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 . This action is in response to the Request for Continued Examination received on December 29, 2025. Claims 1 and 21-39 are currently pending.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 December 29, 2025 has been entered.
Claim Objections
Claim 23 is objected to because of the following informalities: In line 3, “the body” should read “the body portion”. Appropriate correction is required.
Claim 34 is objected to because of the following informalities: In line 22, “the body” should read “the body portion”. Appropriate correction is required.
Claim 34 is objected to because of the following informalities: In line 25, “a thickness” should read “the thickness”. Appropriate correction is required.
Claim 39 is objected to because of the following informalities: In line 25, “a thickness” should read “the thickness”. Appropriate correction is required.
Claim 39 is objected to because of the following informalities: In line 29, “a thickness” should read “the thickness”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1 and 21-39 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Regarding claim 1, the specification fails to disclose wherein the first and second sides extend between the top and bottom surfaces and define a thickness of the implant. Regarding claim 21, the specification fails to disclose wherein the thickness of the plate varies between the proximal-most point of the proximal portion and the distal-most point of the distal portion. It is unknown what the proximal and distal most points are located. Regarding claim 22, the specification fails to disclose wherein the body portion comprises a greater thickness than the proximal portion of the distal portion”. Regarding claim 24, the specification fails to disclose wherein the thickness of the body is greater than the thickness of the posterior portion of the implant”. Regarding claim 25, the specification fails to disclose a change in elevation between the proximal portion and the body portion”. There is no mention of elevation in the specification, to determine how’s it referenced in the claims. Regarding claim 26, the specification fails a change in elevation between the body portion and the distal portion. There is no mention of elevation in the specification, to determine how’s it referenced in the claims. Regarding claim 27, the specification fails to disclose wherein the top surface of the implant is substantially level between the proximal portion and the body portion.
Regarding claim 28, the specification fails to disclose wherein the top surface of the implant comprises a curve that changes an elevation between the body portion and the distal portion. Regarding claim 29, the specification fails to disclose wherein the body portion comprises: a curvature as it extends between the proximal portion and the distal portion. Regarding claim 30, the specification fails to disclose wherein the curvature extends in a medial direction. Regarding claim 31, the specification fails to disclose wherein the bottom surface of the implant extending along the body portion of the implant is the medial-most aspect of the implant. It is unclear where the medial most aspect of the implant is located. Regarding claim 32, the specification fails to disclose wherein the first and second alignment guides couple to the bottom surface side of the implant. Regarding claim 34, a thickness greater than that of the proximal and distal portions of the implant. Regarding claim 35, the specification fails to disclose a curvature, wherein the curvature comprises the bottom surface extending in a direction opposite that of the top surface along a curved path. Regarding claim 36, the specification fails to disclose a curvature wherein the top surface does not comprise a change in elevation between the proximal portion of the implant. Regarding claim claim 39, the specification fails wherein the first and second sides extend between the top and bottom surfaces and define a thickness of the implant” and “…wherein the body portion of the implant comprises a thickness greater than that of the proximal and distal portions of the implant.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter: The closest prior art Jeng et al. (US 2016/0354128) fails to disclose a first alignment guide comprises: an alignment pin extending away from a bottom portion of the first alignment guide and removably couplable with a first alignment opening of the implant; and a first engagement member of a first fixation member extending through a portion of the first alignment guide and removably couplable with a first engagement opening of the implant and, wherein the second alignment guide comprises: an alignment pin extending away from a bottom portion of the second alignment guide and removably couplable with a second alignment opening of the implant; and a second engagement member of a second fixation member extending through a portion of the second alignment guide and removably couplable with a second engagement opening of the implant.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/Diana Jones/Examiner, Art Unit 3775
/KEVIN T TRUONG/Supervisory Patent Examiner, Art Unit 3775