DETAILED ACTION
This office action is responsive to the after-final communication of August 17, 2026. Claims 1, 2, 4-9, 11, and 13-20 are pending, though claims 16-20 were previously withdrawn from consideration.
As agreed in the Telephonic Interview of July 24, 2026, Examiner withdraws finality of the prior office action to permit consideration of arguments submitted on August 17, 2026. Examiner issues a new final rejection, herein, giving new consideration to structural limitations required by the claim term “locking compression hole”.
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 .
Response to Arguments/Claim Interpretation
In the argument of August 17, 2026, it is argued that the term “locking compression hole” is a term of art, which requires a structure different from the screw holes cited in the rejection under 35 USC 102(a)(1) in view of Sammarco (US 5,718,705). Evidence is provided where it is noted that fig. 6 demonstrates what is meant by the term, and [0058] of the instant disclosure is identified as showing that applicant intended the term locking compression hole to be holes only of a particular structure.
In view of this understanding, it is agreed that Sammarco’s screw holes are not the same as the claimed locking screw holes. The rejection under 35 USC 102(a)(1) in view of Sammarco is withdrawn.
As agreed in the telephonic interview of July 24, 2026, Examiner now considers the term “locking compression hole” to be commensurate in scope with the disclosure at fig. 6 and [0058] of the instant application for examination purposes, moving forward.
As agreed in the telephonic interview, the finality of the prior office action is hereby withdrawn, and a new rejection in a new final rejection are issued.
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, 2, 4-9, 11, and 13-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sammarco (US 5,718,705) in view of Wagner et al. (US 7,976,570 B2).
Regarding claim 1, Sammarco teaches a bone plate 1 as at fig. 1. The teaching at col. 2, line 66 – col. 3, line 15 will be relied upon in making this rejection. This section refers to structures not necessarily shown in the figures, as follows:
All of the fingers may be provided with a plurality of holes along their length for receipt of surgical screws. In FIG. 1, the finger holes are shown to be simple circular holes 13. While not so shown, it is often preferred that the holes 13 be countersunk so that the heads of the surgical screws do not extend much beyond the surfaces of the plate fingers. It is also within the scope of the invention to provide the plate fingers 3-10 with slots such as the slots 14 shown in Finger 10. Such slots enable adjustment of the bone with respect to the plate. In some instances, holes 13, or the slots 14, together with the underside of the heads of the surgical screws, may be so configured that, as each screw is tightened, it tends to push or pull the bone fragments into more intimate abutment. As indicated above, this is known in the art. It is also within the scope of the invention to provide the hub portion 2 of plate 1 with one or more screw holes. In FIG. 1, the hub is shown having one hole at 15. (examiner’s emphasis)
The plate includes a unitary plate 1 including a first portion 10, a second portion 3, and a third portion 4, each of the second and third portions 3/4 being attached to the first portion 10 (at hub 2) and branching away from each other.
at least hole 14 on each portion 3/4/10 of the unitary plate 1, each hole 14 including a respective longitudinal axis (long dimension of 14 as seen in fig. 1) configured to extend along a bone surface (on which the bone plate 1 is attached),
wherein each hole 14 is configured to allow multi-directional compression on the bone surface along each respective longitudinal axis of the holes 14 towards a single point on a bone (at the center of the hub 2), and
wherein the multi-directional compression is configured to reduce bone fragments (“intimate abutment” referred to in the cited section).
While the holes taught by Sammarco are taught for causing compression as a result of interaction between the hole or slot and the screw head in the cited section, above, no explicit teaching of these being “locking compression holes” is present.
Wagner teaches screw holes in a bone plate as at fig. 2, which holes are locking screw holes, in the same function and design of the locking screw holes disclosed and claimed in the instant application. Wagner teaches that such a design is beneficial for permitting both rigid and flexible osteosynthesis with a single plate. (col. 2, lines 9-14).
It would have been obvious to one with ordinary skill in the art at the time of the invention to modify Sammarco’s compression causing holes or slots 14 to specifically be of the design of Wagner in order to provide Sammarco with improved ability to provide both rigid and flexible osteosynthesis with a single plate, and provide the user of such a modified plate with increased flexibility as to which type of fixation is to be achieved at each screw hole location.
Regarding claim 2, the Sammarco’s unitary plate 1 is Y-shaped – various numbers and positions of the fingers 3-10 can be included on the plate 1. Various embodiments and arrangements are shown at figs. 1-9, 13, 15, 17. Fig. 3 is specifically Y shaped.
Regarding claim 4, a non-locking hole is present at e.g. 15. Examiner notes that the limitation “non-locking” is considered to require no structure.
Regarding claim 5, examiner alternately considers hole 15 to be a locking hole, depending on use, thereof. (E.g. what fastener passes through it). Examiner notes that the limitation “locking” is considered to require no structure.
Regarding claim 6, each locking compression hole of the modified Sammarco device is configured to allow independent compression along the first portion, the second portion, and the third portion, depending on placement of screws into each locking compression hole.
Regarding claim 7, the at least one locking compression hole of the modified Sammarco device is configured to accept a properly configured locking screw and a properly configured non-locking screw at varying angles with respect to a central axis of the hole. The locking and non-locking screws are considered inferentially claimed.
Regarding claim 8, the second portion 3 and the third portion 4 branch away from each other at an angle of 90 or 180 degrees. Various embodiments and arrangements are shown at figs. 1-9, 13, 15, 17. Figs. 4 and 5 show 180 degree and fig. 5 shows 90 degree angles between fingers.
Regarding claim 9, Sammarco teaches a bone plating system including the plate 1 of fig. 1 used with multiple screws 46 as at fig. 13. The citation made in rejecting claim 1 is relied upon again but not repeated for sake of brevity. The system includes
a single plate 1 including a first portion (10 and 2, taken together), a second portion 3, and a third portion 4;
at least one hole 14 on each portion 10/3/4 of the single plate 1;
a non-locking bone screw 46 capable of being received through one of the locking compression holes 14 and into a bone; and
a locking bone screw (another of screws 46) capable of being received through one of the locking compression holes 14 and into the bone,
wherein the first portion 10/2 splits into the second and third portions 3/4,
wherein the holes 14 include longitudinal axes configured to extend along a bone surface (long dimension of holes 14; when installed on the bone), and
wherein the holes 14 are configured to allow multi-directional compression on the bone surface along the longitudinal axes towards a single point on the bone (at a center of 2; as discussed in the cited section), and
wherein the multi-directional compression is configured to reduce bone fragments (as discussed in the cited section).
Examiner notes that there is no structural distinction to the claimed ‘non-locking’ and ‘locking’ screws. Locking or non-locking can both be achieved by screws 46 depending, for example, on how far the screw 46 is driven into the plate and bone.
While the holes taught by Sammarco are taught for causing compression as a result of interaction between the hole or slot and the screw head in the cited section, above, no explicit teaching of these being “locking compression holes” is present.
Wagner teaches screw holes in a bone plate as at fig. 2, which holes are locking screw holes, in the same function and design of the locking screw holes disclosed and claimed in the instant application. Wagner teaches that such a design is beneficial for permitting both rigid and flexible osteosynthesis with a single plate. (col. 2, lines 9-14).
It would have been obvious to one with ordinary skill in the art at the time of the invention to modify Sammarco’s compression causing holes or slots 14 to specifically be of the design of Wagner in order to provide Sammarco with improved ability to provide both rigid and flexible osteosynthesis with a single plate, and provide the user of such a modified plate with increased flexibility as to which type of fixation is to be achieved at each screw hole location.
Regarding claim 10, the single plate 1 is capable of allowing multi-directional compression along the longitudinal axes (as discussed in the cited section).
Regarding claim 11, the single plate 1 is configured to allow multi-directional compression along the longitudinal axes at an angle of 50 to 160 degrees relative to a projection plane along a posterior side of the bone. (Note the various arrangements of fingers in the embodiments of figs. 1-9, 13, 15, 17, providing for various angulations).
Regarding claim 13, the single plate 1 is capable of allowing multi-directional selective compression and decompression along the longitudinal axes, depending on placement of screws in the different holes 14.
Regarding claim 14, the single plate 1 is capable of allowing varying compression length along the longitudinal axes, depending on placement of screws in the different holes 14.
Regarding claim 15, the single plate 1 is capable of allowing lagging of bone fragments in a crisscross function. See, e.g. arrangement of fig. 15.
Conclusion
THIS ACTION IS MADE FINAL. 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 David Bates whose telephone number is (571)270-7034. The examiner can normally be reached Monday through Friday, 10AM-6PM
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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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/DAVID W BATES/ Primary Examiner, Art Unit 3799
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