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 .
Terminal Disclaimer
The terminal disclaimer filed on 2/19/2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of US Patent 12064150 has been reviewed and is accepted. The terminal disclaimer has been recorded.
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) 1-3 and 5-9 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Limouze (US 20130172890).
With respect to claim 1, Limouze discloses an aiming guide (e.g., 1) for treating a fracture in a bone, the aiming guide comprising: a body (e.g., 200) comprising two locating pins (25a, 25b) configured to couple the aiming guide to an insertion tool (e.g., 11) and a threaded knob (270) positioned between the two locating pins configured to couple the aiming guide to the insertion tool (see fig. 1 and 10 below); and a pair of legs (231a, 231b) extending from the body (see fig. 1, 10 below), each leg of the pair of legs including one or more targeting openings (215a, 251b, 256, 251g, 251h, 257) for receiving one or more stabilizing fasteners therethrough (see fig. 1, 10 below), the one or more targeting openings spaced about the pair of legs such that the aiming guide is positionable to axially align the one or more targeting openings with one or more openings of an intramedullary nail implanted within a medullary canal of the bone (see fig. 1 below).
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With respect to claim 5, Limouze discloses a system (see fig. 1 and 10 above) for treating a fracture in a bone, the system comprising: an aiming guide (e.g., 1) comprising: one or more targeting openings (e.g., any of 251a, 251b, 256, 251g, 251h, 257) for receiving one or more stabilizing fasteners; one or more targeting openings (e.g., any other of 251a, 251b, 256, 251g, 251h, 257) spaced about the aiming guide such that the aiming guide is positionable to axially align the one or more targeting openings with one or more plate openings and one or more nail openings for extending the one or more stabilizing fasteners therethrough when an intramedullary nail is implanted within the medullary canal of the bone (note that the plate and nail openings are not positively recited and this device is capable of performing this function if one so desires); and two locating pins (25a, 25b) and a threaded knob (270) positioned between the two locating pins (see fig. 1, 10 above).
As for claim 6, Limouze further discloses the system of claim 5, further comprising an insertion tool (e.g., 11, 12) coupleable to the intramedullary nail and the aiming guide using the two locating pins and the threaded knob (see fig. 1 and 10 above), wherein the aiming guide is configured to be positioned such that the one or more targeting openings are axially aligned with the one or more nail openings when the insertion tool is coupled to the intramedullary nail and the aiming guide (see fig. 1 above).
As for claim 7, Limouze further discloses the system of claim 6, wherein insertion tool includes two or more locating pin openings (e.g., 13a, 13b, see fig. 8a) defined therein for receiving the two locating pins (see para. 58, 63).
As for claim 8, Limouze further discloses the system of claim 6, wherein the insertion tool includes a threaded insert (e.g., 12a, 14) defined therein for receiving the threaded knob (see para. 58, 63).
As for claim 9, Limouze further discloses the system of claim 5, wherein the aiming guide has a wishbone-shaped configuration (see fig. 1, 10 above) including a first leg and a second leg (see fig. 1, 10 above), a first targeting opening (e.g., any of 251a, 251b, 256, 251g, 251h, 257) of the one or more targeting openings extending through the first leg (See fig. 1, 10 above), a second targeting opening (e.g., any of 251a, 251b, 256, 251g, 251h, 257) of the one or more targeting openings extending through the second leg (see fig. 1, 10 above).
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 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Limouze (US 20130172890), as applied to claims 1 and 5 above, in view of Prien (US 20140364863).
As for claims 4 and 10, Limouze does not teach wherein the aiming guide includes one or more retention mechanisms configured to control a movement of one or more driver sleeves extended through the one or more targeting openings.
Prien, also drawn to aiming guides (100), teaches an aiming guide including one or more retention mechanisms (spring 120, see para. 13) configured to control a movement (e.g., prevent tilting) of one or more driver sleeves (200) extended through the one or more targeting openings (110) (see fig. 3) in order to prevent the driver sleeve from tilting while keeping it in place during insertion of the driver sleeve into the aiming guide (see para. 37).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Limouze, wherein the aiming guide includes one or more retention mechanisms configured to control a movement of one or more driver sleeves extended through the one or more targeting openings, in view of Prien, in order to prevent the driver sleeve from tilting while keeping it in place during insertion of the driver sleeve into the aiming guide.
Response to Arguments
The USC 112b rejection made to claims 5-10 is withdrawn in view of the amendment entered on 2/19/2026.
The Double Patenting rejection made to claims 1 and 5-10 is withdrawn in view of the Terminal Disclaimer entered on 2/19/2026.
Applicant’s arguments with respect to claim(s) 1-10 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 Tara Carter whose telephone number is (571) 272-3402. The examiner can normally be reached on M-F 7am-3pm.
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If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Eduardo Robert, at (571) 272-4719. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TARA ROSE E CARTER/ Examiner, Art Unit 3773
/EDUARDO C ROBERT/ Supervisory Patent Examiner, Art Unit 3773