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 .
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) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rogers et al. (US 2014/0336656; “Rogers”).
Claim 21, Rogers discloses a surgical method (Fig. 8; abstract), comprising: securing a strike plate (722) to a handle (702) of a microfracture pick (700) by positioning a pin (paragraphs [0037]-[0038]) within a non-threaded through-opening (paragraphs [0037]-[0038]; at least some of the examples result in this type of setup, e.g. a press fit is a pin that has an enlarged portion that extended into a through opening) of the strike plate (Figs. 7-8; paragraph [0038]); securing a punch extension (715) to the strike plate (paragraph [0035]) and striking an impact head (728) of the punch extension to form a microfracture in a bone surface (abstract; paragraph [0037]).
However, Rogers does not disclose securing the punch extension to the strike plate by a threaded opening in the strike plate.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the connection between the punch extension (715) and the strike plate (722) to include threading a threaded tip (Fig. 8; portion of 715 that extends in the hole 719) of the punch extension into an threaded opening of the strike plate, since threaded couplings are well-known mechanisms that allow for temporary fixation and Rogers contemplates temporary and permanent fixation between the two parts (paragraph [0037]).
Allowable Subject Matter
Claims 1-2, 5-15, and 17-20 are allowable, as previously noted.
Claims 22-23 are allowable for the same reasons, but are dependent on a rejected parent claim.
Response to Arguments
Arguments are addressed via the office action above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 Zade Coley whose telephone number is (571)270-1931. The examiner can normally be reached M-F (9-5) PT.
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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.
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/Zade Coley/Primary Examiner, Art Unit 3775