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 .
Election/Restrictions
Applicant’s election without traverse of Group I in the reply filed on 3/30/2026 is acknowledged. Claims 8-15 are withdrawn from prosecution directed to non-elected Group II.
Claim Rejections - 35 USC § 102
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.
Claims 16-17 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Blacklidge et al (11,045,305).
Blacklidge et al teaches an implant for plantar plate repair (see at least the Background and Summary in the specification) comprising:
referring to at least column 21, lines 38-52, the female shaft 248 may be configured as a male component which is not shown. Therefore, the female component is 218, comprising an open barrel 240 having an outer surface and an inner surface (inherent); a female flange cap 216 at one end of the open barrel; and a recessed tiedown bar (depicted, between openings 28 set back from the outer end); and
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a male component (248 inherently reversed from at least the teaching above), the male component comprising: an open barrel portion 240 having an outer surface; and a male flange cap 246 at another end of the open barrel portion.
Claim 17, wherein the female component further comprises threaded female interlocking features (shown above) formed into at least a portion of the inner surface of the female component.
Allowable Subject Matter
Claims 1-7 are allowed.
Claims 18-20 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.
The following is an examiner’s statement of reasons for allowance: Regarding both claims 1 and 18, Blacklidge et al is considered to be the closes prior art of record teaching an implant for plantar plate repair comprising all limitations as interpreted in the rejection under 35 U.S.C. 102(a)(2) above. However, Blacklidge et al fails to teach wherein the male component further comprises a pair of fingers, the pair of fingers comprising male interlocking features formed into outer surfaces of the pair of fingers.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Poulos et al (2024/0207041) – PG publication of this application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRUCE EDWARD SNOW whose telephone number is (571)272-4759. The examiner can normally be reached 7:30 am - 5:00 pm Monday through Thursday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Melanie Tyson can be reached at 5712729062. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRUCE E SNOW/Primary Examiner, Art Unit 3774
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