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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 10 June 2026 has been entered.
Response to Amendment
This Office Action is responsive to the amendment filed on 10 June 2026. As directed by the amendment: claims 1, 4-6, 13, and 19 have been amended, and claims 3, 7-9, 11, 12, and 15 stand withdrawn. Claims 1-20 currently stand pending in the application.
The amendments to the claims are sufficient to overcome the claim objections listed in the previous action, which are accordingly withdrawn. Further claim objections as necessitated by the claim amendments are presented below.
The amendments to the claims are not sufficient to overcome the rejections under 35 U.S.C. 112(b) listed in the previous action, which repeated below in relevant part, in addition to further rejections under 35 U.S.C. 112(b) as necessitated by the claim amendments.
The amendments to the claims are sufficient to overcome the rejections under 35 U.S.C. 112(d) listed in the previous action, which are accordingly withdrawn.
Response to Arguments
Applicant's arguments with respect to the rejections under 35 U.S.C. 102 as anticipated by Detweiler ‘061 (US 11,364,061) or Lemoine (US 2009/0312801), and under 35 U.S.C. 103 as unpatentable over Lemoine in view of Steffensmeier (US 2022/0125492), have 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.
Applicant's arguments with respect to the rejections under 35 U.S.C. 102 as anticipated by Detweiler ‘111 (US 2022/0370111) have been fully considered but they are not persuasive. Applicant contends that Detweiler ‘111 neither teaches nor suggests the limitations relating to “a biasing force…that is directed inwardly against opposed recesses of the bone plate.” Applicant contends that the mating features 18 of Detweiler ‘111 cannot satisfy the requirement relating to opposed recesses, because claim 1 makes it clear that the opposed recesses are formed by opposed exterior side surfaces that extend between adjacent ones of the plate holes. Examiner respectfully submits that the opposed exterior side surfaces in Detweiler ‘111 each includes the respective entire longitudinal side surface extending down one longitudinal side of the plate body. At some portions of the entire longitudinal side surface, the surface extends between adjacent plate holes. At some portions of the entire longitudinal side surface, the surface is inwardly recessed to form opposed recesses 18. The biasing force is thus directed inwardly against the opposed recesses 18 when the engagement members couple to and clamp against the recesses.
Claim Objections
Claims 1, 2, 4-6, 10, 13, 14, and 16-20 are objected to because of the following informalities: improper antecedence. Appropriate correction is required. The following amendments are suggested:
In claim 1 / line 14: “inwardly against the opposed recesses [[of]] in the body”
In claim 1 / line 15: “against the opposed recesses [[of]] in the plate body,”
In claim 13 / lines 10-11: “via the pair of opposed engagement members”
In claim 13 / line 13: “a central hole axis of one of the at least”
In claim 17 / lines 1-2, 5, and 5-6: “the pair of opposed engagement members”
In claim 18 / line 2: “the pair of opposed engagement members”
In claim 18 / lines 2-3: “the pair of opposed engagement members”
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 13, 14, and 16-20 are rejected under 35 U.S.C. 112(a) 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.
As to claim 13, the limitation “the pair of spring relief slots being configured to yield lateral biasing forces” is not supported by the specification as originally filed. The specification recites that the spring member 74 provides an inward bias force, not the slot 75 which is negative space and cannot exert force.
As to claim 19, the limitation that the two additional engagement members are configured to extend alongside and couple with another two side surfaces of the body is not supported by the specification as originally filed. The specification recites that the engagement members are part of the guide body, and do not extend alongside and couple with side surfaces of the body. Rather, the engagement members extend alongside and couple with side surfaces of the bone plate.
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 4-6, 13, 14, and 16-20 are rejected under 35 U.S.C. 112(b) 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.
As to claim 4, the limitation “the coupling mechanism comprises at least two engagement members” (line 5) renders the claims indefinite, because it is unclear if the at least two engagement members refers back to the previously recited pair of engagement members (claim 1 / line 11) or to a different at least two engagement members. For examination purposes, the limitation will be interpreted as “the pair of engagement members pair of engagement members”
Further as to claim 4, the limitation “or other opposed recesses” (line 6) renders the claims indefinite, because it is unclear if this refers to the other opposed recesses previously recited in claim 4 / line 3, or to other opposed recesses. For examination purposes, the limitation will be interpreted as “or the other opposed recesses”.
As to claim 5, the limitation “wherein each one of the first pair of opposed recesses and the other opposed recesses are opposed exterior side surfaces of the plate body” renders the claims indefinite, because it is unclear if this means that the recesses are the side surfaces, and it is unclear if this refers back to the previously recited opposed exterior side surfaces (claim 1 / lines 4-5) or are different opposed exterior side surfaces. For examination purposes, the limitation will be interpreted as “wherein each one of the first pair of opposed recesses and the other opposed recesses are on the opposed exterior side surfaces of the plate body.”
As to claim 13, the limitation “the opposed second sidewalls including a pair of opposed engagement members” (lines 8-9) renders the claims indefinite because it is unclear if this is included in the previously recited coupling mechanism (claim 13 / line 4) or not. For examination purposes, the limitation will be interpreted as the coupling mechanism comprises a pair of opposed engagement members.
Further as to claim 13, the limitation “the pair of spring relief slots” (line 10) renders the claims indefinite because it lacks proper antecedent basis in the claims. For examination purposes, the limitation will be interpreted as “the spring relief slots”.
Further as to claim 13, the limitation “the at least one fastener hole” (line 13) renders the claims indefinite because it lacks proper antecedent basis in the claims. For examination purposes, the limitation will be interpreted as “the at least two fastener holes”.
As to claim 16, the limitation “a pair of engagement members” renders the claims indefinite because it is unclear if this refers back to the pair of opposed engagement members previously recited in claim 13 / line 9, or to a different pair of engagement members. For examination purposes, the limitation will be interpreted as “the opposed engagement members
As to claim 18, it is unclear how there is a spring member that biases the pair of engagement members, in addition to spring relief slots that yield lateral biasing forces via the engagement members (claim 13), or if the spring member and spring relief slots perform the same biasing. For examination purposes, the limitation will be interpreted as the spring member configured to bias the engagement members, and not the spring relief slots (see Rejection under 35 USC 112(a) above).
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.
(a)(2) the claimed invention was described in a patent issued 4under 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 1, 2, and 4-6 are rejected under 35 U.S.C. 102(a)(1)/(2) as anticipated by U.S. Patent Application Publication No. US 2022/0370111 to Detweiler et al. (hereinafter, “Detweiler ‘111).
As to claim 1, Detweiler ‘111 discloses a bone plating assembly for bone fixation, FIGS. 4-5, comprising: a bone plate (14) having a plate body that has an outer surface and a bone-facing surface opposite the outer surface, FIG. 4, the plate body defining a plurality of plate holes (16) that each extends from the outer surface to the bone-facing surface along a respective central hole axis (par. [0037]), wherein the plate body includes opposed exterior side surfaces (each side surface includes the entire longitudinal side surface extending down one longitudinal side of the plate body, with the two side surfaces opposed to each other) that extend between adjacent ones of the plurality of plate holes and are inwardly recessed to form opposed recesses (pair of 18s) in the plate body (because the opposed exterior side surfaces include the entire longitudinal side surfaces, at some portions they extend between adjacent plate holes and at some portions they are inwardly recessed at 18s) (par. [0038]), FIGS. 4-5; and a guide body (40) having a proximal end and a distal end spaced from each other along a direction, the distal end having a coupling mechanism (44) that is configured to couple to the bone plate at an orientation of the guide body, FIGS. 4-5, the guide body defining at least one channel (48) that extends along a central channel axis and is configured to receive at least one respective bone fastener (12) therein in a pre-loaded position, wherein the coupling mechanism comprises a pair of engagement members (44) that are configured to extend alongside the opposed exterior side surfaces of the plate body (the engagement members extend alongside portions of the opposed exterior side surfaces), and the guide body comprises a spring member (portion connecting 44 to a rest of body 40) configured to apply a biasing force to the pair of engagement members that is directed inwardly against the opposed recesses of the bone plate and that maintains coupling of the pair of engagement members against the opposed recesses of the plate body (par. [0038]), wherein the guide body is configured such that the central channel axis is substantially coaxial with one of the central hole axes when the guide body is coupled to the bone plate at the orientation, FIG. 5, and wherein the guide body includes a retention mechanism (46) within the at least one channel (described with respect to mechanism 30 in another embodiment, par. [0035]), the retention mechanism configured to apply a retention force to the at least one respective bone fastener that retains the at least one respective bone fastener within the at least one channel in the pre-loaded position (par. [0035]).
As to claim 2, Detweiler ‘111 discloses the bone plating assembly of claim 1, wherein the retention mechanism comprises a flexible tab (46) defined by a cutout portion of the guide body, FIG. 4, the flexible tab being biased inward toward the central channel axis (described with respect to mechanism 30 in another embodiment, par. [0035]) such that an interior surface of the flexible tab is configured to contact a head of the at least one respective bone fastener (interpreted as language of intended use) to thereby apply the retention force thereto in the pre-loaded position.
As to claim 4, Detweiler ‘111 discloses the bone plating assembly of claim 1, wherein: the opposed recesses in the plate body are a first pair of opposed recesses, and the plate body includes other opposed recesses (another pair of 18s) extending between the outer surface and the bone-facing surface; and the coupling mechanism comprises at least two engagement members (44) that are configured to extend alongside and couple with the first pair of opposed recesses or other opposed recesses with a coupling force that couples the plate body with the guide body at least against the force of gravity, FIG. 5.
As to claim 5, Detweiler ‘111 discloses the bone plating assembly of claim 4, wherein each one of the first pair of opposed recesses and the other opposed recesses are opposed exterior side surfaces of the plate body, FIG. 5.
As to claim 6, Detweiler ‘111 discloses the bone plating assembly of claim 5, wherein the spring member (portion connecting 44 to a rest of body 40) is configured to bias the at least two engagement members toward each other and toward the respective opposed exterior side surfaces of the plate body (par. [0038]).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Detweiler ‘111, in view of U.S. Patent No. US 11,364,061 to Detweiler et al. (hereinafter, “Detweiler ‘061”).
Detweiler ‘111 is silent as to further comprising a handle that is repeatedly attachable to and detachable from the guide body, the handle extending from a free end to an attachment end, the attachment end having a mounting structure configured to attach to and detach from a complementary mounting formation defined along a side of the guide body, the side extending between the proximal and distal ends along the direction.
As to claim 1, Detweiler ‘061 discloses a bone plating assembly for bone fixation, comprising: a bone plate (800) having a plate body that has an outer surface and a bone-facing surface opposite the outer surface, FIGS. 31-33, the plate body defining a plurality of plate holes (804) that each extends from the outer surface to the bone-facing surface along a respective central hole axis, wherein the plate body includes opposed exterior side surfaces (each side surface includes the entire longitudinal side surface extending down one longitudinal side of the plate body, with the two side surfaces opposed to each other) that extend between adjacent ones of the plurality of plate holes and are inwardly recessed to form opposed recesses in the plate body (portions of each side surface extend between adjacent ones of the plate holes and are inwardly recessed to form opposed recesses); and a guide body (702) having a proximal end and a distal end spaced from each other along a direction, FIG. 27, the distal end having a coupling mechanism (720) that is configured to couple to the bone plate at an orientation of the guide body (col. 11 / lines 52-63), FIGS. 27 and 31-33, the guide body defining at least one channel (712) that extends along a central channel axis and is configured to receive at least one respective bone fastener (806) therein in a pre-loaded position (col. 12 / line 40 – col. 13 / line 4), FIGS. 27 and 33, wherein the coupling mechanism comprises a pair of engagement members (720s on either side of one channel 712) that are configured to extend alongside the opposed exterior side surfaces of the plate body (the engagement members extend alongside portions of the opposed exterior side surfaces), FIG. 32B, and the guide body comprises a spring member (portion connecting 720 to body 710) configured to apply a biasing force to the pair of engagement members that maintains coupling of the pair of engagement members against the opposed recesses of the plate body (col. 12 / line 64 – col. 13 / line 2), wherein the guide body is configured such that the central channel axis is substantially coaxial with one of the central hole axes when the guide body is coupled to the bone plate at the orientation, and wherein the guide body includes a retention mechanism (714) within the at least one channel, FIG. 27, the retention mechanism configured to apply a retention force to the at least one respective bone fastener that retains the at least one respective bone fastener within the at least one channel in the pre-loaded position (col. 12 / line 40 – col. 13 / line 4), FIGS. 27 and 33.
As to claim 10, Detweiler ‘061 discloses the bone plating assembly of claim 1, further comprising a handle (704) that is repeatedly attachable to and detachable from the guide body (col. 12 / lines 3-6), FIGS. 27 and 29, the handle extending from a free end to an attachment end, FIG. 27, the attachment end having a mounting structure configured to attach to and detach from a complementary mounting formation (724) defined along a side of the guide body, the side extending between the proximal and distal ends along the direction, FIG. 27.
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide Detweiler ‘111 with a handle that is repeatedly attachable to and detachable from a side of the guide body, as taught by Detweiler ‘061, so that the guide body can be more easily held and manipulated into place with respect to the bone plate and the bone, by guiding the guide body into position to couple with the bone plate and/or guiding the guide body with the bone plate attached into position onto the bone. The handle can be removed for cleaning or during the operation to increase visibility of the working site. The guide body would be provided with a complementary hole or mounting formation to receive the handle, as taught by Detweiler ‘061.
Claim 13, 14, and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Lemoine in view of U.S. Patent No. US 10,905,443 to Whitaker et al. (hereinafter, “Whitaker”), in view of Detweiler ‘111.
As to claim 13, Whitaker discloses a screw guide (1016), FIGS. 26-27, for connecting to a bone plate having at least two fastener holes (interpreted as language of intended use without positive recitation of a bone plate; the screw guide is fully capable of connecting to a bone plate having 4 fastener holes to align with the four alignment chambers 1078), comprising: a body having a proximal end and a distal end spaced from each other along a direction, the distal end having a coupling mechanism (plate alignment portion 1062, labeled in another embodiment in FIG. 12 and shown coupled to a bone plate in FIGS. 13-14) configured to couple the body to the bone plate at an orientation (col. 14 / lines 25-28 and 36-49), the body defining at least one channel (1088) that extends along a central channel axis, the at least one channel configured to receive at least one respective bone fastener therein in a pre-loaded position, FIG. 23, the body including opposed first sidewalls (front/left sidewall of the chamber 1078 in front in FIG. 26, and back/right sidewall of the chamber 1078 in back in FIG. 26) and opposed second sidewalls (front/right sidewall of the chamber 1078 in front in FIG. 26, and back/left sidewall of the chamber 1078 on the left in FIG. 26) that extend laterally between the opposed first sidewalls (the second sidewalls extend laterally between planes of the opposed first sidewalls), the opposed first sidewalls including relief slots (1110) (labeled in another embodiment in FIG. 17), the opposed second sidewalls including a pair of opposed engagement members (1068) (labeled in another embodiment in FIG. 17) extending downwardly from the opposed second sidewalls, FIGS. 26-27, the engagement members seated against opposed recesses formed in the bone plate between the at least two fastener holes (interpreted as language of intended use without positive recitation of a bone plate; due to the length and curvature of the engagement members, at least the ends of the engagement members would be seated against opposed recesses formed in the bone plate between fastener holes, since the center of each engagement member is aligned with the center of the hole at the widest part of the plate, and the ends of the engagement member curve inwardly complementarily to the recesses on the plate between the holes; for example, as seen in FIGS. 13-14, the prongs 1068 are in ends of the recesses on the plate between the holes), wherein the coupling mechanism is configured such that the central channel axis substantially aligns with a central hole axis of the at least one fastener hole when the coupling mechanism is coupled to the bone plate at the orientation (col. 15 / lines 45-48), and wherein the body has a flexible retention mechanism (1102) that is bent so as to extend at least partially within the at least one channel, FIGS. 21-22, such that the retention mechanism is configured to apply a retention force to the at least one respective bone fastener that retains the at least one respective bone fastener within the at least one channel in the pre-loaded position (col. 17 / lines 3-17), FIG. 23.
As to claim 14, Whitaker discloses the screw guide of claim 13, wherein the retention mechanism comprises a flexible tab (1104) defined by a cutout portion of the body, FIGS. 26-27, the flexible tab being biased inward toward the central channel axis (col. 16 / lines 2-6) such that an interior surface of the flexible tab is configured to contact a head of the at least one respective bone fastener to thereby apply the retention force thereto in the pre-loaded position.
As to claim 16, Whitaker discloses the screw guide of claim 13, wherein the coupling mechanism comprises a pair of engagement members (1068) that are configured to extend alongside at least two opposed side surfaces of the bone plate, FIG. 26.
As to claim 19, Whitaker discloses the screw guide of claim 18, wherein the coupling mechanism includes two additional engagement members (pin shaped 1068s on the left in FIG. 26) that are positioned between the pair of engagement members, the two additional engagement members being configured to extend alongside and couple with another two side surfaces (the surfaces along which the two additional engagement members extend are on the side of the plate, and are at angles to each other, shown for example in FIG. 13) of the body so as to center the body at the orientation relative to the bone plate.
As to claim 20, Whitaker discloses the screw guide of claim 19, wherein the at least one channel comprises four channels extending from the proximal end to the distal end of the body along respective central channel axes, FIG. 26, the four channels being arranged in a square pattern, FIG. 26, wherein the retention mechanism comprises four compliant members each defined by the body and each extending within a respective one of the four channels.
Whitaker is silent as to the relief slots being spring relief slots, the pair of spring relief slots being configured to yield lateral biasing forces via the engagement members against opposed recesses formed in the bone plate between the at least two fastener holes (claim 13); the pair of engagement members configured to clamp against at least two opposed side surfaces of the bone plate (claim 16); wherein the pair of engagement members each comprises a bottom surface, an interior surface that extends along the direction between a bottom surface of the body and the bottom surface of the respective engagement member, and a chamfer surface that extends from the interior surface to the bottom surface of the respective engagement member, wherein the chamfer surfaces of the pair of engagement members are configured to push the pair of engagement members away from each other as the chamfer surfaces engage the bone plate (claim 17); wherein the body comprises a spring member configured to bias the pair of engagement members toward each other for clamping against respective ones of the at least two opposed side surfaces of the bone plate (claim 18).
As to claim 13, Detweiler ‘111 discloses a screw guide for connecting to a bone plate (14) having at least two fastener holes (16), FIGS. 4-5, comprising: a body (40) having a proximal end and a distal end spaced from each other along a direction, the distal end having a coupling mechanism (44) configured to couple the body to the bone plate at an orientation, FIGS. 4-5, the body defining at least one channel (48) that extends along a central channel axis, the at least one channel configured to receive at least one respective bone fastener (12) therein in a pre-loaded position, the body including spring relief slots and a pair of opposed engagement members (44), the spring relief slots being configured to yield lateral biasing forces (as much as the instant invention) via the engagement members against opposed recesses (18) formed in the bone plate, wherein the coupling mechanism is configured such that the central channel axis substantially aligns with a central hole axis of the at least one fastener hole when the coupling mechanism is coupled to the bone plate at the orientation, FIG. 5, and wherein the body has a flexible retention mechanism (46) that is bent so as to extend at least partially within the at least one channel (described with respect to mechanism 30 in another embodiment, par. [0035]; the retention mechanism is flexibly bent to extend inwardly into the channel to resiliently hold the fastener), such that the retention mechanism is configured to apply a retention force to the at least one respective bone fastener that retains the at least one respective bone fastener within the at least one channel in the pre-loaded position (par. [0035]).
As to claim 14, Detweiler ‘111 discloses the screw guide of claim 13, wherein the retention mechanism comprises a flexible tab (46) defined by a cutout portion of the body, FIG. 4, the flexible tab being biased inward toward the central channel axis (described with respect to mechanism 30 in another embodiment, par. [0035]) such that an interior surface of the flexible tab is configured to contact a head of the at least one respective bone fastener (interpreted as language of intended use) to thereby apply the retention force thereto in the pre-loaded position.
As to claim 16, Detweiler ‘111 discloses the screw guide of claim 13, wherein the coupling mechanism comprises a pair of engagement members (44) that are configured to extend alongside and clamp against at least two opposed side surfaces of the bone plate, FIG. 5.
As to claim 17, Detweiler ‘111 discloses the screw guide of claim 16, wherein the pair of engagement members (44) each comprises a bottom surface (of distal-most tip of 44 in FIG. 5), an interior surface (interior vertical surface of distal prong of 44, adjacent to the distal chamfer) that extends along the direction between a bottom surface of the body and the bottom surface of the respective engagement member, and a chamfer surface (distal chamfer/distal angled surface of 44) that extends from the interior surface to the bottom surface of the respective engagement member, wherein the chamfer surfaces of the pair of engagement members are configured to push the pair of engagement members away from each other as the chamfer surfaces engage the bone plate, FIG. 5.
As to claim 18, Detweiler ‘111 discloses the screw guide of claim 16, wherein the body comprises a spring member (portion connecting 44 to a rest of body 40) configured to bias the pair of engagement members toward each other for clamping against respective ones of the at least two opposed side surfaces of the bone plate (par. [0038]).
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make the relief slots in Whitaker spring relief slots, with the portion connecting the coupling mechanism to the rest of the guide body being a spring member, as taught in Detweiler ‘111, so that the engagement members of the coupling member resiliently engage the plate to provide a more secure coupling, therefore preventing unintentional disengagement. Whitaker contemplates the coupling mechanism (1062) being flexible to better couple with the plate (col. 14 / lines 45-49). As taught in Detweiler ‘111, the guide is easily attached to the plate by applying a downward force to the guide to force the engagement members to flex out around the outside of the plate and accordingly engage the recesses in the plate. To accomplish this, the engagement members in Whitaker would be provided with the shape disclosed in Detweiler ‘111, including the bottom surface, interior surface, and chamfer surface, wherein the chamfer surfaces are configured to push the pair of engagement members away from each other as the chamfer surfaces engage the bone plate. The resiliency of the engagement members which are biased towards each other/toward the plate as taught by Detweiler ‘111 would then allow the engagement members to snap onto the plate, clamping against the opposed side surface of the plate. The plate would also include the recesses as taught by Detweiler ‘111 into which the engagement members snap. As above, due to the length and curvature of the engagement members in Whitaker, at least the ends of the engagement members would be seated against opposed recesses formed in the bone plate between fastener holes, since the center of each engagement member is aligned with the center of the hole at the widest part of the plate, and the ends of the engagement member curve inwardly complementarily to the recesses on the plate between the holes. The modification in view of Detweiler ‘111 would result in the spring relief slots/spring member configured to yield lateral biasing forces via the engagement members against the opposed recesses formed in the bone plate between the at least two fastener holes.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRACY L KAMIKAWA whose telephone number is (571)270-7276. The examiner can normally be reached M-F 10:00-6:30 PM.
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/TRACY L KAMIKAWA/Examiner, Art Unit 3775
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