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 .
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) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Haidukewych et al. (US Pub 2021/0169655).
With respect to claim 1, Haidukewych et al. discloses a system (see figures 9A and 12 below) for repairing a first fracture (see fig 12 below)and a second fracture (See fig 12 below) of a bone associated with a joint, the system comprising: a fastener (fig 12, 3100) configured to span the first fracture and comprising: a first end (See fig 12 below) configured to engage the bone on a first side of the first fracture; and a second end (see fig 12 below) configured to engage the bone on a second side of the first fracture; an intramedullary nail (fig 9A, 910) comprising a nail receiver (see fig 12 below hole for 3100) configured to slidably receive the fastener; a bone plate (fig 9A, 912 or fig 12, 112) comprising: a plate aperture (see fig 9A below) configured to receive the fastener; and a bone engagement surface (see fig 9A below, lower surface of the plate) securable to the bone on either side of the second fracture (fig 12); wherein, with the fastener slidably received in the nail receiver, a longitudinal axis of the fastener passes through the plate aperture (plate is bendable (paragraph 21) such that the plate aperture would line up with the fastener). With respect to claim 2, Haidukewych et al. discloses wherein the bone plate is shaped to avoid blocking lateral motion of the fastener through a lateral aspect of a greater trochanter (aligning the aperture with the fastener would avoid blocking lateral movement). With respect to claim 3, Haidukewych et al. discloses wherein the plate aperture is configured to encircle the fastener (fig 9). With respect to claim 4, Haidukewych et al. discloses wherein the fastener is configured as a lag screw (fig 12, 3100) comprising a threaded portion (See fig 12 below) configured to threadably engage the bone on a first side of the first fracture. With respect to claim 5, Haidukewych et al. discloses wherein the fastener is configured as a compression screw comprising a first thread form (See (fig 12 below) with a first thread pitch and a second thread form (See fig 12 below) with a second thread pitch, wherein the first thread pitch is greater than the second thread pitch (the first thread pitch is shown greater than the second thread pitch). With respect to claim 6, Haidukewych et al. discloses wherein the fastener is configured to compress the first fracture (See fig 12 below). With respect to claim 7, Haidukewych et al. discloses wherein the bone plate is configured to prevent translation of a proximal fragment of the bone relative to a distal fragment of the bone (the plate wraps around the proximal portion preventing translation). With respect to claim 8, Haidukewych et al. discloses wherein: the intramedullary nail further comprises a first attachment interface (fig 9A, 903); and the bone plate further comprises a second attachment interface (fig 9A, 904) that is attachable to the first attachment interface of the intramedullary nail in order to couple the bone plate to the intramedullary nail. With respect to claim 9, Haidukewych et al. discloses wherein the bone plate is bendable such that the bone plate can be shaped to conform to at least one surface of a greater trochanter of a femur (paragraph 21).
With respect to claim 10, Haidukewych et al. discloses a system (see fig 9A and 12 below) for repairing a first fracture (see fig 12 below) and a second fracture (see fig 12 below) of a bone associated with a joint, the system comprising: a fastener (fig 12, 3100) configured to span the first fracture and comprising: a first end (see fig 12 below) configured to engage the bone on a first side of the first fracture; and a second end (See fig 12 below)configured to engage the bone on a second side of the first fracture; an intramedullary nail (fig 9A, 910) comprising a nail receiver (fig 12 hole for 3100) configured to slidably receive the fastener; a bone plate (fig 9A, 912, 12, 112) configured to prevent translation of a proximal fragment of the bone relative to a distal fragment of the bone (wraps around the bone), the bone plate comprising: a bone engagement surface (fig 9A underside of the plate) securable to the bone on either side of the second fracture; wherein: the bone plate is configured to engage a lateral aspect of a greater trochanter (fig 12); and the bone plate is shaped to avoid blocking lateral motion of the fastener through the lateral aspect of the greater trochanter (aperture shown in 9A would allow for avoiding blocking motion). With respect to claim 11, Haidukewych et al. discloses wherein the bone plate is bendable (paragraph 21) such that the bone plate can be shaped to conform to at least one surface of the greater trochanter of a femur. With respect to claim 12, Haidukewych et al. discloses wherein: the intramedullary nail further comprises a first attachment interface (fig 9A, 903); and the bone plate further comprises a second attachment interface (fig 9A, 904) that is attachable to the first attachment interface of the intramedullary nail in order to couple the bone plate to the intramedullary nail. With respect to claim 13, Haidukewych et al. discloses wherein the fastener is configured as a lag screw (fig 12, 3100) comprising a threaded portion (See fig 12 below) configured to threadably engage the bone on a first side of the first fracture. With respect to claim 14, Haidukewych et al. discloses wherein the fastener is configured as a compression screw comprising a first thread form with a first thread pitch (See fig 12 below) and a second thread form with a second thread pitch (See fig 12 below), wherein the first thread pitch is greater than the second thread pitch (see fig 12 below the first pitch is grated than the second pitch). With respect to claim 15, Haidukewych et al. discloses wherein the fastener is configured to compress the first fracture (fig 12 the fastener crosses the first fracture).
With respect to claim 16, Haidukewych et al. discloses a system for repairing a first fracture and a second fracture of a bone associated with a joint (see fig 12 below), the system comprising: a fastener (fig 12, 3100) configured to compress the first fracture and comprising: a first end (See fig 12 below) configured to engage the bone on a first side of the first fracture; and a second end (see fig 12 below) configured to engage the bone on a second side of the first fracture; an intramedullary nail (fig 9A, 910) comprising a nail receiver (Fig 12 hole for 3100) configured to slidably receive the fastener; a bone plate (fig 9A, 912, and fig 12, 112) configured to prevent translation of a proximal fragment of the bone relative to a distal fragment of the bone (wraps around the proximal fragment to the distal fragment), the bone plate comprising: a plate aperture (See fig 9A below) configured to receive the fastener; and a bone engagement surface (See fig 9A, underside of the plate) securable to the bone on either side of the second fracture formed in the bone; wherein the plate aperture is configured to encircle the fastener (fig 9A). With respect to claim 17, Haidukewych et al. discloses wherein the bone plate is bendable (paragraph 21) such that the bone plate can be shaped to conform to at least one surface of a greater trochanter of a femur. With respect to claim 18, Haidukewych et al. discloses wherein the bone plate further comprises: a plurality of screw apertures (See fig 9A below) proximal to the plate aperture; and a plurality of screw apertures (see fig 9A below) distal to the plate aperture. With respect to claim 19, Haidukewych et al. discloses wherein the first fracture is a femoral neck fracture and the second fracture is one of: a subtrochanteric fracture, an intertrochanteric fracture, a fracture of a greater trochanter, or a fracture of a lesser trochanter (fig 12 below). With respect to claim 20, Haidukewych et al. discloses wherein the intramedullary nail is configured to span the second fracture (See fig 12, below).
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Response to Arguments
Applicant's arguments filed 1/26/2026 have been fully considered but they are not persuasive. The applicant argues that Haidukewych does not disclose a plate aperture configured to receive a fastener and avoid blocking laterally motion of the fastener. The examiner respectfully disagrees. Central expanse 136 is shown to have a larger diameter and being elongated such that a fastener placed in the opening would be allowed to have laterally motion. Haidukewych also discloses the plate is malleable to conform to the bone (paragraph 59) such that a plate shown in figure 12 conformed to the bone would line up with fastener 3100 or 3200 such that it would allow for lateral movement and receive the fastener.
The applicant additionally argues that Haidukewych does not disclose the nail slideably receiving the fastener. The examiner respectfully disagrees. As shown in figure 12 above the fastener has a smooth surface that would slide within the aperture in the nail as the tip of the fastener is threaded into the bone.
The rejections are deemed proper.
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 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.
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/S.J.C/Examiner, Art Unit 3773 /EDUARDO C ROBERT/Supervisory Patent Examiner, Art Unit 3773