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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “leg extending laterally away from the handle” in claim 19 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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) 1-5, 7-14, 17-18, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lueth et al (US Patent Pub. 20180289402A1).
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]).
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, Lueth 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]).
In regards to claim 13, Lueth recites a targeting guide system for aligning a bone plate. Specifically, 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]).
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]);
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) 6 and 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lueth.
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 Grady, Jr et al (US Patent Pub. 20060095044A1).
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 16, 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]).
Conclusion
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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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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/MARCELA I. SHIRSAT/ Primary Examiner, Art Unit 3775
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