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 with traverse of Species III (figures 5 and 6) in the reply filed on 11/14/2025 is acknowledged. The traversal is on the ground(s) that the examiner did not provide different classification areas would have to be searched if all species were considered. Also, the applicant argued that the Examiner mischaracterized the statutory requirements that provide the authority for requiring restriction. The examiner found applicant’s arguments persuasive; therefore, the Restriction Requirement is withdrawn.
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.
Claims 1, 2, 4, 5, 7, 8, 9, 11-13 and 15-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Potucek (3,885,669).
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Claim 1
Potucek discloses a holder capable to attach a bone screw comprising a main body (defined by combination of structures 30, 34, and 36) having a first/top surface and a second/bottom surface, the main body defining a retainer (34) having first and second arms, each of the first and second arms comprising a flap of the main body that is movable from a first/unfolded configuration, in which the respective arm is coplanar with the adjacent portions of the main body, and a second/folded configuration in which the respective arm extends away from the adjacent portions of the main body (see figure above).
Claim 2
Potucek further discloses the first arm defines a first terminal surface and the second arm defines a second terminal surface; and wherein the first and second terminal surfaces cooperatively define a channel (defined by area between the terminal surfaces) extending between the first and second arms when each of the first and second arms are in the respective second configuration (see figure above).
Claims 4 and 5
Potucek further discloses the first and second arms define a first and second arcuate edges (see figure above).
Claim 7
Potucek further discloses main body defines a recess (defined by space between the arms in combination with openings 32) when each of the first and second arms are in the respective second configuration (see figure above).
Claim 8
Potucek further discloses the recess extends through the entire thickness of the main body (see figure above).
Claim 9
Potucek further discloses the recess (defined by the opening 32) has an arcuate shape (see figure above).
Claim 11
Potucek further discloses the main body defines a second retainer (36) having third and fourth arms, each of the third and fourth arms comprising a flap of the main body that is movable from a first/unfolded configuration, in which the respective arm is coplanar with the adjacent portions of the main body, and a second/folded configuration in which the respective arm extends away from the adjacent portions of the main body (see figure above).
Claims 12 and 13
Potucek further discloses the main body comprises a flexible plastic material (see column 1 lines 65-68).
Claim 15
Potucek discloses a holder capable to attach a bone screw comprising a main body (defined by combination of structures 30, 34, and 36) having a first/top surface and a second/bottom surface, the main body defining a first retainer (34) having a first arm and a second arm and a second retainer (36) having a third arm and a fourth arm;
each of the first, second, third, and fourth arms comprising a flap of the main body that is movable from a first/unfolded configuration in which the respective arm is coplanar with the adjacent portions of the main body and a second/folded configuration in which the respective arm extends away from the adjacent portions of the main body; a first terminal surface defined by the first arm and a second terminal surface defined by the second arm cooperatively defining a first channel (defined by area between the 1st and 2nd terminal surfaces) extending between the first and second arms when each of the first and second arms are in the respective second configuration; a third terminal surface defined by the third arm and a fourth terminal surface defined by the fourth arm cooperatively defining a second channel (defined by area between the 3rd and 4th terminal surfaces) extending between the third and fourth arms when each of the third and fourth arms are in the respective second configuration (see figure above).
Claims 16-19
Potucek further discloses the first and second arms extend away from the main body in a first/upward direction when each of the first and second arms are in the respective second configuration, and the third and fourth arms extend away from the main body in a second/downward direction when each of the third and fourth arms are in the respective second configuration. Potucek discloses the holder is formed from flexible plastic material (see column 1 lines 65-68), wherein retainers/tabs (34 and 36) are formed with same thickness (see column 4 lines 34-37), therefore arms from the both retainers can be bend in opposite or same directions in same way as retainer/tab (36) bends (see column 3 lines 60-65 and figure 3).
Claim 20
Potucek discloses a holder capable to attach a bone screw comprising a main body (defined by combination of structures 30, 34, and 36) having a first/top surface and a second/bottom surface, the main body defining at least one single retainer clip/tab and at least one double retainer clip/tabs; each single retainer clip comprising a retainer (34) having a first arm and a second arm movable between a first/unfolded configuration in which the respective arm is coplanar with the adjacent portions of the main body and a second/folded configuration in which the respective arm extends away from the adjacent portions of the main body; each double retainer clip comprising a first retainer (34) having a third arm and a fourth arm and a second retainer having a fifth arm and a sixth arm, each of the third, fourth, fifth, and sixth arms movable between a first/unfolded configuration in which the respective arm is coplanar with the adjacent portions of the main body and a second/folded configuration in which the respective arm extends away from the adjacent portions of the main body; each arm of each of the single retainer clips and each arm of each of the double retainer clips biased toward returning to the first configuration in which the respective arm is coplanar with adjacent portions of the main body (see figure above).
Claims 1-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Vantrease (US 9,481,493).
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Claim 1
Vantrease discloses a holder (12) capable of attaching to a bone screw comprising a main body/clip (10) having a first/top surface and a second/bottom surface, the main body defining a retainer having first and second arms, each of the first and second arms comprising a flap of the main body that is capable to move from a first configuration (defined by the clip is in flat condition as shown in figure above), in which the respective arm is coplanar with the adjacent portions of the main body, and a second configuration (defined by the arms of the clip being bended in opposite directions) in which the respective arm extends away from the adjacent portions of the main body (see figure above). Vantrease discloses the holder formed from flexible and resilient plastic material (see column 4 lines 37-45), therefore the arms of the holder are capable to be resiliently flexed in opposite or same directions, such as upward and downward directions with respect to the clip.
Claim 2
Vantrease further discloses the first arm defines a first terminal surface and the second arm defines a second terminal surface; and wherein the first and second terminal surfaces cooperatively define a channel (defined by aperture formed between arms when the arms are resiliently flexed in any of the first and/or second directions) (see column 4 lines 37-40) between extending between the first and second arms when each of the first and second arms are in the respective second configuration.\
Claim 3
Vantrease further discloses the first and second terminal surfaces contact each other when each of the first and second arms are in the respective first configuration (see figure above).
Claims 4 and 5
Vantrease further discloses the first and second arms define a first and second arcuate edges (see figure above).
Claim 6
Vantrease further discloses the first and second arms cooperatively
define a stilted arch when each of the first and second arms are in the respective
first configuration (see figure 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 14 is rejected under 35 U.S.C. 103 as being unpatentable over Potucek (3,885,669) as applied to claim 12 above, and further in view of McCardle (6,098,801).
Potucek discloses the main body comprises a flexible and resilient plastic material (see column 1 lines 65-68, column 2 lines 67-68 and column 3 lines 1-2). Potucek does not specifically disclose the carrier made from high density polyethylene. However, McCardle discloses a strip for attaching studs (see abstract), wherein the strip is made from high density polyethylene (see column 3 lines 56-57). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Potucek using high density polyethylene as the plastic material for the holder, as taught by McCardle as a specific type of flexible plastic used for the holder.
Allowable Subject Matter
Claim 10 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAFAEL A. ORTIZ whose telephone number is (571)270-5240. The examiner can normally be reached Monday - Friday 9am - 6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E. Aviles can be reached at 571-270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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RAFAEL A. ORTIZ
Primary Examiner
Art Unit 3736
/RAFAEL A ORTIZ/Primary Examiner, Art Unit 3736