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 .
Response to Amendment
The amendment filed August 19, 2026 has been entered. Claims 1, 4-11, and 14-20 are currently pending.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 5-6, 8-11, 15-16, and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pierce et al. (US 2010/0198235, hereinafter Pierce) in view of Freudenthal (US 2009/0112244, hereinafter “Freudenthal”) and Korman et al. (US 2022/0338865, hereinafter “Korman”, as cited on the 8/19/2026 IDS).
Regarding claims 1 and 11, Pierce discloses a method for repairing tissue substantially as claimed, the method (Figs 11-18; para [0112-0116]) comprising: advancing a snare loop (70) from a distal end of a body portion of a snare device such that a piercing element (sharp distal tip 25 of body portion) pierces a tissue, wherein the snare loop (70) comprises a monofilament (Figs 13-14), wherein the snare loop is sized to extend through tissue from a first end and expand beyond a second end (Fig 14); advancing a fixation material (suture 15) through the snare loop (Fig 16); and after advancing the fixation material through the snare loop, retracting the snare loop at least partially into the body portion of the snare device to capture the fixation material (Figs 17-18), and retracting the snare device to pull the fixation material through the tissue (Fig 18).
However, Pierce teaches the piercing element is the sharpened distal tip 25 of the body portion of the snare device and fails to disclose the piercing element is a distal end of the snare loop. Freudenthal discloses a similar method and teaches advancing a snare loop (12) having a piercing element (pointed portion 16) on a distal end thereof to provide a means for puncturing tissue walls in addition to the body portion of the snare device (sheath 20) having a piercing element on a distal end thereof (tapering distal end) able to puncture tissue (para [0064]). “FIGS. 22A-C show the puncturing step by use of the sheath 20 and the pointed portion 16 of loop 12” (para [0064]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Pierce such that the distal end of the snare loop also had a piercing element to pierce tissue, as taught by Freudenthal, for the purpose of allowing both the snare and the body portion to pierce tissue to further ensure the snare may be easily advanced through the tissue.
As discussed above, Pierce teaches after advancing the body portion of the snare device (25) through tissue (65) (Figs 13-14) and retracting the snare loop (70) at least partially into the body portion (25) of the snare device to capture the fixation material (15) (Fig 17), retracting the snare device to pull the fixation material through the tissue (Fig 18). However, Pierce fails to disclose the tissue may comprise a tunnel in a bone. Korman discloses a similar method of passing a snare device and snare (318a, b) through tissue to repair tissue and teaches the method may comprise attaching soft tissue to bone (1120), wherein method comprises forming one or more holes through a first portion of bone forming a tunnel in the bone using a clamping drill guide (step 1028, Fig 27), passing the snare device through the tunnel in the bone (step 1030, Fig 27), wherein the snare loop is sized to extend through the bone tunnel from a first end and expand beyond a second end of the tunnel (step 1032, Fig 27; Fig 36) and capture and retract the fixation material (204a, b) with the snare loop (para [0015-0121]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the combination of Pierce and Freudenthal such that advancing the snare device through tissue included advancing the snare device through a tunnel in a bone so the method could be useful in additional soft tissue repair, such as a metatarsophalangeal (MTP) joint, as taught by Korman (para [0056]).
Regarding claims 5 and 15, Pierce teaches exposing the snare loop comprises extending the snare loop (70) beyond the snare device (25) a sufficient distance to allow a fixation device to be advanced through the snare loop (Fig 14). However, Pierce does not disclose the precise distance. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to further modify the combination such that snare loop was extended 8-10 cm beyond a distal end of the body portion of the snare device, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claims 6 and 16, Pierce teaches wherein retracting the snare loop (70) to capture the fixation material (suture 15) comprises pulling the fixation material/suture into the body portion (25) of the snare device (Fig 17; para [0116]).
Regarding claims 8 and 18, Pierce teaches the method further comprises extending the snare loop (70) through a tissue repair guide (elongated cannula 10), the tissue repair guide configured to guide the snare loop (para [0113]).
Regarding claims 9 and 19, Pierce teaches wherein advancing the snare loop (70) from the distal end of the body portion comprises moving a sliding actuator (75) on the body portion (Fig 19; para [120-121]).
Regarding claims 10 and 20, wherein advancing the snare loop (70) from the distal end of the body portion comprises moving a movable portion (75) of the body portion with respect to a main portion (20) of the body portion (Fig 19; para [120-121]).
Claim(s) 4 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pierce et al. (US 2010/0198235), Freudenthal (US 2009/0112244), and Korman (US 2022/0338865), as applied to claims 1 and 11 above, further in view of Knapp et al. (US 2008/0086171, hereinafter “Knapp”).
Pierce, Freudenthal, and Korman disclose the invention substantially as claimed, as shown above, but fail to disclose the piercing element comprises a plurality of ends of the monofilament twisted together. Knapp discloses a similar method and teaches a snare loop (Fig 1) comprising a plurality of ends of the monofilament twisted together (120) (para [0067]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the combination of Pierce, Freudenthal, and Korman such that a plurality of ends of the monofilament were twisted together, as taught by Knapp, since Knapp teaches twisting a wire or monofilament together is one of a finite number of means for forming a snare and a person with ordinary skill has good reason to pursue the known options within his or her technical grasp.
Claim(s) 7 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pierce et al. (US 2010/0198235), Freudenthal (US 2009/0112244), and Korman (US 2022/0338865), as applied to claims 1 and 11 above, further in view of Diduch (US 2002/0147456).
Pierce, Freudenthal, and Korman disclose the invention substantially as claimed, as shown above, but fail to disclose the piercing element comprises a plurality of monofilaments, wherein a distal tip of each monofilament is welded together. Diduch discloses a similar method and teaches a snare loop (Fig 1d) comprising a plurality of wires or monofilaments joined by welding or other attachment means (para [0047]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the combination of Pierce, Freudenthal, and Korman such that the piercing element comprised a plurality of monofilaments, wherein a distal tip of each monofilament is welded together, since Diduch teaches welding wires or monofilaments together is one of a finite number of attachment means for forming a snare and a person with ordinary skill has good reason to pursue the known options within his or her technical grasp.
Response to Arguments
Applicant’s arguments, see amendment, filed August 19, 2026, with respect to the rejection(s) of claim(s) 1, 5-6, 8-11, 15-16, and 18-20 under 35 USC 103 as being unpatentable over Pierce (US 2010/0198235) and Freudenthal (US 2009/0112244) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Korman (US 2022/0338865).
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.
Additionally, Applicant's submission of an information disclosure statement under 37 CFR 1.97(c) with the timing fee set forth in 37 CFR 1.17(p) on August 19, 2026 prompted the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 609.04(b). 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.
/KATHERINE M RODJOM/Primary Examiner, Art Unit 3771
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