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 § 103
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 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, 6-9, 12, 14-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schwieger et al. (US pub 2010/0125273) in view of Olsen (US Patent 7,507,240).
With respect to claim 1, Schwieger discloses a bone growth stimulator (see figs 2 and 5 below) comprising: a first screw (fig 2, 1 and fig 3 shows the threads of the screws) configured to be fastened to a metaphysis portion and having a first channel (fig 2, 7) penetrating between a first front end (left side) and a first rear end (right side); a second screw (fig 2, 1 paragraph 25 and fig 5 multiple pin-sleeves used) configured to be fastened to an epiphysis portion and disposed in parallel to the first screw and the second screw having a second channel (fig 2, 7) penetrating between a second front end (left side) and a second rear end (right side); a first rod pin (fig 5, 3) having a first side configured to pass through a tissue (title “an external fixator” the pin would pass through the muscle and skin to the pressing assembly) that surrounds a bone and to be inserted into the first channel of the first screw (fig 2), and a first another side configured to be exposed to the outside of the human tissue (fig 5 shows the pins going through the bone and title external fixator); a second rod pin (fig 5, 3) having a second side passing through tissue that surrounds the bone and being inserted into the second channel of the second screw, and a second another side exposed to the outside of the tissue (fig 5 pass through muscle and skin to the fixator); and a pressing assembly (figs 2 and 5, 9)having a configuration to move the first pin (fig 2 shows the force by the arrows) in a direction for spacing the first rod pin apart from the second rod pin. With respect to claim 6, Schwieger discloses wherein an inner diameter (The diameter at 6 is equal to the pin diameter) of the first channel is substantially equal to an outer diameter of the first rod pin. With respect to claim 7, Schwieger discloses wherein an inner diameter (the diameter at 6 is equal to the diameter of the pin)of the second channel is substantially equal to an outer diameter of the second rod pin. With respect to claim 8, Schwieger discloses wherein the first screw includes a first helical thread on the first front end (paragraph 20 the sleave has an outer thread as shown in figure 3). With respect to claim 9, Schwieger discloses wherein the second screw includes a second helical thread (paragraph 20) on the second front end.
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With respect to claim 1, Schwieger discloses the claimed invention except for the pressing unit having a guide body in which a transfer screw is configured to rotate is installed on an inner side and a rotation knob dynamically connected to the transfer screw and configured to rotate installed is on an outer side; a fixing member fixed to the guide body and on which the second rod pin is selectively mounted; and a movable member movably installed on the guide body and including a nut portion screw-coupled to the transfer screw and a seating portion on which the first rod pin is selectively mounted.
Olsen discloses a pressing unit (see fig 2 below) comprising a guide body (fig 2, 70) in which a transfer screw (fig 2, 65) is configured to rotate installed on an inner side and a rotation knob (fig 2, 61 accessed on the outer side via 82) dynamically connected to the transfer screw is configured to rotate installed on an outer side; a fixing member (fig 2, 18) fixed to the guide body and on which the second rod pin is selectively mounted; and a movable member (fig 2, 16) movably installed on the guide body and including a nut portion (see fig 2 below) screw-coupled to the transfer screw and a seating portion (fig 2, 240) on which the first rod pin is selectively mounted to allow for a variety of different options for adjusting the locations of the pins (abstract).
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It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the pressing unit of Schwieger to include a guide body in which a transfer screw is configured to rotate installed on an inner side and a rotation knob dynamically connected to the transfer screw is configured to rotate is installed on an outer side; a fixing member fixed to the guide body and on which the second rod pin is selectively mounted; and a movable member movably installed on the guide body and including a nut portion screw-coupled to the transfer screw and a seating portion on which the first rod pin is selectively mounted in view of Olsen in order to allow for a variety of different options for adjusting the locations of the pins.
With respect to claim 12, Schwieger discloses a method of stimulating bone growth, the method comprising: fastening a first screw (figs 4 and 5, 2) to a metaphysis portion, the first screw having a first channel penetrating between a first front end and a first rear end (through hole for the rod pin); fastening a second screw (figs 4 and 5, 2) to an epiphysis portion, the second screw being disposed in parallel to the first screw and having a second channel penetrating between a second front end and a second rear end (fig 5); inserting a first side of a first rod pin (fig 4, 3) through tissue that surrounds a bone into the first channel of the first screw, with a first another side of the first rod pin exposed to the outside of the tissue (external fixator fig 4 the pins extend all the way through the bone and to a second of the external fixator in figure 5); inserting a second side of a second rod pin (fig 5) through tissue that surrounds the bone into the second channel of the second screw, with a second another side of the second rod pin exposed to the outside of the tissue; and moving the first rod pin in a direction to space the first rod pin apart from the second rod pin using (fig 2, arrows) a pressing assembly (fig 5, 9). With respect to claim14, Schwieger discloses wherein an inner diameter (The diameter at 6 is equal to the pin diameter) of the first channel is substantially equal to an outer diameter of the first rod pin. With respect to claim 15, Schwieger discloses wherein an inner diameter (the diameter at 6 is equal to the diameter of the pin)of the second channel is substantially equal to an outer diameter of the second rod pin. With respect to claim 16, Schwieger discloses wherein the first screw includes a first helical thread on the first front end (paragraph 20 the sleave has an outer thread as shown in figure 3). With respect to claim 17, Schwieger discloses wherein the second screw includes a second helical thread (paragraph 20) on the second front end.
With respect to claim 12, Schwieger discloses the claimed invention except for the pressing unit having a guide body in which a transfer screw is configured to rotate is installed on an inner side and a rotation knob dynamically connected to the transfer screw and configured to rotate installed is on an outer side; a fixing member fixed to the guide body and on which the second rod pin is selectively mounted; and a movable member movably installed on the guide body and including a nut portion screw-coupled to the transfer screw and a seating portion on which the first rod pin is selectively mounted.
Olsen discloses a pressing unit (see fig 2 below) comprising a guide body (fig 2, 70) in which a transfer screw (fig 2, 65) is configured to rotate installed on an inner side and a rotation knob (fig 2, 61 accessed on the outer side via 82) dynamically connected to the transfer screw is configured to rotate installed on an outer side; a fixing member (fig 2, 18) fixed to the guide body and on which the second rod pin is selectively mounted; and a movable member (fig 2, 16) movably installed on the guide body and including a nut portion (see fig 2 below) screw-coupled to the transfer screw and a seating portion (fig 2, 240) on which the first rod pin is selectively mounted to allow for a variety of different options for adjusting the locations of the pins (abstract).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the pressing unit of Schwieger to include a guide body in which a transfer screw is configured to rotate installed on an inner side and a rotation knob dynamically connected to the transfer screw is configured to rotate is installed on an outer side; a fixing member fixed to the guide body and on which the second rod pin is selectively mounted; and a movable member movably installed on the guide body and including a nut portion screw-coupled to the transfer screw and a seating portion on which the first rod pin is selectively mounted in view of Olsen in order to allow for a variety of different options for adjusting the locations of the pins.
Claim(s) 3, 10, 11, 13 and 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schwieger et al. in view of Olsen as applied to claim 1 and 12 above, and further in view of Oni et al. (US Patent 5,803,924).
With respect to claims 3 and 13, Schwieger in view of Olsen discloses the claimed invention except for a torque wrench dynamically connected to the rotation knob such that only a torque of less than a set value is applied to the rotation knob.
Oni discloses a torque wrench (col. 5, ll. 7) dynamically connected to the rotation knob such that only a torque of less than a set value is applied to the rotation knob (col. 5, ll. 8) to prevent overtightening and stripping of the thread (col. 5, ll. 5).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device and method of Schwieger in view of Olsen to include a torque wrench dynamically connected to the rotation knob such that only a torque of less than a set value is applied to the rotation knob in view of Oni in order to prevent overtightening and stripping of the thread.
With respect to claims 10, 11, 18 and 19, Schwieger in view of Olsen discloses the claimed invention except for an expanded end defining the rear end of the first and second screws wherein the outer diameter of the expanded end is larger than the outer diameter of the channel.
Oni disclose screws (fig 1, shows 2 screws 64) having an expanded end (fig 1, 70)defining the rear end of the first and second screws wherein the outer diameter of the expanded end is larger than the outer diameter of the channel (70 is wider than the shaft portion of the screw) to better distribute the stress of fixing the screw (col. 5, ll. 1-4)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device and method of Schwieger in view of Olsen to include an expanded end defining the rear end of the first and second screws wherein the outer diameter of the expanded end is larger than the outer diameter of the channel.
Response to Arguments
Applicant’s arguments, see remarks, filed 10/6/2025, with respect to the U.S.C. 101 rejection of claims 1-3 have been fully considered and are persuasive. The U.S.C. 101 rejection of claims 1-3 has been withdrawn.
Applicant's arguments filed 10/6/2025 have been fully considered but they are not persuasive. The applicant argues that Schwieger does not disclose a pressing unit having the claimed features. The examiner respectfully disagrees. Olsen is used to teach the pressing unit. The applicant also argues thar Schwieger does not disclose the screw is fastened to the bone. The examiner respectfully disagrees. Screws 2 have threads as shown in figure 3 and disclosed in figure 20 to attach to the bone. The applicant also argues that Schwieger does not disclose the pins pass through tissue. The examiner respectfully disagrees. Schwieger discloses an external fixator such that rod pins 3 must pass through muscle and skin to attach to the fixator 9.
The applicant argues that the modification Schwieger in view of Olsen would be unsatisfactory for Schwieger’s intended purpose because Olsen teaches the splint of Olsen is used for callous distraction while Schwieger teaches for stabilizing fractures. The examiner respectfully disagrees. While Olsen does disclose the device can be used for callous distraction, Olsen also teaches that the splint can be used to stabilize fractures not just used for distraction (col. 1, ll. 7-10) such that it would be obvious to use with the fracture stabilizing device of Schwieger. Olsen would be useful for better aligning the pins of Schwieger.
With respect to claim 3, the applicant argues that Schwieger teaches away from Oni’s micro movements. The examiner respectfully disagrees. Oni modifies the action of the adjustment screw of Olsen and would be useful with that screw to prevent stripping the adjustment mechanism in setting up the system and in use would not affect the insertion of the pins and screws of Schwieger.
The rejections are deemed proper.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 for prior art of interest.
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 STEVEN J COTRONEO whose telephone number is (571)270-7388. The examiner can normally be reached Monday-Friday 9am-5pm 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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/S.J.C/Examiner, Art Unit 3773 /EDUARDO C ROBERT/Supervisory Patent Examiner, Art Unit 3773
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