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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 9-11, 17 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 9 recites the limitation "the first external thread". There is insufficient antecedent basis for this limitation in the claim. As best understood, claim 9 should properly depend from claim 8 which provides antecedence for this limitation.
Claim 10 recites the limitation "the head end". There is insufficient antecedent basis for this limitation in the claim. As best understood, claim 10 should properly depend from claim 8 which provides antecedence for this limitation.
Claim 11 recites the limitation "the head end". There is insufficient antecedent basis for this limitation in the claim. As best understood, claim 11 should properly depend from claim 8 which provides antecedence for this limitation.
Claim 17 recites the limitation "the target bow". There is insufficient antecedent basis for this limitation in the claim. As best understood, claim 17 should properly depend from claim 13 which provides antecedence for this limitation.
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, 4-7, 12-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by LeHuec et al. (US 2002/0147450), hereinafter “LeHuec”.
Regarding claim 1, LeHuec discloses a pubic symphysis bone plate (7|107|207) capable of the surgical treatment of damages, in particular fractures or breaks, of the pelvis in the region of the symphysis or the anterior pelvic ring, e.g. up to the acetabulum, preferably including non-displaced or suitably set or re-positioned acetabular fracture, said symphysis bone plate comprising - a plurality of through-openings (9, 10|109,110|209,210).
Regarding claim 2, LeHuec discloses the pubic symphysis bone plate according to claim 1, wherein at least one of the through-openings comprises at least two diameters (best seen in FIGS. 3b, 3c) different from each other and/or comprises a step within its inner lumen.
Regarding claim 4, LeHuec discloses the pubic symphysis bone plate according to claim 1, wherein an upper edge (topmost edge, FIG. 3a) comprises a middle section which extends higher in a caudal-cranial direction than sections (at 16, at 18) bounding it left and right (FIG. 3a).
Regarding claim 5, LeHuec discloses the pubic symphysis bone plate according to claim 1, comprising a recess (19|119) for receiving at least a part of the depth of a compression plate (32).
Regarding claim 6, LeHuec discloses the pubic symphysis bone plate according to claim 1, comprising at least one opening (229) with an internal thread for screwing in a compression screw (230).
Regarding claim 7, LeHuec discloses a set (FIG. 2) comprising - a pubic symphysis bone plate according to claim 1 (as outlined above); wherein the set further comprises - at least one cannulated screw or creeping screw (11, 12, 13), preferably made of titanium alloy, preferably anodized; and/or - at least one interlocking screw and/or - at least one target instrument (Claim 7 is written in alternative form where the material of the screw, the at least one interlocking screw, and the at least one target instrument are considered optional and not required).
Regarding claim 12, LeHuec discloses the set according to claim 7, wherein at least one of the interlocking screws comprises a head end and a free end lying opposite the head end, wherein the interlocking screw has a third external thread in the region of its head end and a fourth external thread in the region of its free end wherein the third external thread has a larger external diameter than the fourth external thread (the interlocking screw is considered optional – see rejection of claim 7 above).
Regarding claim 13, LeHuec discloses the set according to claim 7, wherein the target instrument comprises: - a target bow; and/or - a joystick; and/or - a guiding block (the target instrument is considered optional – see rejection of claim 7 above).
Regarding claim 14, LeHuec discloses the set according to claim 7, wherein the target instrument comprises: - a plate holder configured to be releasably connected to the pubic symphysis bone plate (the target instrument is considered optional – see rejection of claim 7 above).
Regarding claim 15, LeHuec discloses the set according to claim 14, wherein the plate holder comprises at least one through-opening for passing or advancing a K-wire therethrough (the target instrument is considered optional – see rejection of claim 7 above).
Regarding claim 16, LeHuec discloses the set according to claim 7, comprising a - compression plate (32|232); - compression screws (230) for screwing the compression plate against a surface of the pubic symphysis bone plate, preferably in the recess for receiving at least a part of the depth of a compression plate (FIG. 14a).
Regarding claim 17, LeHuec discloses the set according to claim 13, comprising a - positioning handle, in particular prepared for being releasably connected to the target bow (the target instrument is considered optional – see rejection of claim 7 above).
Regarding claim 18, LeHuec discloses the set according to claim 7, wherein the target instrument comprises a radiopaque marker and/or a connection point for connecting said target instrument to such a marker (the target instrument is considered optional – see rejection of claim 7 above).
Claim(s) 1, 3, 7-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Berry (US 2006/0276793).
Regarding claim 1, Berry discloses a pubic symphysis bone plate (512, FIGS. 5-7) capable of the surgical treatment of damages, in particular fractures or breaks, of the pelvis in the region of the symphysis or the anterior pelvic ring, e.g. up to the acetabulum, preferably including non-displaced or suitably set or re-positioned acetabular fracture, said symphysis bone plate comprising - a plurality of through-openings (524).
Regarding claim 3, Berry discloses the pubic symphysis bone plate according to claim 1, wherein at least one of the through-openings comprises an internal thread (526).
Regarding claim 7, Berry discloses a set (FIGS. 5-7) comprising - a pubic symphysis bone plate according to claim 1 (as outlined above); wherein the set further comprises - at least one cannulated screw or creeping screw (514), preferably made of titanium alloy, preferably anodized; and/or - at least one interlocking screw and/or - at least one target instrument (Claim 7 is written in alternative form where the material of the screw, the at least one interlocking screw, and the at least one target instrument are considered optional and not required).
Regarding claim 8, Berry discloses the set according to claim 7, wherein at least one of the creeping screws comprises a head end (516) and a free end (at 514, FIG. 5) lying opposite the head end, wherein the creeping screw has a first external thread (518) in the region of its head end and a second external thread (520) in the region of its free end, wherein the first external thread has a larger external diameter than the second external thread (FIG. 6).
Regarding claim 9, Berry discloses the set according to claim 8, wherein between the first external thread and the second external thread there is arranged the section that is thread-free (at neck, FIG. 6), at least on its outer side.
Regarding claim 10, Berry discloses the set according to claim 8, wherein the head end of the at least one creeping screw comprises a section with an outer diameter which is larger than the outer diameter of a section of the free end lying opposite the head end and/or larger than an outer diameter of the thread-free section (FIGS. 6-7).
Regarding claim 11, Berry discloses the set according to claim 8, wherein the head end of the at least one creeping screw comprises itself an external thread section (518) at its head.
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