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 .
Claim Objections
Claims 1, 9, 15, and 21 are objected to because of the following informalities: in line 3 of claim 1, “a first position” should read “the first position” for consistency; in line 4 of claim 1, “a second position” should read “the second position” for consistency; in line 4 of claim 9, “a first position” should read “the first position” for consistency; in line 5 of claim 9, “a second position” should read “the second position” for consistency; in line 5 of claim 15, “the second position the magnetically actuated suture anchor” should read “the second position and the magnetically actuated suture anchor” to correct a typo; and in line 7 of claim 21, “the anchor magnet is moved the second position” should read “the anchor magnet is moved to the second position” for proper grammar. Appropriate correction is required.
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) 1-4, 6-7, 9-12, 14-15, and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gedebou (Pub. No. 2005/0090827).
Regarding claim 1, Gedebou discloses a magnetically actuated suture anchor (FIG. 4, [0056]) comprising: an anchor magnet ([0059] a magnetic element may be embedded within brake member 38) configured to be magnetically moved using an external magnet from a first position to a second position ([0059] application of a magnetic field causes the magnetic element, and thereby 38, to move from a first position pressed against suture 18 to a second position releasing 18), wherein in a first position a tension is maintained in a suture connected to the magnetically actuated suture anchor (FIG. 4: when the magnetic element is not actuated, 38 presses down on 18 to keep 18 tensed) and in a second position the tension in the suture is released ([0059] when the magnetic element is moved, 38 moves against the force of spring 40 to release 18).
Regarding claim 2, Gedebou further discloses the anchor magnet is magnetically pushed using the external magnet ([0059] the magnetic element is manipulated using a magnetic field, where whether the magnetic element is pushed or pulled depends on the relationship between the two; for example, if a repulsive magnetic field is applied externally from the screw side of the device, 38 will be magnetically pushed).
Regarding claim 3, Gedebou further discloses an elastic energy storage unit (40) configured and disposed to hold the anchor magnet in the first position ([0057] 40 downwardly compresses the magnetic element within 38 to hold 18 in place); and a plurality of retaining fingers (the term “fingers” is being interpreted as including protrusions, such as those labeled in the Annotated FIG. 4 below) configured and disposed to hold the anchor magnet in the first position when the magnetically actuated suture anchor is in a tensioned state (Annotated FIG. 4: the fingers only need to hold the magnetic element in 38, and do not need to maintain that hold; when 38 has been pressed down by 40, the fingers are holding 38) and in the second position when the magnetically actuated suture anchor is in a released state (Annotated FIG. 4: when 38 has been drawn up by the external magnet field, the fingers maintain 38 in the released position).
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Regarding claim 4, Gedebou further discloses the anchor magnet is magnetically pulled using the external magnet ([0059] the magnetic element is manipulated using a magnetic field, where whether the magnetic element is pushed or pulled depends on the relationship between the two; for example, if an attractive magnetic field is applied externally from the spring side of the device, 38 will be magnetically pulled).
Regarding claim 6, Gedebou further discloses a tension cleat (38); the anchor magnet connected to the tension cleat ([0059]) and configured and disposed to maintain tension in a suture ([0057]); and an elastic energy storage unit (40) connected to the tension cleat (FIG. 4: 38 is connected to 40); wherein the anchor magnet is configured and disposed to be moved from the first position to the second position to release the tension cleat ([0059] when the magnetic element is manipulated by the external magnetic field, 38 is also moved from the first position to the second position); wherein the elastic energy storage unit is configured and disposed to hold the tension cleat in place ([0057] 40 compresses down on 38 to hold 38 against the suture), wherein the anchor magnet is in the first position and the magnetically actuated suture anchor is in a tensioned state (FIG. 4 and [0059] the magnetic element is pressed against the suture); and wherein the anchor magnet is configured and disposed to be moved to the second position and the magnetically actuated suture anchor is in a released state ([0059] the magnetic element is pulled upward by the external magnetic field to release the suture).
Regarding claim 7, Gedebou further discloses a plurality of retaining fingers (the term “fingers” is being interpreted as including protrusions, such as those labeled in the Annotated FIG. 4 above) configured and disposed to hold the anchor magnet in the first position when the anchor magnet is in the first position and the magnetically actuated suture anchor is in a tensioned state (Annotated FIG. 4: the fingers only need to hold the magnetic element in 38, and do not need to maintain that hold; when 38 has been pressed down by 40, the fingers are holding 38), and configured and disposed to hold the anchor magnet in the second position when the anchor magnet is in the second position and the magnetically actuated suture anchor is in a released state (Annotated FIG. 4: when 38 has been drawn up by the external magnet field, the fingers maintain 38 in the released position).
Regarding claim 9, Gedebou discloses a magnetically actuated suture anchor kit (FIG. 4, [0056-59]) comprising: a magnetically actuated suture anchor (FIG. 4, [0056]) comprising: an anchor magnet ([0059] a magnetic element may be embedded within brake member 38) configured to be magnetically moved using an external magnet from a first position to a second position ([0059] application of a magnetic field causes the magnetic element, and thereby 38, to move from a first position pressed against suture 18 to a second position releasing 18), wherein in a first position a tension is maintained in a suture connected to the magnetically actuated suture anchor (FIG. 4: when the magnetic element is not actuated, 38 presses down on 18 to keep 18 tensed) and in a second position the tension in the suture is released ([0059] when the magnetic element is moved, 38 moves against the force of spring 40 to release 18); and one or more tools to manipulate the magnetically actuated suture anchor ([0059] an external magnetic field is used to move the magnetic element in 38, which requires an external tool to generate and control the field).
Regarding claim 10, Gedebou further discloses the anchor magnet is magnetically pushed using the external magnet ([0059] the magnetic element is manipulated using a magnetic field, where whether the magnetic element is pushed or pulled depends on the relationship between the two; for example, if a repulsive magnetic field is applied externally from the screw side of the device, 38 will be magnetically pushed).
Regarding claim 11, Gedebou further discloses an elastic energy storage unit (40) configured and disposed to hold the anchor magnet in the first position ([0057] 40 downwardly compresses the magnetic element within 38 to hold 18 in place); and a plurality of retaining fingers (the term “fingers” is being interpreted as including protrusions, such as those labeled in the Annotated FIG. 4 above) configured and disposed to hold the anchor magnet in the first position when the magnetically actuated suture anchor is in a tensioned state (Annotated FIG. 4: the fingers only need to hold the magnetic element in 38, and do not need to maintain that hold; when 38 has been pressed down by 40, the fingers are holding 38) and in the second position when the magnetically actuated suture anchor is in a released state (Annotated FIG. 4: when 38 has been drawn up by the external magnet field, the fingers maintain 38 in the released position).
Regarding claim 12, Gedebou further discloses the anchor magnet is magnetically pulled using the external magnet ([0059] the magnetic element is manipulated using a magnetic field, where whether the magnetic element is pushed or pulled depends on the relationship between the two; for example, if an attractive magnetic field is applied externally from the spring side of the device, 38 will be magnetically pulled).
Regarding claim 14, Gedebou further discloses a tension cleat (38); the anchor magnet connected to the tension clear ([0059]) and configured and disposed to maintain tension in a suture ([0057]); and an elastic energy storage unit (40) connected to the tension cleat (FIG. 4: 38 is connected to 40); wherein the anchor magnet is configured and disposed to be moved from the first position to the second position to release the tension cleat ([0059] when the magnetic element is manipulated by the external magnetic field, 38 is also moved from the first position to the second position); wherein the elastic energy storage unit is configured and disposed to hold the tension cleat in place ([0057] 40 compresses down on 38 to hold 38 against the suture), wherein the anchor magnet is in the first position and the magnetically actuated suture anchor is in a tensioned state (FIG. 4 and [0059] the magnetic element is pressed against the suture); and wherein the anchor magnet is configured and disposed to be moved to the second position and the magnetically actuated suture anchor is in a released state ([0059] the magnetic element is pulled upward by the external magnetic field to release the suture).
Regarding claim 15, Gedebou further discloses a plurality of retaining fingers (the term “fingers” is being interpreted as including protrusions, such as those labeled in the Annotated FIG. 4 above) configured and disposed to hold the anchor magnet in the first position when the anchor magnet is in the first position and the magnetically actuated suture anchor is in a tensioned state (Annotated FIG. 4: the fingers only need to hold the magnetic element in 38, and do not need to maintain that hold; when 38 has been pressed down by 40, the fingers are holding 38), and configured and disposed to hold the anchor magnet in the second position when the anchor magnet is in the second position and the magnetically actuated suture anchor is in a released state (Annotated FIG. 4: when 38 has been drawn up by the external magnet field, the fingers hold 38 in the released position).
Regarding claim 17, Gedebou discloses a method of releasing tension in a magnetically actuated suture anchor ([0056-59]) comprising: providing a magnetically actuated suture anchor (FIG. 4, [0056]) comprising: an anchor magnet ([0059] a magnetic element may be embedded within brake member 38) configured to be magnetically moved using an external magnet from a first position to a second position ([0059] application of a magnetic field causes the magnetic element, and thereby 38, to move from a first position pressed against suture 18 to a second position releasing 18), wherein in the first position a tension is maintained in a suture connected to the magnetically actuated suture anchor (FIG. 4: when the magnetic element is not actuated, 38 presses down on 18 to keep 18 tensed) and in the second position the tension in the suture is released ([0059] when the magnetic element is moved, 38 moves against the force of spring 40 to release 18); and magnetically moving the anchor magnet from the first position to the second position ([0059] the external magnetic field moves the magnetic element from pressing against 18 to releasing 18).
Claim Rejections - 35 USC § 103
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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 18-20 and 22-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gedebou.
Regarding claims 18 and 20, Gedebou discloses the invention as claimed in claim 17, as discussed above, and further discloses the anchor magnet is magnetically manipulated using the external magnet ([0059]). Gedebou does not explicitly state whether the anchor magnet is pushed (claim 18) or pulled (claim 20). However, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify Gedebou so that a magnetic field being used to manipulate the anchor magnet could either push or pull the anchor magnet depending on the polarity of the field and the relative position of the field to the anchor magnet, as such a modification would have merely leaded to the predictable result of allowing an operator to control the effects of the magnetic field, and either configuration would appear to work equally well.
Regarding claim 19, Gedebou further discloses an elastic energy storage unit (40) configured and disposed to hold the anchor magnet in the first position ([0057] 40 downwardly compresses the magnetic element within 38 to hold 18 in place); and a plurality of retaining fingers (the term “fingers” is being interpreted as including protrusions, such as those labeled in the Annotated FIG. 4 above) configured and disposed to hold the anchor magnet in the first position when the magnetically actuated suture anchor is in a tensioned state (Annotated FIG. 4: the fingers only need to hold the magnetic element in 38, and do not need to maintain that hold; when 38 has been pressed down by 40, the fingers are holding 38) and in the second position when the magnetically actuated suture anchor is in a released state (Annotated FIG. 4: when 38 has been drawn up by the external magnet field, the fingers maintain 38 in the released position).
Regarding claim 22, Gedebou further discloses a tension cleat (38); the anchor magnet connected to the tension clear ([0059]) and configured and disposed to maintain tension in a suture ([0057]); and an elastic energy storage unit (40) connected to the tension cleat (FIG. 4: 38 is connected to 40); wherein the anchor magnet is configured and disposed to be moved from the first position to the second position to release the tension cleat ([0059] when the magnetic element is manipulated by the external magnetic field, 38 is also moved from the first position to the second position); wherein the elastic energy storage unit is configured and disposed to hold the tension cleat in place ([0057] 40 compresses down on 38 to hold 38 against the suture), wherein the anchor magnet is in the first position and the magnetically actuated suture anchor is in a tensioned state (FIG. 4 and [0059] the magnetic element is pressed against the suture); and wherein the anchor magnet is configured and disposed to be moved to the second position and the magnetically actuated suture anchor is in a released state ([0059] the magnetic element is pulled upward by the external magnetic field to release the suture).
Regarding claim 23, Gedebou further discloses a plurality of retaining fingers (the term “fingers” is being interpreted as including protrusions, such as those labeled in the Annotated FIG. 4 above) configured and disposed to hold the anchor magnet in the first position when the anchor magnet is in the first position and the magnetically actuated suture anchor is in a tensioned state (Annotated FIG. 4: the fingers only need to hold the magnetic element in 38, and do not need to maintain that hold; when 38 has been pressed down by 40, the fingers are holding 38), and configured and disposed to hold the anchor magnet in the second position when the anchor magnet is in the second position and the magnetically actuated suture anchor is in a released state (Annotated FIG. 4: when 38 has been drawn up by the external magnet field, the fingers maintain 38 in the released position).
Claim(s) 8 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gedebou in view of Roschak et al. (Pub. No. 2015/0038976).
Regarding claims 8 and 16, Gedebou discloses the invention as claimed in claims 1 and 9, respectively, as discussed above. Gedebou does not disclose the anchor magnet comprises neodymium.
Roschak et al. teaches in the same field of endeavor of magnetically adjustable suture anchors ([0042]), and discloses that magnet materials used can include neodymium ([0039]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have made the anchor magnet of Gedebou out of neodymium, as disclosed by Roschak et al., for the purpose of being made of a magnetic material commonly known in the art and performing equally well at responding to external magnetic fields to cause movement.
Allowable Subject Matter
Claims 5, 13, and 21 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.
The following is a statement of reasons for the indication of allowable subject matter: the prior art does not disclose, alone or in combination, a suture winder and a plunger connecting the anchor magnet to the suture winder, wherein the plunger is configured and disposed to be slidably inserted into and engaged with the suture winder when the anchor magnet is in the first position and the magnetically actuated suture anchor is in a tensioned state, and configured and disposed to be slidably removed from the suture winder when the anchor magnet is moved to the second position and the magnetically actuated suture anchor is in a released state.
Regarding claims 5, 13, and 21, Gedebou discloses the invention as claimed in claims 4, 12, and 20, respectively, as discussed above. Gedebou does not disclose a suture winder and a plunger connecting the anchor magnet to the suture winder, wherein the plunger is configured and disposed to be slidably inserted into and engaged with the suture winder when the anchor magnet is in the first position and the magnetically actuated suture anchor is in a tensioned state, and configured and disposed to be slidably removed from the suture winder when the anchor magnet is moved to the second position and the magnetically actuated suture anchor is in a released state. While a second embodiment of Gedebou (FIGs. 5-7) discloses a suture winder (46) and an element (FIG. 7: the hourglass object in the center of 46) connecting the anchor magnet (54) to the suture winder (FIG. 7: the hourglass object transmits the rotation from 54 to 46), the element is not configured to be slidably inserted into or removed from the suture winder, as the shape and function of the element would be frustrated by a sliding motion.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES RYAN MCGINNITY whose telephone number is (571)272-0573. The examiner can normally be reached M-Th 8 am-5:30 pm.
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/JRM/Examiner, Art Unit 3771
/KATHLEEN S HOLWERDA/Primary Examiner, Art Unit 3771