Targeting Device

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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 September 21, 2026 has been entered. Status of the Claims This Office Action is responsive to the amendment filed September 21, 2026. As directed by the amendment: Claim 1 has been amended. Claims 1-13 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) 1-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Buettler et al. (US 2012/0022533), herein referred to as Buettler, and in view of Cornwell (US 6,450,550). Regarding claim 1, Buettler discloses a targeting device (100) for developing a securement of a prosthesis (106) with a bone securement element on a bone (figure 1) (considered functional), comprising a hold (112) that positions the prosthesis (106) in a first axis (figure 1), a mounting-guide receptacle (122) forming a guide opening (figures 1-4) which is oriented along a second axis (figures 1-4) and penetrates the targeting device (100) and receives a protective sleeve (124) (figures 1, 5, and 6), wherein the first axis and the second axis intersect (figure 1). Yet, Buettler lacks a connector which comprises at least one elastically deflectable finger which can be axially and/or radially deflected with respect to the second axis, wherein the at least one finger projects into the guide opening, and wherein the mounting-guide receptacle comprises a widening having a diameter greater than a diameter of the guide opening, whereby the widening includes an abutment as a ledge. However, Cornwell teaches a connector (108) which comprises at least one elastically deflectable finger (elements 112) which can be axially and/or radially deflected (col. 5, ll. 28-37) with respect to a second axis (figures 6 and 9), wherein the at least one finger (112) projects into a guide opening (see figure 9 below), and wherein a mounting-guide receptacle (100, 114) comprises a widening (see figure 9 below) having a diameter greater than a diameter of the guide opening, (see figure 9 below), whereby the widening (see figure 9 below) includes an abutment as a ledge (see figure 9 below). PNG media_image1.png 450 648 media_image1.png Greyscale 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 Buettler’s targeting device with a connector which comprises at least one elastically deflectable finger which can be axially and/or radially deflected with respect to the second axis, wherein the at least one finger projects into the guide opening, and wherein the mounting-guide receptacle comprises a widening having a diameter greater than a diameter of the guide opening, whereby the widening includes an abutment as a ledge as taught by Cornwell, since such a modification would grip the tube to resist any force attempting to remove the tube (col. 5, ll. 35-37). Regarding claim 2, the modified Buettler’s targeting device has wherein the connector (108 of Cornwell) comprises a cylindrical connector (figure 6 of Cornwell). Regarding claim 3, the modified Buettler’s targeting device has wherein the connector (108 of Cornwell) is disposable in the mounting-guide receptacle (the modified Buettler’s mounting-guide receptacle). Regarding claim 4, the modified Buettler’s targeting device has wherein an annular space (figures 1-6 of Buettler) is developed in the mounting-guide receptacle (the modified Buettler’s mounting-guide receptacle) and the at least one finger (112 of Cornwell) can freely movably project into the annular space (figures 9 and 10 of Cornwell). Regarding claim 5, the modified Buettler’s targeting device has wherein a flushing channel (160 of Buettler) terminates into the annular space (figures 5 and 6 of Buettler). Regarding claim 6, the modified Buettler’s targeting device has wherein the flushing channel (160 of Buettler) terminates into the mounting-guide receptacle (the modified Buettler’s mounting-guide receptacle) in a direction oriented tangentially to the second axis (figures 3 and 4 of Buettler). Regarding claim 7, the modified Buettler’s targeting device has wherein the connector (108 of Cornwell) is U-shaped in cross section (figures 6, 9, 10 of Cornwell). Regarding claim 8, the modified Buettler’s targeting device has wherein the connector (108 of Cornwell) further comprises a projection (figures 6, 9, 10 of Cornwell) via which the connector (108 of Cornwell) can be secured in the mounting-guide receptacle (the modified Buettler’s mounting-guide receptacle) under force closure, form closure and/or material closure (figures 9 and 10 of Cornwell). Regarding claim 9, the modified Buettler’s targeting device has wherein the connector (108 of Cornwell) is fabricated of a synthetic material (col. 5, ll. 37-39 of Cornwell). Regarding claim 10, the modified Buettler’s targeting device has wherein several separate fingers (elements 112 of Cornwell) are provided (figure 6 of Cornwell). Regarding claim 11, the modified Buettler’s targeting device has wherein the separate fingers (elements 112 of Cornwell) are disposed circumferentially symmetrical to the second axis (figures 6, 9, 10 of Cornwell). Regarding claim 12, the modified Buettler’s targeting device has wherein at least one separate finger (112 of Cornwell) comprises a contact region at a free end (figure 6 of Cornwell). Regarding claim 13, the modified Buettler’s targeting device has wherein the contact region of the at least one finger (112 of Cornwell) is angled such that it is in surface contact on the protective sleeve (124 of Buettler) (figure 1 of Buettler). Response to Arguments Applicant's arguments filed September 21, 2026 have been fully considered but they are not persuasive. Applicant’s arguments with respect to the reference De Wilde has been considered but are moot because the new ground of rejection does not rely on this reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to SI MING KU whose telephone number is (571)270-5450. The examiner can normally be reached Monday-Friday, 8:00am-5:00pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kevin Truong can be reached at (571)272-4705. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /SI MING KU/Primary Examiner, Art Unit 3775