of the implants and proper healing of the patient’s body by allowing the suture to slide relative to the implants to provide adjustable tensioning (para. [0193]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of claim 26 to include an eyelet at the proximal end of the suture, in order to allow for adjustable tensioning of the anchor, which would facilitate secure positioning of the anchor and proper healing of the patient by allowing the suture to slide, based on the suggestions and teachings of Sengun (para. [0193]).
Regarding claim 27, Sorensen (as modified) claims the apparatus of claim 27 (claim 11 of Sorensen).
Regarding claim 28, Sorensen claims the method of claim 28 (claim 18 of Sorensen), but does not claim the suture having an eyelet formed at the proximal end; the eyelet advancing with the anchor; while holding the eyelet in place, further advancing the anchor.
Sengun teaches a distal suture (annotated fig. 70) having an eyelet (annotated fig. 70) formed at the proximal end (fig. 70), for the purpose of facilitating secure positioning of the implants and proper healing of the patient’s body by allowing the suture to slide relative to the implants to provide adjustable tensioning (para. [0193]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of claim 28 to include an eyelet at the proximal end of the suture, in order to allow for adjustable tensioning of the anchor, which would facilitate secure positioning of the anchor and proper healing of the patient by allowing the suture to slide, based on the suggestions and teachings of Sengun (para. [0193]).
Sorensen (as modified) further teaches the eyelet advancing with the anchor; while holding the eyelet in place, further advancing the anchor (combination further teaches eyelet of suture advanced with anchor).
Conclusion
This is a continuation of applicant's earlier Application No. 17/471,046. All claims are identical to, patentably indistinct from, or have unity of invention with the invention claimed in the earlier application (that is, restriction (including lack of unity) would not be proper) and could have been finally rejected on the grounds and art of record in the next Office action if they had been entered in the earlier application. Accordingly, THIS ACTION IS MADE FINAL even though it is a first action in this case. See MPEP § 706.07(b). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIGID K BYRD whose telephone number is (571)272-7698. The examiner can normally be reached Mon-Fri 8:00-5:00.
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/BRIGID K BYRD/Examiner, Art Unit 3771
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