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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on April 23, 2026 has been entered.
As directed by the amendment, claims 1-10, 22 have been amended and claims 23-24 have been added. Claims 11-15, 17-18 were previously withdrawn, and claims 16 and 19-21 have been cancelled. As such, claims 1-10, 22-24 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) 1-10, 23-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tipirneni et al. (US 2010/0268285), hereinafter “Tipirneni”, in view of Miyawaki et al. (US 2015/0313659), hereinafter “Miyawaki”.
Regarding claim 1, Tipirneni discloses a bone fixation system (100, FIGS. 16-17) comprising: a bone fixation apparatus comprising: a shaft portion (130) including bone engaging threads (FIGS. 16-17), a head portion (110) associated with the shaft portion such that the head portion can move with respect to the shaft portion (¶93), and a spring (140) providing a force on both the shaft portion and the head portion (¶93), the spring being enclosed between the head portion and the shaft portion (FIGS. 16-17). However, Tipirneni is silent regarding a washer having a central aperture through which a portion of the bone fixation apparatus can be received and which is sized to engage a portion of the head portion, wherein the washer has a spike for engaging a bone. Miyawaki teaches a bone fixation system (FIG. 5) comprising a bone fixation apparatus (2) comprising a shaft portion (3) including bone engaging threads (FIG. 3), a head portion (5), and a washer (1) having a central aperture (11) through which a portion of the bone fixation apparatus can be received and which is sized to engage a portion of the head portion, the central aperture extending along a longitudinal axis of the washer (FIG. 1B), and wherein the washer includes a first set of spikes (13) and a second set of spikes (13) for engaging a bone, wherein the first and the second set of spikes are disposed on opposite sides of the longitudinal axis such that each spike of the first and the second set of spikes is located adjacent to a corner of the washer (FIGS. 1-2). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, to combine the washer of Miyawaki with the apparatus of Tipirneni, to enhance the engagement between the apparatus and the bone. In this case, one would utilize the spiked washer as per Miyawaki with the apparatus of Tipirneni to positively fix the screw against a bone surface.
Regarding claim 2, Tipirneni as modified by Miyawaki teach the bone fixation system of claim 1, and Tipirneni further teaches wherein the spring is configured to create axial tension between the shaft portion and the head portion (¶93).
Regarding claim 3, Tipirneni as modified by Miyawaki teach the bone fixation system of claim 1, and Tipirneni further teaches wherein the spring is positioned externally to the shaft portion and internally to the head portion (FIGS. 16-17).
Regarding claim 4, Tipirneni as modified by Miyawaki teach the bone fixation system of claim 1, and Tipirneni further teaches wherein the head portion and shaft portion are associated such that the head portion cannot exert a rotational force on the shaft portion (FIGS. 16-17).
Regarding claim 5, Tipirneni as modified by Miyawaki teach the bone fixation system of claim 1, and Tipirneni further teaches wherein the head portion is a hollow cylinder (FIG. 17) with a first hole at a first end (at 100, FIG. 17) and a second hole (at distal end opposite 100) at a second end.
Regarding claim 6, Tipirneni as modified by Miyawaki teach the bone fixation system of claim 1, and Tipirneni further teaches wherein the first hole of the head portion is wider than the second hole of the head portion such that the second hole defines an inner edge (FIG. 17).
Regarding claim 7, Tipirneni as modified by Miyawaki teach the bone fixation system of claim 1, and Tipirneni further teaches wherein the shaft portion further includes an enlarged head (136) extending from a top end of the shaft portion such that the enlarged head is wider than the remainder of the shaft portion and the second hole of the head portion (FIG. 17).
Regarding claim 8, Tipirneni as modified by Miyawaki teach the bone fixation system of claim 1, and Tipirneni further teaches wherein the spring surrounds the shaft portion and abuts the inner edge of the head portion and the enlarged head of the shaft portion (FIG. 17).
Regarding claim 9, Tipirneni as modified by Miyawaki teach the bone fixation system of claim 1, and Tipirneni further teaches wherein the shaft portion is configured to receive a screwdriver shaft at a top end of the shaft portion (socket, FIGS. 16-17) such that rotational force can be transmitted from the screwdriver shaft to the shaft portion.
Regarding claim 10, Tipirneni as modified by Miyawaki teach the bone fixation system of claim 1, and Tipirneni further teaches wherein the head portion includes a rim (112) extending from the first end such that the rim is wider than the remainder of the head portion.
Regarding claim 23, Tipirneni as modified by Miyawaki teach the bone fixation system of claim 1, and Tipirneni further teaches wherein the shaft portion includes a cavity (922) configured to receive and engage a screwdriver such that the shaft portion is self-retained on the screwdriver (screwdriver is not positively recited – shaft portion is capable of being self-retained on properly configured screwdriver).
Regarding claim 24, Tipirneni discloses a bone fixation system (100, FIGS. 16-17) comprising: a bone fixation apparatus comprising: a shaft portion (130) including bone engaging threads (FIGS. 16-17), a head portion (110) associated with the shaft portion such that the head portion can move with respect to the shaft portion (¶93), and a spring (140) providing a force on both the shaft portion and the head portion (¶93), the spring being enclosed between the head portion and the shaft portion (FIGS. 16-17), wherein the shaft portion is configured to be self-retained on a screwdriver (screwdriver is not positively recited – shaft portion is capable of being self-retained on properly configured screwdriver). However, Tipirneni is silent regarding a washer having a central aperture through which a portion of the bone fixation apparatus can be received and which is sized to engage a portion of the head portion, wherein the washer has a spike for engaging a bone. Miyawaki teaches a bone fixation system (FIG. 5) comprising a bone fixation apparatus (2) comprising a shaft portion (3) including bone engaging threads (FIG. 3), a head portion (5), and a washer (1) having a spike (13) and a central aperture (11) through which a portion of the bone fixation apparatus can be received and which is sized to engage a portion of the head portion. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, to combine the washer of Miyawaki with the apparatus of Tipirneni, to enhance the engagement between the apparatus and the bone. In this case, one would utilize the spiked washer as per Miyawaki with the apparatus of Tipirneni to positively fix the screw against a bone surface.
Claim(s) 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tipirneni et al. (US 2010/0268285), hereinafter “Tipirneni”, in view of Miyawaki et al. (US 2015/0313659), hereinafter “Miyawaki”, and further in view of Zhao et al. (US 2016/0206358), hereinafter “Zhao”.
Regarding claim 22, Tipirneni as modified by Miyawaki teach the bone fixation system of claim 1, except wherein the central aperture of the washer is oblong. Zhao teaches a bone fixation system (400|600) comprising a bone fixation apparatus (404|604) comprising a shaft portion (412|612) including bone engaging threads (1-6), a head portion (408|610), and a washer (300|500) having a central aperture (318|518) through which a portion of the bone fixation apparatus can be received and which is sized to engage a portion of the head portion (136,44), wherein the washer has a spike (316|516) for engaging a bone and the central aperture of the washer is oblong (FIG. 1). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, to combine the washer of Zhao with the apparatus of Tipirneni as modified by Miyawaki, to allow small adjustments in placement. In this case, one would form the washer of Tipierneni as modified by Miyawaki comprising an oblong aperture as per Zhao.
Response to Arguments
Applicant’s arguments with respect to claims 1 and 24 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 April 23, 2026.
Conclusion
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.
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/OLIVIA C CHANG/Primary Examiner, Art Unit 3775
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