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 § 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) 17-20 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Tyber (US 20110118739).
With respect to claim 17, Tyber discloses an anchor member (140) (see fig. 3b below) comprising a first end (304) comprising a first coupling member (e.g., threads 324), a second end (302) comprising an elongate loop (e.g., defined by 310, 316, 320, see fig. 3a below); and a first ramp (e.g., inner surface of 310 above 305) disposed within an inner perimeter of the loop (see fig. 3b below and also fig. 3a below), wherein the first ramp is configured to couple to a second coupling member (e.g., screw 130, see fig. 2 and 5).
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As for claim 18, Tyber further discloses the anchor member of claim 17, further comprising a second ramp (see fig. 3a above, inner surface of 310 above 305) disposed within the inner perimeter of the elongate loop and opposite the first ramp, wherein the second ramp is configured to couple to the second coupling member (see fig. 5).
As for claim 19, Tyber further discloses the anchor member of claim 18, wherein the second ramp is parallel to the first ramp (see fig. 3a above).
As for claim 20, Tyber further discloses the anchor member of claim 18, wherein the ramp is oriented at a first angle (e.g., 303) with respect to a longitudinal direction (305) of the anchor member and the second ramp is oriented at a negative fraction of the first angle with respect to the longitudinal direction (see fig. 3a, 3b above).
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, 2, 4-10 and 21-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tyber (US 20110118739) in view of Cundiff (US 20190336189).
With respect to claim 1, Tyber teaches a system (110, see fig. 5 below) for compressing a first bone to a second bone (see abstract and fig. 5 below), the system comprising: an anchor member (e.g., 140) comprising: a first end (304) configured to couple the anchor member to a first bone (see fig. 3b below); and a second end (302) comprising a ramp (sloped/tapered inner surface of 310 above 305, defined by 316 and 320, see fig. 3a, 3b below), the ramp extending along a longitudinal direction (e.g., along 316 between 302 and 304) of the anchor member (see para. 48 and fig. 3b below); and a coupling member (e.g., screw 130, see fig. 2) wherein the coupling member is configured to be disposed transversely to a length of a second bone (see fig. 5 below).
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Tyber does not teach the coupling member (130) comprising one or more threads to couple to the ramp.
Cundiff, also drawn to bone anchor and coupling member systems (see abstract and fig. 3a below), teaches a coupling member (100, see fig. 1) wherein the coupling member comprising one or more threads (122) to couple to a ramp (e.g., morse tapered surface between 218 and 220) of an anchor member (see para. 21, 26-32, 41-42) in order to provide a self-correction/aligning mechanism when the coupling member is inserted into the anchor member (see para. 48).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Tyber with the coupling member comprising one or more threads to couple to the ramp, in view of Cundiff, in order to provide a self-correction/aligning mechanism when the coupling member is inserted into the anchor member.
As for claim 2, Tyber, as modified by Cundiff, further teaches the system of claim 1, wherein a rotational motion of the coupling member transverse to a longitudinal axis of the anchor member translates the coupling member along the longitudinal direction of the anchor member (see para. 48).
As for claim 4, Tyber, as modified by Cundiff, further teaches the system of claim 1, wherein the anchor member further comprises a second ramp (sloped/tapered inner surface of 310 below 305, defined by 316 and 320, see fig. 3a, 3b above), the second ramp being disposed with an inner perimeter of a loop (see fig. 3a above and note that 310 has a loop defined by 316, 320) of the second end of the anchor member, wherein the ramp is also disposed within the inner perimeter of the loop opposite of the second ramp (see fig. 3a above).
As for claim 5, Tyber, as modified by Cundiff, further teaches the system of claim 4, wherein the second ramp is parallel to the ramp (see fig. 3a above).
As for claim 6, Tyber, as modified by Cundiff, further teaches the system of claim 4, wherein the ramp is oriented at a first angle (e.g., 303) with respect to a longitudinal direction (305) of the anchor member and the second ramp is oriented at a negative fraction of the first angle with respect to the longitudinal direction (see fig. 3a above).
As for claim 7, Tyber, as modified by Cundiff, further teaches the system of claim 1, wherein the second end of the anchor member comprises a loop (head 310, see fig. 3a), wherein the ramp is disposed within the loop (see fig. 3a), and wherein the coupling member couples to the ramp within an inner perimeter of the loop (see fig. 3a).
As for claim 8, Tyber, as modified by Cundiff, further teaches the system of claim 1, wherein the first end of the anchor member comprises a second coupling member (e.g., threads 324).
As for claim 9, Tyber, as modified by Cundiff, further teaches the system of claim 1, wherein the anchor member further comprises a hexagonal section (312) between the first end and the second end (see para. 49).
As for claim 10, Tyber, as modified by Cundiff, further teaches the system of claim 1, wherein the anchor member and the coupling member are titanium (Ti) (see para. 44).
With respect to claim 21, Tyber teaches a system (110, see fig. 5 above) for compressing a first bone to a second bone (see abstract and fig. 5 above), the system comprising: an anchor member (e.g., 140) comprising: a first end (304) configured to couple the anchor member to a first bone (see fig. 3b below); and a second end (302) comprising a ramp (sloped/tapered inner surface of 310 above 305, defined by 316 and 320, see fig. 3a, 3b above); and a coupling member (e.g., screw 130, see fig. 2) wherein the coupling member is configured to be disposed transversely to a length of a second bone (see fig. 5 above); and wherein a rotational motion of the coupling member transverse to a longitudinal axis of the anchor member translates the coupling member along the longitudinal axis (see para. 48).
Tyber does not teach the coupling member (130) comprising one or more threads to couple to the ramp.
Cundiff, also drawn to bone anchor and coupling member systems (see abstract and fig. 3a above), teaches a coupling member (100, see fig. 1) wherein the coupling member comprising one or more threads (122) to couple to a ramp (e.g., morse tapered surface between 218 and 220) of an anchor member (see para. 21, 26-32, 41-42) in order to provide a self-correction/aligning mechanism when the coupling member is inserted into the anchor member (see para. 48).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Tyber with the coupling member comprising one or more threads to couple to the ramp, in view of Cundiff, in order to provide a self-correction/aligning mechanism when the coupling member is inserted into the anchor member.
As for claim 22, Tyber, as modified by Cundiff, further teaches the system of claim 21, wherein the anchor member further comprises a second ramp (sloped/tapered inner surface of 310 below 305, defined by 316 and 320, see fig. 3a, 3b above), the second ramp being disposed with an inner perimeter of a loop (see fig. 3a above and note that 310 has a loop defined by 316, 320) of the second end of the anchor member, wherein the ramp is also disposed within the inner perimeter of the loop opposite of the second ramp (see fig. 3a above).
As for claim 23, Tyber, as modified by Cundiff, further teaches the system of claim 22, wherein the second ramp is parallel to the ramp (see fig. 3a above).
As for claim 24, Tyber, as modified by Cundiff, further teaches the system of claim 22, wherein the ramp is oriented at a first angle (e.g., 303) with respect to a longitudinal direction (305) of the anchor member and the second ramp is oriented at a negative fraction of the first angle with respect to the longitudinal direction (see fig. 3a above).
As for claim 25, Tyber, as modified by Cundiff, further teaches the system of claim 21, wherein the anchor member further comprises a hexagonal section (312) between the first end and the second end (see para. 49).
As for claim 26, Tyber, as modified by Cundiff, further teaches the system of claim 21, wherein the anchor member and the coupling member are titanium (Ti) (see para. 44).
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tyber (US 20110118739) and Cundiff (US 20190336189), as applied to claim 1 above, in view of Lauf (US 20170065424).
As for claim 3, while Tyber, as modified by Cundiff, teaches the system being used in a foot (see para. 3) and the angle (e.g., at 303) between the coupling member and anchor member can be anywhere from greater than ninety to less than one hundred and eighty degrees (see para. 48), Tyber, as modified by Cundiff, does not appear to teach wherein the first bone is a proximal phalanx of a toe and the second bone is an intermediate phalanx of the toe.
Lauf, also drawn to bone compression systems (see fig. 7-8) for a variety of bones (see abstract), teaches the use of an anchor member (12) and an angled coupling member (14a) wherein the first bone is a proximal phalanx of a toe and the second bone is an intermediate phalanx of the toe (see fig. 9) in order to provide fusion between two bones, particularly small bones of the foot, as is known in the orthopedic field (see para. 5-7).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Tyber, as modified by Cundiff, for use wherein the first bone is a proximal phalanx of a toe and the second bone is an intermediate phalanx of the toe, in view of Lauf, in order to provide fusion between two bones, particularly small bones of the foot, as is known in the orthopedic field.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-10 and 17-20 have been considered but are moot because the new ground of rejection is made to address the amendment to claims 1-10 and 17-20 (entered on 11/11/2025). Note that newly presented claims 21-26 (a combination of previous claim 1 and amendment claim 2) have been rejected in the same manner as claims 1-10 above.These rejections do not rely on a reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 Tara Carter whose telephone number is (571) 272-3402. The examiner can normally be reached on M-F 7am-3pm.
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/TARA ROSE E CARTER/ Examiner, Art Unit 3773
/EDUARDO C ROBERT/ Supervisory Patent Examiner, Art Unit 3773