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 .
Response to Amendment
This office action is in response to the amendment filed December 15, 2025. As directed by the amendment, claims 1 and 11 have been amended and claims 31-32 have been added. Claims 2-3, 6-7, 9-10, 21-23 were previously withdrawn. As such, claims 1, 11, 15-17, 19, 24-25, 31-32 remain under consideration in the instant application.
Election/Restrictions
Newly submitted claim 32 is directed to an invention that is independent or distinct from the invention originally claimed for the following reasons: screw holes pointing away from each other appear to belong to the embodiment of FIG. 11 which was not elected.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claim 32 is withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
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, 11, 15-17, 19, 24-25, 31 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bottlang (US 2009/0018587).
Regarding claim 1, Bottlang discloses an apparatus (100|600) capable of stabilization of ilial fractures, comprising: a curved ilial fracture plate (102|602) having a first end and second end, and comprising two rows of screw holes positioned between the first end and second end (FIGS. 1, 6), wherein each of the two rows of screw holes comprises three or more screw holes and a total number of screw holes of the two rows of screw holes is between six and twelve (“Osteosynthesis plates in accordance with embodiments of the present invention may have any suitable number of screw holes,” ¶51), and wherein at least three screw holes of the two rows of screw holes are closer to the first end of the curved ilial fracture plate than the second end of the curved ilial fracture plate (FIG. 6), and wherein at least three screw holes of the two rows of screw holes are closer to the second end of the curved ilial fracture plate than the first end of the curved ilial fracture plate (FIG. 6), wherein the curved ilial fracture plate has a length, a width, and a thickness, and wherein the width of the curved ilial fracture plate is greater than a combined width of two adjacent screw holes along a dimension of the width, and wherein the width is variable along the length such that the width is narrower at the first end (tapered ends, FIGS. 1, 6) than at a midpoint of the curved ilial fracture plate.
Regarding claim 11, Bottlang discloses an apparatus (100|400|600) for stabilization of ilial fractures, comprising: a planar (FIG. 4b) ilial fracture plate (102|402|602) comprising multiple rows of screw holes, wherein the planar ilial fracture plate has a length, a width, and a thickness, and wherein the width of the planar ilial fracture plate is variable along the length of the planar ilial fracture plate (tapered at ends) and, for at least some locations along the length of the planar ilial fracture plate, the width is greater than a combined opening size of two screw holes in a dimension of the width (FIGS. 1, 6), and wherein at least three screw holes of the multiple rows of screw holes are closer to a first end of the planar ilial fracture plate than a second end of the planar ilial fracture plate (FIG. 6), and wherein at least three screw holes of the multiple rows of screw holes are closer to the second end of the planar ilial fracture plate than the first end of the planar ilial fracture plate (FIG. 6).
Regarding claim 15, Bottlang discloses the apparatus of claim 11, wherein the multiple rows of screw holes comprise at least one compression hole (FIG. 4).
Regarding claim 16, Bottlang discloses the apparatus of claim 15, wherein the multiple rows of screw holes comprise at least one compression hole in each row (FIG. 4).
Regarding claim 17, Bottlang discloses the apparatus of claim 11. wherein the multiple rows of screw holes are substantially parallel to each other (FIGS. 1, 6).
Regarding claim 19, Bottlang discloses the apparatus of claim 11, wherein the width narrows at the first end (tapers, FIGS. 1, 6), and wherein the first end is capable to be positioned proximate an acetabulum.
Regarding claim 24, Bottlang discloses the apparatus of claim11, wherein the planar ilial fracture plate does not exhibit angulation (FIGS. 1, 6).
Regarding claim 25, Bottlang discloses the apparatus of claim 11, wherein the planar ilial fracture plate does not exhibit a discontinuity (FIGS. 1, 6).
Regarding claim 31, Bottlang discloses the apparatus of claim 1, wherein a total number of screw holes of the curved ilial fracture plate is at least ten (FIG. 6), and wherein the first end of the curved ilial fracture plate is narrower (tapered) than the second end of the curved ilial fracture plate.
Response to Arguments
Applicant’s arguments with respect to claims 1 and 11 have been considered but are moot because the arguments do not apply to any of the references being used in the current rejection. The newly presented rejection was necessitated by the amendments to the claims of December 15, 2025.
Conclusion
THIS ACTION IS MADE FINAL. 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 extension fee 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 OLIVIA C CHANG whose telephone number is (571) 270-5017. The examiner can normally be reached Monday-Friday, 7:30AM-5:00PM.
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, KEVIN TRUONG, at (571) 272-4705. The fax phone number for the organization where this application or proceeding is assigned is 571 -273-8300.
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/OLIVIA C CHANG/Primary Examiner, Art Unit 3775