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 .
Claim Objections
Claim 5 is objected to because of the following informalities: In line 1, “moving” should read “removing”. 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 1-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rush et al. (US 2015/0127026).
Regarding claim 1, an invention relating to needle manipulator, Rush discloses (Figs. 4D, 7B, 8A) a method of fixating soft tissue at a soft tissue repair site (Abstract & Par. 0003), the method comprising: inserting multiple passer devices (24) into soft tissue such that each of the passer devices hold a first suture (58) along a recess (91) defined along an elongated structure (97) of the passer devices (Figs. 7A-B); forming loops (60) with the first suture and the passer devices such that the loops extend alongside each one of the passer devices and on one side of the soft tissue (Fig. 4A & 7A; Par. 0038 & 0043); moving a second suture (62) through each of the loops (Par. 0045); withdrawing each of the passer devices from the soft tissue (Par. 0039); pulling a portion of the first suture to minimize a size of the loops so that the loops move adjacent the soft tissue on the one side of the soft tissue; and pulling ends of the second suture to a taut position (Par. 0039 & 0047).
Regarding claim 2, Rush discloses the method according to claim 1. Rush further discloses wherein the inserting comprises simultaneously inserting at least four passer devices into the soft tissue (Par. 0036).
Regarding claim 3, Rush discloses the method according to claim 1. Rush further discloses wherein the withdrawing comprises simultaneously withdrawing each of the passer devices (Par. 0036 & Claim 21).
Regarding claim 4, Rush discloses the method according to claim 1. Rush further discloses wherein the withdrawing comprises moving the passer devices from the loops of the first suture (Par. 0039).
Regarding claim 5, Rush discloses the method according to claim 1. Rush further discloses wherein the withdrawing comprises moving the first suture from the recess of each of the passer devices (Par. 0039 & 0043).
Regarding claim 6, Rush discloses the method according to claim 1. Rush further discloses wherein the inserting comprises pushing the first suture through the soft tissue with the passer devices to form the loops on the one side of the soft tissue (Par. 0045).
Regarding claim 7, Rush discloses the method according to claim 1. Rush discloses further comprising, subsequent to the inserting, pulling the first suture through the soft tissue with the passer devices (Par. 0043-0045).
Regarding claim 8, Rush discloses the method according to claim 1. Rush discloses (Figs. 1A & 4A) further wherein the moving comprises feeding the second suture through a channel (22) defined in a base member (18; Par. 0034).
Regarding claim 9, Rush discloses the method according to claim 1. Rush discloses (Figs. 4A & 7A) wherein the withdrawing comprises leaving a tip portion (99 & 101) of each of the passer devices within a base (18) member (Par. 0039).
Regarding claim 10, Rush discloses the method according to claim 1. Rush further discloses wherein the forming comprising forming the loops with self-expanding arms of each of the passer devices (Par. 0035).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Examiner Chima Igboko whose telephone number is (571)272-8422. The examiner can normally be reached on Monday-Friday 9:00am-6:00pm.
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Jackie Ho, at (571) 272-4696. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/C.U.I/ Examiner, Art Unit 3771
/ASHLEY L FISHBACK/Primary Examiner, Art Unit 3771 April 2, 2026