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)(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) 21-24, 26, and 27 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hammer et al. (Pub. No. US 2010/0094349 A1).
Regarding claims 21-24, 26, and 27, Hammer et al. discloses a bone fixation system 1100 (figure 11), comprising: an inner receiver 1140 nested within an outer receiver 1105 (figure 11); a bone fastener 1103 connected to a distal end of the outer receiver (figure 11); the inner receiver 1140 having two oppositely disposed longitudinally elongated notches 1148 formed in an outer surface of the inner receiver (figure 11); the outer receiver 1105 having two oppositely disposed holes 1372 (figure 13); a pin 1120 passed laterally into each of the two holes and into each of the notches 1148 to connect the inner receiver 1140 to the outer receiver 1105 such that the inner receiver 1140 is permitted to translate longitudinally relative to the outer receiver 1105 and the bone fastener 1103 (figure 11). The notches 1148 include proximal and distal ends against which the pins 1120 abut to limit translation of the inner receiver 1140 (figure 11). The bone fixation system further comprises a bone fastener 1103 connected at a distal end (figure 11). The inner receiver 1140 includes a U-shaped channel 1142 (figure 16). The holes 1372 extend from an outer surface to an inner surface of the outer receiver 1105 (figure 11). The system further including a lock 1107 fixedly connected to the inner receiver 1140 at a bottom of the inner receiver (the lock 1107 is connected via assembly with the outer receiver, figure 11).
Allowable Subject Matter
Claims 25 and 28-40 are allowed.
Response to Arguments
Applicant’s arguments with respect to claim(s) 21-24, 26, and 27 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 Lynnsy Summitt whose telephone number is (571)270-78567856. The examiner can normally be reached on Monday through Thursday from 8am until 5pm.
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Eduardo Robert, at (571) 272-4719. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/LYNNSY M SUMMITT/Primary Examiner, Art Unit 3773
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