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 .
Response to Amendment
This office action is in response to the amendment filed April 24, 2026. As directed by the amendment, claim 1 has been amended and claims 5-7 have been cancelled. Claims 3-4, 9-12 were previously withdrawn. As such, claims 1-2, 8 remain under consideration in the instant application.
Claim Rejections - 35 USC § 112
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.
Claim 8 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, 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.
Claim 8 recites “The plate implant for bridging a fracture gap as claimed in claim 6”; however, claim 6 has been cancelled. Therefore, Examiner evaluated the claim as reciting “The plate implant for bridging a fracture gap as claimed in claim [[6]]1”.
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.
Claim(s) 1, 2, 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bottlang et al. (US 2012/0310289), hereinafter “Bottlang”.
Regarding claim 1, Bottlang discloses a plate implant (1001, FIG. 10F) for bridging a fracture gap, having: a longitudinal axis (up/down direction) in the direction of a largest extent of the plate implant; a plurality of bores (1005) which are arranged spaced apart from each other in the direction of the longitudinal axis; and an elastic longitudinal expansion device (1006) which is provided at least between two of said plurality of bores; wherein the longitudinal expansion device is configured such that the plate implant has increased expansibility in the direction of the longitudinal axis but at the same time has high bending stiffness and torsion stiffness (¶108), wherein the longitudinal expansion device comprises at least one leaf spring (1006) which is formed by one or more notches in the plate implant, and the at least one leaf spring is orientated non-perpendicular to the direction of the longitudinal axis such that the at least one leaf spring is capable of being orientated at an angle to a location of the fracture gap when the plate implant bridges the fracture gap (FIG. 10F), and wherein the at least one leaf spring is formed by u-shaped notches in the plate implant which surround a respective one of said plurality of bores (FIG. 10F), a first plurality of said u-shaped notches is configured such that the u-shape is open towards a left edge of the plate implant, and a second plurality of said u-shaped notches is configured such that the u-shape is open towards an opposite right edge of the plate implant (FIG. 10F).
Regarding claim 2, Bottlang discloses the plate implant for bridging a fracture gap as claimed in claim 1, wherein the longitudinal expansion device has an elastic element (1008) which is incorporated into the plate implant.
Regarding claim 8, Bottlang discloses the plate implant for bridging a fracture gap as claimed in claim 1, wherein the notches overlap laterally (FIG. 10F).
Response to Arguments
Applicant’s arguments with respect to claim 1 have been considered but are moot because the arguments do not apply to the plate embodiment being used in the current rejection. The newly presented rejection was necessitated by the amendments to the claims of April 24, 2026.
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 extension fee 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 OLIVIA C CHANG whose telephone number is (571) 270-5017. The examiner can normally be reached Monday-Friday, 7:30AM-5:00PM.
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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/OLIVIA C CHANG/Primary Examiner, Art Unit 3775
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