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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/31/2025 is acknowledged. The submission is in compliance with the provision of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claims 1-3, 6, 10 and 12 are objected to because of the following informalities:
In claim 1, line 1, “the steps” is read as “steps of”.
In claim 2, line 1, “the step of forming a textile” is read as “the step of forming the textile”.
In claim 3, line 2, “the step” is read as “a step”.
In claim 6, line 1, “the method of making a rigid composite textile” is read as “a method of making a rigid composite textile”.
In claim 6, line 1, “the steps” is read as “steps of”.
In claims 10 and 12, line 1, “the step of interconnecting” is read as “a step of interconnecting”.
Appropriate correction is required.
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.
Claims 1-5, 8 and 20 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 “forming a textile that comprises a monofilament suture”, and claims 2-4 recite “the monofilament suture”. It is unclear how to define “a monofilament suture”, does the Applicant want to refer to a monofilament material of a suture? Or does the Applicant want to refer to a monofilament material and a multifilament suture sheath of a suture? For the purpose of applying art, “a monofilament suture” is interpreted as a monofilament.
Claim 1 recites “the monofilament” in line 3. There is insufficient antecedent basis for this limitation in the claim. It is unclear “the monofilament” is the same or different from “a monofilament suture”. For the purpose of applying art, “the monofilament” is interpreted to be the same as the monofilament suture.
Claim 5 recites “the suture loop” in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites “the securing of the desired shape” in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 20 recites “UHMWPE”. It is unclear what “UHMWPE” stands for.
Any remaining claims are rejected as depending from a rejected base claim.
In the art rejections below the claims have been treated as best understood by the examiner.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 1-3, 5-7 and 15-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Martin (US 2015/0066081).
Regarding claim 1, Martin teaches a method of making a rigid composite textile comprises the steps of:
forming a textile (fig. 13A) that comprises a monofilament suture (para. [0131], the inner element 1082 can be produced as a braid with a core yarn, or axial yarn. This core yarn may be a monofilament);
selecting one or regions of interest (ROI) of the monofilament to identify a first monofilament portion and a second monofilament portion (para. [0131], [0132]);
extracting the first portion of the monofilament suture from the textile within the selected one or more ROIs (para. [0131], [0132]); and
creating desired structure containing the second portion of the monofilament suture (para. [0131], [0132]).
Regarding claim 2, Martin teaches the step of forming a textile that comprises the monofilament suture includes co-braiding the monofilament into the textile (fig. 13A, para. [0129], the integrated structure can be formed by braiding outer thread 1084 over inner element 1082 in a continuous uninterrupted fashion).
Regarding claim 3, Martin teaches the step of extracting the first monofilament portion of the monofilament suture comprises the step of trimming the first monofilament portion of the monofilament suture (para. [0132]).
Regarding claim 5, Martin teaches the suture loop comprises a loop size and a hoop strength, the loop size is fixed (fig. 22V).
Regarding claim 6, Martin teaches the method of making a rigid composite textile comprises the steps of:
creating a textile (fig. 13A) that comprises a monofilament (para. [0131], the inner element 1082 can be produced as a braid with a core yarn, or axial yarn. This core yarn may be a monofilament);
identifying a first portion of the monofilament at a first location (para. [0131], [0132], the first location where the core yarn is removed) and a second portion of the monofilament at a second location (para. [0131], [0132], the second location comprises the core yarn in the inner element 1082);
extracting the first portion of the monofilament from the textile at the first location (para. [0131], [0132]); and
forming a desired shape with the second portion of the monofilament at the second location (para. [0131], [0132]).
Regarding claim 7, Martin teaches the method further comprises the step of securing the desired shape with the second portion of the monofilament (fig. 13A, para. [0130], with stitches 1092).
Regarding claim 15, Martin teaches the textile comprises a suture (abstract).
Regarding claim 16, Martin teaches the second location of the second portion of the monofilament is positioned between a first free end of the suture and a second free end of the suture (fig. 13A, para. [0132], the second location comprises the core yarn in the inner element 1082 and outer thread 1084, which is between two ends of the suture).
Regarding claim 17, Martin teaches the second location of the second portion of the monofilament is positioned at a second free end of the suture (para. [0131], the side of the braids of both the inner and outer elements 1082, 1084 may be spread apart to expose the core yarn, and then one end of the exposed core yarn can be pulled out).
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.
Claims 4, 8-14 and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Martin (US 2015/0066081).
Regarding claim 4, Martin does not clearly teach in fig. 13A the step of creating the desired structure comprises forming a suture loop that contains the second monofilament portion of the monofilament suture.
However, in fig. 16D, Martin teaches forming a suture loop that contains a high denier segment and Martin teaches in fig. 13A, the high denier segment comprises the second monofilament portion (fig. 13A, monofilament core of structure 1082).
It would have been obvious to one of the ordinary skilled in the art before the effective filing date of the invention to combine fig. 13A with the method of making a suture loop in fig. 16D for the benefit of allowing the center portion of the suture to function as a Chinese finger trap-type lock (Martin, para. [0130]).
Regarding claim 8, Martin does not clearly teach in fig. 13A the securing of the desired shape comprises a locking splice.
However, in fig. 16D, Martin teaches the securing of the desired shape comprises a locking splice.
It would have been obvious to one of the ordinary skilled in the art before the effective filing date of the invention to combine fig. 13A with a locking splice as in fig. 22V for the benefit of allowing the center portion of the suture to function as a Chinese finger trap-type lock (Martin, para. [0130]).
Regarding claim 9, Martin does not clearly teach in fig. 13A the securing of the desired shape comprises a locking splice and a standard splice.
However, Martin teaches in fig. 16D the securing of the desired shape comprises a locking splice and a standard splice.
It would have been obvious to one of the ordinary skilled in the art before the effective filing date of the invention to combine fig. 13A with a locking splice and a standard splice as in fig. 16D for the benefit of allowing the center portion of the suture to function as a Chinese finger trap-type lock (Martin, para. [0130]).
Regarding claim 10, Martin teaches the step of creating the textile comprises the step of interconnecting a first strand (fig. 13A, para. [0131], a core yarn of inner element 1082) having a first strand material and a first strand orientation (fig. 13A, para. [0131]) and a second strand (fig. 13A, an outer strand of element 1082) having a second strand material to create a weave pattern (fig. 13A, para. [0131], a braid), at least a portion of the first strand comprising a monofilament (para. [0131]).
Martin does not teach the first strand material comprising Nylon or Polypropylene.
However, Martin teaches the yarn elements can be made of a material such as polyester, polyethylene, or polypropylene (para. [0125]).
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to combine the first strand material comprising Nylon or Polypropylene as suggested in para. [0125] of Martin for the benefit of providing high tensile strength and impact resistance to withstand bending and flexing to the suture.
Regarding claim 11, Martin teaches the weave pattern comprises a braid pattern (fig. 13A, para. [0131]).
Regarding claim 12, Martin teaches the step of creating the textile comprises the step of interconnecting a first strand having a first strand material and a first strand orientation (fig. 13A, para. [0131], a first outer strand of the inner element 1082), a second strand having a second strand material (fig. 13A, para. [0131], a second outer strand of the inner element 1082 to create a tubular braid), and a third strand (fig. 13A, para. [0131], a core yarn of inner element 1082) having a third strand material and a third strand orientation, to create the textile with a weave pattern, the third strand comprising a monofilament (para. [0131]).
Martin does not teach the third strand material comprising Nylon or Polypropylene.
However, Martin teaches the yarn elements can be made of a material such as polyester, polyethylene, or polypropylene (para. [0125]).
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to combine the third strand material comprising Nylon or Polypropylene as suggested in para. [0125] of Martin for the benefit of providing high tensile strength and impact resistance to withstand bending and flexing to the suture.
Regarding claim 13, Martin teaches the weave pattern comprises a braided weave pattern (fig. 13A, para. [0131]).
Regarding claim 14, Martin teaches the third strand orientation comprises an axial orientation (para. [0131]).
Regarding claim 18, Martin does not teach in fig. 13A the method of forming the desired shape comprises a shuttle loop, the shuttle loop having a shuttle loop hoop strength and a shuttle loop size.
However, Martin teaches in fig. 16D the method of forming the desired shape comprises a shuttle loop, the shuttle loop having a shuttle loop hoop strength and a shuttle loop size (para. [0147]).
It would have been obvious to one of the ordinary skilled in the art before the effective filing date of the invention to combine fig. 13A with a shuttle loop as in fig. 16D for the benefit of allowing the center portion of the suture to function as a Chinese finger trap-type lock (Martin, para. [0130]).
Regarding claim 19, Martin teaches the shuttle loop size is fixed (para. [0147]).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Martin (US 2015/0066081), as applied to claim 12 above, and further in view of Olson (US 2010/0274282).
Regarding claim 20, Martin does not teach the first strand material and the second strand material comprise UHMWPE.
However, in the same field of endeavor, Olson teaches the first strand material and the second strand material comprise UHMWPE (abstract, para. [0026]).
It would have been obvious to one of the ordinary skilled in the art before the effective filing date of the invention to combine Martin with the teaching that the first strand material and the second strand material comprise UHMWPE as suggested by Olson for the benefit of providing high tensile strength and impact resistance to withstand bending and flexing to the suture.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See form PTO-892.
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/UYEN T NGUYEN/Primary Examiner, Art Unit 3732
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