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 .
Election/Restrictions
Claims 25-30 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species (claims 25-30 correspond to withdrawn claims 15-20; see the Non-Final Rejection mailed on July 17, 2025 for an explanation as to the withdrawal of claims 15-20), there being no allowable generic or linking claim. Election was made without traverse in the reply filed on June 26, 2025.
Claim Rejections - 35 USC § 112
Claims 11-14 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 11 recites the limitation "the long bone" in line 6, line 8, and line 13. There is insufficient antecedent basis for this limitation in the claim. Claims 12-14 are rejected because they depend from claim 11. In order to overcome this rejection, the Examiner suggests amending claim 11 to recite “A long bone implant for moving a long bone in a patient’s body” (line 1).
Claims 21-14 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 21 recites the limitation "the long bone" in line 1, lines 6-7, line 10, and lines 13-14. There is insufficient antecedent basis for this limitation in the claim. Claims 22-24 are rejected because they depend from claim 21. In order to overcome this rejection, the Examiner suggests amending claim 21 to recite “A long bone implant for moving a [[the]] long bone in a patient’s body” (line 1).
Allowable Subject Matter
Claims 11-14 and 21-24 are allowable over the prior art and would be allowed upon amending claims 11 and 21 as suggested above to overcome the 35 U.S.C. 112 rejections.
The following is a statement of reasons for the indication of allowable subject matter: the configuration of the drive mechanism and the adjustment rods such that the drive mechanism controls rotation of the second adjustment rod relative to the housing so as to treat a rotational defect of the long bone (claim 11); and the configuration of the rod driver and the adjustment rods such that the rod driver controls rotation of the second adjustment rod relative to the housing so as to treat a rotational defect of the long bone (claim 21).
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 JULIANNA N HARVEY whose telephone number is (571)270-3815. The examiner can normally be reached Mon.-Fri. 8:00am-5:00pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eduardo Robert can be reached at (571)272-4719. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JULIANNA N HARVEY/Primary Examiner, Art Unit 3773
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