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 .
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-8 is/are rejected under 35 U.S.C. 103 as being obvious over Zander et al (US Patent Pub. 20240156499A1) in view of Perez et al (US Pat Pub 20230058351A1).
Zander recites a bone stabilization system. Specifically in regards to claim 1, Zander recites a bone plate (10) configured to be positioned against an exterior surface of a long bone, the bone plate (10) having a plurality of fastener openings (15,14,19,16,20) defined therethrough (Fig. 3, Para. [0033]); an intramedullary nail (70) configured to extend through a medullary canal of the long bone, the intramedullary nail (70) defining a plurality of holes (73,74) therethrough (Fig. 1; and Para. [0031]); a first fastener (52 or 56) configured to extend through one of the fastener openings (14 or 15) in the bone plate (10) and through one of the holes (73 or 74) in the intramedullary nail (70) and into the bone, thereby interlocking the bone plate (10) and the intramedullary nail (70) together (Fig. 5 and Para, [0050]); a second fastener (59 or 58) configured to extend through one of the fastener openings (19 or 20) in the bone plate (10) and directly into the bone without passing through the intramedullary nail (70) (Fig. 5, Para. [0053]); and a third fastener (locking screws shown in Fig. 17) configured to extend through one of the holes in the intramedullary nail (70) and directly into the bone without passing through the bone plate (10) (Fig. 17, Para. [0048]). However, the reference is silent as to the bone plate having a series of wire holes disposed on a periphery of a distal end of the bone plate.
Perez recites a bone stabilization system. Specifically in regards to claim 1, Peres recites a bone plate (600) configured to be positioned against an exterior surface of a long bone, the bone plate (600) having a plurality of fastener openings (618) defined therethrough, and wherein the bone plate (600) has a series of wire holes (small holes between 618) disposed on a periphery of a distal end of the bone plate (600) (Fig. 9a-9f; and Para. [0249]-[0254]). It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the plate (10) of Zander to have a series of wire holes disposed on a periphery of a distal end of the bone plate as taught in Perez in order to have a means to temporarily attach the plate prior to final attachment.
In regards to claim 2, Zander recites wherein the first fastener (52 or 56) includes a locking screw that threads into both the bone plate (10) and the intramedullary nail (70), a locking screw that threads into the bone plate only, a headed or headless locking screw that threads into the nail only, or a non-locking screw that does not lock to the bone plate or the intramedullary nail (Fig. 5 and 14).
In regards to claim 3, Zander recites wherein the second fastener (59 or 58) includes a plate locking screw configured to secure one end of the bone plate into epiphysis of the bone (Fig. 5).
In regards to claim 4, Zander recites a fourth fastener (59 or 58) configured to extend through one of the fastener openings (19 or 20) in the bone plate (10), around the intramedullary nail (70), and directly into bone without passing through the intramedullary nail (70) (Fig. 1-2 or 5).
In regards to claim 5, Zander recites wherein the fourth fastener (59 or 58) includes a plate locking screw configured to secure the bone plate into diaphysis of the bone (Fig. 1-2 or 5).
In regards to claim 6, Zander recites wherein the fourth fastener (59 or 58) is part of a pair of fasteners positioned on opposite sides of the intramedullary nail (70) (Fig. 1-2 or 5).
In regards to claim 7, Zander recites a fifth fastener configured to extend through one of the fastener openings (16) in the bone plate (10) and into the neck and head of the long bone (Fig. 3; and Para. [0061]).
In regards to claim 8, Zander in view of Perez recites a bone stabilization system comprises a bone plate and an intramedullary nail wherein a first fastener passes through both the plate and nail, a second nail passes only through the plate and into the bone, and a third fastener passes only through the nail and into the bone. Zander further recites wherein the first fastener (52 or 56) is part of one set of fasteners configured for interlocking a distal end of the bone plate (10) and the intramedullary nail (70) (Fig. 5 and 14), and wherein a fastener for interlocking a proximal end of the bone plate (10) and intramedullary nail (10) (Zander recites that a proximal bore is then drilled in the bone either over or after removal of the k-wire, with the bore extending through proximal plate hole 16 and proximal nail hole 75 and a third fastener is inserted through proximal plate hole 16 and into the proximal bore and proximal nail hole 75.) (Fig. 3, and Para. [0061]). However, the reference is silent as to a second set of fasteners configured for interlocking a proximal end of the bone plate and intramedullary nail. It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the drilling into the proximal end of the plate (10) and nail (70) of Zander so that there’s be two anchors at the proximal end instead of one, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art.
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot because the arguments do not apply to the new combination of references being used in the current rejection.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 MARCELA I SHIRSAT whose telephone number is (571)270-5269. The examiner can normally be reached M-F 9:00am-5:30pm MST.
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/MARCELA I. SHIRSAT/ Primary Examiner, Art Unit 3775
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