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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 February 26, 2026 has been entered.
Status of the Claims
This Office Action is responsive to the amendment filed February 19, 2026. As directed by the amendment: Claims 1, 2, 5, 6, 11, 13, 17, and 18 have been amended. Claims 19 and 20 have been cancelled. Claims 1-18 are presently pending in this application.
Examiner’s Note
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.
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) 1-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Courtney, Jr. et al. (US 2020/0237418), herein referred to as Courtney, Jr., and in view of Franklin (US 2024/0335217).
Regarding claim 1, Courtney, Jr. discloses a bone plate (100) for securing a fractured bone (element “F”, see figure 2), the bone plate (100) comprising a shaft portion (116) (figure 2), and a head portion (118) extending from the shaft portion (116) along a longitudinal axis (159) of the bone plate (100) (figure 2A) and including a plurality of holes (elements 134) comprising a first pair of screw holes (see figure 2A below) including a first hole (see figure 2A below) and a second hole (see figure 2A below), a second pair of screw holes (see figure 2A below) including a third hole (see figure 2A below) and a fourth hole (see figure 2A below), and a third pair of screw holes (see figure 2A below) including a fifth hole (see figure 2A below) and a sixth hole (see figure 2A below), wherein the second pair of screw holes (see figure 2A below) is between the first and third pairs of screw holes (see figure 2A below).
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Yet, Courtney, Jr. lacks the first pair of screw holes including the first hole and the second hole having central axes that converge towards each other, the second pair of screw holes including the third hole and the fourth hole having central axes that are substantially parallel to each other, and the third pair of screw holes including the fifth hole and the sixth hole having central axes that converge towards each other.
However, Courtney, Jr. discloses that a wide variety of designs and approaches are possible (¶147). Furthermore, Franklin teaches various types of screws may be used with various shapes and types of screw holes (elements 114) (¶40, ¶42, and figure 1). Franklin teaches angle-stable screws may be parallel, non-parallel (e.g. divergent or convergent) (¶42).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Courtney, Jr.’s bone plate with the first pair of screw holes including the first hole and the second hole having central axes that converge towards each other, the second pair of screw holes including the third hole and the fourth hole having central axes that are substantially parallel to each other, and the third pair of screw holes including the fifth hole and the sixth hole having central axes that converge towards each other, since such a modification is considered a design choice within the level of ordinary skill in the art.
Regarding claim 2, the modified Courtney, Jr.’s bone plate has wherein the first pair of screw holes (see figure 2A of Courtney, Jr. above) are positioned between a tip of the head portion (118 of Courtney, Jr.) and the second pair of screw holes (see figure 2A of Courtney, Jr. above).
Regarding claim 3, the modified Courtney, Jr.’s bone plate has wherein the second pair of screw holes (see figure 2A of Courtney, Jr. above) are positioned between the first pair of screw holes (see figure 2A of Courtney, Jr. above) and the shaft portion (116 of Courtney, Jr.).
Regarding claim 4, the modified Courtney, Jr.’s bone plate has wherein the third pair of screw holes (see figure 2A of Courtney, Jr. above) are positioned between the second pair of screw holes (see figure 2A of Courtney, Jr. above) and the shaft portion (116 of Courtney, Jr.).
Regarding claim 5, the modified Courtney, Jr.’s bone plate has further comprising a fourth pair of screw holes (see figure 2A of Courtney, Jr. above) including a seventh hole (see figure 2A of Courtney, Jr. above) and an eighth hole (see figure 2A of Courtney, Jr. above), wherein the fourth pair of screw holes (see figure 2A of Courtney, Jr. above) are positioned between the third pair of screw holes (see figure 2A of Courtney, Jr. above) and the shaft portion (116 of Courtney, Jr.). Yet, the modified Courtney, Jr.’s bone plate lacks the seventh and eighth holes having central axes angled towards a most proximal end of the head portion.
However, Courtney, Jr. discloses that a wide variety of designs and approaches are possible (¶147). Furthermore, Franklin teaches various types of screws may be used with various shapes and types of screw holes (elements 114) (¶40, ¶42, and figure 1). Franklin teaches angle-stable screws may be parallel, non-parallel (e.g. divergent or convergent) (¶42).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified Courtney, Jr.’s bone plate with the seventh and eighth holes having central axes angled towards a most proximal end of the head portion, since such a modification is considered a design choice within the level of ordinary skill in the art.
Regarding claim 6, the modified Courtney, Jr.’s bone plate has wherein the fourth pair of screw holes (see figure 2A of Courtney, Jr. above) are configured to (i.e. capable of) align with a calcar region of bone (element “MC” of Courtney, Jr.).
Regarding claim 7, the modified Courtney, Jr.’s bone plate has wherein the entire head portion (118 of Courtney, Jr.) is wider than the shaft portion (116 of Courtney, Jr.) in a direction perpendicular to the longitudinal axis (159 of Courtney, Jr,) along an upper surface of the plate (see figure 2A of Courtney, Jr. above).
Regarding claim 8, the modified Courtney, Jr.’s bone plate has further comprising threads (¶86 and figure 2A of Courtney, Jr.) within at least one hole of the plurality of holes (elements 134 of Courtney, Jr.), the threads (¶86 and figure 2A of Courtney, Jr.) configured to (i.e. capable of) engage a head of a bone screw (figure 2 of Courtney, Jr.).
Regarding claim 9, the modified Courtney, Jr.’s bone plate has wherein the threads (¶86 and figure 2A of Courtney, Jr.) extend only partially through the at least one hole (figure 2A of Courtney, Jr.).
Regarding claim 10, the modified Courtney, Jr.’s bone plate has wherein the plurality of screw holes (elements 134 of Courtney, Jr.) further includes a ninth hole (see figure 2A of Courtney, Jr. above) disposed between the first and second holes (see figure 2A of Courtney, Jr. above).
Regarding claim 11, the modified Courtney, Jr.’s bone plate has wherein the plurality of screw holes (elements 134 of Courtney, Jr.) further includes a tenth hole (see figure 2A of Courtney, Jr. above) disposed adjacent and forming a triangle (see figure 2A of Courtney, Jr. above) with the seventh and eighth holes (see figure 2A of Courtney, Jr. above).
Regarding claim 12, the modified Courtney, Jr.’s bone plate discloses all the features/elements as claimed but lacks wherein the tenth hole converges toward the seventh and eighth holes beneath a lower surface of the bone plate.
However, Courtney, Jr. discloses that a wide variety of designs and approaches are possible (¶147). Furthermore, Franklin teaches various types of screws may be used with various shapes and types of screw holes (elements 114) (¶40, ¶42, and figure 1). Franklin teaches angle-stable screws may be parallel, non-parallel (e.g. divergent or convergent) (¶42).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified Courtney, Jr.’s bone plate with wherein the tenth hole converges toward the seventh and eighth holes beneath a lower surface of the bone plate, since such a modification is considered a design choice within the level of ordinary skill in the art.
Regarding claim 13, the modified Courtney, Jr.’s bone plate has wherein at least one of the first or third pairs of screws holes (see figure 2A of Courtney, Jr. above) are disposed on opposite sides of the longitudinal axis of the bone plate (see figure 2A of Courtney, Jr. above).
Regarding claim 14, the modified Courtney, Jr.’s bone plate discloses all the features/elements as claimed but lacks wherein the first and second holes are asymmetrically disposed on the opposite sides of the longitudinal axis.
However, Franklin teaches in first and second holes (404a, 404b) are asymmetrically disposed (¶51 and figure 4) on the opposite sides of a longitudinal axis (figure 4).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified Courtney, Jr.’s bone plate with wherein the first and second holes are asymmetrically disposed on the opposite sides of the longitudinal axis as taught by Franklin, since asymmetric placement of the holes may facilitate positioning of the plate without any of the holes being positioned directly over the fracture (¶51).
Regarding claim 15, the modified Courtney, Jr.’s bone plate has wherein at least one hole of the plurality of holes (elements 134 of Courtney, Jr.) includes a plurality of spaced apart scalloped regions (see figure 2A of Courtney, Jr. above).
Regarding claim 16, the modified Courtney, Jr.’s bone plate has wherein the third and fourth central hole axes (the modified Courtney, Jr.’s third and fourth central hole axes) do not converge beneath a lower surface (112 of Courtney, Jr.) of the bone plate (the modified Courtney, Jr.’s bone plate).
Regarding claim 17, the modified Courtney, Jr.’s bone plate has wherein the seventh and eighth central hole axes (the modified Courtney, Jr.’s seventh and eighth central hole axes) do not converge beneath a lower surface (112 of Courtney, Jr.) of the bone plate (the modified Courtney, Jr.’s bone plate).
Regarding claim 18, Courtney, Jr. discloses a bone plate (100) for securing a fractured bone (element “F”, see figure 2), the bone plate (100) comprising a shaft portion (116) (figure 2), and a head portion (118) extending from the shaft portion (116) along a longitudinal axis (159) of the bone plate (100) (figure 2A) and including a plurality of holes (elements 134) comprising a first pair of screw holes (see figure 2A above) including a first hole (see figure 2A above) and a second hole (see figure 2A above), a second pair of screw holes (see figure 2A above) including a third hole (see figure 2A above) and a fourth hole (see figure 2A above), and a third pair of screw holes (see figure 2A above) including a fifth hole (see figure 2A above) and a sixth hole (see figure 2A above), wherein the second pair of screw holes (see figure 2A above) is between the first and third pairs of screw holes (see figure 2A above), wherein the bone plate (100) is configured to (i.e. capable of) be secured to a humerus head (element “H”) (¶58 and figure 2), and wherein the pairs of screw holes (see figure 2A above) are aligned so that a bottom of each pair of screw holes (figures 2 and 7) is at a different height respective to the longitudinal axis (e.g. curvature of the plate, see figure 7) so that the plurality of holes (elements 134) are configured to (i.e. capable of) receive screws (the Examiner notes that the screws have not been positively claimed) at differing heights along at least a portion of the humerus head.
Yet, Courtney, Jr. lacks the first pair of screw holes including the first hole and the second hole having central axes that converge towards each other; the second pair of screw holes including the third hole and the fourth hole having central axes that are substantially parallel to each other, and the third pair of screw holes including the fifth hole and the sixth hole having central axes that converge towards each other.
However, Courtney, Jr. discloses that a wide variety of designs and approaches are possible (¶147). Furthermore, Franklin teaches various types of screws may be used with various shapes and types of screw holes (elements 114) (¶40, ¶42, and figure 1). Franklin teaches angle-stable screws may be parallel, non-parallel (e.g. divergent or convergent) (¶42).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Courtney, Jr.’s bone plate with the first pair of screw holes including the first hole and the second hole having central axes that converge towards each other; the second pair of screw holes including the third hole and the fourth hole having central axes that are substantially parallel to each other, and the third pair of screw holes including the fifth hole and the sixth hole having central axes that converge towards each other, since such a modification is considered a design choice within the level of ordinary skill in the art.
Response to Arguments
Applicant's arguments filed February 19, 2026 have been fully considered but they are not persuasive.
Applicant’s arguments on pages 7-10, under 35 U.S.C. 102(a)(1) and 35 U.S.C. 103, of the Remarks are directed to the amended claims 1 and 18. Thus, the Examiner has relied upon the combination of references (Courtney, Jr. in view of Franklin) to teach applicant’s amended claims.
Applicant’s arguments with respect to the reference Langdale has been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
The Examiner notes that applicant’s specification [0048]-[0049] states “It is to be understood that the disclosure set forth herein includes any possible combinations of the particular features set forth above, whether specifically disclosed herein or not. For example, where a particular feature is disclosed in the context of a particular aspect, arrangement, configuration, or arrangement, that feature can also be used, to the extent possible, in combination with and/or in the context of other particular aspects, arrangements, configurations, and arrangements of the technology, and in the technology generally” and “It is therefore to be understood that numerous modifications, including changes in the sizes of the various features described herein, may be made to the illustrative arrangements and that other arrangements may be devised without departing from the spirit and scope of the present technology”. It appears there is no criticality to the combination of screw holes. Applicant is suggested to use the transitional phrase “consisting of”.
Conclusion
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/SI MING KU/Primary Examiner, Art Unit 3775