Prosecution Insights
Last updated: April 19, 2026
Application No. 18/153,794

CERVICAL PLATE

Final Rejection §103§112
Filed
Jan 12, 2023
Examiner
KU, SI MING
Art Unit
3775
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Mirus LLC
OA Round
4 (Final)
72%
Grant Probability
Favorable
5-6
OA Rounds
3y 2m
To Grant
99%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allow Rate
543 granted / 752 resolved
+2.2% vs TC avg
Strong +34% interview lift
Without
With
+33.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
52 currently pending
Career history
804
Total Applications
across all art units

Statute-Specific Performance

§101
1.1%
-38.9% vs TC avg
§103
39.2%
-0.8% vs TC avg
§102
26.3%
-13.7% vs TC avg
§112
24.7%
-15.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 752 resolved cases

Office Action

§103 §112
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 . Status of the Claims This Office Action is responsive to the amendment filed October 24, 2025. As directed by the amendment: Claims 1, 6, 8, 16, and 28 have been amended. Claims 26 and 27 have been cancelled. Claims 29-35 are newly added. Claims 1-25 and 28-35 are presently pending in this application. Claim Objections Claims 28, 29, 32, and 33 are objected to because of the following informalities: The phrase “can recesses” should be re-written as --cam recesses--. Appropriate correction is required. Claim Rejections - 35 USC § 112(b) The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 29, 31, 33, and 35 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 29 recites the limitation "said body openings" in ll. 5. There is insufficient antecedent basis for this limitation in the claim. Claim 33 recites the limitation "said body openings" in ll. 5. There is insufficient antecedent basis for this limitation in the claim. Claims 31 and 35 are rejected on being dependent to a rejected base claim. Examiner’s Note 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. Claim Rejections - 35 USC § 103 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. Claim(s) 1-9, 13-21, 24, 25, 28, 30, 32, and 34 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sluder et al. (US 2019/0357946), herein referred to as Sluder, and in view of Lewis et al. (US 2021/0236176), herein referred to as Lewis. Regarding claim 1, Sluder discloses a bone plate (200) (figures 2A and 2B) for use as an orthopedic implant (¶39) comprising a body (figures 2A and 2B) that includes first and second sets of screw openings (230”+240”, 230’+240’) (¶48 and figure 2A) and first and second recesses (considered wherein elements 290 are situated in) (figure 2A). Yet, Sluder lacks the first and second recesses are cam recesses. However, Lewis teaches first and second recesses are cam recesses (wherein elements 40 are situated in) (¶23 and figures 1 and 2). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute Sluder’s anti back out mechanism with another anti back out mechanism as taught by Lewis, since such a modification is a mere substitution of one known anti back out mechanism for another to yield predictable results. Thus, the modified Sluder’s bone plate has each of the first and second sets of screw openings includes first and second screw openings (230”+240”, 230’+240’ of Sluder), the first cam recess (figures 1 and 2 of Lewis) is positioned adjacent to the first and second screw openings of the first set of screw openings (230”+240” of Sluder), the second cam recess (figures 1 and 2 of Lewis) is positioned adjacent to the first and second screw openings of the second set of screw openings (230’+240’ of Sluder), each of the first and second cam recesses includes a cam opening (figures 1-6 of Lewis) that fully penetrates through the bone plate (the modified Sluder’s bone plate), a portion of the first and second cam recesses (figures 1 and 2 of Lewis) does not fully penetrate the bone plate (the modified Sluder’s bone plate), the portion of the first and second cam recesses that does not fully penetrate the bone plate (figures 1 and 2 of Lewis) is recessed from a top surface of the bone plate (the modified Sluder’s bone plate), the first and second screw openings in the first set of screw openings (230”+240” of Sluder) each have a center that defines a first center axis that runs through the center of the first and second screw openings (230”+240” of Sluder), and wherein the first cam recess (figures 1 and 2 of Lewis) is spaced from the first center axis of the first and second screw openings of the first set of screw openings (230”+240” of Sluder), the first and second screw openings in the second set of screw openings (230’+240’ of Sluder) each have a center that defines a second center axis that runs through the center of the first and second screw openings (230”+240” of Sluder), and wherein the second cam recess (figures 1 and 2 of Lewis) is spaced from the second center axis of the first and second screw openings of the second set of screw openings (230’+240’ of Sluder), a maximum thickness in a region of the body of the bone plate that is widest (figure 2A of Sluder) is greater than a maximum thickness in a region of the body of the bone plate that is narrowest (figure 2A of Sluder), the body includes a region that extends between at least two cam openings (wherein elements 40 of Lewis are situated in) that is absent an opening (figure 2A of Sluder). Regarding claim 2, the modified Sluder’s bone plate has wherein the cross-sectional area in the region of the body of the bone plate that is widest (figure 2A of Sluder) is 10-40% greater than the cross-sectional area in the region of the body of the bone plate that is narrowest (figure 2A of Sluder). Regarding claim 3, the modified Sluder’s bone plate has wherein the body is at least partially formed of a refractory alloy or a metal alloy that includes at least 10 awt.% rhenium (¶49 of Sluder). Regarding claims 4, 5, 6, the modified Sluder’s bone plate discloses all the features/elements as claimed but lacks a detailed description on wherein the bone plate has a maximum width of 10-17 mm, a minimum width of 3-9 mm, a maximum thickness of 0.8-3 mm, a cross-sectional area of 6.0-16 mm2, and wherein the cross-sectional area of the bone plate varies along a longitudinal length of the bone plate, wherein a width of each of the screw openings is 2.0-5 mm, each of the screw openings is located 0.7-2.5 mm from an outer peripheral edge of the bone plate, wherein a distance of two adjacently positioned screw openings is 0.7-4 mm. However, the prior art discovering optimum or workable ranges involves routine experimentation in the art. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the modified Sluder’s bone plate with wherein the bone plate has a maximum width of 10-17 mm, a minimum width of 3-9 mm, a maximum thickness of 0.8-3 mm, a cross-sectional area of 6.0-16 mm2, and wherein the cross-sectional area of the bone plate varies along a longitudinal length of the bone plate, wherein a width of each of the screw openings is 2.0-5 mm, each of the screw openings is located 0.7-2.5 mm from an outer peripheral edge of the bone plate, wherein a distance of two adjacently positioned screw openings is 0.7-4 mm, since it is known that discovering optimum or workable ranges involves routine experimentation in the art. Regarding claim 7, the modified Sluder’s bone plate has wherein an angle of a longitudinal central axis of each of first and second screws (elements 250 of Sluder) that is each positioned in one of the screw openings of the first set of screw openings (230”+240” of Sluder) is 0-25° relative to a central longitudinal axis of the screw opening of the first set of screw openings (figure 2B of Sluder), two or more of the screw openings (230”, 240”, 230’, 240’ of Sluder) are configured to (i.e. capable of) cause the angle of the first and second screws that is set in each of the screw openings to be different from one another (figure 2B of Sluder). Regarding claim 8, the modified Sluder’s bone plate discloses all the features/elements as claimed including wherein the each of the first and second cam recesses (figures 1 and 2 of Lewis) are configured to (i.e. capable of) releasably engage a cam (40 of Lewis). Yet, the modified Sluder’s bone plate lacks a detailed description on a diameter of the cam opening of each of the first and second cam recesses is 2-5 mm, 10-50% of the portion of each of the first and second cam recesses that does not fully penetrate the bone plate is recessed from the top surface of the bone plate at about 0.1-0.6 mm, the portion of each of the first and second cam recesses that does not fully penetrate the bone plate has a thickness of 0.2-0.6 mm, each of the first and second cam recesses is located 1-3 mm from an outer peripheral edge of the bone plate. However, the prior art discovering optimum or workable ranges involves routine experimentation in the art. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the modified Sluder’s bone plate with a diameter of the cam opening of each of the first and second cam recesses is 2-5 mm, 10-50% of the portion of each of the first and second cam recesses that does not fully penetrate the bone plate is recessed from the top surface of the bone plate at about 0.1-0.6 mm, the portion of each of the first and second cam recesses that does not fully penetrate the bone plate has a thickness of 0.2-0.6 mm, each of the first and second cam recesses is located 1-3 mm from an outer peripheral edge of the bone plate, since it is known that discovering optimum or workable ranges involves routine experimentation in the art. Regarding claim 9, the modified Sluder’s bone plate has wherein a portion of first cam recess (figures 1 and 2 of Lewis) terminates at the first and second screw openings (230”+240” of Sluder) of first set of screw openings (figure 2A of Sluder) that is located adjacent to first cam recess (figures 1 and 2 of Lewis). Regarding claim 13, the modified Sluder’s bone plate discloses all the features/elements as claimed but lacks a detailed description on wherein the bone plate includes one or more undulations on an outer side peripheral edge of the bone plate along a longitudinal axis of the bone plate, an angle of curvature of the undulation along the outer side peripheral edge is 6-40°. However, the prior art discovering optimum or workable ranges involves routine experimentation in the art. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified Sluder’s bone plate with wherein the bone plate includes one or more undulations on an outer side peripheral edge of the bone plate along a longitudinal axis of the bone plate, an angle of curvature of the undulation along the outer side peripheral edge is 6-40°, since it is known that discovering optimum or workable ranges involves routine experimentation in the art. Regarding claims 14, 15, the modified Sluder’s bone plate discloses all the features/elements as claimed but lacks wherein one or more of the screw openings of the first set of screw openings is configured to enable a plurality of angulations of a screw in the screw opening along a longitudinal axis of the bone plate and along a lateral axis of the bone plate when the screw is positioned and secured in the screw opening, wherein one or more of the screw openings of the first set of screw openings includes one or more concavely indented surfaces, the concavely indented surfaces extend into the screw openings, the concavely indented surfaces are not threaded surfaces. However, Lewis teaches wherein one or more of the screw openings (elements 30) of a first set of screw openings (figures 1 and 2) is configured to (i.e. capable of) enable a plurality of angulations (¶29) of a screw (100) in the screw opening (30) along a longitudinal axis of a bone plate (20) and along a lateral axis of the bone plate when the screw is positioned and secured in the screw opening (figure 8), wherein one or more of the screw openings (elements 30) of the first set of screw openings includes one or more concavely indented surfaces (figure 2), the concavely indented surfaces (figure 2) extend into the screw openings (30), the concavely indented surfaces are not threaded surfaces (figure 2). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified Sluder’s bone plate with wherein one or more of the screw openings of the first set of screw openings is configured to enable a plurality of angulations of a screw in the screw opening along a longitudinal axis of the bone plate and along a lateral axis of the bone plate when the screw is positioned and secured in the screw opening, wherein one or more of the screw openings of the first set of screw openings includes one or more concavely indented surfaces, the concavely indented surfaces extend into the screw openings, the concavely indented surfaces are not threaded surfaces as taught by Lewis, since such a modification would provide for an alternative bone fastener (e.g. polyaxial fastener). Regarding claim 16, Sluder discloses a bone plate (200) (figures 2A and 2B) for use as an orthopedic implant (¶39) comprising a body (figures 2A and 2B) that includes first and second sets of screw openings therethrough (230”+240”, 230’+240’) (¶48 and figure 2A), each of the first and second sets of screw openings (230”+240”, 230’+240’) includes first and second screw openings (figure 2A), a maximum thickness in a region of the body of the bone plate (200) that is widest (figure 2A) is greater than a maximum thickness in a region of the body of the bone plate (200) that is narrowest (figure 2A), each of the screw openings is spaced from an outer peripheral edge of the bone plate (200) (figure 2A), an angle of a longitudinal central axis of a screw that is positioned in one of the first and second screw openings of the first and second sets of screw openings (230”+240”, 230’+240’) is 0-25° relative to a central longitudinal axis (figure 2B), the bone plate includes first and second recesses (considered wherein elements 290 are situated in) (figure 2A). Yet, Sluder lacks the first and second recesses are cam recesses. However, Lewis teaches first and second recesses are cam recesses (wherein elements 40 are situated in) (¶23 and figures 1 and 2). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute Sluder’s anti back out mechanism with another anti back out mechanism as taught by Lewis, since such a modification is a mere substitution of one known anti back out mechanism for another to yield predictable results. Thus, the modified Sluder’s bone plate has each of the cam recess (figures 1 and 2 of Lewis) is configured to (i.e. capable of) releasably engage a cam (40 of Lewis), the first cam recess (figures 1 and 2 of Lewis) is positioned adjacent to the first set of screw openings (230”+240” of Sluder) and second cam recess (figures 1 and 2 of Lewis) is positioned adjacent to the second set screw openings (230’+240’ of Sluder), a portion of each of the first and second cam recesses includes a cam opening (figures 1-6 of Lewis) that passes fully through the bone plate (the modified Sluder’s bone plate), a portion of the first and second cam recesses (figures 1 and 2 of Lewis) does not fully penetrate the bone plate (the modified Sluder’s bone plate), the portion of the first and second cam recesses that does not fully penetrate the bone plate (the modified Sluder’s bone plate) is recessed from a top surface of the bone plate (figures 1 and 2 of Lewis), the first and second cam recesses (figures 1 and 2 of Lewis) are spaced from the outer peripheral edge of the bone plate (the modified Sluder’s bone plate), the body includes a region (portion of element 260’ of Sluder) that extends between at least two cam openings that is absent an opening (figure 2A of Sluder), the first and second screw openings in the first set of screw openings (230”+240” of Sluder) each have a center that defines a first center axis (figure 2A of Sluder) that runs through the center of the first and second screw openings (230”+240” of Sluder), and wherein the first cam recess (figures 1 and 2 of Lewis) is spaced from the first center axis (figures 2A and 2B of Sluder), the first and second screw openings in the second set of screw openings (230’+240’ of Sluder) each have a center that defines a second center axis that runs through the center of the first and second screw openings (figure 2A of Sluder), and wherein the second cam recess (figures 1 and 2 of Lewis) is spaced from the second center axis (figure 2A of Sluder), the bone plate includes one or more undulations on the outer side peripheral edge of the bone plate (figures 1 and 2 of Sluder) along a longitudinal axis of the bone plate (the modified Sluder’s bone plate). Regarding claim 17, the modified Sluder’s bone plate has wherein the first and second screw openings in the first set of screw openings (230”+240” of Sluder) are configured to (i.e. capable of) cause the angle of the longitudinal central axis of the screw that is set in each of the first and second screw openings to be different from one another. Regarding claim 18, the modified Sluder’s bone plate has wherein the cross-sectional area in the region of the body of the bone plate that is widest (figure 2A of Sluder) is 10-40% greater than the cross-sectional area in the region of the body of the bone plate that is narrowest (figure 2A of Sluder). Regarding claim 19, the modified Sluder’s bone plate has wherein the body is at least partially formed of a refractory alloy or a metal alloy that includes at least 10 awt.% rhenium (¶49 of Sluder). Regarding claim 20, the modified Sluder’s bone plate discloses all the features/elements as claimed but lacks a detailed description on wherein 10-50% of the cam recess does not fully penetrate the bone plate. However, the prior art discovering optimum or workable ranges involves routine experimentation in the art. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the modified Sluder’s bone plate with wherein 10-50% of the cam recess does not fully penetrate the bone plate, since it is known that discovering optimum or workable ranges involves routine experimentation in the art. Regarding claim 21, the modified Sluder’s bone plate has wherein a portion of the first cam recess terminates at at least one screw opening of the first set of screw openings (230”+240” of Sluder) that is located adjacent to the first cam recess (figures 1 and 2 of Lewis). Regarding claims 24, 25, the modified Sluder’s bone plate discloses all the features/elements as claimed but lacks wherein one or more of the screw openings of the first set of screw openings is configured to enable a plurality of angulations of a screw in the screw opening along a longitudinal axis of the bone plate and along a lateral axis of the bone plate when the screw is positioned and secured in the screw opening, wherein one or more of the screw openings of the first set of screw openings includes one or more concavely indented surfaces, the concavely indented surfaces extend into the screw openings, the concavely indented surfaces are not threaded surfaces. However, Lewis teaches wherein one or more of the screw openings (elements 30) of a first set of screw openings (figures 1 and 2) is configured to (i.e. capable of) enable a plurality of angulations (¶29) of a screw (100) in the screw opening (30) along a longitudinal axis of a bone plate (20) and along a lateral axis of the bone plate when the screw is positioned and secured in the screw opening (figure 8), wherein one or more of the screw openings (elements 30) of the first set of screw openings includes one or more concavely indented surfaces (figure 2), the concavely indented surfaces (figure 2) extend into the screw openings (30), the concavely indented surfaces are not threaded surfaces (figure 2). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified Sluder’s bone plate with wherein one or more of the screw openings of the first set of screw openings is configured to enable a plurality of angulations of a screw in the screw opening along a longitudinal axis of the bone plate and along a lateral axis of the bone plate when the screw is positioned and secured in the screw opening, wherein one or more of the screw openings of the first set of screw openings includes one or more concavely indented surfaces, the concavely indented surfaces extend into the screw openings, the concavely indented surfaces are not threaded surfaces as taught by Lewis, since such a modification would provide for an alternative bone fastener (e.g. polyaxial fastener). Regarding claim 28, the modified Sluder’s bone plate has wherein the body only includes the first and second cam recesses (figures 1 and 2 of Lewis), and wherein a region that extends between the first and second cam recesses (wherein elements 40 of Lewis are situated in) is absent an opening (figure 2A of Sluder). Regarding claims 30, 34, the modified Sluder’s bone plate has wherein each of the cam openings of the first and second cam recesses (figures 1 and 2 of Lewis) includes a central axis that runs through the center of the respective cam opening (figures 1 and 2 of Lewis), the central axis of the cam opening of the first cam recess is spaced forwardly from the first central axis of the first and second screw openings in the first set of screw openings (230”+240” of Sluder) (figure 2A of Sluder), the central axis of the cam opening of the second cam recess is spaced rearwardly from the second central axis of the first and second screw openings in the second set of screw openings (230’+240’ of Sluder) (figure 2A of Sluder). Regarding claim 32, the modified Sluder’s bone plate has wherein the body only includes the first and second cam recesses (figure 2A of Sluder), and wherein a region that extends between the first and second cam recesses is absent an opening (see section of element 260’ in figure 2A of Sluder). Claim(s) 10-12, 22, and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sluder and Lewis as applied to claims above, and further in view of Altarac et al. (US 2018/0103989), herein referred to as Altarac. Regarding claims 10, 11, 12, 22, 23, the modified Sluder’s bone plate discloses all the features/elements as claimed but lacks wherein the first cam recess includes a sloped surface positioned between the first and second screw openings of the first set of screw openings that are located adjacent to the first cam recess, the slope surface is configured and oriented so that the slope surface does not engage a cam during rotation of a cam in the first cam recess, wherein the first cam recess includes one or more cam stops to limit rotation of a cam in the first cam recess, wherein the first cam recess includes two of the cam stops, one of the cam stops limits rotation of a cam in a clockwise direction, another of the cam stops limits rotation of a cam in a counter-clockwise direction. However, Altarac teaches wherein the first cam recess (34) includes a sloped surface (66) positioned between the first and second screw openings (elements 24) of a first set of screw openings (figure 2) that are located adjacent to the first cam recess (34), the slope surface (66) is configured (i.e. capable of) and oriented so that the slope surface (66) does not engage (considered as does not prevent movement of the cam) a cam (16) during rotation of a cam (16) in the first cam recess (34), the first cam recess (34) includes one or more cam stops (68a, 68b, 70a, 70b) to limit rotation (¶35) of a cam (16) in the first cam recess (34), the first cam recess (34) includes two of the cam stops (68a, 70a or 68b, 70b), one of the cam stops (70a, 70b) limits rotation of a cam (16) in a clockwise direction (136), another of the cam stops (68a, 68b) limits rotation of a cam (16) in a counter-clockwise direction (¶36). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified Sluder’s bone plate with wherein the first cam recess includes a sloped surface positioned between the first and second screw openings of the first set of screw openings that are located adjacent to the first cam recess, the slope surface is configured and oriented so that the slope surface does not engage a cam during rotation of a cam in the first cam recess, wherein the first cam recess includes one or more cam stops to limit rotation of a cam in the first cam recess, wherein the first cam recess includes two of the cam stops, one of the cam stops limits rotation of a cam in a clockwise direction, another of the cam stops limits rotation of a cam in a counter-clockwise direction as taught by Altarac, since such a modification would limit the rotation of the lock (¶35). Claim(s) 29, 31, 33, and 35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sluder and Lewis as applied to claims above, and further in view of Perrow et al. (US 2012/0065690), herein referred to as Perrow. Regarding claims 29, 33, the modified Sluder’s bone plate discloses all the features/elements as claimed including wherein the body further includes a third recess (considered where a third element 290 of Sluder is situated in), a region (portion of element 260’ of Sluder) that extends between the first and second cam recesses is absent an opening (figure 2A of Sluder). Yet, the modified Sluder’s bone plate lacks a third cam recess. However, Lewis teaches a bone plate having cam recesses (wherein elements 40 are situated in) (¶23 and figures 1 and 2). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute Sluder’s anti back out mechanism in the third recess with a cam anti back out mechanism as taught by Lewis, since such a modification is a mere substitution of one known anti back out mechanism for another to yield predictable results. The modified Sluder’s bone plate further lacks a region that extends between the second and third cam recesses includes a body opening and the first and second screw openings of the second set of screw openings, a cross-sectional area of the body openings is less than a cross-sectional area of the cam opening of the first and second cam recesses However, Perrow teaches a bone plate (10) having a body opening (64) (figure 1). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the modified Sluder’s bone plate with a body opening as taught by Perrow, since such a modification would be sized to receive portions of a tool for positioning the bone plate during surgery (¶39). Thus, the modified Sluder’s bone plate has a region that extends between the second and third cam recesses (the modified Sluder’s cam recesses) includes a body opening (64 of Perrow) and the first and second screw openings of the second set of screw openings (230’+240’ of Sluder), a cross-sectional area of the body openings (64 of Perrow) is less than a cross-sectional area of the cam opening of the first and second cam recesses (the modified Sluder’s cam recesses). Regarding claims 31, 35, the modified Sluder’s bone plate has wherein each of the cam openings of the first, second and third cam recesses includes a central axis that runs through the center of the respective cam opening (figure 2A of Sluder), the central axis of the cam opening of the first cam recess is spaced forwardly from the first central axis of the first and second screw openings in the first set of screw openings (230”+240” of Sluder) (figure 2A of Sluder), the central axis of the cam opening of the second cam recess is spaced rearwardly from the second central axis of the first and second screw openings in the second set of screw openings (230’+240’ of Sluder) (figure 2A of Sluder), a spacing between the cam openings of first and second cam recesses (the modified Sluder’s cam recesses) is less than a spacing between cam openings of second and third cam recesses (the modified Sluder’s cam recesses). Response to Arguments Applicant's arguments filed October 24, 2025 have been fully considered but they are not persuasive. Applicant’s arguments on pages 14-15, under 35 U.S.C 102(a)(1) and 35 U.S.C. 103, of the Remarks are directed to the amended claims 1 and 16 and the reference Altarac. Thus, the Examiner has relied upon the combination of references (Sluder in view of Lewis) to teach applicant’s amended features, see Office Action above. 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 SI MING KU whose telephone number is (571)270-5450. The examiner can normally be reached Monday-Friday, 9:30am-6pm. 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, Kevin Truong can be reached at (571)272-4705. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /SI MING KU/Primary Examiner, Art Unit 3775
Read full office action

Prosecution Timeline

Jan 12, 2023
Application Filed
Aug 15, 2024
Response after Non-Final Action
Dec 11, 2024
Non-Final Rejection — §103, §112
Mar 17, 2025
Response Filed
Apr 09, 2025
Final Rejection — §103, §112
Jul 08, 2025
Request for Continued Examination
Jul 13, 2025
Response after Non-Final Action
Jul 29, 2025
Non-Final Rejection — §103, §112
Oct 24, 2025
Response Filed
Jan 27, 2026
Final Rejection — §103, §112 (current)

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SCREW IMPLANTS FOR BONE FUSION
2y 5m to grant Granted Apr 07, 2026
Patent 12582453
ANTEROLATERAL CLAVICLE FRACTURE FIXATION PLATE
2y 5m to grant Granted Mar 24, 2026
Patent 12575869
COMPLIANT ORTHOPEDIC DRIVER
2y 5m to grant Granted Mar 17, 2026
Patent 12569237
FORCE-INDICATING RETRACTOR DEVICE AND METHODS OF USE
2y 5m to grant Granted Mar 10, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

5-6
Expected OA Rounds
72%
Grant Probability
99%
With Interview (+33.8%)
3y 2m
Median Time to Grant
High
PTA Risk
Based on 752 resolved cases by this examiner. Grant probability derived from career allow rate.

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