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 .
Election/Restrictions
Applicant’s election without traverse of the election/restriction in the reply filed on July 14, 2026 is acknowledged.
Applicant has elected Group I: Claims 1-16 and 22-24, drawn to a tracker mount.
Claims 17-21 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on July 14, 2026.
Claims 1-24 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 § 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) 22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Glossop (US 6,203,543).
Regarding claim 22, Glossop discloses a bone mount (10) (Abstract and figures 1 and 2A-2D) comprising a fastener assembly (12) comprising a fastener (12) adapted to (i.e. capable of) be attached to a bone (col. 4, ll. 54-58) and a first keying feature (24), a sleeve assembly (18) adapted to (i.e. capable of) be disposed over the fastener assembly (figures 1 and 2A-2D) and comprising a sleeve (18) comprising a body (figure 1) defining a channel (figure 1), wherein the channel (figure 1) includes a second keying feature (col. 6, ll. 38-53) to interface with the first keying feature (24) to prevent rotation of the sleeve (18) relative to the fastener assembly (12) (col. 6, ll. 38-53), and an engagement feature (16) at (defined as “near” by Dictionary.com) a distal part of the sleeve (18) to engage a surface of the bone (figures 2A-2D).
Allowable Subject Matter
Claims 1-16, 23, and 24 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: After further search and consideration it is determined that the prior art of record neither anticipated nor renders obvious the claimed subject matter of the instant application as a whole either taken alone or in combination, in particular, the prior art of record does not teach, the following limitation(s) in combination with the remaining claimed limitation such as but not limited to “a sleeve assembly adapted to be disposed over the fastener assembly and comprising: a sleeve comprising: a body defining a channel, wherein the channel includes a second keying feature to interface with the first keying feature to prevent rotation of the sleeve relative to the fastener assembly; and an engagement feature at a distal part of the sleeve to engage a surface of the bone; and a sleeve assembly driver at least partially disposed within the channel, the sleeve assembly driver being adapted to be rotated to couple to the fastener assembly and move the engagement feature into the bone”.
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, 9:30am-6pm.
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/SI MING KU/Primary Examiner, Art Unit 3775
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