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 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)(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.
Claim(s) 21-40 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 11/723,651 to Simon.
Simon teaches:
Claim 21: A suture passer device comprising:
a body (Fig. 1B reproduced with annotation below);
a first jaw member (Fig. 1B reproduced with annotation below) extending from the body, the first jaw member configured for angular movement relative to the body (Fig. 1B); and
a second jaw member (Fig. 1B reproduced with annotation below) extending from the body, the second jaw member comprising:
a curved portion (Fig. 1B reproduced with annotation below) extending from the body and curved away from the first jaw member,
a straight portion (Fig. 1B reproduced with annotation below) extending from a distal end of the curved portion, wherein the curved portion is configured to offset the straight portion with respect to the body (Figs. 1A-1B);
a tissue penetrator (Fig. 1B reproduced with annotation below) extending at least partially through the second jaw member, the tissue penetrator configured to shift between a retracted position and an engaged position (Figs. 1A-1B); and
a trigger configured to actuate the first jaw member and the tissue penetrator (Col. 14, ll. 55-63 and claim 1, grasping and firing mechanism controlled with a proximate located trigger-handle).
Claim 22: The tissue penetrator is a needle (180, Fig. 1B).
Claim 23: A distal end of the needle (126, Fig. 1B) is curved toward the second jaw member in the engaged position, and wherein a radius of curvature of the needle is sized and shaped to avoid cartilage of a knee when the needle is actuated in a tissue of the knee (Functional limitation, the needle of Simon having the similar structural limitations of a radius and the needle tip is curved toward the second jaw as claimed, therefore, it would have performed the same function as claimed).
Claim 24: The second jaw member (Fig. 1B reproduced with annotation below) comprises a shoulder (141, Fig. 2B) configured to direct the tissue penetrator toward the first jaw member.
Claim 25: A suture loader (115, Fig. 2B) in the second jaw member.
Claim 26: The suture loader (115) comprises a notch in the straight portion of the second jaw member.
Claim 27: The suture loader (115) comprises a slot perpendicular to the notch and aligned with the tissue penetrator (the notch of 115 is the space running proximal to distal of the second jaw member, the slot is the space running from the inner surface of the second jaw member radially into the jaw, therefore it is perpendicular to one another, as shown in Fig. 2B, the slot is aligned with the needle curvature).
Claim 28: A notch in the tissue penetrator (124, Fig. 1B) and a suture retainer (suture capture member 134, Fig. 2B), wherein the notch of the tissue penetrator is configured to capture a suture loop (Fig. 1B), the tissue penetrator is configured to move the suture loop through the first jaw member (Fig. 1B), and the suture retainer is configured to selectively retain the suture loop (suture capture member 134 configured to capture/retain the loop).
Claim 29: The suture loop (Fig. 1B), the suture loop configured to be released from the suture retainer by pulling on an end of the suture loop (Functional limitation, the loop in Simon is capable of doing such).
Claim 30: The notch of the tissue penetrator (124 .Fig. 1B) is proximal to a distal end of the tissue penetrator (126, Fig. 1B).
Claim 31: A suture passer device comprising:
a body (Fig. 1B reproduced with annotation below);
a first jaw member (Fig. 1B reproduced with annotation below) extending from the body, the first jaw member configured for angular movement relative to the body; and
a second jaw member (Fig. 1B reproduced with annotation below) extending from the body, the second jaw member comprising:
a first portion (Fig. 1B reproduced with annotation below) extending from the body and away from the first jaw member,
a second portion (Fig. 1B reproduced with annotation below) extending from a distal end of the first portion, wherein the first portion is configured to offset the second portion with respect to the body; and
a needle (Fig. 1B reproduced with annotation below) extending at least partially through the second jaw member, the needle configured to shift between a retracted position (Fig. 1A) and an engaged position (Fig. 1B); and
a trigger (Fig. 1B reproduced with annotation below) configured to actuate the first jaw member and the tissue penetrator (Col. 14, ll. 55-63 and claim 1, grasping and firing mechanism controlled with a proximate located trigger-handle).
Claim 32: The first portion of the second jaw member is curved (Fig. 1B reproduced with annotation below).
Claim 33: A distal end of the needle (126, Fig. 1B) is curved toward the second jaw member in the engaged position, and wherein a radius of curvature of the needle is sized and shaped to avoid cartilage of a knee when the needle is actuated in a tissue of the knee (Functional limitation, the needle of Simon having the similar structural limitations of a radius and the needle tip is curved toward the second jaw as claimed, therefore, it would have performed the same function as claimed).
Claim 34: The second jaw member (Fig. 1B reproduced with annotation below) comprises a shoulder (141, Fig. 2B) configured to direct the tissue penetrator toward the first jaw member.
Claim 35: A suture loader (115, Fig. 2B) in the second jaw member.
Claim 36: The suture loader (115) comprises a notch in the second portion of the second jaw member.
Claim 37: The suture loader (115) comprises a slot perpendicular to the notch and aligned with the tissue penetrator (the notch of 115 is the space running proximal to distal of the second jaw member, the slot is the space running from the inner surface of the second jaw member radially into the jaw, therefore it is perpendicular to one another, as shown in Fig. 2B, the slot is aligned with the needle curvature).
Claim 38: A notch in the tissue penetrator (124, Fig. 1B) and a suture retainer (suture capture member 134, Fig. 2B), wherein the notch of the tissue penetrator is configured to capture a suture loop (Fig. 1B), the tissue penetrator is configured to move the suture loop through the first jaw member (Fig. 1B), and the suture retainer is configured to selectively retain the suture loop (suture capture member 134 configured to capture/retain the loop).
Claim 39: The suture loop (Fig. 1B), the suture loop configured to be released from the suture retainer by pulling on an end of the suture loop (Functional limitation, the loop in Simon is capable of doing such).
Claim 40: The notch of the tissue penetrator (124 .Fig. 1B) is proximal to a distal end of the tissue penetrator (126, Fig. 1B).
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Response to Arguments
Applicant’s arguments with respect to claim(s) 21-40 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHONG SON DANG whose telephone number is (571)270-5809. The examiner can normally be reached Mon-Fri 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 571-272-7134. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PHONG SON H DANG/Primary Examiner, Art Unit 3771
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