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 amendments filed on 04/22/2026 have been entered. Claims 1-10, 12-19, and 22 remain pending in the application.
Allowable Subject Matter
Claims 1-10 and 12-19 are allowed.
The following is an examiner’s statement of reasons for allowance: Regarding claims 1 and 17, the prior art of record fails to teach or render obvious a plate holding forceps having a first jaw with an inner funnel shaped through bore and a pointed nub configured to extend orthogonally from the first jaw, in combination with the remaining limitations of the claim. The closest prior art is Detweiler (US 2021/0177471) which discloses the limitations of claims 1 and 17 as outlined in the previous rejection dated 01/23/2026, but is silent regarding a pointed nub configured to extend orthogonally from the first jaw, nor would this feature have been an obvious modification to make to the device of Detweiler.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
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) 22 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ateshian et al. (US 2021/0298780).
Regarding claim 22, Ateshian et al. discloses a plate holding forceps for one-hand use (Forceps 800, FIGs 8A-8D, [0063-0071]), wherein the forceps are configured to press a bone plate to bone (The forceps are at least configured such that they could clamp a bone plate to bone. [0004] discloses use of the forceps in surgical procedures involving bone), the forceps comprising: a clamp portion (Portion of the forceps distal to pivot pin 803, FIG 8A), including a first jaw (821, [0064, 0065, 0067], FIG 8A and 8D) and second jaw (822, [0064, 0065, 0067], FIG 8A) movable towards and away from each other (FIGs 8B-8C, [0068-0069]), wherein at least the first jaw includes a through-bore (817, FIG 8D, [0071]) configured to be aligned with a hole of a bone plate engaged by the plate holding forceps (The bone plate is not positively recited in the claim. The through bore is positioned on the first jaw such that it is at least configured to align with a hole of a bone plate having a corresponding shape and size); and an adjustment portion (Portion of the forceps proximal to pivot pin 803, FIG 8A) configured to adjust a distance between the jaws (Via movement in the direction C, FIGs 8A, [0068]), wherein the adjustment portion includes a first handle part (801) and a second handle part (802) manually movable with the fingers of one hand relative to each other and configured to thereby adjust the distance between the jaws ([0063-0065, 0068-0069]), wherein the first jaw is laterally spaced apart from the first and second handle parts by a distance (See lateral spacing in FIG 8A) defined by a lateral extension of a first step portion (The region between joint 809 and 805 including 812 is interpreted as the first step portion, which laterally spaces the first jaw apart from the second jaw and due to the constrains of the assembled device, also laterally spaces the first jaw from the first and second handle parts), wherein the second jaw is laterally spaced apart from the first and second handle parts by a corresponding second step portion (The region between joint 810 and 804 including 811, [0066-0068], is interpreted as the first step portion, which laterally spaces the first jaw apart from the second jaw and due to the constrains of the assembled device, also laterally spaces the first jaw from the first and second handle parts), wherein both step portions engage in a guiding manner (811 and 812 engage each other at pin 808), and wherein one end of the first step portion comprises a sliding member (806 of 812 is a sliding member, [0068]), which is slidably held within a rail slot in the second step portion (814 is a rail slot of the second step portion, [0068]).
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 BROOKE N LABRANCHE whose telephone number is (571)272-9775. The examiner can normally be reached M-F 8-5.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Elizabeth Houston can be reached at 5712727134. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BROOKE LABRANCHE/Primary Examiner, Art Unit 3771
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