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 August 7, 2025. As directed by the amendment, claims 1 have been amended and claims 21-22 have been added. Claims 11-15, 17-19 were previously withdrawn, and claims 16 and 20 have been cancelled. As such, claims 1-10, 21-22 remain under consideration in the instant application.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-10, 21-22 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites “A bone fixation apparatus comprising: a shaft portion…a head portion…a spring…and a washer…”. However, as best understood, the shaft portion, head portion and spring are part of the “apparatus” while the washer is a separate component of a system. Therefore, Examiner recommends amending the claim to recite “A bone fixation system comprising: a bone fixation apparatus comprising….and a washer…”
Claim 1 recites the limitation “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, and a spike for engaging a bone”. It is unclear whether the spike is part of the washer or part of the apparatus as a whole. Examiner recommends amending as follows “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,[[ and]]wherein the washer has a spike for engaging a bone.”
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, 21-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tipirneni et al. (US 2010/0268285), hereinafter “Tipirneni”, in view of Zhao et al. (US 2016/0206358), hereinafter “Zhao”.
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. Zhao teaches a bone fixation system (4oo|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 (¶36,44), wherein the washer has a spike (316|516) for engaging a bone. 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, to enhance the engagement between the apparatus and the bone. In this case, one would utilize the spiked washer as per Zhao with the apparatus of Tipirneni to positively fix the screw against a bone surface.
Regarding claim 2, Tipirneni as modified by Zhao teach the bone fixation apparatus 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 Zhao teach the bone fixation apparatus 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 Zhao teach the bone fixation apparatus 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 Zhao teach the bone fixation apparatus 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 Zhao teach the bone fixation apparatus 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 Zhao teach the bone fixation apparatus 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 Zhao teach the bone fixation apparatus 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 Zhao teach the bone fixation apparatus 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 Zhao teach the bone fixation apparatus 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 21, Tipirneni as modified by Zhao teach the bone fixation apparatus of claim 1, and Zhao further teaches wherein the washer includes a plurality of spikes (316|516).
Regarding claim 22, Tipirneni as modified by Zhao teach the bone fixation apparatus of claim 1, and Zhao further teaches wherein the central aperture of the washer is oblong (¶30, FIG. 1).
Response to Arguments
Applicant’s arguments with respect to claim 1 have been considered but are moot because the arguments do not apply to the combination of references being used in the current rejection. The newly presented rejection was necessitated by the amendments to the claims of August 7, 2025.
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