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.
Claims 1, 4, 6-11, 13-15, 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tadic (US 2018/0036127).
Tadic shows a dental bone grafting device (Fig. 3, 7-8) comprising a mesh (“mesh-like area 7”), comprising a framework fabricated of a material selected from the group consisting of magnesium metal and a magnesium-based metal alloy ([0068]); and a geometric design formed within the framework (entirety of Fig. 3) comprising a plurality of design features, comprising: two or more fixation point openings (5) each having a corresponding fixation connecting feature corresponding thereto, positioned on a periphery of the framework (body of framework surrounding each 5 at the periphery); and one or more non-fixation point openings (perforations in mesh-like 7; [0074]) each having a corresponding non-fixation connecting feature corresponding thereto, positioned interior to the periphery of the framework (body of framework surrounding each perforation of 7 interior from the periphery), wherein each of the corresponding fixation connecting feature and the corresponding non-fixation connecting feature surrounds and/or connects each of the two or more fixation point openings and the one or more non-fixation point openings, respectively (as seen in Fig. 3), wherein each of the two or more fixation openings and the one or more non-fixation openings, and the corresponding fixation connecting feature and the corresponding non-fixation connecting feature corresponding thereto, respectively, has a corresponding size (each part has a size thereof in 3d space), and wherein each of the corresponding fixation connecting feature has a larger size and a slower corrosion or absorption as compared to the surface area and the corrosion or absorption of each of the corresponding non-fixation connecting feature of the mesh ([0041] and [0051] in particular discuss the implant to be dissolved/bioresorbed and therefore would be of a size to provide such; the smaller size perforations of the interior perforations near 7 in Fig. 3 would lead to faster absorption due to smaller sizes), and wherein the size is selected from surface area, width, and thickness (the features have each of these since they occupy three dimensional space; at least the width and surface area are smaller around perforations interior of the periphery). With respect to claim 4, wherein the surface area of the corresponding fixation connecting feature of the two or more fixation point openings is greater than the surface area of the corresponding non-fixation connecting feature of the non-fixation point openings (as seen in Fig. 3, area around 5 is greater than area around each of the perforations of 7). With respect to claim 6, wherein the two or more fixation point openings are structured to receive a fastening device ([0073]). With respect to claim 7, wherein the fastening device is selected from the group consisting of a bolt and screw (while the fastening device is not positively recited as part of the device, [0073]). With respect to claim 8, wherein the magnesium-based metal alloy, comprises from about 0.85 to about 1.4 weight percent zinc, from about 0.2 to about 0.5 weight percent calcium, from about 0.2 to about 0.5 weight percent manganese, and a balance of magnesium based on a total weight percent of the magnesium- based alloy ([0032] shows the overlap of ranges and in regards to manganese, 0.6 is considered “about 0.5”). With respect to claim 9, wherein the framework is a magnesium foil (Fig. 3, where foil is considered a sheet of magnesium as seen). With respect to claim 10, wherein the magnesium foil has a thickness from about 0.15 mm to about 0.55 mm or a thickness of about 0.35 mm ([0018] 50 and 300 μm is equivalent to 0.05 mm to 0.3 mm, where 0.3 mm is considered “about 0.35 mm”; it is also noted that [0090] states “at least 50 μm”, with an open upper limit, in order to prevent decomposing in too short of a time). With respect to claim 13, wherein the size of the corresponding fixation connecting feature of the two or more fixation point openings is greater at the interface of the fastening device and the magnesium framework as compared to another portion of the two or more fixation point openings (as seen in Fig. 3, particularly the larger portions extending toward the center of the implant away from the opening compared to the smaller portions extending to the perimeter). With respect to claim 14, wherein there are at least two different sizes of the corresponding fixation connecting feature and/or the corresponding non- fixation connecting feature to promote a progressive and/or staged corrosion and/or absorption profile (“two different sizes of the corresponding fixation connecting feature and the corresponding non-fixation connecting feature”: fixation connecting feature surrounding opening 5 is larger size than that of perforations of 7). With respect to claim 15, wherein the device comprises more than two fixation point openings (as sen in Fig. 3).
Apparatus claim 17 is rejected similarly to the above since it is simply a broader version of claim 1, particularly with regards to dental use and therefore of a size that could be used for such.
Response to Arguments
Applicant's arguments filed have been fully considered but they are not persuasive.
Applicant argues the newly amended claim language and that Tadic only shows perforations 7 along the periphery, however mesh-like area 7 has many perforations, some along the periphery, but many other towards the interior/middle of Fig. 3). It is these perforations that are being cited in the rejection above. Therefore the periphery around 5 in Fig. 3 will exhibit slower corrosion than the connecting features around individual perforations 7 interior and away from the periphery.
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 MATTHEW NELSON whose telephone number is (571)270-5898. The examiner can normally be reached on Monday-Friday 7:30am-5:00pm EDT.
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Eric Rosen, at (571) 270-7855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW M NELSON/Primary Examiner, Art Unit 3772
