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
Applicant’s election without traverse of Group I, claims 1 – 4 in the reply filed on 09/29/2025 is acknowledged.
Claims 5 – 16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 09/29/2025.
Claim Objections
Claim 2 is objected to because of the following informalities:
The recitation of “unfasten from to” should read as “unfasten from [[
Appropriate correction is required.
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 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pech et al. (US Pub. 2009/0036931 A1).
Claim 1, Pech discloses an implant alignment tool for use in combination with an implant device, configured for aligning an implant device configured for use as a medial bunion plate or a Hallux Limitus/Dorsal Bunion Plate, in a patient being implanted to stabilize a first bone section relative to a second bone section of a patient [abstract, Figs. 1 – 7], the implant alignment tool comprising:
a handle [at least a gripping portion of 23 or 27];
a proximal screw guide portion extending from said handle [at least a portion of 23 by at least one of holes 24]; and
an implant device attachment portion [at least a portion of 18, 19 or/and 30].
Pech discloses the limitations of claim 1, as above, and further, Pech discloses:
Claim 2, wherein the implant device attachment portion is further comprised of an externally threaded shaft configured to fasten to and unfasten from to an internally threaded aperture in the implant device [at least a portion of 30 by 31 defines externally threaded shaft configured to releasably connect with internally threaded aperture, ¶65].
Claim 3, wherein the shaft is rotatably mounted relative to the handle of the implant alignment tool such that it can be rotated to fasten it to the implant device and rotated an opposite direction to unfasten it from the implant device [at least a portion of 30 by 31 defines externally threaded shaft configured to releasably connect with internally threaded aperture, ¶65].
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) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pech et al. (US Pub. 2009/0036931 A1) in view of Rogachefsky (US Pub. 2015/0073414 A1).
Pech discloses the limitations of claim 1, as above, except for explicitly disclosing wherein the shaft is sized relative to a shaft aperture in the implant device such that the implant alignment tool may be fastened to and unfastened from the implant device via a friction fit.
Rogachefsky teaches an analogous tool [abstract, Figs. 1 – 7] comprising the use of a threaded connection or alternatively a friction fit connection between a shaft and aperture for releasably connecting the shaft to the aperture [¶34 - ¶35].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the current application to combine the teachings of Pech and Rogachefsky, and substitute the friction fit connection taught by Rogachefsky for the threaded connection disclosed by Pech. One would have been motivated to do so in order to provide the tool of Pech with a functionally equivalent releasable connection between the shaft and the implant device to maintain desired alignment therebetween.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMUEL S. HANNA whose telephone number is (571)270-3248. The examiner can normally be reached 8-5 M-F.
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.
/SAMUEL S HANNA/Primary Examiner, Art Unit 3775