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 .
Status of the Claims
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 De Wilde (US 8,033,578).
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 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.
However, De Wilde teaches a connector (figures 2a-2c) which comprises at least one elastically deflectable finger (elements 7) which can be axially and/or radially deflected with respect to an axis (col. 5, ll. 5-14), wherein the at least one finger (elements 7) projects into a guide opening (11).
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 an axis, wherein the at least one finger projects into the guide opening as taught by De Wilde, since such a modification would provide additional securement between the parts, thus in this manner is very firm (col. 5, ll. 5-14).
Regarding claim 2, the modified Buettler’s targeting device has wherein the connector comprises a cylindrical connector (figure 2b of De Wilde).
Regarding claim 3, the modified Buettler’s targeting device has wherein the connector (figures 2a-2c of De Wilde) is disposable in the mounting-guide receptacle (122 of Buettler).
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 (122 of Buettler) and the at least one finger (elements 7 of De Wilde) can freely movably project into the annular space (figures 1-6 of Buettler).
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 (122 of Buettler) 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 is U-shaped in cross section (figures 2a-2c of De Wilde).
Regarding claim 8, the modified Buettler’s targeting device has wherein the connector further comprises a projection (figures 2a-2c of De Wilde) via which the connector (figures 2a-2c of De Wilde) can be secured in the mounting-guide receptacle (122 of Buettler) under force closure, form closure and/or material closure (figures 3a and 3b of De Wilde).
Regarding claim 9, the modified Buettler’s targeting device has wherein the connector is fabricated of a synthetic material (col. 5, ll. 1-4 of De Wilde).
Regarding claim 10, the modified Buettler’s targeting device has wherein several separate fingers (elements 7 of De Wilde) are provided (figures 2a-2c of De Wilde).
Regarding claim 11, the modified Buettler’s targeting device has wherein the separate fingers (elements 7 of De Wilde) are disposed circumferentially symmetrical (figure 2b of De Wilde) to the second axis (figure 1 of Buettler).
Regarding claim 12, the modified Buettler’s targeting device has wherein at least one separate finger (element 7 of De Wilde) comprises a contact region at a free end (9 of De Wilde).
Regarding claim 13, the modified Buettler’s targeting device has wherein the contact region of the at least one finger (element 7 of De Wilde) 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 February 2, 2026 have been fully considered but they are not persuasive.
Applicant’s arguments on pages 4-7, under 35 U.S.C. 103, of the Remarks are directed to the combination of references (Buettler in view of de Wilde). Applicant argues on pages 4-5 of the Remarks that “Buettler fails to disclose or suggest: (i) "a connector which comprises at least one elastically deflectable finger"; (ii) "[the at least one elastically deflectable finger configured to] be axially and/or radially deflected with respect to the second axis"; and (iii) "the first axis and the second axis [intersecting]", in combination with the other recited claim elements”. However, the Examiner notes that the reference De Wilde was used to teach these features.
Applicant argues on pages 5-7 of the Remarks that “Like Buettler, De Wilde also fails to disclose or suggest (i) "a connector which comprises at least one elastically deflectable finger"; (ii) "[the at least one elastically deflectable finger configured to] be axially and/or radially deflected with respect to the second axis"; and (iii) "the first axis and the second axis [intersecting]", in combination with the other recited claim elements.” However, the Examiner respectfully disagrees because as generally claimed, De Wilde teaches a connector (figures 2a-2c) which comprises at least one elastically deflectable finger (elements 7) (Abstract) which can be axially and/or radially deflected (considered to be in at least one direction) with respect to an axis (col. 5, ll. 5-14), wherein the at least one finger (elements 7) projects into a guide opening (11), the first axis (considered as an arbitrary y-axis) and the second axis (considered as an arbitrary x-axis) intersects (x,y,z, coordinate system). 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 an axis, wherein the at least one finger projects into the guide opening as taught by De Wilde, since such a modification would provide additional securement between the parts, thus in this manner is very firm (col. 5, ll. 5-14).
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 SI MING KU whose telephone number is (571)270-5450. The examiner can normally be reached Monday-Friday, 9:30am-6pm.
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
Prosecution Insights