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 March 11, 2026. As directed by the amendment, claim 1 has been amended. As such, claims 1-18 remain under consideration in the instant application.
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) 1-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zille et al. (US 2020/0375686), in view of Heggeness et al. (US 5,558,674), hereinafter “Heggeness”.
Regarding claim 1, Zille discloses a system (FIGS. 1-6) with adjustable plates for minimally invasive orthognathic surgery, comprising a range of titanium (¶3) plates (106) with holes (108) for use in minimally invasive orthognathic surgery, comprising: chin-type plates, Lefort-type plates and sagittal-type mandibular plates (FIGS. 1-3), all with a reduced design (FIGS. 1-3), wherein each plate is segmented in a respective upper portion and restructured in a respective central region and either pre-molded straight or having an "L" shape (FIGS. 1-3), wherein these plates are intended for surgical correction procedures in the mandible, maxillary and chin regions; wherein the pre-molded plates are biocompatible, with anatomical designs, low profile, wherein the range of titanium plates have a rigid fixation system (using bone screws), wherein each sagittal-type mandibular plate includes angled holes (FIGS. 1-2). However, Zille is silent regarding the holes being internally threaded or the angled holes protruding from a surface of the plate. Heggeness teaches a plate (20, FIGS. 5-6) with internally threaded (“With a slight modification to the invention, namely the addition of threads to the angled bores of the inventive longitudinal spinal stabilizing member”, col. 9 ll. 39-63) angled holes (26a), wherein each edge (25a) surrounding the angled holes protrudes from a surface of the plate and forms an opening surface communicating with the respective angled hole (FIG. 5), the opening surface of the respective edge intersects the surface of the plate (FIG. 5). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, to substitute the holes of Zille with the holes of Heggeness including a protruding edge, in order to direct the fastener at the angled orientation more easily. In this case, one would form the holes of Zille including a protruding edge.
Regarding claim 2, Zille as modifed by Heggeness teach the system with adjustable plates for minimally invasive orthognathic surgery according to claim 1, wherein the Lefort-type plates are segmented in a respective upper portion and restructured in a respective central region, this central region being able to be provided with an indentation or straight; the indentations can be higher or lower, or combine holes in circular or oblong sloping surfaces, with indentations or straight surfaces; by having an upside-down angled upper surface (see Figure A below).
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Figure A: Plate system of Zille.
Regarding claim 3, Zille as modifed by Heggeness teach the system with adjustable plates for minimally invasive orthognathic surgery according to claim 1, wherein one of the Lefort-type plates includes a straight and "L" shaped lower part with holes and an indentation, while the upper part projects a terminal inclined to the right with three holes (see Figure A above).
Regarding claim 4, Zille as modifed by Heggeness teach the system with adjustable plates for minimally invasive orthognathic surgery according to claim 1, wherein one of the Lefort-type plates includes the lower part inclined below the "X" axis and three holes, from which a linear part with parallel ribs projects, from which the upper part inclined to the left of the "Y" axis, with three holes, rises (see Figure A above).
Regarding claim 5, Zille as modifed by Heggeness teach the system with adjustable plates for minimally invasive orthognathic surgery according to claim 1, wherein one of the Lefort-type plate includes an inverted "V" shaped lower part, having two holes on one side and three holes on the opposite side, from which an indentation projects, followed by a vertical linear section, giving rise to an upper part with four holes at distal points horizontally and vertically (see Figure A above).
Regarding claim 6, Zille as modifed by Heggeness teach the system with adjustable plates for minimally invasive orthognathic surgery according to claim 1, wherein in one of the Lefort-type plates, the indentation is replaced by a linear extension (see Figure A above).
Regarding claim 7, Zille as modifed by Heggeness teach the system with adjustable plates for minimally invasive orthognathic surgery according to claim 1, wherein one of the chin-type plates has the general conformation of an "X", with a lower part having a smaller width than an upper part, both parts having holes at the ends of the formed "X", in one piece and with an indentation (see Figure A above).
Regarding claim 8, Zille as modifed by Heggeness teach the system with adjustable plates for minimally invasive orthognathic surgery according to claim 1, wherein one of the chin-type plate has the conformation of an "X", with a lower part having a smaller width than an upper part, both parts having holes at the ends of the formed "X", in one piece and with an indentation unlike the previous one (see Figure A above).
Regarding claim 9, Zille as modifed by Heggeness teach the system with adjustable plates for minimally invasive orthognathic surgery according to claim 1, wherein one of the chin-type plates has the conformation of an "X", with the lower part having a smaller width than the upper part, both having holes at the ends of the formed "X", in one piece and having the rectilinear central part (see Figure A above).
Regarding claim 10, Zille as modifed by Heggeness teach the system with adjustable plates for minimally invasive orthognathic surgery according to claim 1, wherein one of the chin-type plates has the conformation of an "X", with a lower part having an equal width to an upper part, both parts having holes at the ends of the formed "X", in one piece and with the central part equipped with indentation (see Figure A above).
Regarding claim 11, Zille as modifed by Heggeness teach the system with adjustable plates for minimally invasive orthognathic surgery according to claim 1, wherein one of the sagittal-type mandibular plates with a base extension includes a slight undulation between the two aligned holes, followed by a larger angled hole, from where the end bifurcates, which similarly have angled posterior holes (see Figure A above).
Regarding claim 12, Zille as modifed by Heggeness teach the system with adjustable plates for minimally invasive orthognathic surgery according to claim 1, wherein one of the sagittal-type mandibular plates is disposed in a single and straight piece, where a base with three holes is parallel to another base with three other holes and said bases are interconnected by a straight section (see Figure A above).
Regarding claim 13, Zille as modifed by Heggeness teach the system with adjustable plates for minimally invasive orthognathic surgery according to claim 1, wherein one of the sagittal-type mandibular plates is disposed in a single and straight piece, similar to the previous one, but with the bases and projected to opposite sides (see Figure A above).
Regarding claim 14, Zille as modifed by Heggeness teach the system with adjustable plates for minimally invasive orthognathic surgery according to claim 1, wherein one of the sagittal-type mandibular plates in one piece, with a central sector, which projects on one side a terminal with an inclination in relation to the longitudinal axis of the aforementioned central sector; this terminal with an inclination has two holes; and a second terminal projects at an opposite inclination to the previous one, and has two angled holes (see Figure A above).
Regarding claim 15, Zille as modifed by Heggeness teach the system with adjustable plates for minimally invasive orthognathic surgery according to claim 1, wherein one of the sagittal-type mandibular plates is disposed in one piece, having a central rectilinear sector with two holes on its right and a hole on the left of the angled type, projecting an inclined terminal with extreme angled hole (see Figure A above).
Regarding claim 16, Zille as modifed by Heggeness teach a method of using the plates shown in claim 1, comprising application of the Lefort-type plates in oral and maxillofacial correction in the maxillary region (¶19).
Regarding claim 17, Zille as modifed by Heggeness teach the method according to claim 16, wherein the use of the chin-type plates, wherein the plates are applied in oral and maxillofacial correction in the chin region (¶19).
Regarding claim 18, Zille as modifed by Heggeness teach the method according to claim 16, wherein application of the sagittal-type mandibular plates in oral and maxillofacial correction in the mandibular - sagittal region (¶19).
Response to Arguments
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., that the invention is not patient-specific) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
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