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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on March 13, 2026 has been entered.
As directed by the amendment, claims 1, 17, 21 have been amended and claims 6, 9-16 were previously withdrawn. As such, claims 1-3, 5, 7-8, 17, 19-21 remain under consideration in the instant application.
Claim Rejections - 35 USC § 102
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) 1-3, 5, 7-8, 17, 19-21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Reimels et al. (US 2007/0293864), hereinafter “Reimels”.
Regarding claim 1, Reimels discloses a rib implant system (8, FIGS. 2-6) comprising: a first implant (11) securable to a first rib portion of a rib; a second implant (12) securable to a second rib portion of the rib; and a reduction member (14 with 20) connected to the first implant and the second implant, the reduction member operable to move the second implant and the second rib portion toward the first implant and the first rib portion (¶27), further comprising: a third implant (10) securable to a third portion of the rib when the third portion of the rib is misaligned from one or more of the first portion of the rib and the second portion of the rib, the third implant including a reduction feature including a reduction passage (opening through which 14 passes, FIG. 5) extending through at least a portion of the third implant, the reduction passage to receive at least a portion of the reduction member therethrough to move the third implant to align the third implant with the first implant and the second implant and to move the misaligned third rib portion to align the third rib portion with the second rib portion and the first rib portion when the reduction member is adjusted from a first configuration to a second configuration (¶27).
Regarding claim 2, Reimels discloses the rib implant system of claim 1, wherein the first implant includes a first fastener bore (16) to receive a first fastener therethrough to secure the first implant to the first rib portion.
Regarding claim 3, Reimels discloses the rib implant system of claim 2, wherein the second implant includes a second fastener bore (leftmost 16 of 12) to receive a second fastener therethrough to secure the second implant to the second rib portion, and includes an overlap fastener bore (rightmost 16 of 12) to receive a third fastener therethrough to secure the second implant to the first rib portion.
Regarding claim 5, Reimels discloses the rib implant system of claim 3, wherein the first implant includes a first fastener bore (16 of 11) to receive a first fastener therethrough to secure the first implant to the first rib portion, wherein the second implant includes a second fastener bore (leftmost 16 of 12) to receive a second fastener therethrough to secure the second implant to the second rib portion, and wherein the third implant includes a third fastener bore (rightmost 16 of 10) to receive a fastener therethrough to secure the third implant to the third rib portion.
Regarding claim 7, Reimels discloses the rib implant system of claim 2, wherein the reduction member is a tether (14 or 20) secured to the first implant and engageable with the second implant, the tether extendable through the third implant (FIG. 5), such that operation of the tether aligns the third implant with the first implant and the second implant to align the third rib portion with the first rib portion and the second rib portion (FIGS. 2-3).
Regarding claim 8, Reimels discloses the rib implant system of claim 7, wherein the second implant includes a second reduction passage (opening through which 14 passes, FIG. 5) extending through at least a portion of the second implant, the second reduction passage to receive at least a portion of the tether therethrough to align the second implant with the first implant and the third implant and to align the second rib portion with the third rib portion and the first rib portion when the reduction member is operated (FIGS. 2-3).
Regarding claim 21, Reimels discloses the rib implant system of claim 1, a retainer (26) securable to the reduction member, the retainer engageable with the reduction passage to limit movement of the reduction member (FIG. 5).
Regarding claim 17, Reimels discloses a rib implant system (8, FIGS. 2-6) comprising: a first implant (11) securable to a first rib portion of a rib; a second implant (12) securable to a second rib portion of the rib; and a tether (14 or 20) connected to the first implant and the second implant, wherein the first implant includes a first retention passage (opening through which 14 passes, FIG. 5) extending through at least a portion of the first implant, wherein the second implant includes a second retention passage (opening through which 14 passes, FIG. 5) extending through at least a portion of the second implant, the first retention passage and the second retention passage to receive at least a portion of the tether therethrough to align the second implant with the first implant and to align the second rib portion with the first rib portion (FIGS. 2-3); and a third implant (10) securable to a third portion of the rib when the third portion of the rib is misaligned from one or more of the first portion of the rib and the second portion of the rib, the third implant including a reduction passage (opening through which 14 passes, FIG. 5) extending through at least a portion of the third implant, the reduction passage configured to receive at least a portion of the reduction member therethrough to move the third implant to align the third implant with the first implant and the second implant and to move the misaligned third rib portion to align the third rib portion with the second rib portion and the first rib portion when the reduction member is adjusted from a first configuration to a second configuration (¶27).
Regarding claim 19, Reimels discloses the rib implant system of claim 17, wherein the tether includes a head (22 or 24) engageable with the first implant to limit movement of the tether with respect to the first implant.
Regarding claim 20, Reimels discloses the rib implant system of claim 19, wherein the tether includes a first portion (20) securable to a second portion (14) to adjust a length of the tether.
Response to Arguments
In response to Applicant's argument that Reimels fails to disclose the implants “a third implant securable to a third portion of the rib when the third portion of the rib is misaligned from one or more of the first portion of the rib and the second portion of the rib, the third implant including a reduction passage extending through at least a portion of the third implant, the reduction passage configured to receive at least a portion of the reduction member therethrough to move the third implant to align the third implant with the first implant and the second implant and to move the misaligned third rib portion to align the third rib portion with the second rib portion and the first rib portion when the reduction member is adjusted from a first configuration to a second configuration”, Examiner respectfully disagrees.
According to the Cambridge Dictionary “misalign” is defined as “to arrange parts of a machine or system so that they do not fit together correctly, with the result that they do not work well together”. As best understood, Applicant is using “alignment” as requiring a colinear relationship between implants and rib portions. However, under broadest reasonable interpretation, rib portions that “do not fit together correctly”, i.e., pre-contraction, also qualify as misaligned.
Additionally, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLIVIA C CHANG whose telephone number is (571) 270-5017. The examiner can normally be reached Monday-Friday, 7:30AM-5:00PM.
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, KEVIN TRUONG, at (571) 272-4705. The fax phone number for the organization where this application or proceeding is assigned is 571 -273-8300.
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/OLIVIA C CHANG/Primary Examiner, Art Unit 3775
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