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 without traverse of Species I (Fig. 2-10e) in the reply filed on 7/30/26 is acknowledged.
Claims 13-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 7/30/26.
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) 1 and 5-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Knodel et al. (6,773,438).
Knodel discloses the following claimed limitations:
Claim 1: A system for delivering surgical fixation devices to a target region in a body (Fig. 18-23), the system comprising: an instrument (35) (Fig. 2) comprising: a shaft (92) (Fig. 2 and 18-23 and Col. 5 Lines 44-46) having a proximal end portion (Fig. 2), a distal end portion (Fig. 2 and 18-23), and a longitudinal axis (Fig. 2), and a tissue puncturing member (95) (Fig. 18-23 and Col. 11 Lines 47-56) in the shaft and comprising a sharp distal end (distal end that goes through tissue as seen in Fig. 18-23 and Col. 11 Lines 47-56), the tissue puncturing member moveable in reciprocation relative to the shaft (Fig. 18-23); and a plurality of surgical fixation devices (105) (Fig. 2b, 9-13, and 18) positioned in series along at least part of a length of the shaft (Fig. 2b, 9-13, and 18-23), wherein each surgical fixation device comprises: an elongate post (109) (Fig, 9-13) having a proximal end portion and (end that connects to 111 and 110 in Fig. 13) a distal end portion (end that connects to 106, 107, and 108 in Fig. 13), a head (combination of 110 and 111) at the proximal end portion of the elongate post (Fig. 13), and one or more deployable members (107, 108) at the distal end portion of the elongate post (Fig.9-13), wherein the one or more deployable members are deployable from a collapsed configuration (Fig. 13 and 19) extending along the elongate post to an expanded configuration extending outwardly from the elongate post (Fig. 9-10 and 19-23).
Claim 5: wherein the tissue puncturing member is configured to move distally past a distal end portion of the shaft (Fig, 18-23).
Claim 6:, wherein the surgical fixation devices are slidable along the tissue puncturing member (Fig. 18-23).
Claim 7: wherein the one or more deployable members of each surgical fixation device are configured to passively transition from the collapsed configuration to the expanded configuration (Fig. 18-23).
Claim 8: wherein the one or more deployable members of each surgical fixation device are configured to be at deployed from the collapsed configuration to the expanded configuration (Fig. 18-23).
Claim 9: wherein in the collapsed configuration, the one or more deployable members fold at the distal end portion of the elongate post back toward the proximal end portion of the elongate post with a free end portion of each deployable member extending toward the head (Fig. 18-23).
Claim 10: wherein in the expanded configuration, the one or more deployable members form an angle ranging from an acute angle to a 90-degree angle relative to the elongate post (Fig. 23).
Claim(s) 1, 2, and 5-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shipp (2011/0022065).
Shipp discloses the following claimed limitations:
Claim 1: A system for delivering surgical fixation devices to a target region in a body (Fig. 13-22 and [0092]), the system comprising: an instrument (120) (Fig. 13-22, [0090], and [0092]) comprising: a shaft (123) (Fig. 11) having a proximal end portion (Fig. 11), a distal end portion (Fig. 11), and a longitudinal axis (Fig. 11), and a tissue puncturing member (126, 219) (Fig. 12, 14, and 20, [0087], [0092]) in the shaft and comprising a sharp distal end (132, 218) (Fig. 12, 14, and 20, [0087], [0092]), the tissue puncturing member moveable in reciprocation relative to the shaft (Fig. 13-23 and [0092-92]); and a plurality of surgical fixation devices (210) (Fig. Fig. 19-22 and [0092]) positioned in series along at least part of a length of the shaft (Fig. 13-22, [0087], [0092]), wherein each surgical fixation device comprises: an elongate post (212, 222) (Fig, 19-22 and [0092]) having a proximal end portion and (where head 221 is as seen in Fig. 19-22) a distal end portion (223 as seen in Fig. 19-22), a head (221) at the proximal end portion of the elongate post (Fig. 19-22 and [0092]), and one or more deployable members (213) at the distal end portion of the elongate post (Fig. 19-22 and [0092]), wherein the one or more deployable members are deployable from a collapsed configuration (Fig. 19-22 and [0092]) extending along the elongate post to an expanded configuration extending outwardly from the elongate post (Fig. 19-22 and [0092]).
Claim 2: wherein the tissue puncturing member extends through the head of each of the surgical fixation devices (Fig. 13-22 and [0090-92]).
Claim 5 wherein the tissue puncturing member is configured to move distally past a distal end portion of the shaft (Fig. 16-22 and [0090-92]).
Claim 6: wherein the surgical fixation devices are slidable along the tissue puncturing member (Fig. 16-22 and [0090-92]).
Claim 7: wherein the one or more deployable members of each surgical fixation device are configured to passively transition from the collapsed configuration to the expanded configuration (Fig. 19-22 and [0092]).
Claim 8: wherein the one or more deployable members of each surgical fixation device are configured to be at deployed from the collapsed configuration to the expanded configuration (Fig. 19-22 and [0092]).
Claim 9: wherein in the collapsed configuration, the one or more deployable members fold at the distal end portion of the elongate post back toward the proximal end portion of the elongate post with a free end portion of each deployable member extending toward the head (Fig. 21).
Claim 10: wherein in the expanded configuration, the one or more deployable members form an angle ranging from an acute angle to a 90-degree angle relative to the elongate post (Fig. 22).
Claim 11: wherein the elongate post is tapered along a proximal-to- distal direction (Fig. 8).
Claim 12: wherein the head is substantially planar with a first surface (Fig. 19-22) facing toward the elongate post (Fig, 19-22) and a second surface (Fig, 19-22) opposite the first surface (Fig, 19-22), facing away from the elongate post, and wherein the elongate post extends from the first surface of the head (Fig, 19-22).
Allowable Subject Matter
Claims 3 and 4 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art of record appears to teach the claimed limitations when considered in combination.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DIANNE DORNBUSCH whose telephone number is (571)270-3515. The examiner can normally be reached Monday-Wednesday 9 am-3 pm.
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, Elizabeth Houston can be reached at (571) 272-7134. 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.
/DIANNE DORNBUSCH/Primary Examiner, Art Unit 3771
Prosecution Insights