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 Arguments
Applicant’s arguments with respect to claim(s) 21 - 61 have been considered but are moot because the new ground of rejection does not rely on same interpretation of the prior art in the prior rejection of record for any teaching or matter specifically challenged in the argument.
The Objection to the Drawings is overcome.
The Objection to claim 22 is withdrawn.
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) 21 – 23, 26 – 33, 36 – 42, 45 – 49 and 58 - 61 is/are rejected under 35 U.S.C. 103 as being unpatentable over Moore (US 2012/0065638 A1).
Regarding claim 21, Moore discloses a fixation device (Abstract), comprising:
an elongate body (Fig. 23, ref. 102) comprising a plurality of interconnected segments (Figs. 11 – 12, ref. 12E), each of the segments comprising:
an engagement member (ref. 30E, Fig. 12),
a recess configured to receive the engagement member of an adjacent one of the segments (the space between the engagement member, the female to the male portions as disclosed in paragraph [0176]), and
a plurality of channels (ref. 36, Fig. 12), wherein at least one of the channels extends through the engagement member (Fig. 12); and
a plurality of flexible elongate members (ref. 38, Fig. 11), each extending through one of the channels (Fig. 11),
wherein the elongate body is transformable between a flexible configuration in which the elongate members can move relative to one another and a rigid configuration in which the elongate members are fixed relative to one another (Abstract, paragraph [0004]).
Moore is silent that the recess comprises a first portion and a second portion having a width greater than a width of the first portion. However, in a different embodiment Moore teaches a recess having a first and second portion, the second portion having a width greater a width of the first portion (see remarked Fig. 8 below, paragraph [0174]). 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 recess of Moore to include a first portion and a second portion having a width greater than a width of the first portion, as taught by the embodiment shown in Fig. 8, for the purpose of a more elaborate interlocking configuration of tabs, prongs and detents (paragraph [0174]) to better prevent unwanted loosening.
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Regarding claim 22, Moore discloses the device of Claim 21, wherein the at least one of the channels is fully enclosed by at least a portion of the engagement member (Fig. 12).
Regarding claim 23, Moore discloses the device of Claim 21, wherein at least one of the segments includes a plurality of engagement members (each segment is shown to have four engagement members).
Regarding claim 26, Moore discloses the device of Claim 21, wherein the engagement member comprises: a neck extending away from an end face of the segment, and a broad portion extending away from the neck (see remarked Fig. 12 below), wherein the broad portion comprises curved lateral sides and a substantially flat top side.
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Regarding claim 27, Moore discloses the device of Claim 21, wherein each of the segments further comprises a lumen extending therethrough (Fig. 12 shows a central lumen for receipt of a guide wire ref. 32, best shown in Fig. 18), wherein the lumen is configured to receive an elongate guide element (ref. 32).
Regarding claim 28, Moore discloses the device of Claim 21, wherein the elongate body is configured to be implanted within a patient (Fig. 18).
Regarding claim 29, Moore discloses the device of Claim 21, wherein the elongate body is configured to be implanted in a bone of a patient (Fig. 18).
Regarding claim 30, Moore discloses the device of Claim 21, wherein the elongate body is configured to be implanted within an intramedullary space of a bone of a patient (Fig. 18).
Regarding claim 31, Moore discloses a fixation device (Abstract), comprising:
an elongate body (Fig. 23, ref. 102) comprising a plurality of interconnected segments (Figs. 11 – 12, ref. 12E), each of the segments comprising:
an engagement member (ref. 30E, Fig. 12),
a recess configured to receive the engagement member of an adjacent one of the segments (the space between the engagement member, the female to the male portions as disclosed in paragraph [0176]), and
a plurality of channels (ref. 36), wherein at least one of the channels is aligned along a circumferential dimension of the corresponding segment with the engagement member of the corresponding segment (Fig. 12); and
a plurality of flexible elongate members (ref. 38), each extending through one of the channels (Fig. 11), wherein the elongate body is transformable between a flexible configuration in which the elongate members can move relative to one another and a rigid configuration in which the elongate members are fixed relative to one another (Abstract, paragraph [0004]).
Moore is silent that the recess comprises a first portion and a second portion having a width greater than a width of the first portion. However, in a different embodiment Moore teaches a recess having a first and second portion, the second portion having a width greater a width of the first portion (see remarked Fig. 8 below, paragraph [0174]). 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 recess of Moore to include a first portion and a second portion having a width greater than a width of the first portion, as taught by the embodiment shown in Fig. 8, for the purpose of a more elaborate interlocking configuration of tabs, prongs and detents (paragraph [0174]) to better prevent unwanted loosening.
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Regarding claim 32, Moore discloses the device of Claim 31, wherein the at least one of the channels is fully enclosed by at least a portion of the engagement member (Fig. 12).
Regarding claim 33, Moore discloses the device of Claim 31, wherein at least one of the segments includes a plurality of engagement members (Fig. 12).
Regarding claim 36, Moore discloses the device of Claim 31, wherein the engagement member comprises: a neck extending away from an end face of the segment, and a broad portion extending away from the neck, wherein the broad portion comprises curved lateral sides and a substantially flat top side (see remarked Fig. 12 below).
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Regarding claim 37, Moore discloses the device of Claim 31, wherein each of the segments further comprises a lumen extending therethrough (Fig. 12 shows a central lumen for receipt of a guide wire ref. 32, best shown in Fig. 18), wherein the lumen is configured to receive an elongate guide element (ref. 32).
Regarding claim 38, Moore discloses the device of Claim 31, wherein the elongate body is configured to be implanted within a patient (Fig. 18).
Regarding claim 39, Moore discloses the device of Claim 31, wherein the elongate body is configured to be implanted in a bone of a patient (Fig. 18).
Regarding claim 40, Moore discloses the device of Claim 31, wherein the elongate body is configured to be implanted within an intramedullary space of a bone of a patient (Fig. 18).
Regarding claim 41, Moore discloses a fixation device (Abstract), comprising:
an elongate body (Fig. 23, ref. 102) comprising a plurality of interconnected segments (Figs.11 – 12, ref. 12E), each of the segments comprising:
an engagement member (ref. 30E), a recess configured to receive the engagement member of an adjacent one of the segments (the space between the engagement member, the female to the male portions as disclosed in paragraph [0176]), and
a plurality of channels (ref. 36); and
a plurality of flexible elongate members (ref. 38), each extending through one of the channels (Fig. 11),
wherein a minimum width of the engagement member is greater than a diameter of the flexible elongate members (Fig. 11),
wherein the elongate body is transformable between a flexible configuration in which the elongate members can move relative to one another and a rigid configuration in which the elongate members are fixed relative to one another (Abstract, paragraph [0004]).
Moore is silent that the recess comprises a first portion and a second portion having a width greater than a width of the first portion. However, in a different embodiment Moore teaches a recess having a first and second portion, the second portion having a width greater a width of the first portion (see remarked Fig. 8 below, paragraph [0174]). 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 recess of Moore to include a first portion and a second portion having a width greater than a width of the first portion, as taught by the embodiment shown in Fig. 8, for the purpose of a more elaborate interlocking configuration of tabs, prongs and detents (paragraph [0174]) to better prevent unwanted loosening.
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Regarding claim 42, Moore discloses the device of Claim 41, wherein at least one of the segments includes a plurality of engagement members (Fig. 12).
Regarding claim 45, Moore discloses the device of Claim 41, wherein the engagement member comprises: a neck extending away from an end face of the segment, and a broad portion extending away from the neck, wherein the broad portion comprises curved lateral sides and a substantially flat top side (see remarked Fig. 12 below).
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Regarding claim 46, Moore discloses the device of Claim 41, wherein each of the segments further comprises a lumen extending therethrough (Fig. 12 shows a central lumen configured to receive a guide wire ref. 32 best shown in Fig. 18), wherein the lumen is configured to receive an elongate guide element (ref. 32).
Regarding claim 47, Moore discloses the device of Claim 41, wherein the elongate body is configured to be implanted within a patient (Fig. 18).
Regarding claim 48, Moore discloses the device of Claim 41, wherein the elongate body is configured to be implanted in a bone of a patient (Fig. 18).
Regarding claim 49, Moore discloses the device of Claim 41, wherein the elongate body is configured to be implanted within an intramedullary space of a bone of a patient (Fig. 18).
Regarding claim 58, Moore discloses a segment (Fig. 12, ref. 12E) configured for use with a fixation device that comprises a plurality of interconnected segments (Abstract, fig. 11), the segment comprising:
a body (Fig. 12) having a first end portion (top end) and a second end portion (bottom end), the body having a recess at the first end portion (the space between members ref. 30E);
an engagement member (ref. 30E) extending away from the second end portion of the body (Fig. 12), wherein the engagement member is configured to be received within a recess of an adjacent one of the segments (Fig. 11), and
wherein the engagement member comprises:
a neck having a first end at the second end portion of the body and a second end, and a broad portion at the second end of the neck, wherein the broad portion comprises curved lateral sides and a substantially flat top side (see remarked Fig. 12 below); and
a channel extending through the engagement member and the body (ref. 36).
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Moore is silent that broad portion has a width greater than a width of the neck. However, in a different embodiment Moore teaches an engagement member having a neck (see remarked Fig. 8 below) and a broad portion (see remarked Fig. 8 below) having a width greater than a width of the neck (Fig. 8). 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 engagement portion such that the broad portion has a width greater than a width of the neck, as taught by the embodiment shown in Fig. 8, for the purpose of a more elaborate interlocking configuration of tabs, prongs and detents (paragraph [0174]) to better prevent unwanted loosening.
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Regarding claim 59, Moore discloses the segment of Claim 58, wherein the channel is configured to receive an elongate flexible member therethrough (ref. 32, Fig. 18).
Regarding claim 60, Moore discloses the segment of Claim 58, wherein the engagement member is a first engagement member and the segment further comprises a second engagement member extending away from the second end portion of the body (Fig. 12), and wherein the second engagement member is configured to be received within the recess of the adjacent one of the segments (Figs. 11 – 12).
Regarding claim 61, Moore discloses the segment of Claim 60, wherein the channel is a first channel and the segment further comprises a second channel extending through the second engagement member and the body (Fig. 12).
Claim(s) 24, 25, 34, 35, 43, 44 and 50 - 57 is/are rejected under 35 U.S.C. 103 as being unpatentable over Moore (US 2012/0065638 A1) in view of Krause (US 2019/0120282 A1).
Regarding claim 24, Moore discloses the device of Claim 21, except wherein the engagement member comprises: a neck extending away from an end face of the segment, and a broad portion extending away from the neck, wherein the broad portion comprises lateral surfaces and a top surface, and wherein a radius of curvature along the top surface is greater than a radius of curvature along the lateral surfaces.
Regarding claim 25, Moore discloses the device of Claim 21, except wherein the engagement member comprises: a neck extending away from an end face of the segment, and a broad portion extending away from the neck, the broad portion having a height to width ratio that is less than one.
Regarding claim 34, Moore discloses the device of Claim 31, except wherein the engagement member comprises: a neck extending away from an end face of the segment, and a broad portion extending away from the neck, wherein the broad portion comprises lateral surfaces and a top surface, and wherein a radius of curvature along the top surface is greater than a radius of curvature along the lateral surfaces.
Regarding claim 35, Moore discloses the device of Claim 31, except wherein the engagement member comprises: a neck extending away from an end face of the segment, and a broad portion extending away from the neck, the broad portion having a height to width ratio that is less than one.
Regarding claim 43, Moore discloses the device of Claim 41, except wherein the engagement member comprises: a neck extending away from an end face of the segment, and a broad portion extending away from the neck, wherein the broad portion comprises lateral surfaces and a top surface, and wherein a radius of curvature along the top surface is greater than a radius of curvature along the lateral surfaces.
Regarding claim 44, Moore discloses the device of Claim 41, except wherein the engagement member comprises: a neck extending away from an end face of the segment, and a broad portion extending away from the neck, the broad portion having a height to width ratio that is less than one.
Krause teaches an analogous device (Abstract) comprising a segment (Fig. 15, ref. 354), wherein the segment comprises an engagement member having a neck extending away from an end face of the segment, and a broad portion extending away from the neck, the broad portion having a height to width ratio that is less than one and wherein a radius of curvature along the top surface is greater than a radius of curvature along the lateral surfaces (see remarked Fig. 21B below which shows the width being substantially larger than the height, thus resulting in a ratio of less than one and the top surface being relatively flat compared to the lateral sides thus having a higher radius of curvature). 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 shape of the engagement portion such that the neck extending away from an end face of the segment, and a broad portion extending away from the neck, the broad portion having a height to width ratio that is less than one and wherein a radius of curvature along the top surface is greater than a radius of curvature along the lateral surfaces, as taught by Krause, for the purpose of an increase overlap in the dovetail shape thus improving the locking between the segments (Krause, paragraph [0102]).
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Regarding claim 50, Moore discloses a segment (Fig. 12, ref. 12E) configured for use with a fixation device that comprises a plurality of interconnected segments (Abstract), the segment comprising:
a body having a first end portion (top end as shown in Fig. 12) and a second end portion (opposite bottom portion), the body having a recess at the first end portion (the space between refs. 30E);
an engagement member (ref. 30E) extending away from the second end portion of the body (Fig. 12), wherein the engagement member is configured to be received within a recess of an adjacent one of the segments (Fig. 11), and
a channel extending through the engagement member and the body (Fig. 12, ref. 36).
Moore is silent that the engagement member comprises: a neck having a first end at the second end portion of the body and a second end, and a broad portion at the second end of the neck, wherein the broad portion comprises lateral sides and a top side, and wherein a radius of curvature of the broad portion along the top side is greater than a radius of curvature along the lateral sides, the broad portion having a width greater than a width of the neck.
Krause teaches an analogous device (Abstract) comprising a segment (Fig. 15, ref. 354), wherein the segment comprises an engagement member having a neck extending away from an end face of the segment, and a broad portion extending away from the neck, the broad portion comprises lateral sides and a top side, and wherein a radius of curvature of the broad portion along the top side is greater than a radius of curvature along the lateral sides, the broad portion having a width greater than a width of the neck (see remarked Fig. 21B below). 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 shape of the engagement portion such that the broad portion comprises lateral sides and a top side, and wherein a radius of curvature of the broad portion along the top side is greater than a radius of curvature along the lateral sides, the broad portion having a width greater than a width of the neck, as taught by Krause, for the purpose of an increase overlap in the dovetail shape thus improving the locking between the segments (Krause, paragraph [0102]).
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Regarding claim 51, Moore in view of Krause discloses the segment of Claim 50, wherein the channel is configured to receive an elongate flexible member therethrough (Moore, ref. 38, Fig. 11).
Regarding claim 52, Moore in view of Krause discloses the segment of Claim 50, wherein the engagement member is a first engagement member and the segment further comprises a second engagement member extending away from the second end portion of the body, and wherein the second engagement member is configured to be received within the recess of the adjacent one of the segments (Moore, Figs. 11 – 12 show a plurality of engagement members configured to engagement with associated members of another segment).
Regarding claim 53, Moore in view of Krause discloses the segment of Claim 52, wherein the channel is a first channel and the segment further comprises a second channel extending through the second engagement member and the body (Moore, Fig. 12).
Regarding claim 54, Moore discloses a segment (Fig. 12, ref. 12E) configured for use with a fixation device that comprises a plurality of interconnected segments (Abstract), the segment comprising:
a body (Fig. 12) having a first end portion (top end) and a second end portion (bottom end), the body having a recess at the first end portion (the space between members ref. 30E);
an engagement member (ref. 30E) extending away from the second end portion of the body (Fig. 12), wherein the engagement member is configured to be received within a recess of an adjacent one of the segments (Fig. 11), and
a channel extending through the engagement member and the body (Fig. 12, ref. 36).
Moore is silent regarding the limitation that the engagement member comprises: a neck having a first end at the second end portion of the body and a second end, and a broad portion at the second end of the neck, the broad portion having a height to width ratio that is less than one, the broad portion having a width greater than a width of the neck.
Krause teaches an analogous device (Abstract) comprising a segment (Fig. 15, ref. 354), wherein the segment comprises an engagement member having a neck extending away from an end face of the segment, and a broad portion extending away from the neck, the broad portion having a height to width ratio that is less than one, and having a width greater than a width of the neck (see remarked Fig. 21B below which shows the width being substantially larger than the height, thus resulting in a ratio of less than one). 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 shape of the engagement portion such that the neck extending away from an end face of the segment, and a broad portion extending away from the neck, the broad portion having a height to width ratio that is less than one, the broad portion having a width greater than a width of the neck, as taught by Krause, for the purpose of an increase overlap in the dovetail shape thus improving the locking between the segments (Krause, paragraph [0102]).
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Regarding claim 55, Moore in view of Krause discloses the segment of Claim 54, wherein the channel is configured to receive an elongate flexible member therethrough (Moore, ref. 38).
Regarding claim 56, Moore in view of Krause discloses the segment of Claim 54, wherein the engagement member is a first engagement member and the segment further comprises a second engagement member extending away from the second end portion of the body, and wherein the second engagement member is configured to be received within the recess of the adjacent one of the segments (Moore, refs. 11 – 12).
Regarding claim 57, Moore in view of Krause discloses the segment of Claim 56, wherein the channel is a first channel and the segment further comprises a second channel extending through the second engagement member and the body (Moore, ref. 12).
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 TESSA M MATTHEWS whose telephone number is (571)272-8817. The examiner can normally be reached M - F 8am - 1pm.
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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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/TESSA M MATTHEWS/Examiner, Art Unit 3773
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