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 Species D (best shown by Figs. 19A and including Fig. 24A) in the reply filed on August 4, 2025 is acknowledged.
Priority
This Application is a CIP and some of the claims are generic back to earlier embodiments fully disclosed in parent cases.
Claims 2, 9, and 15 require the tensioning member to be cannulated. This feature is not disclosed in the parent cases, so claims 2, 9, and 15-21 are given a priority date of 9/30/2023.
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) 2 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gregersen et al. (US 11317956; “Gregersen”), in view of Muckter (US 2002/0198527).
Claim 2, Gregersen discloses a bone screw (Figs. 13A-13D) insertable into a bone (Figs. 13A-13D), the bone screw comprising: a distal member (1120) comprising bone-engaging threads (1106 points to the threads); a proximal member (1104) configured to slidably engage the distal member (cols. 20-22); and a tension member (1108) comprising: a proximal end (1140) coupled to the proximal member (Fig. 13A); and a distal end (1142) coupled to the distal member such that, in response to motion of the distal member away from the proximal member, the tension member elongates and urges the distal member to move toward the proximal member (Fig. 13A; cols. 20-22); wherein: one of the proximal member and the distal member comprises a torque transmission socket (Fig. 13B 1114); the other of the proximal member and the distal member comprises a shaft (Fig. 12; 1120) adjacent to a torque transmission protrusion (the splines just above the threaded portion) that is slidably receivable within the torque transmission socket to transmit torque between the proximal member and the distal member (Fig. 13A); and the torque transmission protrusion comprises a torque transmission feature with a first maximum diameter larger than a second maximum diameter of a portion of the shaft that is adjacent to the torque transmission feature (Figs. 12 and 13C); and the shaft comprises a circular cross-section (Figs. 12 and 13C).
However, Gregersen does not disclose the shaft comprising a cannula sized to receive a guidewire.
Muckter teaches a bone screw (Figs. 6A-6B) that has a proximal member (17), distal member (19) and a tension member (18), wherein the tension member is cannulated (paragraph [0045]).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to include a cannula, as taught by Muckter, in the tension member shaft of Gregersen, in order to allow the entire device to be inserted over a guide wire which helps get the screw to the desired location (paragraph [0045]).
Claim 9, Gregersen discloses a bone screw (Figs. 13A-13D) insertable into a bone (Figs. 13A-13D), the bone screw comprising: a distal member (1120) comprising bone-engaging threads (1106 points to the threads); a proximal member (1104) configured to slidably engage the distal member (cols. 20-22); and a tension member (1108) comprising: a proximal end (1140) coupled to the proximal member (Fig. 13A); and a distal end (1142) coupled to the distal member such that, in response to motion of the distal member away from the proximal member, the tension member elongates and urges the distal member to move toward the proximal member (Fig. 13A; cols. 20-22); wherein: the tension member has a length from the proximal end to the distal end (Fig. 13D); the proximal member and the distal member cooperate to define a length limiting mechanism (Figs. 13A-13D; 1212 and 1218) configured to prevent the length from exceeding a maximum length (Fig. 13A; col. 22, lines 14-30); the length limiting mechanism comprises: a distal shoulder (Fig. 13B; 1216) and a proximal shoulder (opposite proximal shoulder), both of which are on one of the proximal member and the distal member (Fig. 13B); and a stop feature (Fig. 13C; 1212) on the other of the proximal member and the distal member (Fig. 13C); and the stop feature is positioned between the distal shoulder and the proximal shoulder to define a minimum length and the maximum length by abutting the stop feature against the distal shoulder and the proximal shoulder (Fig. 13A).
However, Gregersen does not disclose the shaft comprising a cannula sized to receive a guidewire.
Muckter teaches a bone screw (Figs. 6A-6B) that has a proximal member (17), distal member (19) and a tension member (18), wherein the tension member is cannulated (paragraph [0045]).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to include a cannula, as taught by Muckter, in the tension member shaft of Gregersen, in order to allow the entire device to be inserted over a guide wire which helps get the screw to the desired location (paragraph [0045]).
Allowable Subject Matter
Claims 1, 5-8, 13-15, and 18-23 are allowed.
Response to Arguments
Claims 2 and 9 are still being rejected, even though they rely on an allowed independent claim, they are more specific to the CIP invention in the current application and noted above, so they do not get priority back to the parent cases. Therefore, this opens up the instance where the parent cases, such as Gregersen, can be used to help reject the claims.
Rejoinder will not be considered until all the elected claims are allowed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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 Zade Coley whose telephone number is (571)270-1931. The examiner can normally be reached M-F (9-5) PT.
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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.
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/Zade Coley/Primary Examiner, Art Unit 3775
