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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 March 12, 2026 has been entered.
No claims were amended. Claims 3-4, 7, 12-13, 16, 18-20 were previously withdrawn. As such, claims 1-2, 6, 8-10, 14-15 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) 1-2, 6, 8-10, 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schoenly et al. (US 2012/0232599), hereinafter “Schoenly”.
Regarding claim 1, Schoenly discloses a device for insertion into bone (99d, FIGS. 4A-4C), comprising: a body (104) extending along a longitudinal axis (L) and including at least one broach (122); at least two cutting edges (118) extending along the body and defining at least one cutting face (106) therebetween, wherein the at least two cutting edges converge at an end of the body to form a point (116) in alignment with the longitudinal axis.
Regarding claim 2, Schoenly discloses the device of claim 1, wherein the at least one cutting face is planar (FIG. 4B).
Regarding claim 6, Schoenly discloses the device of claim 1, wherein the at least one broach has an outer surface that extends parallel to the longitudinal axis (FIG. 4A).
Regarding claim 8, Schoenly discloses the device of claim 6, wherein the at least one broach is at least partially interrupted by one of the at least one cutting face (FIG. 4B).
Regarding claim 9, Schoenly discloses the device of claim 6, wherein the at least one broach is fully interrupted by one of the at least one cutting face (FIG. 4B).
Regarding claim 10, Schoenly discloses an anchor (99d) for insertion into a bone, comprising: a body (108); a tip (104) coupled to the body and extending along a longitudinal axis, wherein the tip includes at least one broach (122); and at least two cutting edges (118) extending along the tip and defining at least one cutting face (106) therebetween, wherein the at least two cutting edges converge at an end of the tip to form a point (116) in alignment with the longitudinal axis.
Regarding claim 14, Schoenly discloses the anchor of claim 11, wherein the tip and the body are integrally formed (FIG. 4B).
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) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schoenly in view of Fiechter et al. (US 2011/0257689), hereinafter “Fiechter”.
Regarding claim 15, Schoenly discloses an anchor (99d) for insertion into a bone as set forth in the 35 U.S.C. 102(a)(1) rejection above, except wherein the tip is formed from a first material and the body is formed from a second material that is different than the first material. Fiecther teaches an anchor (2, FIG. 2) for insertion into a bone comprising: a body (3’); a tip (7) coupled to the body and extending along a longitudinal axis, wherein the tip is formed from a first material and the body is formed from a second material that is different than the first material (¶16). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, to combine the harder tip of Fiechter with the anchor of Schoenly, for the purpose of piercing the bone more easily. In this case, one would form the tip of Schoenly with a harder material than used in the body.
Response to Arguments
In response to Applicant's argument that Schoenly fails to disclose “at least one broach”, Examiner respectfully disagrees. Examiner previously defined “broach” as “an elongated, tapered, serrated cutting tool for shaping and enlarging holes” (Dictionary.com). Applicant agrees with this definition but argues that Schoenly does not disclose a “serrated cutting tool”. However, Applicant’s invention also fails to disclose serrations in the elected embodiment of Figures 1-3. Applicant further argues that the Schoenly invention is not intended “for use for shaping and enlarging hole”. Not only are the above limitations not stated in the claims and not implicitly required under broadest reasonable interpretation, it has also been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. The device of Schoenly meets the claim.
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
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