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 .
Status of the Claims
This Office Action is responsive to the amendment filed December 8, 2025. As directed by the amendment: Claims 1, 2, 4, 6, 8, 10, 12, and 15-20 have been amended. Claims 1-20 are presently pending in this application.
Examiner’s Note
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.
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) 1-6, 8-16, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Feibel et al. (US 2007/0185493), herein referred to as Feibel, and in view of Ellis et al. (US 2005/0085819), herein referred to as Ellis.
Regarding claim 1, Feibel discloses a bone plate system (figures 1-8), comprising a plate (1), comprising a body portion (see figures 7 and 8 below), and a base portion (see figures 7 and 8 below) positioned inferior to and spaced apart from the body portion (see figures 7 and 8 below).
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Yet, Feibel lacks wherein the body portion and the base portion have the same shape, and at least one fastener for insertion through the body portion and the base portion of the plate.
However, Ellis teaches a body portion (see figure 2 below) and a base portion (see figure 2 below) have the same shape (see figure 2 below), and at least one fastener (72) (¶33) for insertion through the body portion (see figure 2 below) and the base portion (see figure 2 below) of the plate (¶33).
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Feibel’s bone plate system with wherein the body portion and the base portion have the same shape, and at least one fastener for insertion through the body portion and the base portion of the plate as taught by Ellis, since such a modification would provide an alternative bone plate shape and it appears it would perform equally well in stabilizing bone.
Regarding claim 2, the modified Feibel’s bone plate system has wherein the plate (the modified Feibel’s plate) further comprises a connecting member (see figures 7 and 8 of Feibel above) coupled to a first end of the body portion (the modified Feibel’s body portion) on a first end of the connecting member (see figures 7 and 8 of Feibel above) and a first end of the base portion (the modified Feibel’s body portion) on a second end of the connecting member (see figures 7 and 8 of Feibel above).
Regarding claim 3, the modified Feibel’s bone plate system has wherein the plate (the modified Feibel’s plate) further comprises an extension portion (2 of Feibel) coupled to and extending from the body portion (the modified Feibel’s body portion).
Regarding claim 4, the modified Feibel’s bone plate system has wherein the body portion (the modified Feibel’s body portion) comprises a first portion positioned near a first side of the plate (the modified Feibel’s plate), and a second portion positioned near a second side of the plate (the modified Feibel’s plate), wherein the extension portion (2 of Feibel) is coupled to the body portion (the modified Feibel’s body portion) between a midpoint of the body portion (the modified Feibel’s body portion) and the first side of the plate (the modified Feibel’s plate).
Regarding claim 5, the modified Feibel’s bone plate system has wherein the body portion (the modified Feibel’s body portion) further comprises at least one opening (elements 4 and 41 of Feibel) for receiving the at least one fastener (¶35 of Feibel).
Regarding claim 6, the modified Feibel’s bone plate system discloses all the features/elements as claimed including wherein the at least one opening comprises a first opening (41 of Feibel) extending through the body portion (the modified Feibel’s body portion) near a midpoint of the body portion (the modified Feibel’s body portion), a second opening (another element 41 of Feibel) extending through the first portion of the body portion (the modified Feibel’s body portion) but lacks a third opening extending through the second portion of the body portion.
However, it is known that mere duplication of the essential working parts of a device involves only routine skill in the art.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the modified Feibel’s bone plate system with a third opening extending through the second portion of the body portion, since such a modification is a considered a mere duplication of the essential working parts of a device that involves only routine skill in the art.
Regarding claim 8, the modified Feibel’s bone plate system wherein connecting member (see figures 7 and 8 of Feibel above) further comprising an opening (42 of Feibel) extending through the connecting member (see figures 7 and 8 of Feibel above) from an exterior surface (see figures 7 and 8 of Feibel above) to an interior surface (see figures 7 and 8 of Feibel above), wherein the connecting member (42 of Feibel) is coupled to the first end of the body portion (the modified Feibel’s body portion) and a first end of the base portion (the modified Feibel’s base portion) and the extension portion (see figures 7 and 8 of Feibel above) is coupled to a second end of the body portion (the modified Feibel’s body portion), and wherein the first end of the body portion (the modified Feibel’s body portion) is opposite (see figures 7 and 8 of Feibel above) the second end of the body portion (the modified Feibel’s body portion).
Regarding claim 9, the modified Feibel’s bone plate system has wherein the base portion (the modified Feibel’s base portion) comprises a first portion positioned near a first side of the plate (the modified Feibel’s plate), a second portion positioned near a second side of the plate (the modified Feibel’s plate), and at least one opening (see figure 2 of Ellis above) for receiving the at least one fastener.
Regarding claim 10, the modified Feibel’s bone plate system discloses all the features/elements as claimed including wherein the at least one opening comprises a first opening (70 of Ellis) extending through the base portion (see figure 2 of Ellis above) near a midpoint of the base portion (see figure 2 of Ellis above), a second opening (another element 70 of Ellis) extending through the first portion of the base portion (see figure 2 of Ellis above) but lacks a third opening extending through the second portion of the base portion.
However, it is known that mere duplication of the essential working parts of a device involves only routine skill in the art.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the modified Feibel’s bone plate system with a third opening extending through the second portion of the base portion, since such a modification is a considered a mere duplication of the essential working parts of a device that involves only routine skill in the art.
Regarding claim 11, the modified Feibel’s bone plate system has wherein the body portion (the modified Feibel’s body portion) is a mirror image (see figure 2 of Ellis above) of the base portion (the modified Feibel’s base portion).
Regarding claim 12, the modified Feibel’s bone plate system has wherein the extension portion (2 of Feibel) comprises at least one screw hole (4 of Feibel) (¶30 and figures 1, 2, 5, 6 of Feibel) positioned along a length of the extension portion (2 of Feibel) between a first end (figures 1, 2, 5, 6 of Feibel) and a second end (figures 1, 2, 5, 6 of Feibel), and at least one slot (another element 4 of Feibel) (¶32 of Feibel) positioned along the length of the extension portion (2 of Feibel) between the first end (figures 1, 2, 5, 6 of Feibel) and the second end (figures 1, 2, 5, 6 of Feibel), wherein the at least one screw hole (4 of Feibel) is offset from the at least one slot (another element 4 of Feibel) (figures 1 and 2 of Feibel).
Regarding claim 13, the modified Feibel’s bone plate system has wherein the extension portion (2 of Feibel) comprises at least one relief (6 of Feibel) (¶33 of Feibel) extending into the extension portion (2 of Feibel) from at least one of a first side (figures 1, 2, 7, 8 of Feibel) and a second side (figures 1, 2, 7, 8 of Feibel), and at least one groove (7 of Feibel) (¶34 of Feibel) extending into an inferior surface of the extension portion (2 of Feibel) (figures 2 and 8 of Feibel).
Regarding claim 14, the modified Feibel’s bone plate system has wherein the connecting member (see figures 7 and 8 of Feibel above) is removable (via destruction).
Regarding claim 15, Feibel discloses a plate (1), comprising a body portion (see figures 7 and 8 above), and a base portion (see figures 7 and 8 above) positioned inferior to and spaced apart from the body portion (see figures 7 and 8 above).
Yet, Feibel lacks wherein the body portion is coupled to the base portion by at least one fastener extending through the body portion and the base portion, and wherein the body portion and the base portion have the same shape.
However, Ellis teaches a body portion (see figure 2 above) is coupled to a base portion (see figure 2 above) by at least one fastener (72) (¶33) extending through the body portion and the base portion (¶33), and wherein the body portion (see figure 2 above) and the base portion (see figure 2 above) have the same shape (see figure 2 above).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Feibel’s plate with wherein the body portion is coupled to the base portion by at least one fastener extending through the body portion and the base portion, and wherein the body portion and the base portion have the same shape as taught by Ellis, since such a modification would provide an alternative bone plate shape and it appears it would perform equally well in stabilizing bone.
Regarding claim 16, the modified Feibel’s plate has wherein the plate further comprises a connecting member (see figures 7 and 8 of Feibel above) coupled to a first end of the body portion (the modified Feibel’s body portion) on a first end of the connecting member (see figures 7 and 8 of Feibel above) and a first end of the base portion (the modified Feibel’s base portion) on a second end of the connecting member (see figures 7 and 8 of Feibel above), wherein connecting member (see figures 7 and 8 of Feibel above) further comprising an opening (42 of Feibel) extending through the connecting member (see figures 7 and 8 of Feibel above) from an exterior surface (see figures 7 and 8 of Feibel above) to an interior surface (see figures 7 and 8 of Feibel above), and wherein the connecting member (see figures 7 and 8 of Feibel above) is removable (via destruction), an extension portion (see figures 7 and 8 of Feibel above) coupled to and extending from the body portion (the modified Feibel’s body portion), wherein the body portion (the modified Feibel’s body portion) is a mirror image (see figure 2 of Ellis above) of the base portion (the modified Feibel’s base portion), wherein the connecting member (see figures 7 and 8 of Feibel above) is coupled to the first end of the body portion (the modified Feibel’s body portion) and a first end of the base portion (the modified Feibel’s base portion) and the extension portion (2 of Feibel) is coupled to a second end of the body portion (the modified Feibel’s body portion), wherein the first end of the body portion (the modified Feibel’s body portion) is opposite the second end of the body portion (the modified Feibel’s body portion), wherein a midpoint of the connecting member (42 of Feibel) is offset from a midpoint of the body portion (see figures 7 and 8 of Feibel above) and a midpoint of the base portion (see figures 7 and 8 of Feibel above), and wherein a midpoint of the extension portion (4 of Feibel) is offset from a midpoint of the body portion (see figures 7 and 8 of Feibel above) as the extension portion extends from the body portion (see figures 7 and 8 of Feibel above).
Regarding claim 18, the modified Feibel’s plate discloses all the features/elements as claimed including wherein the base portion (the modified Feibel’s base portion) comprises a first portion positioned near a first side of the plate (the modified Feibel’s plate), a second portion positioned near a second side of the plate (the modified Feibel’s plate), and at least one opening (70 of Ellis) extending through the base portion (see figure 2 of Ellis above), wherein the at least one opening comprises a first opening (70 of Ellis) extending through the base portion (see figure 2 of Ellis above) near a midpoint of the base portion (see figure 2 of Ellis above), a second opening (another element 70 of Ellis) extending through the first portion of the base portion (see figure 2 of Ellis above) but lacks a third opening extending through the second portion of the base portion.
However, it is known that mere duplication of the essential working parts of a device involves only routine skill in the art.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the modified Feibel’s plate with a third opening extending through the second portion of the base portion, since such a modification is a considered a mere duplication of the essential working parts of a device that involves only routine skill in the art.
Claim(s) 7, 17, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Feibel and Ellis as applied to claims above, and further in view of Barrall (US 11,253,305).
Regarding claim 7, the modified Feibel’s bone plate system discloses all the features/elements as claimed but lacks wherein the body portion further comprises at least one tab extending away from the first portion of the body portion, and at least one tab extending away from the second portion of the body portion.
However, Barrall teaches a body portion (200) (figure 1C) further comprises at least one tab (400a) extending away from a first portion of the body portion (200) (figure 1C), and at least one tab (400b) extending away from a second portion of the body portion (200) (figure 1C).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified Feibel’s body portion with at least one tab extending away from the first portion of the body portion and at least one tab extending away from the second portion of the body portion as taught by Barrall, since such a modification would provide an alternative body portion shape.
Regarding claim 17, the modified Feibel’s plate discloses all the features/elements as claimed including wherein the body portion (the modified Feibel’s body portion) comprises a first portion positioned near a first side of the plate (the modified Feibel’s plate), a second portion positioned near a second side of the plate (the modified Feibel’s plate), at least one opening (41 of Feibel) extending through the body portion (the modified Feibel’s body portion), wherein the at least one opening comprises a first opening (41 of Feibel) extending through the body portion (the modified Feibel’s body portion) near a midpoint of the body portion (the modified Feibel’s body portion), a second opening (another element 41 of Feibel) extending through the first portion of the body portion (the modified Feibel’s body portion) but lacks a third opening extending through the second portion of the body portion.
However, it is known that mere duplication of the essential working parts of a device involves only routine skill in the art.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the modified Feibel’s plate with a third opening extending through the second portion of the body portion, since such a modification is a considered a mere duplication of the essential working parts of a device that involves only routine skill in the art.
The modified Feibel’s plate further lacks at least one tab extending away from the first portion of the body portion, and at least one tab extending away from the second portion of the body portion.
However, Barrall teaches a body portion (200) (figure 1C) further comprises at least one tab (400a) extending away from a first portion of the body portion (200) (figure 1C), and at least one tab (400b) extending away from a second portion of the body portion (200) (figure 1C).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified Feibel’s body portion with at least one tab extending away from the first portion of the body portion and at least one tab extending away from the second portion of the body portion as taught by Barrall, since such a modification would provide an alternative body portion shape.
Regarding claim 19, the modified Feibel’s plate has wherein the extension portion (2 of Feibel) comprises at least one screw hole (4 of Feibel) (¶30 and figures 1, 2, 5, 6 of Feibel) positioned along a length of the extension portion (2 of Feibel) between a first end (figures 1, 2, 5, 6 of Feibel) and a second end (figures 1, 2, 5, 6 of Feibel), at least one slot (another element 4 of Feibel) (¶32 of Feibel) positioned along the length of the extension portion (2 of Feibel) between the first end (figures 1, 2, 5, 6 of Feibel) and the second end (figures 1, 2, 5, 6 of Feibel), wherein the at least one screw hole (4 of Feibel) is offset from the at least one slot (another element 4 of Feibel) (figures 1 and 2 of Feibel), at least one relief (6 of Feibel) (¶33 of Feibel) extending into the extension portion (2 of Feibel) from at least one of a first side (figures 1, 2, 7, 8 of Feibel) and a second side (figures 1, 2, 7, 8 of Feibel), and at least one groove (7 of Feibel) (¶34 of Feibel) extending into an inferior surface of the extension portion (2 of Feibel) (figures 2 and 8 of Feibel).
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Feibel (US 2007/0185493) in view of Ellis (US 2005/0085819) and further in view of Hanamura et al. (US JP 01011538).
Regarding claim 20, Feibel discloses a method of using a plate (1), comprising wherein a body portion of the plate (see figures 7 and 8 above) is positioned on top of an acromion (¶13).
Yet, Feibel lacks wherein the body portion and the base portion have the same shape, and inserting at least one fastener through the body portion and the base portion to secure the plate.
However, Ellis teaches wherein a body portion (see figure 2 above) and a base portion (see figure 2 above) have the same shape (see figure 2 above), and inserting at least one fastener (72) (¶33) through the body portion (see figure 2 above) and the base portion (see figure 2 above) to secure the plate (¶33).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Feibel’s method with wherein the body portion and the base portion have the same shape, and inserting at least one fastener through the body portion and the base portion to secure the plate as taught by Ellis, since such a modification would provide an alternative bone plate shape and it appears it would perform equally well in stabilizing bone.
The modified Feibel’s method further lacks the steps of surgically exposing a desired bone and making a slit in a deltoid.
However, Hanamura teaches surgically exposing a desired bone (figures 1 and 2) and making a slit in a deltoid (17) (figures 1 and 2).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the modified Feibel’s method with the steps of surgically exposing a desired bone and making a slit in a deltoid as taught by Hanamura, since such a modification would expose the patient’s bone for surgical repair.
Thus, the modified Feibel’s method has inserting the plate (the modified Feibel’s plate) with a base portion (the modified Feibel’s base portion) inserted through the slit in the deltoid (17 pf Hanamura) and under an acromion (figures 1 and 2 of Hanamura).
Response to Arguments
Applicant's arguments filed December 8, 2025 have been fully considered but they are not persuasive.
Applicant’s arguments on pages 10-14, under 35 U.S.C. 102(a)(1) and 35 U.S.C. 103 of the Remarks are directed to the amended claims with respect to the feature of “wherein the body portion and the base portion have the same shape”. Thus, the Examiner has relied upon the reference Ellis to teach applicant’s amended features, see Office Action above.
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.
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/SI MING KU/Primary Examiner, Art Unit 3775