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 27, 2026. As directed by the amendment, claims 1-2, 11, 16 have been amended and claims 19-20 were previously withdrawn. As such, claims 1-18 remain under consideration in the instant application.
Claim Rejections - 35 USC § 102
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, 4-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shiner et al. (US 2022/0039847), hereinafter “Shiner”.
Regarding claim 1, Shiner discloses a periprosthetic proximal femur plate (700, FIG. 13), comprising: a head portion (204) comprising eight first polyaxial screw holes (240a-240h), wherein each first polyaxial screw hole comprises a cone of angulation from twenty-five to forty-five degrees (¶121); and a shaft portion (202), having a first lateral plate edge (206) and a second lateral plate edge (208), connected to the head portion, the shaft portion having a plurality of rows of second polyaxial screw holes (230) located at an angle from the first lateral plate edge and the second lateral plate edge of about thirty degrees to about seventy degrees (FIGS. 4, 13).
Regarding claim 4, Shiner discloses the periprosthetic proximal femur plate according to Claim 1, wherein the plurality of rows of the second polyaxial screw holes includes at least three rows (FIG. 13).
Regarding claim 5, Shiner discloses the periprosthetic proximal femur plate according to Claim 1, wherein the second polyaxial screw holes include a series of second polyaxial screw holes in a three-hole pattern (FIG. 13).
Regarding claim 6, Shiner discloses the periprosthetic proximal femur plate according to Claim 1, wherein the plurality of rows of second polyaxial screw holes are located at an angle from the first lateral plate edge and the second lateral plate edge of about forty degrees to about sixty degrees (FIG. 13).
Regarding claim 7, Shiner discloses the periprosthetic proximal femur plate according to Claim 1, wherein the plurality of rows of second polyaxial screw holes are located at an angle from the first lateral plate edge and the second lateral plate edge of about thirty-five degrees to about fifty-five degrees (FIG. 13).
Regarding claim 8, Shiner discloses the periprosthetic proximal femur plate according to Claim 1, wherein the head portion includes at least one orientation feature (244) and at least one screw hole (702) for connection with another plate.
Regarding claim 9, Shiner discloses the periprosthetic proximal femur plate according to Claim 1, further comprising a plurality of k-wire/suture openings (242).
Regarding claim 10, Shiner discloses the periprosthetic proximal femur plate according to Claim 1, further comprising at least one polyaxial screw hole (240i) capable of accepting a properly configured articulated tension device (ATD) located at an end of the shaft portion.
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) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shiner.
Shiner discloses the periprosthetic proximal femur plate according to claim 1, wherein the first polyaxial screw holes have a cone of angulation in a range from about thirty degrees to about forty degrees (¶121). However, Shiner is silent regarding the second polyaxial screw holes having a cone of angulation in a range from about thirty degrees to about forty degrees. It would have been obvious to one having ordinary skill before the effective filing date of the invention, to form the second polyaxial screw holes having a cone of angulation in a range from about thirty degrees to about forty degrees, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Allowable Subject Matter
Claims 11-18 are allowed.
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