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
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 1-6, 8-13 and 15-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lin (US 2006/0006087).
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Claim 1
Lin discloses a holder (8) capable of being used with a bone screw, comprising a main body having a first/top surface, a second/bottom surface, a first end, and a second end, the main body defining a recess (defined by recess/hole formed between arms and/or projection/tongues 84) between the first end and the second end and a retainer (defined by combination of 1st and 2nd arms/tongues 84) 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/flat configuration, in which the respective arm is disposed in the recess and coplanar with the adjacent portions of the main body (see figure above), and a second/bended configuration in which the respective arm is not disposed in the recess and extends away from the adjacent portions (defined by area pointed by the main body) of the main body, and a projection disposed between the first and second arms;
wherein the projection is coplanar with adjacent portions of the main body when each of the first and second arms is in the first configuration and in the second configuration. Depending on the article inserted into the recess of the holder, the first and second arms could be in first and second configurations while the projection could still be coplanar with respect to adjacent portions of the main body.
Claim 2
Lin further discloses the first arm defines a first terminal surface (defined by end edge of the first arm) and the second arm defines a second terminal surface (defined by end edge of the second arm) (see figure above); and wherein the first and second terminal surfaces cooperatively define a channel (defined by channel formed in area where article could be inserted between the first or second arms and projection) extending between the first and second arms when each of the first and second arms are in the respective second configuration (see figure 13).
Claim 3
Lin 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
Lin further discloses the first arm defines a first arcuate edge and the second arm defines a second arcuate edge (see figure above).
Claim 6
Lin 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 8
Lin further discloses the recess extends through the entire thickness of the main body (see figure 13).
Claim 9
Lin further discloses the recess has an arcuate shape. After the arms disclosed by Lin are bended by inserting the screw into the holder, peripheral portion 66 of the retainer is curved at each of the arms forming an arcuate shaped recess (see figure 13).
Claim 10
Lin discloses a holder (8) capable of being used with a bone screw, comprising a main body having a first/top surface and a second/bottom surface, the main body defining a retainer (defined by combination of tongues 8) 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/flat configuration, in which the respective arm is coplanar with the adjacent portions of the main body (see figure above), and a second/bended configuration in which the respective arm extends away from the adjacent portions of the main body (see figure 13); wherein the main body defines a recess (defined by recess/hole formed between arms and/or projection/tongues 84) when each of the first and second arms is in the respective second configuration; wherein the recess has an arcuate shape; and wherein the main body defines a projection that extends into the recess and is disposed between the first and second arms; and wherein the projection is coplanar with adjacent portions of the main body when each of the first and second arms is in the first configuration and in the second configuration. After the arms disclosed by Lin are bended by inserting an article into the holder, peripheral portion (66) of the retainer will be curved at each of the arms forming an arcuate shaped recess (see figure 13). Depending on the article inserted into the recess of the holder, the first and second arms could be in first and second configurations while the projection could still be coplanar with respect to adjacent portions of the main body.
Claim 11
Lin further discloses the main body defines a second retainer 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 configuration, in which the respective arm is coplanar with the adjacent portions of the main body, and a second configuration in which the respective arm extends away from the adjacent portions of the main body (see figure above and figure 13).
Claim 12
Lin further discloses the main body comprises a flexible material (see abstract and figure 13).
Claim 13
Lin further discloses the main body comprises plastic (see [0029]).
Claim 15
Lin discloses a holder (8) capable of being used with a bone screw, comprising a main body having a first/top surface, a second/bottom surface, a first end, and a second end, the main body defining a recess (defined by recess/hole formed between arms and/or projection/tongues 84) between the first end and the second end, a first retainer (defined by combination of tongues 84) having a first arm and a second arm and a second retainer having a third arm and a fourth arm, and a projection disposed between the first arm and the second arm (see figure above); each of the first, second, third, and fourth arms comprising a flap of the main body that is movable from a first/flat configuration in which the respective arm is disposed in the recess and coplanar with the adjacent portions of the main body and a second/bended configuration in which the respective arm is not disposed in the recess and extends away from the adjacent portions of the main body; a first terminal surface (defined by end edge of the first arm) defined by the first arm and a second terminal surface (defined by end edge of the second arm) defined by the second arm cooperatively defining a first channel (defined by channel formed in area where article could be inserted between the first or second arms and projection) 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 end edge of the third arm) defined by the third arm and a fourth terminal surface (defined by end edge of the fourth arm) defined by the fourth arm cooperatively defining a second channel (defined by channel formed in area where article could be inserted between the third or fourth arms and projection) extending between the third and fourth arms when each of the third and fourth arms are in the respective second configuration (see figure above and figure 13); and wherein the projection is coplanar with adjacent portions of the main body when each of the first arm and the second arm is in the first configuration and in the second configuration. Depending on the article inserted into the recess of the holder, the first and second arms could be in first and second configurations while the projection could still be coplanar with respect to adjacent portions of the main body.
Claim 16
Lin further discloses the first and second arms extend away from the main body in a first/downward direction when each of the first and second arms are in the respective second configuration (see figure 13).
Claim 17
Lin further discloses the third and fourth arms extend away from the main body in a second/upward or downward direction when each of the third and fourth arms are in the respective second configuration (see figure above and figure 13).
Claim 18
Lin further discloses the second/downward direction is the same as the first direction.
Claim 19
Lin further discloses the second/upward direction is different from the first direction. Depending the direction of the screw inserted into the retainer of the holder, i.e. from the top or bottom surface of the holder, the second direction will be the same or different from the first direction.
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 Lin (US 2006/0006087) as applied to claim 12 above, and further in view of McCardle (6,098,801).
Lin further discloses the holder formed from flexible plastic material (see [0029]). Lin does not disclose the main body comprises 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 Lin 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.
Response to Arguments
Applicant's arguments filed 07/20/2026 have been fully considered but they are not persuasive. The teaching of Lin, embodiment of figures 23-26, discloses a strip/holder (8) comprising first, second, third, fourth arms, wherein between the first and second arm a projection is disposed, and wherein depending on the article inserted into the recess of the holder, the first and second arms, and/or third and fourth arms could be in first and second configurations while the projection could still be coplanar with respect to adjacent portions of the main body. The examiner points out that in line 1 of claims 1, 10, and 15 the recitation “A holder for a bone screw” only requires a holder with the capability of holding a bone screw, but the bone screw is not positively required as part of the invention. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Conclusion
Examiner has cited particular paragraphs and/or columns and line numbers in the references as applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested of the applicant, in preparing responses, to fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or prior art(s) disclosed by the Examiner (in the attached PTO-892 form).
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 RAFAEL A. ORTIZ whose telephone number is (571)270-5240. The examiner can normally be reached Monday - Friday 9am - 6pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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
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