DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Election/Restrictions
Applicant's election with traverse of group (II) and claims 11 – 20 in the reply filed on 05/08/2026 is acknowledged. The traversal is on the ground(s) that there would be no serious search and/or examination burden in analyzing the pending claims. This is not found persuasive because The office is of the position that although there may be some overlap in search fields for searching the distinct inventions, there are different groups / sub-groups to be searched for a product and method of use (analogous/out-of-art groups / sub-groups vs. method only groups / sub-groups), as indicated on {pages 3 – 4 of the requirement for restriction / election}, which the office asserts to constitute a serious search burden in view of {MPEP 808.02}.
The requirement is still deemed proper and is therefore made FINAL.
Claims 1 – 10 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 05/08/2026.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of pre-AIA 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 –
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claim(s) 11 – 20 is/are rejected under pre-AIA 35 U.S.C. 102b as being anticipated by Stone et al. (US Pub. 2011/0160767 A1).
Claim 11, Stone discloses a method of providing a filamentary fixation device [abstract, Figs. 1 – 41, and ¶12], comprising:
positioning a filament [350] having a first end portion, a second end portion, and a central portion extending between the first end portion and the second end portion [end portions by 352 and 354, and a central portion of 350 extending between the ends] adjacent a fixation device [150] having a sidewall [defined by at least a portion of the wall of 150] and a hollow interior [longitudinal bore 158], the fixation device adapted to be implanted into a tissue of a patient in a first configuration [i.e. Fig.9D, first low profile folded configuration, ¶65 and ¶74];
threading, using a threading element [400], at least a portion of the filament through the sidewall and into at least a part of the hollow interior [threading through at least one of sidewall openings 160 and 162, and into at least a part of bore 158]; and
threading, using the threading element [400], the filament through an end of the fixation device [through at least one of ends 152 and 154] such that at least a portion of the filament is adapted to loop about at least a portion of an exterior of the fixation device [Figs. 9 – 10],
wherein in response to a tensioning of the filament, the filament is adapted to change the fixation device from the first configuration to a second configuration and secure a tissue engaged by the filament relative to the fixation device [Fig. 9E, ¶65 and ¶74, tightening the strand loop 300 deform the fixation device to a second configuration].
Stone discloses the limitations of claim 11, as above, and further, Stone discloses:
Claim 12, wherein the fixation device is formed of a flexible filament material [¶65 and ¶74, flexible anchor 150].
Claim 13, wherein prior to tensioning the filament, the fixation device forms a substantially cylindrical shape [Figs. 9A – 9C, and ¶65 and ¶74].
Claim 14, wherein the filament is adapted to be movable relative to the hollow interior in the first configuration or in the second configuration [Figs. 9, and ¶65 and ¶74].
Claim 15, wherein threading the filament comprises threading the second end portion relative to the first end portion to form the loop about at least the portion of the exterior of the fixation device [Figs. 9 – 10].
Claim 16, Stone discloses a method of implanting a device [abstract, Figs. 1 – 41, and ¶12], comprising:
receiving a device, the device comprising: a filament [350] having a first end portion, a second end portion, and a central portion, the central portion extending between the first end portion and the second end portion [end portions by 352 and 354, and a central portion of 350 extending between the ends]; and
a fixation device [flexible anchor 150] having a sidewall [defined by at least a portion of the wall of 150] and a hollow interior [longitudinal bore 158], at least a portion of the filament adapted to be positioned through the sidewall and within at least part of the hollow interior [through at least one of sidewall openings 160 and 162, and within at least a part of bore 158];
threading, using a threading element [400], at least a portion of the filament through at least a portion the fixation device [Figs. 6 – 10];
implanting the fixation device, with the filament threaded therethrough [Fig. 9D], into a first tissue of a patient in a first configuration [first low profile folded configuration, ¶65 and ¶74]; and
tensioning the second end portion of the filament relative to the first end portion of the filament, wherein in response to a tensioning of the filament, the fixation device is adapted to change from the first configuration to a second configuration and secure a second tissue of the patient engaged by the filament relative to the fixation device [Fig. 9E, ¶65 and ¶74, tightening the strand loop 300 deform the fixation device to a second configuration].
Stone discloses the limitations of claim 11, as above, and further, Stone discloses:
Claim 17, wherein the threading comprises threading at least a portion of the filament through the sidewall and into at least a part of the hollow interior [threading through at least one of sidewall openings 160 and 162, and into at least a part of bore 158].
Claim 18, wherein the threading comprises threading the second end portion through an end of the fixation device such that at least a portion of the filament is adapted to cross within the hollow interior [Figs. 9 – 10].
Claim 19, wherein the threading comprises threading the second end portion through an end of the fixation device such that at least a portion of the filament is adapted to form a loop about an exterior of the fixation device [Figs. 9 – 10].
Claim 20, wherein the threading comprises threading the second end portion through a first end and a second end of the fixation device such that at least a portion of the filament is adapted to form a loop about the fixation device [Figs. 9 – 10].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMUEL S. HANNA whose telephone number is (571)270-3248. The examiner can normally be reached 8-5 M-F.
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.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kevin Truong can be reached at 571-272-4705. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SAMUEL S HANNA/Primary Examiner, Art Unit 3775
Prosecution Insights