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 § 102
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.
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) 1-3 and 6-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Blake et al (US Patent Pub. 20130046311A1).
Blake recites a targeting guide capable of aligning a bone plate. Specifically, in regards to claim 1, Blake recites an aiming arm (104); an attachment portion (116) extending from a proximal end of the aiming arm (104), the attachment portion (116) having an opening (opening for attachment to 140, Fig.2) removably connectable with a shaft (102) of a handle (102/140); and a targeting block (252) removably connectable with the shaft (204), the targeting block (104) positioned over the attachment portion (116, Fig. 3) (Fig. 1-4; and Para. [0049]-[0053]).
In regards to claim 2, Blake recites wherein the aiming arm (104) extends along a longitudinal axis and has an upper side and an opposing lower side, a first sidewall and a second sidewall connecting the upper side to the lower side, and a plurality of holes (120) extending through the upper and lower sides (Fig. 4).
In regards to claim 3, Blake recites wherein the targeting block (104) has an upper surface, an opposing lower surface, a sidewall connecting the upper surface to the lower surface, and a plurality of apertures (118) extending through the upper and lower surfaces (Fig. 3).
In regards to claim 6, Blake recites a locking collar (nut adjacent knob 140) attachable with the shaft of the handle (Fig. 3).
In regards to claim 7, Blake recites wherein the targeting block (104) is substantially pentagonal shape or substantially circular (The arm 104 appears to be ovular in shape.) (Fig. 3).
In regards to claim 8, Blake recites wherein each hole of the plurality of holes (120) of the aiming arm (104) aligns with a corresponding plate hole of a shaft portion of the bone plate (If the aiming arm is used to fuse a plate then the openings 120 would be configured to correspond to plate openings.) (Fig. 3; and Para. [0003]).
In regards to claim 9, Blake recites wherein each aperture of the plurality of apertures (118) of the targeting block (106) aligns with a corresponding plate hole (32/34) of a head portion of the bone plate (If the arm 106 is used to fuse a plate then the openings 118 would be configured to correspond to plate openings.) (Fig. 3; and Para. [0003]).
In regards to claim 10, Blake recites wherein the handle (102/140) is configured to connect the aiming arm (104) to at least one of a head portion and neck portion of the bone plate (The rod 102 has a threaded tip 142 that is fully capable of being screwed into a plate opening.) (Fig. 3-4; and Para. [0003],[0027]).
In regards to claim 11, Blake recites wherein the attachment portion (116) is integrally attached to the aiming arm (106) (Fig. 3).
In regards to claim 12, Lueth recites wherein the shaft of the handle (102/140) is configured to extend through the opening (opening in 116 shown in Fig. 4) in the attachment portion (116) and a block opening (opening in 112, Fig. 4) in the targeting block (104) (Fig. 3-4).
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) 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Blake in view of Lueth et al (US Patent Pub. 20180289402A1).
Blake discloses a targeting guide comprising an aiming arm with an attachment portion for connecting to the shaft of a handle, and a targeting block that is removably coupled to the shaft and positioned over the attachment portion. However, the reference is silence as to the aiming arm having an outrigger.
Lueth recites a targeting guide for aligning a bone plate. Specifically, Lueth recites an aiming arm (210); an attachment portion (267, Fig. 21) extending from a proximal end of the aiming arm (210), the attachment portion (267) having an opening (281a) removably connectable with a shaft (threaded shaft of 280) of a handle (280); and a targeting block (310) removably connectable with the shaft (Fig. 20-23; and Para. [0128]-[0129],[0134]). In regards to claim 4, Lueth recites an outrigger (263) extending laterally away from the first lateral side of the aiming arm (210), the outrigger (263) including a hole (265) (Fig. 21, and Para. [0129]). In regards to claim 5, Lueth recites wherein the outrigger (263) is integrally attached to the aiming arm (210) (Fig. 21). It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the aiming arm (202) of Border to have an outrigger with an opening as taught in Lueth in order to have a means to connect more aiming guides (Para. [0129]).
Claim(s) 1-5, 7-14, 17-18, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lueth in view of Border et al (US Patent Pub. 20060200160A1).
Lueth recites a targeting guide for aligning a bone plate. Specifically, in regards to claim 1, Lueth recites an aiming arm (210); an attachment portion (267, Fig. 21) extending from a proximal end of the aiming arm (210), the attachment portion (267) having an opening (281a) removably connectable with a shaft (threaded shaft of 280) of a handle (280); and a targeting block (310) removably connectable with the shaft (Fig. 20-23; and Para. [0128]-[0129],[0134]). However, the reference is silent as to the targeting block positionable over the attachment portion.
Border recites a targeting guide capable of aligning a bone plate. Specifically, in regards to claim 1, Border recites an aiming arm (202, Fig. 20a,20c); an attachment portion (coupling used to connect to 202, Para. [0050]) extending from a proximal end of the aiming arm (202), the attachment portion connectable with a shaft (203, Fig. 10) of a handle (204/203); and a targeting block (252) removably connectable with the shaft (204), the targeting block (252) positioned over the attachment portion (As can be seen in Fig. 12, the adapter 252 is clamped to the proximal portion of the driver 202 above the section 203.) (Fig. 10, 12-13, and 20a, 20z; and Para. [0049]-[0053]). It would also have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the system to have a targeting block (310) of Lueth to be over the attachment portion as taught in Border in order to have a guide that can be used with different sized implants.
In regards to claim 2, Lueth recites wherein the aiming arm (210) extends along a longitudinal axis and has an upper side and an opposing lower side, a first sidewall and a second sidewall connecting the upper side to the lower side, and a plurality of holes (262) extending through the upper and lower sides (Fig. 21.
In regards to claim 3, Border recites wherein the targeting block (310) has an upper surface, an opposing lower surface, a sidewall connecting the upper surface to the lower surface, and a plurality of apertures (362) extending through the upper and lower surfaces (Fig. 23).
In regards to claim 4, Lueth recites an outrigger (263) extending laterally away from the first lateral side of the aiming arm (210), the outrigger (263) including a hole (265) (Fig. 21, and Para. [0129]).
In regards to claim 5, Lueth recites wherein the outrigger (263) is integrally attached to the aiming arm (210) (Fig. 21).
In regards to claim 7, Lueth recites wherein the targeting block (310) is substantially pentagonal shape or substantially circular (Fig. 23).
In regards to claim 8, Lueth recites wherein each hole of the plurality of holes (262) of the aiming arm (210) aligns with a corresponding plate hole (62) of a shaft portion of the bone plate (10) (Fig. 20; and Para. [0123]).
In regards to claim 9, Lueth recites wherein each aperture of the plurality of apertures (362) of the targeting block (310) aligns with a corresponding plate hole (32/34) of a head portion of the bone plate (10) (Fig. 20; and Para. [0130]).
In regards to claim 10, Lueth recites wherein the handle (280) is configured to connect the aiming arm (210) to at least one of a head portion and neck portion of the bone plate (10) (Fig. 20).
In regards to claim 11, Lueth recites wherein the attachment portion (267) is integrally attached to the aiming arm (210) (Fig. 21).
In regards to claim 12, Lueth recites wherein the shaft of the handle (280) is configured to extend through the opening (281a) in the attachment portion (267) and a block opening (381) in the targeting block (310) (Fig. 20-21 and 23; and Para. [0134]).
Lueth recites a targeting guide system for aligning a bone plate. Specifically, in regards to claim 13, Lueth recites an aiming arm (210) having an attachment portion (267) extending from a proximal end thereof and a plurality of arm holes (262) extending through an upper and lower side of the aiming arm (210) (Fig. 21); a targeting block (310) defining a connection hole (381) and a plurality of block holes (362) extending through an upper and lower surface of the targeting block (310) (Fig. 23); a bone plate (10) including a head portion (portion with openings 32/34) and a shaft portion (portion with openings 62), each of the head and shaft portions having a plurality of holes (32/34/62) extending therethrough that substantially align with corresponding holes of the plurality of arm holes (262) and block holes (362) (Fig. 20; and Para. [0123],[0130]); and a handle (280) removably connectable with a handle hole (44) in the bone plate (10), an opening (281) in the attachment portion (267) of the aiming arm (210), and the connection hole (381) in the targeting block (310) (Fig. 20-23; and Para. [0134]). However, the reference is silent as to the targeting block positionable over the attachment portion.
Border recites a targeting guide capable of aligning a bone plate. Specifically, in regards to claim 13, Border recites an aiming arm (202, Fig. 20a,20c); an attachment portion (coupling used to connect to 202, Para. [0050]) extending from a proximal end of the aiming arm (202), the attachment portion connectable with a shaft (203, Fig. 10) of a handle (204/203); and a targeting block (252) removably connectable with the shaft (204), the targeting block (252) positioned over the attachment portion (As can be seen in Fig. 12, the adapter 252 is clamped to the proximal portion of the driver 202 above the section 203.) (Fig. 10, 12-13, and 20a, 20z; and Para. [0049]-[0053]). It would also have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the system to have a targeting block (310) of Lueth to be over the attachment portion as taught in Border in order to have a guide that can be used with different sized implants.
In regards to claim 14, Lueth recites wherein the attachment portion (267) is integral with and extends from the proximal end of the aiming arm (210) (Fig. 21).
In regards to claim 17, Lueth recites wherein the handle (280) further comprises a shaft (284) extending from a gripping portion configured to rotationally align the aiming arm (210) with the bone plate (10) (Fig. 22; and Para. [0134]).
In regards to claim 18, Lueth recites wherein the shaft is configured to extend through the opening (281) in the attachment portion (267) of the aiming arm (210) and the connection hole (381) in the targeting block (310) (Fig. 20-21 and 23; and Para. [0134]).
In regards to claim 20, Lueth recites a targeting guide system for aligning a bone plate. Specifically, Lueth recites an aiming arm (210) with a plurality of holes (262) and connected to an attachment portion (267); a targeting block (310) configured to be received on a top side of the attachment portion (267), the targeting block (310) having a plurality of apertures (362) (Fig. 21 and 23); and a bone plate (10) including a head portion (portion with openings 32/34) and a shaft portion (portion with openings 62), the head portion having a plurality of holes (32/34) that each align with one of the plurality of apertures (362) in the targeting block (310) and the shaft portion having a plurality of holes (62) that each align with one of the plurality of holes (262) in the aiming arm (210) (Fig. 20-23; and Para. [0135], [0123],[0130]). However, the reference is silent as to the targeting block positionable over the attachment portion.
Border recites a targeting guide capable of aligning a bone plate. Specifically, in regards to claim 20, Border recites an aiming arm (202, Fig. 20a,20c); an attachment portion (coupling used to connect to 202, Para. [0050]) extending from a proximal end of the aiming arm (202), the attachment portion connectable with a shaft (203, Fig. 10) of a handle (204/203); and a targeting block (252) removably connectable with the shaft (204), the targeting block (252) positioned over the attachment portion (As can be seen in Fig. 12, the adapter 252 is clamped to the proximal portion of the driver 202 above the section 203.) (Fig. 10, 12-13, and 20a, 20z; and Para. [0049]-[0053]). It would also have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the system to have a targeting block (310) of Lueth to be over the attachment portion as taught in Border in order to have a guide that can be used with different sized implants.
Claim(s) 6 and 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lueth in view of Border.
In the embodiment shown in Fig. 20-24, Lueth discloses a targeting guide for aligning a bone plate having an aiming arm (210), an attachment portion (267) extending from the proximal end of the aiming arm and having an opening (281a) that allows connection to a shaft of a handle (280); and a targeting block (310) that connects to the handle and aiming arm (Fig. 20). However, this embodiment is silent as to a locking collar. In the embodiment shown in Fig. 48c, Lueth in regards to claim 6 recites a locking collar (468) attachable to the shaft of the handle (454) (Fig. 48c, and Para, [0151]). It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the shaft of the handle (280) of the embodiment shown in fig. 20 to have a locking collar as taught in the embodiment in Fig. 48c in order to ensure threaded and secured attachment between the plate and guides.
In regards to claim 15, Lueth in the embodiment shown in Fig. 20 discloses a targeting block (310) attached to the attachment portion (267) of the aiming arm (210) (Fig. 20-23). However, the embodiment is silent as to a groove in the targeting block. Lueth in the embodiment shown in Fig. 48c, discloses a guide (460) having a groove (opening for upper portion of 454) defined by a bottom surface of the guide (460), the groove configured to receive at least a portion of the attachment portion (Fig. 48c). It would have been obvious to one having ordinary skill in the art at the time the invention was filed to combine the embodiments of Lueth to have a guide with a groove on the bottom surface to receive an attachment portion in order to allow for flush positioning and interference fit so guides are firmly held (Para. [0151]).
In regards to claim 16, Lueth recites wherein the attached configuration the targeting block (310) is removably connected to the handle (280) such that the top surface of the targeting block is flush with the top surface of the aiming arm (210) (Fig. 20; and para. [0134]).
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lueth in view of Border as applied to claim 13 above, and further in view of Grady, Jr et al (US Patent Pub. 20060095044A1).
Lueth in view of Border discloses a targeting guide system. Lueth discloses a targeting guide system for aligning a bone plate having an aiming arm (210), an attachment portion (267) extending from the proximal end of the aiming arm and having an opening (281a) that allows connection to a shaft of a handle (280); and a targeting block (310) that connects to the handle and aiming arm (Fig. 20). However, reference is silent as to the handle having a leg extending laterally.
Grady recites a targeting guide system for aligning a bone plate. Specifically, in regards to claim 19, Grady recites a targeting system (220) comprising an aiming arm (210) attachable to a handle (230) and to a plate (290) (Fig. 11; and Para. [0073]; and wherein the handle (230) comprises a leg (238) extending away from a longitudinal axis (axis stemming from proximal to distal end of 230) of the handle (230) (Fig. 12a and 13 e; and Para. [0074]). It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the handle (280) of Lueth to have a laterally extending leg as taught in Grady in order to allow for a further means to align the handle and aiming arm (Para. [0074]).
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot because the arguments do not apply to the new combination of references being used in the current rejection.
Conclusion
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 MARCELA I SHIRSAT whose telephone number is (571)270-5269. The examiner can normally be reached M-F 9:00am-5:30pm MST.
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/MARCELA I. SHIRSAT/ Primary Examiner, Art Unit 3775
