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 Arguments
Applicant’s arguments, see pg 8 line 23 - pg 9 line 13, filed 02/17/2026, with respect to the rejection(s) of claim(s) 1-6 under 35 U.S.C. 103 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 Therefore, the rejection has been withdrawn.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 Hollis (US 2017/0007305 A1).
Claim Status
The claim objection have been overcome.
Claims 1-6 are examined below.
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 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hollis (US 2017/0007305 A1).
Regarding claim 1, Hollis teaches a supra plate implant system for joining boney structures (800, assembly, fig. 8A) comprising:
a first non-threaded anchor (804, peg, fig. 8A, left side) having a first center axis (see annotated fig. 8E, below) including, a first non-threaded elongated body (834, leg, fig. 8F); a first non-threaded head coupled to a proximal end of the first non- threaded elongated body (832, head, fig. 8F), the first non-threaded head including, a concentric portion of the first non-threaded head that is substantially concentric to the first center axis (see annotated fig. 8E, below), and a first offset portion of the first non-threaded head that is offset from the first center axis (see annotated fig. 8E, below);
a second non-threaded anchor(804, peg, fig. 8A, right side) having a second center axis (see annotated fig. 8E, below) including, a second non-threaded elongated body (834, leg, fig. 8F); a second non-threaded head coupled to a proximal end of the second non-threaded elongated body (832, head, fig. 8F), the second non-threaded head including, a concentric portion of the second non-threaded head that is substantially concentric to the second center axis (see annotated fig. 8E, below), and a second offset portion of the second non-threaded head that is offset from the second center axis (see annotated fig. 8E, below);
a supra plate implant (802, bone plate, fig. 8A) including, a main body having a proximal surface (812, obverse side, fig. 8A) and a distal surface (814, reverse side, fig. 8B) wherein the distal surface is on an opposing side of the main body relative to the proximal surface (figs.8 A-8B),
a first end portion of the main body including a first aperture defined therein (816, hole, fig. 8F, left side), running from the proximal surface through the main body to the distal surface (fig. 8G), the first aperture having a first sloped engagement surface (see annotated fig. 8D, below), the first aperture sized and shaped to fully accept the first head only when the first sloped engagement surface engages the offset portion of the first head to force a first transverse movement of the first head (¶ [0085], figs. 8D-8E); and
a second end portion of the main body including a second aperture defined therein (816, hole, fig. 8F, right side), the second aperture running from the proximal surface through the main body to the distal surface (fig. 8G), the second aperture having a second sloped engagement surface (see annotated fig. 8D, below), the second aperture sized and shaped to fully accept the second head only when the second sloped engagement surface engages the offset portion of the second head to force a second transverse movement of the second head (¶ [0085], figs. 8D-8E, functional language).
Regarding the first and second apertures, the phrase “the aperture sized and shaped to fully accept the head only when the sloped engagement surface engages the offset portion of the head to force a transverse movement of the second head” is a functional recitation (see MPEP 2114.II). The prior art is not required to explicitly disclose the recited function, but merely have the capability of performing [or being manipulated to] the recited function in order to meet the claim requirements. In this case, the hole 816 is considered to be capable of fully accepting the head when the sloped engagement surface engages the offset portion of the head to force a transverse movement.
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Regarding claim 2, Hollis further teaches the first sloped engagement surface is a first force applying surface sized and shaped to assert a first transverse force on the offset portion of the first head as the offset portion of the first head slidingly engages the first force applying surface (figs. 8D-8E, ¶ [0085]).
The phrase “a first force applying surface sized and shaped to assert a first transverse force on the offset portion of the first head as the offset portion of the first head slidingly engages the first force applying surface” is a functional recitation (see MPEP 2114.II). The prior art is not required to explicitly disclose the recited function, but merely have the capability of performing [or being manipulated to] the recited function in order to meet the claim requirements. In this case, the sloped engagement surface is considered to be capable of assert a first transverse force of the offset portion.
Regarding claim 3, Hollis further teaches the first aperture incudes a first opposing sloped surface opposing the first sloped engagement surface (see annotated fig. 8D, below) and the second aperture includes a second opposing sloped surface opposing the second sloped engagement surface (see annotated fig. 8D, below).
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Regarding claim 4, Hollis further teaches the first aperture is longitudinally aligned with the second aperture (fig. 8A).
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) 5-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hollis in view of Pfefferle (US 2005/0182408 A1).
Regarding claim 5, Hollis further teaches a non-threaded anchor (804, peg, fig. 8A) having a third center axis, including (see annotated fig. 8E, below), a third non-threaded elongated body( 834, leg, fig. 8F); a third non-threaded head coupled to a proximal end of the third non- threaded elongated body (832, head, fig. 8F), the third head including, a concentric portion of the third head that is substantially concentric to the third center axis (see annotated fig. 8E, below), an offset portion of the third head that is offset from the third center axis (see annotated fig. 8E, below); and
a third aperture defined therein (816, hole, fig. 8F), the third aperture running from the proximal surface through the main body to the distal surface (fig. 8G), the third aperture having a third sloped engagement surface (see annotated fig. 8D, below), the third aperture shaped to fully accept the third head only when the third sloped engagement surface engages the offset portion of the third head to force a third transverse movement of the third head (¶ [0085], figs. 8D-8E).
The phrase “the third aperture shaped to fully accept the third head only when the third sloped engagement surface engages the offset portion of the third head to force a third transverse movement of the third head” is a functional recitation (see MPEP 2114.II). The prior art is not required to explicitly disclose the recited function, but merely have the capability of performing [or being manipulated to] the recited function in order to meet the claim requirements. In this case, the hole 816 is considered to be capable of fully accepting the head when the sloped engagement surface engages the offset portion of the head to force a transverse movement.
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Hollis fails to teach a third anchor. However, Pfefferle teaches a supra bone plate implant that includes a third anchor (30, bone screw, fig. 6A). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filling date of the claim invention to include a third anchor, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art (see MPEP 2144) in order to increase stability of the implant.
Regarding claim 6, Hollis further teaches a non-threaded anchor (804, peg, fig. 8A) having a fourth center axis (see annotated fig. 8E, below) including, a fourth non-threaded elongated body (834, leg, fig. 8F); a fourth non-threaded head coupled to a proximal end of the fourth non- threaded elongated body (832, head, fig. 8F), the fourth head including, a concentric portion of the fourth head that is substantially concentric to the fourth center axis (see annotated fig. 8E, below), an offset portion of the fourth head that is offset from the fourth center axis (see annotated fig. 8E, below); and
a fourth aperture defined therein (816, hole, fig. 8F), the fourth aperture running from the proximal surface through the main body to the distal surface (fig. 8G), the fourth aperture having a fourth sloped engagement surface (see annotated fig. 8D, below), the fourth aperture shaped to fully accept the fourth head only when the fourth sloped engagement surface engages the offset portion of the fourth head to force a fourth transverse movement of the fourth head (¶ [0085], figs. 8D-8E).
The phrase “the fourth aperture shaped to fully accept the fourth head only when the fourth sloped engagement surface engages the offset portion of the fourth head to force a fourth transverse movement of the fourth head” is a functional recitation (see MPEP 2114.II). The prior art is not required to explicitly disclose the recited function, but merely have the capability of performing [or being manipulated to] the recited function in order to meet the claim requirements. In this case, the hole 816 is considered to be capable of fully accepting the head when the sloped engagement surface engages the offset portion of the head to force a transverse movement.
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Hollis fails to teach a fourth anchor. However, Pfefferle teaches a supra bone plate implant that includes a third anchor (30, bone screw, fig. 6A). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filling date of the claim invention to include a fourth anchor, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art (see MPEP 2144) in order to increase stability of the implant.
Conclusion
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/T.M.D./Examiner, Art Unit 3774
/THOMAS C BARRETT/SPE, Art Unit 3799
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