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 .
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
Applicant is reminded to avoid using the phrase “is disclosed” set forth in line 1 of their abstract.
Claim Objections
Claim 24 is objected to because of the following informalities: Applicant uses the phrase “a second direction”. This should read “the second direction” as the second direction is set forth in independent claim 19. Appropriate correction is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 19-34 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Burroughs, III (US 2012/0283793).
Regarding claim 19, Burroughs, III discloses a method of harvesting a tendon graft from a native tendon with a guide (72) and a harvesting instrument (50, figure 2 or alternatively 50A, figure 16A/150, figure 17) comprising inserting a tapered end (80, figure 9) of an elongate body (76) of the guide subcutaneously through a skin opening (100, figure 14) adjacent a patella and then along the native tendon so that the elongate body is aligned with a longitudinal axis of the native tendon (102, figure 14, figure 10); inserting a blade (58, figure 2/58A, figure 16A/154, figure 17) of the harvesting instrument through the opening and engaging the harvesting instrument with the guide (figures 9-10, 14, ¶36), and while engaged; inserting the blade into the native tendon in a first direction (figure 10) and with the blade inserted, advancing the harvesting instrument along the native tendon longitudinal axis in a second direction (112, figure 14, ¶41-42, ¶45), to form a side surface of the tendon graft (112 + 114, figure 14, ¶41-42, ¶45).
Regarding claim 20, Burroughs, III discloses the guide defines both a depth of insertion in the first direction and a trajectory of the blade along the native tendon longitudinal axis (figures 8-9, ¶36, ¶45).
Regarding claim 21, Burroughs, III discloses inserting the tapered end of the elongate body of the guide subcutaneously and along the native tendon concomitantly retracts a tissue adjacent the native tendon (via spacer 74, ¶35, ¶44-45).
Regarding claim 22, Burroughs, III discloses inserting the blade pierces a superior external surface of the native tendon (figures 10-11, 15).
Regarding claim 23, Burroughs, III discloses the harvesting instrument includes a second blade (60/60A), laterally spaced from the blade (figures 2/16A) and wherein inserting the blade also inserts the second blade into the native tendon in the first direction, and wherein advancing the harvesting instrument forms a second side surface of the tendon graft (figures 10-11, 15).
Regarding claim 24, Burroughs, III discloses advancing the harvesting instrument along the native tendon longitudinal axis in the second direction defines a length of the tendon graft (¶39, ¶41-42, ¶45, 112 + 114, figure 14).
Regarding claim 25, Burroughs, III discloses after inserting the blade into the native tendon and advancing the harvesting instrument along the native tendon longitudinal axis, transecting the native tendon at a location adjacent the guide tapered end, forming an end surface of the tendon graft (112, figure 14, ¶39, ¶41-32, ¶45). Regarding claim 26, Burroughs, III discloses rotating a handle of the harvesting instrument to insert the blade into the native tendon (¶42 as the cautery tip is rotated the handling portion aka handle will be rotated as well).
Regarding claim 27, Burroughs, III discloses inserting the blade into the native tendon moves the blade from being superior to and external to the native tendon superior surface, through the native tendon superior surface (figure 10, ¶36-37).
Regarding claim 28, Burroughs, III discloses a method of harvesting a tendon graft from a native tendon with a guide (72) and a harvesting instrument (50, figure 2or alternatively 50A. figure 16/150, figure 17) comprising inserting a tapered end (80, figure 9) of an elongate body (76) of the guide subcutaneously through a skin opening (100, figure 14) adjacent a patella and then along the native tendon so that the elongate body is aligned with a longitudinal axis of the native tendon (102, figure 14, figure 10); inserting a blade (58, figure 2/58A, figure 16A/154, figure 17) of the harvesting instrument through the skin opening and engaging the harvesting instrument with the guide (104, figure 14, ¶36, figures 9-10, 16A), and while engaged; rotating the harvesting instrument to pierce a superior surface of the native tendon with the blade and with the blade inserted into the native tendon (¶41-42 the scissoring rotates), advancing the harvesting instrument along the native tendon longitudinal axis in a second direction, to form a side surface of the tendon graft (figures 10-11, 15).
Regarding claim 29, Burroughs, III discloses the guide defines both a depth of insertion of the blade in the first direction and a trajectory of the blade along the native tendon longitudinal axis (figures 8-9, ¶36, ¶45). Regarding claim 30, Burroughs, III discloses the guide defines both a thickness of the side surface and a trajectory of the side surface that is formed (figures 8-9, ¶36, ¶45).
Regarding claim 31, Burroughs, III disclose inserting the tapered end of the elongate body of the guide subcutaneously and along the native tendon concomitantly retracts a tissue adjacent the native tendon (via spacer 74, ¶35, ¶44-45). Regarding claim 32, Burroughs, III disclose the harvesting instrument includes a second blade (60/60A), laterally spaced from the blade (figures 2, 16A) and wherein rotating the harvesting instrument also pierces the superior surface of the native tendon with the second blade, and wherein advancing the harvesting instrument forms a second side surface of the tendon graft (figures 10-11, 15).
Regarding claim 33, Burroughs, III disclose advancing the harvesting instrument along the native tendon longitudinal axis in the second direction defines a length of the tendon graft (¶32, ¶41-42, ¶45 112 + 114, figure 14).
Regarding claim 34, Burroughs, III discloses transecting the native tendon at a location adjacent the guide tapered end, forming an end surface of the tendon graft (112, figure 14 ¶39, ¶41-42, ¶45).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW JAMES LAWSON whose telephone number is (571)270-7375. The examiner can normally be reached Mon - Fri 6:30-3:00. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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/MATTHEW J LAWSON/Primary Examiner, Art Unit 3619