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 .
DETAILED ACTION
Election/Restrictions
Applicant’s election without traverse of group I, claims 1-5 and 7-10 in the reply filed on 03/24/2026 is acknowledged. Claims 14, 16, 18-19, 21-24 and 26-27 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Thus, claims 1-5, 7-10 and newly added claim 30 are presently pending in this application.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2 are rejected under 35 U.S.C. 102(a)(1) and 102 (a)(2) as being anticipated by Beach (5810854).
Regarding claim 1, Beach discloses a system for repairing a tendon (abstract), the system comprising: a self-locking strap 10 (Fig. 1B; col. 4, lin. 54-61 discloses a ratchet locking mechanism) comprising: one or more leaders 14, a strap portion connected to a proximal portion of the one or more leaders 14 (strap 10 having teeth/grooves 16 are connected to leading end 14); a bone anchor 110 (Fig. 6A) configured for implantation into bone of a patient, the bone anchor comprising a ratchet 28 (Figs. 1C and 6A) configured to allow passage of the strap portion in a first direction and to prevent passage of the strap portion in a second direction opposite the first direction (col. 4, lin. 54-61 and col. 6, lin. 19-27 disclose the ratchet mechanism allowing the strap 10 to slide in only one direction and the bone anchor 110 receiving the strap 10).
Regarding claim 2, Beach discloses wherein the strap portion 10 comprises a plurality of teeth 16 (Fig. 1B), wherein the ratchet is configured to engage the plurality of teeth (col. 4, lin. 54-61).
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.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Beach (5810854) in view of Mansmann (2013/0190815).
Beach discloses the claimed invention of claim 1; except for wherein the bone anchor comprises a threaded portion, wherein the ratchet is configured to rotate with respect to the threaded portion. However, Mansmann teaches a similar system comprising a bone anchor 200 (Fig. 5) comprises a threaded portion (par. 0135 discloses end 212 can be threaded), and a ratchet 220 is configured to rotate with respect to the threaded portion (rotatable gear 240; Fig. 5). Therefore, 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 system in Beach to include wherein the bone anchor comprises a threaded portion, wherein the ratchet is configured to rotate with respect to the threaded portion, as taught and suggested by Mansmann, to provide a one way rotational system.
Claims 4, 5 and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Beach (5810854) in view of Yost et al. (2023/0107886) “Yost”.
Beach discloses the claimed invention of claim 1; except for wherein the self-locking strap comprises a plurality of leaders, wherein the self-locking strap comprises two leaders and comprising one or more needles at a distal end of each of the one or more leaders. However, Yost teaches a similar system capable for repairing a tendon (abstract and Figs. 27-29) comprising a self-locking strap 404 (par. 0115 discloses ratchet mechanism 408 which locks strap 404) comprises a plurality of leaders 452 (Fig. 29), wherein the self-locking strap comprises two leaders (as shown in Fig. 29) and comprising one or more needles 114 at a distal end of each of the one or more leaders (Fig. 29). Therefore, 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 system in Beach to include wherein the self-locking strap comprises a plurality of leaders, wherein the self-locking strap comprises two leaders and comprising one or more needles at a distal end of each of the one or more leaders, as taught and suggested by Yost, the use of two needles and leaders allows for a secured attachment and stable connection at the implantation site (par. 0012).
Claims 7-10 are rejected under 35 U.S.C. 103 as being unpatentable over Beach (5810854) in view of Phan et al. (2024/0206920) “Phan”.
Beach discloses the claimed invention of claim 1; except for comprising an anchor insertion device configured to secure the bone anchor to bone of the patient; wherein the bone anchor comprises a plurality of cavities configured to mate with a plurality of pins of the anchor insertion device; wherein the anchor insertion device comprises a handle and a beam configured to be inserted into a central opening of the bone anchor and wherein the anchor insertion device comprises a sleeve configured to hold the bone anchor to the anchor insertion device prior to securing the bone anchor to the patient's bone. However, Phan teaches a similar anchor insertion device 65 (Fig. 3A-2) configured to secure a bone anchor 5 (Fig. 3D) to bone of the patient; wherein the bone anchor 5 comprises a plurality of cavities 60 configured to mate with a plurality of pins 115 of the anchor insertion device (par. 0054 and Fig. 3D); wherein the anchor insertion device comprises a handle (portion 70 is capable of being held like a handle; Fig. 3A-2) and a beam 55 (Fig. 3B-2) configured to be inserted into a central opening 12 (similar to anchor shown in Fig. 1C) of the bone anchor and wherein the anchor insertion device comprises a sleeve (tube 95; Fig. 3B-1) configured to hold the bone anchor to the anchor insertion device prior to securing the bone anchor to the patient's bone (tube 95 connects the anchor insertion device 65 to bone anchor 5; Fig. 3B-1; par. 0052). Therefore, 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 system in Beach to include comprising an anchor insertion device configured to secure the bone anchor to bone of the patient; wherein the bone anchor comprises a plurality of cavities configured to mate with a plurality of pins of the anchor insertion device; wherein the anchor insertion device comprises a handle and a beam configured to be inserted into a central opening of the bone anchor and wherein the anchor insertion device comprises a sleeve configured to hold the bone anchor to the anchor insertion device prior to securing the bone anchor to the patient's bone, as taught and suggested by Phan, for facilitating the insertion of a bone anchor at the implantation site by securely attaching the bone anchor to the insertion device.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YASHITA SHARMA whose telephone number is (571)270-5417. The examiner can normally be reached on 8am-5pm M-Th; 8am-4pm Fri (MT).
If attempts to reach the examiner by telephone are unsuccessful, the examiner' s supervisor, Jerrah Edwards, can be reached at 408-918-7557. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/YASHITA SHARMA/
Primary Examiner, Art Unit 3774