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1. WO2020109817 - IMPLANT ASSEMBLY AND ASSOCIATED METHODS OF MANUFACTURING


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INTERNATIONAL SEARCH REPORT (ISR)
Part 1:  1  2  3  4  5  6          Part 2:  A  B  C  D  E 
International application No. Applicant's or agent's file reference
PCT/GB2019/053385 P223473WO/RO
International filing date (day/month/year) (Earliest) Priority Date (day/month/year)
29 November 2019 29 November 2018
Applicant
XIROS LIMITED
FOR FURTHER ACTION: See Form PCT/ISA/220 as well as, where applicable, item 5 below.
This international search report has been prepared by this International Searching Authority and is transmitted to the applicant according to Article 18. A copy is being transmitted to the International Bureau.
It is also accompanied by a copy of each prior art document cited in this report.
1. Basis of the report
a. With regard to the language, the international search was carried out on the basis of:
the international application in the language in which it was filed.
a translation of the international application into                                          which is the language of a translation furnished for the purposes of international search (Rules 12.3(a) and 23.1(b)).
b.
This international search report has been established taking into account the rectification of an obvious mistake authorized by or notified to this Authority under Rule 91 (Rule 43.6bis(a)).
c.
With regard to any nucleotide and/or amino acid sequence disclosed in the international application, the international search was carried out on the basis of a sequence listing:
2. Certain claims were found unsearchable
This international search report has not been established in respect of certain claims under Article 17(2)(a) for the following reasons:
1.
Claims Nos.:
because they relate to subject matter not required to be searched by this Authority, namely:
2.
Claims Nos.: 45-48
because they relate to parts of the international application that do not comply with the prescribed requirements to such an extent that no meaningful international search can be carried out, specifically:
Claims 45-48 disclose methods of treatment by surgery practised on the human body contrary to Rule 39.1(iv) PCT.
Claims 45-48 pertain to methods for carrying out tissue repair involving the fixation of an implant within a tunnel in a bone comprising the step of fixating an implant within a tunnel in a bone obviously forming part of a surgical procedure. The Authority is therefore not required to carry out international search preliminary examination.
The applicant's attention is drawn to the fact that claims relating to inventions in respect of which no international search report has been established need not be the subject of an international preliminary examination (Rule 66.1(e) PCT). The applicant is advised that the EPO policy when acting as an International Preliminary Examining Authority is normally not to carry out a preliminary examination on matter which has not been searched. This is the case irrespective of whether or not the claims are amended following receipt of the search report or during any Chapter II procedure. If the application proceeds into the regional phase before the EPO, the applicant is reminded that a search may be carried out during examination before the EPO (see EPO Guidelines C-IV, 7.2), should the problems which led to the Article 17(2) declaration be overcome.
3.
Claims Nos.:
because they are dependent claims and are not drafted in accordance with the second and third sentences of Rule 6.4(a).
3. Unity of invention is lacking
This International Searching Authority found multiple inventions in this international application, as follows:
1. claims: 1-44
An implant assembly, and its method of manufacturing, for use in tissue repair, the implant assembly having an adjustable length and comprising:a fixation device comprising a bone facing surface, an outer surface opposite the bone facing surface, a first aperture extending through the fixation device from the outer surface to the bone facing surface, and at least a second aperture extending through the fixation device from the outer surface to the bone facing surface;a flexible elongate element secured to the fixation device, the flexible elongate element having a first free end and a second free end, in which the flexible elongate element passes through apertures of the fixation device so that:at least two bone-side loops are formed which each extend from at least one of the apertures at the bone facing surface of the fixation device, at least one of the bone-side loops forming a support loop adapted to be located at least partly within a bone tunnel;at least one fixation loop is formed which extends from one of the apertures at the outer surface of the fixation device to another one of the apertures at the outer surface of the fixation device; andan adjustable knot arrangement is formed comprising an adjustable knot which is positionable on the outer surface of the fixation device, a first leg extending from the knot to the first free end of the elongate element and a second leg extending from the knot to the second free end of the elongate element;in which the flexible elongate element is securable to the fixation device by the fixation loop, the fixation loop passing over at least part of the adjustable knot arrangement to clamp the knot arrangement to the fixation device when the bone-side loops are tensioned relative to the fixation device;so as to allow a length of each of the bone-side loops to be adjusted.
2. claims: 49, 66-70, 77
An implant construction device, and its method of manufacturing, for forming an implant assembly adapted to be used in tissue repair, the implant construction device comprising:a fixation device comprising a bone facing surface, an outer surface opposite the bone facing surface, a first aperture extending through the fixation device from the outer surface to the bone facing surface, and at least a second aperture extending through the fixation device from the outer surface to the bone facing surface;a flexible elongate element coupled to the fixation device; anda manipulating element for use in constructing the implant assembly, the manipulating element being flexible and elongate and comprising a first end forming at least part of a capturing loop and a second end, the manipulating element extending through an aperture of the fixation device so that a portion of the manipulating element comprising its first end extends from the aperture at the bone facing surface of the fixation device and a portion of the manipulating element comprising its second end extends from the aperture at the outer surface of the fixation device; andan adjustable knot which is positionable on the outer surface of the fixation device;in which the flexible elongate element has a first end and a second end, and the flexible elongate element passes through apertures of the fixation device so that:a bone-side loop is formed which extends from at least one of the apertures at the bone facing surface of the fixation device;a knot fixation loop is formed which extends from one of the apertures at the outer surface of the fixation device to another one of the apertures at the outer surface of the fixation device; anda portion of the flexible elongate element comprising the first end extends from one of the apertures at the outer surface of the fixation device and a portion of the flexible elongate element comprising the second end extends from one of the apertures at the bone facing surface of the fixation device;and in which the adjustable knot is formed by the portion of the manipulating element extending from said aperture of the fixation device and comprising its second end, and the portion of the flexible elongate element extending from said aperture of the fixation device and comprising its first end.
3. claims: 50-65, 71-76
An implant construction device, and its method of manufacturing, for forming an implant assembly adapted to be used in tissue repair, the implant construction device comprising:a fixation device comprising a bone facing surface, an outer surface opposite the bone facing surface, a first aperture extending through the fixation device from the outer surface to the bone facing surface, and at least a second aperture extending through the fixation device from the outer surface to the bone facing surface;a flexible elongate element coupled to the fixation device; andfirst and second manipulating elements for use in constructing the implant assembly, the manipulating elements being flexible and elongate and each comprising a first end forming at least part of a capturing loop and a second end, the manipulating elements each extending through an aperture of the fixation device so that portions of the manipulating elements comprising their first ends extend from said aperture at the bone facing surface of the fixation device and portions of the manipulating elements comprising their second ends extend from said aperture at the outer surface of the fixation device; andan adjustable knot which is positionable on the outer surface of the fixation device;in which the flexible elongate element has a first end and a second end, and the flexible elongate element passes through apertures of the fixation device so that:a bone-side loop is formed which extends from at least one of the apertures at the bone facing surface of the fixation device;a first knot fixation loop is formed which extends from one of the apertures at the outer surface of the fixation device to another one of the apertures at the outer surface of the fixation device;a second knot fixation loop is formed which extends from one of the apertures at the outer surface of the fixation device to another one of the apertures at the outer surface of the fixation device;a portion of the flexible elongate element comprising the first end, and a portion of the flexible elongate element comprising the second end, each extend from one of the apertures at the bone facing surface of the fixation device;and in which the adjustable knot is formed by a portion of the first manipulating element extending from said aperture of the fixation device and comprising its second end, and a portion of the second manipulating element extending from said aperture of the fixation device and comprising its second end.
1.
As all required additional search fees were timely paid by the applicant, this international search report covers all searchable claims.
2.
As all searchable claims could be searched without effort justifying additional fees, this Authority did not invite payment of additional fees.
3.
As only some of the required additional search fees were timely paid by the applicant, this international search report covers only those claims for which fees were paid, specifically claims Nos.:
4.
No required additional search fees were timely paid by the applicant. Consequently, this international search report is restricted to the invention first mentioned in the claims; it is covered by claims Nos.:
Remark on Protest
The additional search fees were accompanied by the applicant’s protest and, where applicable, the payment of a protest fee.
The additional search fees were accompanied by the applicant’s protest but the applicable protest fee was not paid within the time limit specified in the invitation.
No protest accompanied the payment of additional search fees.
4. Title of the invention
The text is approved as submitted by the applicant.
The text has been established by this Authority to read as follows:
IMPLANT ASSEMBLY AND ASSOCIATED METHODS OF MANUFACTURING

5. Abstract
The text is approved as submitted by the applicant.
The text has been established, according to Rule 38.2, by this Authority as it appears in Box No. IV. The applicant may, within one month from the date of mailing of this international search report, submit comments to this Authority.
6. Drawings
a.
The figure of the drawings to be published with the abstract is Figure No.     11b    
as suggested by the applicant.
as selected by this Authority, because the applicant failed to suggest a figure.
as selected by this Authority, because this figure better characterizes the invention.
b.
none of the figures is to be published with the abstract.

A. CLASSIFICATION OF SUBJECT MATTER

     A61B 17/04 (2006.01)i; A61F 2/08 (2006.01)i
According to International Patent Classification (IPC) or to both national classification and IPC

B. FIELDS SEARCHED

Minimum documentation searched (classification system followed by classification symbols):
     A61B; A61F
Documentation searched other than minimum documentation to the extent that such documents are included in the fields searched:
Electronic data base consulted during the international search (name of data base and, where practicable, search terms used):
EPO-Internal, WPI Data

C. DOCUMENTS CONSIDERED TO BE RELEVANT

Category* Citation of document, with indication, where appropriate, of the relevant passages Relevant to claim No.
(1)
X
US 2016157851 A1 (SPENCINER DAVID B [US]) 09 June 2016 (2016-06-09)
1-38,41-44
A
paragraphs [0058], [0066], [0065]; figure 5
49-77
(2)
X
WO 2018169961 A1 (ARTHREX INC [US]) 20 September 2018 (2018-09-20)
1-3,6,9,10,24
A
paragraphs [0056], [0070], [0106]; figures 14-15
4,5,7,8,11-23,25-44,49-77
(3)
X
US 2012310279 A1 (SIKORA GEORGE J [US] ET AL) 06 December 2012 (2012-12-06)
1-3
figure 1
(4)
A
US 2013197580 A1 (PERRIELLO MICHAEL JAMES [US] ET AL) 01 August 2013 (2013-08-01)
1-44
paragraphs [0024] - [0030]
(5)
A
US 2015196385 A1 (KAM ANDREW S [US] ET AL) 16 July 2015 (2015-07-16)
1-44
paragraphs [0023] - [0026]; figure 3
(6)
A
US 2010256677 A1 (ALBERTORIO RICARDO [US] ET AL) 07 October 2010 (2010-10-07)
1-44,49-77
paragraphs [0050] - [0052]; claim 1
(7)
A
EP 2581047 A1 (ARTHREX INC [US]) 17 April 2013 (2013-04-17)
1-44,49-77
paragraphs [0028] - [0035]
(8)
A
US 2012065732 A1 (ROLLER BRANDON L [US] ET AL) 15 March 2012 (2012-03-15)
1-44,49-77
column 5, line 11 - column 6, line 26
(9)
A
US 2017049434 A1 (DOONEY JR THOMAS [US] ET AL) 23 February 2017 (2017-02-23)
1-44,49-77
paragraphs [0029] - [0037]
(10)
A
US 8628573 B2 (ROLLER BRANDON L [US]; ZAJAC ERIC S [US] ET AL.) 14 January 2014 (2014-01-14)
1-44,49-77
column 5, line 20 - column 6, line 26
*
Special categories of cited documents:
"A"
document defining the general state of the art which is not considered to be of particular relevance
"D"
document cited by the applicant in the international application
"E"
earlier application or patent but published on or after the international filing date
"L"
document which may throw doubts on priority claim(s) or which is cited to establish the publication date of another citation or other special reason (as specified)
"O"
document referring to an oral disclosure, use, exhibition or other means
"P"
document published prior to the international filing date but later than the priority date claimed
"T"
later document published after the international filing date or priority date and not in conflict with the application but cited to understand the principle or theory underlying the invention
"X"
document of particular relevance; the claimed invention cannot be considered novel or cannot be considered to involve an inventive step when the document is taken alone
"Y"
document of particular relevance; the claimed invention cannot be considered to involve an inventive step when the document is combined with one or more other such documents, such combination being obvious to a person skilled in the art
"&"
document member of the same patent family

D. INFORMATION ON PATENT FAMILY MEMBERS

Patent document cited in search report Publication date
(day/month/year)
Patent family member(s) Publication date
(day/month/year)
US 2016157851 A1
09 June 2016
US 2016157851 A1
US 2018333154 A1
09 June 2016
22 November 2018
WO 2018169961 A1
20 September 2018
AU 2018236196 A1
CA 3055945 A1
EP 3595540 A1
US 2020015804 A1
WO 2018169961 A1
03 October 2019
20 September 2018
22 January 2020
16 January 2020
20 September 2018
US 2012310279 A1
06 December 2012
AU 2012261928 A1
BR 112013030841 A2
CN 104010579 A
EP 2713893 A1
JP 5972365 B2
JP 2014523283 A
MX 351985 B
RU 2013157033 A
US 2012310279 A1
US 2015039031 A1
US 2017181740 A1
US 2019321026 A1
WO 2012167138 A1
ZA 201309056 B
19 December 2013
29 November 2016
27 August 2014
09 April 2014
17 August 2016
11 September 2014
03 November 2017
20 July 2015
06 December 2012
05 February 2015
29 June 2017
24 October 2019
06 December 2012
27 August 2014
US 2013197580 A1
01 August 2013
AU 2013214999 A1
CN 104394777 A
EP 2809242 A1
JP 2015507952 A
KR 20140117539 A
RU 2014133969 A
US 2013197580 A1
US 2015112385 A1
WO 2013116573 A1
ZA 201405599 B
21 August 2014
04 March 2015
10 December 2014
16 March 2015
07 October 2014
20 March 2016
01 August 2013
23 April 2015
08 August 2013
28 October 2015
US 2015196385 A1
16 July 2015
US 2015196385 A1
US 2017273776 A1
US 2018185136 A1
16 July 2015
28 September 2017
05 July 2018
US 2010256677 A1
07 October 2010
NONE
EP 2581047 A1
17 April 2013
EP 2581047 A1
US 2013096612 A1
US 2019223858 A1
17 April 2013
18 April 2013
25 July 2019
US 2012065732 A1
15 March 2012
EP 2455040 A1
US 2012065732 A1
US 2014081399 A1
US 2016354197 A1
23 May 2012
15 March 2012
20 March 2014
08 December 2016
US 2017049434 A1
23 February 2017
EP 3337407 A1
JP 2018523543 A
US 2017049434 A1
WO 2017031279 A1
27 June 2018
23 August 2018
23 February 2017
23 February 2017
US 8628573 B2
14 January 2014
EP 2455040 A1
US 2012065732 A1
US 2014081399 A1
US 2016354197 A1
23 May 2012
15 March 2012
20 March 2014
08 December 2016
Name and mailing address of the ISA/:
European Patent Office
P.B. 5818, Patentlaan 2, 2280 HV Rijswijk,
Netherlands
Telephone No. (+31-70)340-2040
Facsimile No. (+31-70)340-3016
Date of the actual completion of the international search:
13 March 2020
Date of mailing of the international search report:
25 March 2020
Authorized officer:
Chopinaud, Marjorie
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