Prosecution Insights
Last updated: October 23, 2026
Application No. 18/454,870

PERIPROSTHETIC PLATE AND ASSOCIATED METHOD OF USE

Final Rejection §112
Filed
Aug 24, 2023
Examiner
CHANG, OLIVIA C
Art Unit
3775
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Globus Medical Inc.
OA Round
4 (Final)
85%
Grant Probability
Favorable
5-6
OA Rounds
0m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allowance Rate
626 granted / 740 resolved
+14.6% vs TC avg
Moderate +13% lift
Without
With
+13.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
18 currently pending
Career history
766
Total Applications
across all art units

Statute-Specific Performance

§101
2.3%
-37.7% vs TC avg
§103
35.8%
-4.2% vs TC avg
§102
33.4%
-6.6% vs TC avg
§112
27.3%
-12.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 740 resolved cases

Office Action

§112
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 September 9, 2026. As directed by the amendment, claims 1 and 14 have been amended and claim 3 was previously cancelled. Claims 11-13, 16-20 were previously withdrawn. As such, claims 1-2, 4-10, 14-15 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 1-2, 4-10, 14-15 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. Claims 1 and 14 recite the limitation “an opening in a center of the top portion having a first pair of grooves on a first side of the opening and a second pair of grooves on a second side of the opening opposite the first side, wherein the first pair of grooves and the second pair of grooves correspond to a first set of cable holes, a second set of cable holes, and a third set of cable holes”. It is unclear how first and second pairs of grooves correspond to three sets of cable holes. “A first pair of grooves” actually consists of three pairs of grooves. Likewise, “a second pair of grooves” consists of three pairs of grooves. Examiner interpreted the claim as reciting “an opening in a center of the top portion having [[a first pair]] three pairs of grooves on a first side of the opening and [[a second pair]] three pairs of grooves on a second side of the opening opposite the first side, wherein the [[first pair of grooves and the second pair of grooves]] three pairs of grooves on the first side of the opening and the three pairs of grooves on the second side of the opening correspond to a first set of cable holes, a second set of cable holes, and a third set of cable holes”, or similar. Allowable Subject Matter Claims 1-2, 4-10, 14-15 are rejected under 35 U.S.C. 112, second paragraph, as stated above, but would be allowable if rewritten to correct the indefiniteness. 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. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /OLIVIA C CHANG/Primary Examiner, Art Unit 3775
Read full office action

Prosecution Timeline

Show 1 earlier event
Aug 04, 2025
Non-Final Rejection mailed — §112
Nov 04, 2025
Response Filed
Jan 07, 2026
Final Rejection mailed — §112
Apr 07, 2026
Request for Continued Examination
Apr 21, 2026
Response after Non-Final Action
Jun 09, 2026
Non-Final Rejection mailed — §112
Sep 09, 2026
Response Filed
Oct 08, 2026
Final Rejection mailed — §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12765929
INTERLOCK FASTENER
1y 8m to grant Granted Oct 20, 2026
Patent 12758278
COMPRESSION DEVICE, KIT, AND METHOD
2y 2m to grant Granted Oct 13, 2026
Patent 12740815
VARIABLE FIXATION BONE PLATES
2y 6m to grant Granted Sep 22, 2026
Patent 12728165
METHOD AND APPARATUS FOR TREATING BONE FRACTURES, AND/OR FOR FORTIFYING AND/OR AUGMENTING BONE, INCLUDING THE PROVISION AND USE OF COMPOSITE IMPLANTS, AND NOVEL COMPOSITE STRUCTURES WHICH MAY BE USED FOR MEDICAL AND NON-MEDICAL APPLICATIONS
5y 10m to grant Granted Sep 08, 2026
Patent 12727754
METHODS AND SYSTEMS FOR UPGRADABLE VIDEO MEDICAL DEVICE SYSTEM
2y 8m to grant Granted Sep 08, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

5-6
Expected OA Rounds
85%
Grant Probability
98%
With Interview (+13.1%)
2y 10m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 740 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month