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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 05/26/2026 has been entered.
Claim Objections
Claims 13, 18 is objected to because of the following informalities:
In claim 13, line 5, change “eternal” to --external--.
In claim 18, line 3, change “size” to --sized--. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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.
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)(2) the claimed invention was described in a patent issued under 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.
Claim(s) 1, 3-18 and 20-22 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Ottoboni et al. (U.S. 2024/0407807 A1).
Concerning claim 1, Ottoboni et al. disclose an external fixation element (see Fig. 9B), the external fixation element comprising a frame (900) with an aperture configured and sized to receive one or more body structures of a subject therethrough; a first block (204) fixed to the external fixation element; a second block (202) movably coupled to the first block; and a plurality of pins (400) coupled to the second block the plurality of pins being configured to be affixed to a bone segment of a bone within one of the one or more body structures of the subject; wherein the second block is configured to move the bone segment of the bone in a transverse direction substantially perpendicular to a longitudinal axis of the bone; wherein a first surface of the first block is adjacent a surface of the external fixation element; and wherein a second surface of the first block, that is opposite the first surface of the first block, is adjacent a surface of the second block.
[AltContent: arrow][AltContent: textbox (surface of the 2nd block)][AltContent: arrow][AltContent: textbox (2nd surface of the 1st block)][AltContent: arrow][AltContent: textbox (Surface of the external fixation element)][AltContent: arrow][AltContent: textbox (1st surface of the 1st block)][AltContent: textbox (Floor)][AltContent: arrow]
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Concerning claim 3, further comprising a targeting guide (see Fig. 5M, element 104), the targeting guide being configured for aligning the plurality of pins (400) with the bone segment.
Concerning claim 4, wherein the targeting guide comprises a plurality of open-ended slots (see Fig. 5M, element 134), wherein respective ones of the plurality of open-ended slots engage respective ones of the plurality of pins (400).
Concerning claim 6, wherein the second block is movably coupled to the first block by a threaded adjustment element (see Fig. 2A, element 224).
Concerning claim 7, wherein rotation of the threaded adjustment element causes the second block to move in the transverse direction with respect to the longitudinal axis of the bone (see par. 0081).
Concerning claim 8, wherein: the rotation of the threaded adjustment element in a first rotational direction causes the second block to move in a first transverse direction with respect to the longitudinal axis of the bone; the rotation of the threaded adjustment element in a second rotational direction causes the second block to move in a second transverse direction with respect to the longitudinal axis of the bone; and the second transverse direction is opposite the first transverse direction.
Concerning claim 9, further comprising a stroke limiting element (see par. 0082 – since the rod is fixedly secured to opening 227, rotation of threaded adjustment element is prevented once block 202 makes contact with block 204), wherein the rotation of the threaded adjustment element is limited by the stroke limiting element.
Concerning claim 10, wherein the stroke limiting element comprises a floor (see Fig. 9B above) that prevents the rotation of the threaded adjustment element beyond a designated distance.
Concerning claim 11, further comprising an additional external fixation element (see Fig. 9B, element 900), wherein the external fixation element and the additional external fixation element are coupled to each other through one or more struts (903) disposed between and connected to the external fixation element and the additional external fixation element.
Concerning claim 12, wherein the frame of the external fixation element comprises at least one of a circular-shaped frame and an oval-shaped frame.
Concerning claim 13, Ottoboni et al. disclose a bone segment translation system (see Fig. 9B) comprising: an external fixation element (900), the external fixation element comprising a frame with an aperture configured and sized to receive one or more body structures of a subject therethrough; a pin supporting element (202) movably coupled to the external fixation element; a fixed block (204) disposed between the external fixation element (900) and the pin supporting element (202), the fixed block having (i) a first surface (see above) adjacent a surface of the external fixation element and (ii) a second surface (see above) adjacent a surface of the pin supporting element (see above), the second surface being opposite the first surface; a plurality of pins (400) connected to the pin supporting element, the plurality of pins being configured to be affixed to a bone segment of a bone within one of the one or more body structures of the subject; wherein the pin supporting element is configured to move the bone segment of the bone in a transverse direction substantially perpendicular to a longitudinal axis of the bone.
Concerning claim 14, wherein the pin supporting element is movably coupled to the external fixation element via a fixed block (204) coupled to the external fixation element.
Concerning claim 15, further comprising a threaded adjustment element (see Fig. 2A, element 224) disposed in the fixed block and engaged with the pin supporting element.
Concerning claim 16, wherein rotation of the threaded adjustment element causes the pin supporting element to move in the transverse direction with respect to the longitudinal axis of the bone (see par. 0082).
Concerning claim 17, wherein the frame of the external fixation element comprises at least one of a circular-shaped frame and an oval-shaped frame.
Concerning claim 18, Ottoboni et al. disclose a bone segment translation system comprising: a frame (see Fig. 9B, element 900) configured to be disposed around a bone of a subject, the frame having an aperture configured and sized to receive the bone of the subject therethrough; a first block (204) fixed to the frame; a second block (202) movably coupled to the first block; and one or more pins (400) coupled to the second block, the one or more pins being configured to be affixed to a bone segment of the bone of the subject; wherein the second block is configured to move the bone segment of the bone in a transverse direction substantially perpendicular to a longitudinal axis of the bone; wherein the first block has a first surface (see below) and a second surface (see below) opposite the first surface; wherein the first surface of the first block is disposed against a surface of the frame; and wherein the second block (202) is movably coupled to the second surface of the first block (204). It is noted that elements 904, 902 and 908 are considered parts of block 204.
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Concerning claim 20, further comprising a threaded adjustment element (see Fig. 2A, element 224) disposed in the second block and engaged with the second block, wherein rotation of the threaded adjustment element causes the second block to move in the transverse direction with respect to the longitudinal axis of the bone (see par. 0082).
Concerning claim 21, wherein the first block (204) is affixed to the external fixation element at a fixed distance from the bone.
Concerning claim 22, wherein the second block (202) is configured to retract the bone segment from the bone.
Concerning claim 5, wherein the targeting guide comprises a plurality of angled slots (see fig. 1D below) configured for receiving a blade of a bone saw to cut out the bone segment from the bone.
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Response to Arguments
Applicant should submit an argument under the heading “Remarks” pointing out disagreements with the examiner’s contentions. Applicant must also discuss the references applied against the claims, explaining how the claims avoid the references or distinguish from them.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELLEN HAMMOND whose telephone number is (571)270-3819. The examiner can normally be reached Monday-Friday 8 - 4 PM .
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Eduardo C. Robert, at 571 272-4719. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ELLEN C HAMMOND/Primary Examiner, Art Unit 3773
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