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 .
Election/Restrictions
Applicant’s election of Group III and Species aa in the reply filed on 07/16/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Examiner disagrees with applicants’ characterization of the elected invention and species as encompassing claims 1, 6-18, 30-33, 36-38, and 57-64 for examination. The election of Group III limits examination to claims 21-38 as set forth in the original grouping of the claims. Claim 1 was amended to recite “a tissue repair device” in the preamble and new claims 57-64 also recite “a tissue repair device” in the preamble. However, this language alone does not necessarily determine that the claims are fit to be considered as a part of the elected Group III. The subject matter of the elected group III comprises a mesh comprising a plurality of barbed sutures positioned on a base membrane. The amended claims and newly added claims do not recite this elected subject matter and therefore are not in condition for consideration at this time. Claims 21-33 and 36-38 are hereby examined, as being drawn to elected Group III, Species aa.
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.
Claim(s) 21-33 and 36-38 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Leung (US 2009/0228021).
Regarding claim 21, Leung discloses a tissue repair device (30, FIG 3) comprising: at least one mesh (See mesh pattern formed within 32, FIG 3, [0043]) comprising: a plurality of longitudinal barbed sutures and a plurality of lateral barbed sutures (See plurality of sutures 34, FIG 3, arranged through 32 in a grid pattern such that there are longitudinal and lateral sutures), each barbed suture comprising: a suture body (46, [0031]); and at least one barb (48) formed on an outer surface of the suture body (FIG 3).
Regarding claim 22, Leung discloses the plurality of longitudinal barbed sutures and the plurality of lateral barbed sutures are arranged in a grid pattern (FIG 3 shows within 32 that the sures are arranged in a grid pattern).
Regarding claim 23, Leung discloses further comprising a multi-layer base membrane (32, [0043-0044] describe possible constructions of 32, including the use of multiple layers i.e. “combinations thereof”) wherein the plurality of longitudinal barbed sutures and the plurality of lateral barbed sutures are attached to a surface of the multi-layer base membrane during use (FIG 3 shows the sutures attached to the surface of 32, [0039-0040]).
Regarding claim 24, Leung discloses a base membrane (32, [0039-0044]) attached to a non-barbed surface of the plurality of barbed sutures ([0039] “one or more such sutures could be woven or braided into the matrix material 30 during manufacture of the matrix material 30, typically with barbed portions 58, 60 of the suture or sutures being external to the body portion 32”).
Regarding claim 25, Leung discloses the plurality of sutures includes two or more lateral sutures and two or more longitudinal sutures (FIG 3 shows the plurality of sutures which includes at least two longitudinal and at least two lateral sutures 34), the two or more lateral sutures having a relatively greater length than the two or more longitudinal sutures, thus forming at least one strip of mesh ([0030] discloses that even though 32 in FIG 3 is shown as a cube, it can also be rectangular in shape, therefore resulting in lateral sutures having a greater length than longitudinal ones).
Regarding claim 26, Leung discloses a base membrane (32) to which the at least one strip of mesh is attached ([0039]).
Regarding claim 27, Leung discloses a base membrane (32) to which the at least one strip of mesh is attached ([0039]), and wherein the at least one strip of mesh includes a portion free from barbs, located in a longitudinal center region of the mesh ([0039] “one or more such sutures could be woven or braided into the matrix material 30 during manufacture of the matrix material 30, typically with barbed portions 58, 60 of the suture or sutures being external to the body portion 32”. Therefore, the portion of the sutures within the base and therefore at the longitudinal center of each suture is free from barbs).
Regarding claim 28, Leung discloses a base membrane (32) attached to a non-barbed surface of the strip of mesh (0039] “one or more such sutures could be woven or braided into the matrix material 30 during manufacture of the matrix material 30, typically with barbed portions 58, 60 of the suture or sutures being external to the body portion 32”).
Regarding claim 29, Leung discloses a base membrane (32, [0039-0044]) to which the mesh is attached (FIG 3, [0039]), wherein a longitudinal length of each lateral barbed suture is greater than a width of the base membrane (FIG 3 shows the length of each suture 34 being greater than base 32), and wherein the mesh includes a portion that is free from barbs located in a longitudinal center of each lateral barbed suture ([0039] “one or more such sutures could be woven or braided into the matrix material 30 during manufacture of the matrix material 30, typically with barbed portions 58, 60 of the suture or sutures being external to the body portion 32”. Therefore, the portion of the sutures within the base and therefore at the longitudinal center of each suture is free from barbs).
Regarding claim 30, Leung discloses a tissue repair device (30, FIGs 1-2) comprising: a sheet of base membrane (32); and a plurality of barbs (48) formed on the sheet of base membrane (FIGs 1-2, the barbs are formed in sutures 34 which are woven through the base membrane 32, [0039]. Therefore, the barbs are formed on the sheet of base membrane), the plurality of barbs being formed by one of laser cutting or embossing ([0035-0036] discloses forming the barbs 48 via laser cutting).
Regarding claim 31, Leung discloses a tissue repair device (30, FIGs 1-3) comprising: a base membrane (32); and a plurality of barbs (48) formed on the base membrane (FIGs 1-3, the barbs are formed in sutures 34 which are woven through the base membrane 32, [0039]. Therefore, the barbs are formed on the base membrane), the plurality of barbs being formed of resorbable ceramic and being attached to the base membrane ([0043-0044 and claim 6 disclose the sutures being made of a ceramic and the barbs are formed in the suture. And therefore, are attached to the base membrane according to [0039]).
Regarding claim 32, Leung discloses a tissue repair device (30, FIG 1) comprising: a base membrane (32); and at least two barbed sutures (34), a longitudinal length of each of the at least two barbed sutures being greater than a width of the base membrane (FIG 1 shows the length of each suture 34 being longer than the length of 32), each barbed suture including portions having barbs (48) and a portion that is free from barbs ([0039] “one or more such sutures could be woven or braided into the matrix material 30 during manufacture of the matrix material 30, typically with barbed portions 58, 60 of the suture or sutures being external to the body portion 32”).
Regarding claim 33, Leung discloses the at least two barbed sutures are spaced apart from each other (FIG 1 shows the spacing of the sutures within 32) and are woven through the base membrane ([0039]), such that the portion of each barbed suture that is free from barbs is woven through the base membrane (FIG 1), and the portions of each barbed suture that have barbs (58, 60) extend outward from the base membrane (FIG 1, [0039]).
Regarding claim 36, Leung discloses a tissue repair device (30, FIG 3) comprising: a strip of base membrane (32); and at least two barbed sutures (34) attached to the strip of base membrane ([0039]).
Regarding claim 37, Leung discloses each barbed suture includes portions having barbs (portions 58, 60, having barbs 48) and a portion that is free from barbs ([0039] discloses the formation of barbs on the portion of the sutures which is external to base 32).
Regarding claim 38, Leung discloses the at least two barbed sutures are arranged to form a mesh (FIG 3, the plurality of sutures woven through 32 is interpreted as forming a mesh, see longitudinal and lateral extending sutures).
Additional relevant prior art
Romot (US 2023/0200966) FIG 3A and 3C teaches a base membrane (302) and a plurality of barbs (306).
Hotter (US 2011/0125287) FIG 5 teaches a grid of barbed sutures (310/320) and a base membrane (patch 300).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BROOKE N LABRANCHE whose telephone number is (571)272-9775. The examiner can normally be reached M-F 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Elizabeth Houston can be reached at 5712727134. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BROOKE LABRANCHE/Primary Examiner, Art Unit 3771
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