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 with traverse of species 1 in the reply filed on 3/18/2026 is acknowledged. The traversal is on the ground(s) that the washer as amended is a common linking feature that is novel. This is not found persuasive because as shown in the office action the washer is an obvious feature in the art. Applicant’s amendment does combine species 5 with species 1 and will be examined herein.
The requirement is still deemed proper and is therefore made FINAL.
Claims 54-59 have been withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 3/18/2026.
Claim Rejections - 35 USC § 112
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 60-62 and 64 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 49 has been amended to include features previously only featured in claim 60. Claim 60 claims “a plurality of round holes arranged at regular intervals” claim 49 claims “holes placed at regular intervals” it is unclear if the round holes are the same as the holes from claim 49. Claim 60 also claims “four indentations radiating from each hole,” which also is included in claim 49.
Claim Rejections - 35 USC § 102
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 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) 49 and 63 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Laurain (US Patent 5,108,395).
With respect to claim 49, Laurain discloses a reversible locking mechanism (see figures 1 and 2 below) (the claim is only positively claiming the locking mechanism which is claimed as a locking washer and does not positively claim the ring or the fixator component) for a ring external fixator (the washer of Laurain could be used on an external ring fixator) that is configured to attach a threaded bone pin to a hole in a ring external fixator ring of the ring external fixator (the pin can be compressed between 7 and 16),wherein the reversible locking mechanism comprises a locking washer (fig 1, 4) with a central hole (fig 1, 9) located at an interface between the ring external fixator ring and ring external fixator components so that two opposing surfaces interlock with each other to provide rotational stability for the ring external fixator components (can be located between the two parts as it is shown between a bone and plate member 6), and wherein the ring external fixator components are selected from a group consisting of pin fixation bolts, multipurpose posts, plates, and hinges (shown with a plate 6); wherein said ring external fixator ring has holes placed at regular intervals (the locking member has 4 lugs that could mate with holes on the ring) thereon and indentations provided in the surface of the ring such that four indentations radiate from each hole; and wherein a first surface of the locking washer has four lugs (fig 2, 3) around the central hole that sit in the indentations on the ring, and a second surface (fig 1, 18) has radiating serrations around the central hole that interlock with similar radiating serrations (fig 2, 19) on an under surface of said selected ring external fixator component and provide said rotational stability. With respect to claim 63, Laurain discloses wherein the first surface of the locking washer has two slots (fig 2, 23 and 11) arranged around the central hole of the washer for gripping the locking washer.
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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) 49, 50, 60-62 is/are rejected under 35 U.S.C. 103 as being unpatentable over Robinson et al. (US 2018/0317965) in view of Crook (US Patent 5,344,421).
With respect to claim 49, Robinson discloses a reversible locking mechanism (see figures 1C and 5 below) for a ring external fixator (fig 1C) that is configured to attach a threaded bone pin (fig 1C, 412) to a hole (fig 1C below) in a ring external fixator ring of the ring external fixator, wherein the reversible locking mechanism comprises a locking washer (fig 5, 340) with a central hole (See fig 5 below) located at an interface between the ring external fixator ring and ring external fixator components so that two opposing surfaces interlock with each other to provide rotational stability for the ring external fixator components (fig 1C), and wherein the ring external fixator components are selected from a group consisting of pin fixation bolts (fig 5 shows a pin fixation bolt), multipurpose posts, plates, and hinges (also shows multipurpose bolts and plates in fig 1c); wherein said ring external fixator ring has holes placed at regular intervals (see fig 1c below) thereon and, and a second surface has radiating serrations around the central hole that interlock with similar radiating serrations on an under surface of said selected ring external fixator component and provide said rotational stability.
With respect to claim 60, Robinson discloses a ring external fixator (fig 1C) with reversible locking mechanism (fig 5, 340), the ring external fixator comprising: a plurality of rings (See fig 1C below) that are connected together by a plurality of threaded rods (see fig 1C below), wherein each ring comprises at least one threaded bone pin (fig 1C, 412) attached thereto using the reversible locking mechanism of claim 49; wherein each ring further comprises :a flat top surface (fig 1C top surface) and a flat bottom surface (fig 1C bottom surface), identical to each other; a circular inner surface and a circular outer surface (see fig 1C below), concentric to each other (see fig 1C); and a plurality of round holes (fig 1C below round ed slots) said locking washer, and at least one ring external fixator component selected from the group consisting of pin fixation bolts, multipurpose bolts, plates, and hinges, becomes rotationally stable the serrations (fig 5) on the locking washer interlock with the serrations on an under surface of said selected ring external fixator component. With respect to claim 61, Robinson discloses wherein the ring external fixator is constructed by placing two or more full circumference or half circumference or 5/8th circumference or 3/8th circumference rings around a limb of a patient and connecting them with the threaded rods (bottom ring is two have circular rings). With respect to claim 62, Robinson discloses wherein the ring sizes vary with different inner and outer diameters to accommodate limbs of different sizes (accommodating the sizes of legs and feet).
With respect to claim 49 and 60, Robinson does not disclose indentations provided in the top surface and bottom surface of the ring such that four indentations radiate from each hole; and wherein a first surface of the locking washer has four lugs around the central hole that sit in the indentations on the ring.
Crook discloses surfaces of a hole (fig 3, 40) having indentations (fig 3, 42, at least 4) radiating from each hole and a first surface (bottom surface of the washer) of the locking washer has four lugs (fig 3, 48) around the central hole that sit in the indentations (fig 3) to securely hold the washer to the hole (col. 4, ll. 37-40).
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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 device of Robinson to include the top surface and bottom surface of the ring such that four indentations radiate from each hole; and wherein a first surface of the locking washer has four lugs around the central hole that sit in the indentations on the ring in view of Crook in order to securely hold the washer to the hole.
With respect to claim 50, Robinson in view of Crook discloses wherein the reversible locking mechanism is configured to attach a threaded bone pin to a hole in the ring external fixator ring, wherein the reversible locking mechanism comprises a pin fixation bolt assembly (fig 5) and said locking washer; wherein the pin fixation bolt assembly comprises: a head (see fig 5 below) having a round cannulation (see fig 5 below) with a diameter that matches a diameter of the threaded bone pin (fig 1c); a shaft (fig 1, 331) that is fully threaded except at a junction (see fig 5 below) of the head and the shaft; and a circular base plate sat around the unthreaded portion of the shaft, the circular base plate having an elevation with a curved upper surface (see fig 5 below) that matches the diameter of the threaded bone pin and which sits on either side of the cannulation, and an under surface with said radiating serrations (paragraph 66); and wherein, the combined effect of the four lugs on the locking washer interlocking with the four indentations around the hole in said ring external fixator ring and the serrations of the circular base plate and the locking washer interlocking together provides a rotationally stable connection between the threaded bone pin and the ring external fixator ring (crook discloses lugs to provide stability while Robinson discloses the splines to securely grip, paragraph 66).
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Claim(s) 52 and 53 is/are rejected under 35 U.S.C. 103 as being unpatentable over Robinson in view of Crook as applied to claim 50 above, and further in view of Steiner et al. (US Pub 2009/0198292).
With respect to claim 52, Robinson in view of Crook discloses the claimed invention except for wherein a smaller diameter threaded bone pin can be held by a pin fixation bolt with a larger diameter of cannulation in the head via adapter half sleeves where, an extension at one end of the adapter half sleeve secures the adapter half sleeves to the head of the pin fixation bolt by gripping it.
Steiner discloses wherein a smaller diameter threaded bone pin (fig 3, 7) can be held by a pin fixation bolt with a larger diameter of cannulation in the head via adapter half sleeves (fig 1, 2 and 3) where, an extension (fig 3, 4) at one end of the adapter half sleeve secures the adapter half sleeves to the head of the pin fixation bolt by gripping it to provide a radial force to the pin (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 device of Robinson in view of Crook to include wherein a smaller diameter threaded bone pin can be held by a pin fixation bolt with a larger diameter of cannulation in the head via adapter half sleeves where, an extension at one end of the adapter half sleeve secures the adapter half sleeves to the head of the pin fixation bolt by gripping it in view of Steiner in order to provide a radial force to the pin.
Claim(s) 63 and 64 is/are rejected under 35 U.S.C. 103 as being unpatentable over Robinson in view of Crook as applied to claim 49 and 60 above, and further in view of Songer et al. (US Patent 8,172,885).
With respect to claims 63 and 64, Robinson in view of Crook discloses the claimed invention except for wherein the first surface of the locking washer has two slots arranged around the central hole of the washer for gripping the locking washer.
Songer discloses a washer (fig 6) wherein the first surface of the locking washer has two slots (fig 6, 86) arranged around the central hole (fig 6, 76) of the washer for gripping the locking washer to allow for manipulation with a tool (col. 6, ll. 49-53).
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 of Robinson in view of Crook to include wherein the first surface of the locking washer has two slots arranged around the central hole of the washer for gripping the locking washer in view of Songer in order to allow for manipulation with a tool.
Allowable Subject Matter
Claim 51 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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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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/S.J.C/Examiner, Art Unit 3773 /EDUARDO C ROBERT/Supervisory Patent Examiner, Art Unit 3773