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 9/25/25 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 9 of U.S. Patent No. 12,295,569 B1. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Regarding claim 1, US 12,295,569 B1 discloses a suture construct apparatus, comprising: a suture strand including an adjustable loop at a first end and a fixed loop at a second end (claim 1); a self-cinching section disposed on the suture strand between the adjustable loop and the fixed loop, the self-cinching section including first and second segments of the suture strand co-axially aligned (claim 1); a first tag end of the suture strand extending axially inside both the first and second segments of the suture strand in the self-cinching section (claim 1); a second tag end of the suture strand housed axially inside a portion of the first tag end (claim 1); a continuous loop freely disposed on the adjustable loop (claim 7); and an anchor disposed on the fixed loop (claim 9).
Allowable Subject Matter
Claim 1 is allowed pending the timely filing of a terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d).
The following is an examiner’s statement of reasons for indicating allowable subject matter: Claim 1 recites a surgical construct, comprising:
a suture strand including an adjustable loop at a first end and a fixed loop at a second end;
a self-cinching section disposed on the suture strand between the adjustable loop and the fixed loop, the self-cinching section including first and second segments of the suture strand co-axially aligned;
a first tag end of the suture strand extending axially inside both the first and second segments of the suture strand in the self-cinching section;
a second tag end of the suture strand housed axially inside a portion of the first tag end;
a continuous loop freely disposed on the adjustable loop; and
an anchor disposed on the fixed loop.
These limitations, in combination, are not disclosed or suggested in the prior art of record.
Pilgeram et al. (US 2014/0277121 A1) disclose (Figures 1-12) a surgical construct (10), comprising: a suture strand (Figure 2) including an adjustable loop (12) at a first end and a fixed loop at a second end (11); a self-cinching section disposed on the suture strand between the adjustable loop and the fixed loop (formed in Figures 3-7); a tag end (13) of the suture strand housed axially inside a portion of the opposite tag end (Figures 8, 9); a continuous loop (80) freely disposed on the adjustable loop; and an anchor (40) disposed on the fixed loop. However, Pilgeram et al. fail to disclose that the self-cinching section includes first and second segments of the suture strand that are co-axially aligned and a first tag end of the suture strand extends axially inside both the first and second segments of the suture strand in the self-cinching section.
Armington et al. (US 2019/0099258 A1) also disclose various suture construct embodiments (see, e.g., Figures 26-35) comprising: a suture strand (621) including an adjustable loop (642, 646, 648, 650, 652, 654, 658; see Figure 29) at a first end and a fixed loop (626) at a second end (see Figure 26); a self-cinching section (661) disposed on the suture strand between the adjustable loop and the fixed loop, the self-cinching section including first and second segments of the suture strand co-axially aligned (paragraph 0127); a tag end (630) of the suture strand housed axially inside a portion of the other tag end (paragraph 0126); a loop of graft material (700) freely disposed on the adjustable loop (Figure 35); and an anchor (600) disposed on the fixed loop. Armington et al. fail to disclose or suggest a first tag end of the suture strand extending axially inside both the first and second segments of the suture strand in the self-cinching section, as claimed.
Anderson (US 2019/0008507 A1) also discloses (Figures 2 and 10-16) a suture construct apparatus, comprising: a suture strand including an adjustable loop (38) at a first end and a fixed loop (42) at a second end; a self-cinching section (40) disposed on the suture strand between the adjustable loop and the fixed loop, the self-cinching section including first and second segments of the suture strand co-axially aligned (paragraphs 0045-0047) ;a continuous loop (22) freely disposed on the adjustable loop (Figures 10-13); and an anchor (200) disposed on the fixed loop (Figures 14-16). Anderson fails to disclose a first tag end of the suture strand extending axially inside both the first and second segments of the suture strand in the self-cinching section and a second tag end of the suture strand housed axially inside a portion of the first tag end as claimed.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Brunsvold et al. (US 2020/0268502 A1; Figures 1-38), Lombardo et al. (US 2018/0353167 A1; Figures 1-4F), and Norton (US 2015/0141995 A1; Figures 1 and 6-9) all disclose similar construct apparatuses, each with an adjustable loop and fixed loop. However, these references also fail to disclose or suggest every limitation recited in claim 1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTIAN D KNAUSS whose telephone number is (571)272-8641. The examiner can normally be reached M-F 12:30-8:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Darwin Erezo can be reached at 571-272-4695. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/C.D.K/Examiner, Art Unit 3771
/DIANE D YABUT/Primary Examiner, Art Unit 3771
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