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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 October 31, 2025 has been entered.
As directed by the amendment, claims 1 and 21 have been amended and claims 24-26 have been added. Claims 4-5, 22 are cancelled.
As such, claims 1-3, 6-21, 23-26 remain under consideration in the instant application.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 20 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. The limitations of claim 20 were previously recited in claim 16 from which it depends. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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, 6-8, 10, 14-15, 23-25 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Muser (US 2021/0196331).
Regarding claim 1, Muser discloses an orthopedic bone screw (100, FIG. 9), comprising: a head (104); and a shaft (portion distal of head 104) extending from the head and comprising threads (122), the threads comprising a major diameter and a minor diameter (FIG. 9); the shaft comprising a threadless atraumatic tip (114) opposite the head, the threadless atraumatic tip comprising a cylindrical portion (at 138) that is distal of the threads, and a round end portion (¶35) that is distal of the cylindrical portion and forms a tip of the orthopedic bone screw (FIG. 9); the shaft further comprising a thread runout region proximal of the threadless atraumatic tip in which a thread height of the threads gradually increases moving in a proximal direction from the threadless atraumatic tip (FIG. 9); wherein a length of the cylindrical portion of the threadless atraumatic tip is 25% to 150% of the major diameter of the threads (FIG. 9), and the major diameter of the threads is measured proximally of the thread runout region; and wherein the threads comprise a thread pitch, and the length of the cylindrical portion of the threadless atraumatic tip is 100% to 500% of the thread pitch (FIG. 9).
Regarding claim 6, Muser teaches the orthopedic bone screw of claim 1, a diameter of the cylindrical portion of the threadless atraumatic tip is less than the minor diameter of the threads (FIG. 9), and the minor diameter of the threads increases in the thread runout region from the diameter of the cylindrical portion of the threadless atraumatic tip to a specified minor diameter (FIG. 9).
Regarding claim 7, Muser teaches the orthopedic bone screw of claim 1, wherein the threadless atraumatic tip further comprises a fillet surface portion (tapered portion between cylindrical and round end portions) between the cylindrical portion and the round end portion.
Regarding claim 8, Muser teaches the orthopedic bone screw of claim 7, wherein the round end portion of the threadless atraumatic tip comprises a spherical end surface (FIG. 9).
Regarding claim 10, Muser teaches the orthopedic bone screw of claim 1, wherein: the threads of the shaft are first threads comprising a first thread pitch; the head further comprises second threads having a second thread pitch; and the second thread pitch is greater than the first thread pitch (¶28).
Regarding claim 14, Muser teaches the orthopedic bone screw of claim 1, wherein the length of the cylindrical portion of the threadless atraumatic tip is (approximately) 25% to 100% of a diameter of the cylindrical portion of the threadless atraumatic tip (FIG. 9).
Regarding claim 15, Muser teaches a method, comprising driving the orthopedic bone screw of claim 1 into a bone (nature of bone screw).
Regarding claim 24, Muser discloses the orthopedic bone screw of claim 1, wherein an overall length of the threadless atraumatic tip is 200% to 600% of the thread pitch (FIG. 9).
Regarding claim 25, Muser discloses the orthopedic bone screw of claim 1, wherein the threads on the shaft are single lead threads, and the thread runout region comprises two threads to five threads (FIG. 9).
Regarding claim 23, Muser discloses an orthopedic bone screw, comprising: a head (104); and a shaft (portion distal of head 104) extending from the head and comprising threads (122), the threads comprising a major diameter and a minor diameter (FIG. 9); the shaft comprising a threadless atraumatic tip (114) opposite the head, the threadless atraumatic tip comprising a cylindrical portion (at 138) that is distal of the threads, and a round end portion (¶35) that is distal of the cylindrical portion and forms a tip of the orthopedic bone screw (FIG. 9); the shaft further comprising a thread runout region proximal of the threadless atraumatic tip in which a thread height of the threads gradually increases moving in a proximal direction from the threadless atraumatic tip (FIG. 9); wherein a length of the cylindrical portion of the threadless atraumatic tip is 25% to 150% of the major diameter of the threads (FIG. 9), a diameter of the cylindrical portion of the threadless atraumatic tip is less than the minor diameter of the threads (FIG. 9), and the minor diameter of the threads increases in the thread runout region from the diameter of the cylindrical portion of the threadless atraumatic tip to a specified minor diameter (FIG. 9).
Claim(s) 16, 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Roth (US 2019/0008571).
Regarding claim 16, Roth discloses an orthopedic bone screw (100, FIG. 1), comprising: a head (400); and a shaft (200 with 300 and 110) extending from the head and comprising threads (270), the threads comprising a major diameter and a minor diameter; the shaft comprising a threadless atraumatic tip (110) opposite the head, the threadless atraumatic tip comprising a cylindrical portion (120) that is distal of the threads, and a round end portion (190, circular cross section) that is distal of the cylindrical portion and forms a tip of the orthopedic bone screw; wherein at least the cylindrical portion of the threadless atraumatic tip comprises a plurality of cutting flutes (170); and wherein the threads comprise a thread pitch, and a length of the cylindrical portion of the threadless atraumatic tip is 100% to 500% of the thread pitch (FIG. 1).
Regarding claim 20, Roth teaches the orthopedic bone screw of claim 16, wherein the threads comprise a thread pitch, and the length of the cylindrical portion of the threadless atraumatic tip is 100% to 500% of the thread pitch (FIG. 1).
Allowable Subject Matter
Claim 21 is allowable over the prior art.
Claims 2-3, 9, 11-13, 17-19, 26 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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.
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