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 .
Response to Amendment
This Office Action is responsive to the amendment filed on 05 August 2026. As directed by the amendment: claims 6, 14, 22, and 23 have been amended, claims 5, 7, 10-12, and 20 are cancelled, and claims 24-26 are newly added. Claims 1-4, 6, 8, 9, 13-19, and 21-26 currently stand pending in the application.
The amendments to the claims are sufficient to overcome the claim objections listed in the previous action, which are accordingly withdrawn. Further claim objections as necessitated by the claim amendments are presented below.
Response to Arguments
Examiner notes that all effort has been extended to accommodate Applicant’s interview requests, and that any agreements made during interviews are directed to overcoming the current interpretation of the art previously relied upon in the rejections. Any changes to subsequent rejections are the result of further consideration of the claim language. Examiner also notes that the art used in the enclosed rejections (Tiongson, US 2019/0076174; Smith, US 2016/0374738) were disclosed during prosecution of the parent application 17/110,562. Every piece of art that reads on the claims need not be applied in every Office Action, but best effort is made to present art relevant to the current iteration of the claim language.
Applicant's arguments filed 05 August 2026 with respect to the rejections of claims 1 and 14 under 35 U.S.C. 102(a)(1)/(2) have been fully considered but they are not persuasive. Applicant contends that Tiongson (US 2019/0076174) does not contemplate one targeting guide with holes configured to align with holes of bone plates of different lengths. Applicant contends that it has not been shown that a first bone plate of one length would only align with the seven holes 1110 closest to distal end 1105 and that a second bone plate of another length would only align with the twelve holes 1110 closes to proximal end 1103. Applicant contends that since kickstand targeting hole 1124 is adjacent to the seven holes 1110 closest to distal end 1105, at least some of these holes 1110 would align with a bone plate of any length. Examiner respectfully submits that the holes 1110 are directed downwardly in line with the aligned holes in the plate; therefore, the groups of holes 1110 are fully capable of aligning with respective plates that only have plate holes/a length to accommodate plate holes that align with the holes 1110 in the particular grouping. Such plates would fall into the category of a plate of any length. As to claim 1, Examiner notes that a first and a second bone plate are not positively recited. The examples provided in the rejections are simply presented to describe one possibility in terms of the types of plates that are capable of use with the targeting guide. Claim 1 requires alignment of particular targeting guide holes with respective plate holes; the particular physical interaction between the holes or the outcome of such interaction is not claimed.
As to claim 14, the first and second bone plates are left and right plates 300 as disclosed by Tiongson. Since claim 14 recites wherein when the second plurality of guide holes of the targeting guide are aligned with the second plurality of plate holes of the second bone plate, the first plurality of guide holes of the targeting guide are not configured to align with plate holes of the second bone plate, and wherein when the first plurality of guide holes of the targeting guide are aligned with the first plurality of plate holes of the first bone plate, the second plurality of guide holes of the targeting guide are not configured to align with plate holes of the first bone plate. In other words, as compared to claim 1, claim 14 does not require that the first plurality of guide holes of the targeting guide are not configured to align with any plate holes of the second bone plate, or that the second plurality of guide holes of the targeting guide are not configured to align with any plate holes of the first bone plate. Therefore, when the second plurality of holes of the targeting guide are aligned with the second plurality of plate holes of the second bone plate, the first plurality of holes of the targeting guide are not configured to align with plate holes of the second bone plate (the first plurality of guide holes do not align with some of the plate holes of the second bone plate, such as the second plurality of plate holes), and wherein when the first plurality of holes of the targeting guide are aligned with the first plurality of plate holes of the first bone plate, the second plurality of holes of the targeting guide are not configured to align with plate holes of the first bone plate (the second plurality of guide holes do not align with some of the plate holes of the first bone plate, such as the first plurality of plate holes).
As to the second interpretation of Tiongson, Applicant contends that Tiongson does not contemplate one targeting guide with holes configured to align with bone plates that have a different spacing or number of holes. As above, Examiner respectfully submits that, because claim 1 does not positively recite a first and a second bone plate, the examples provided in the rejections are simply presented to describe one possibility in terms of the types of plates that are capable of use with the targeting guide in different positions.
Applicant further contends that the kickstand targeting holes 1124 do not each align with a plurality of holes, as required by claim 1. Instead, each kickstand targeting hole 1124 aligns with a kickstand screw hole 335, and therefore Applicant contends that Tiongson does not teach a second plurality of holes extending through the body and arranged in a different second pattern configured to align with a second plurality of plate holes of a second bone plate. Examiner respectfully submits that Tiongson discloses two kickstand targeting holes 1124, shown in FIG. 22, which permit targeting of two oblique kickstand screw holes 335 (par. [0140]). Therefore, Tiongson discloses a second plurality of holes (1124) configured to align with a second plurality of plate holes (335).
Applicant further contends that it has not been shown that a first bone plate would only align with aiming holes 1110 and a second bone plate would only align with kickstand targeting holes 1124. Applicant contends that the kickstand targeting holes 1124 are at an angle to be directed into kickstand screw hole 335 which is intended to be positioned at the same location in any bone plate. Examiner respectfully submits that, since the bone plates are not positively recited, the examples provided in the rejections are simply presented to describe one possibility in terms of the types of plates that are capable of use with the targeting guide in different positions. The guide is fully capable of being used to target kickstand screw holes in a plate with only kickstand screw holes or some other arrangement of additional holes, as long as the kickstand holes are aligned. Tiongson shows that only some of the guide holes need be used, FIG. 21. When the first plurality of holes of the targeting guide are aligned with the first plurality of plate holes of the first bone plate (see e.g. FIG. 21), the second plurality of holes of the targeting guide are not configured to align with any plate holes of the first bone plate (since the second plurality of holes 1124 of the targeting guide only align with plate holes when the guide is flipped over).
Applicant's arguments with respect to the rejections of claim 23 under 35 U.S.C. 102(a)(1)/(2) 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.
Claim Objections
Claim 6 is objected to because of the following informalities: improper antecedence. Appropriate correction is required. The following amendments are suggested:
Claim 6 / lines 1-2: “or the second pattern”
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-4, 6, 8, 9, 13-19, 21, and 22 are rejected under 35 U.S.C. 102(a)(1)/(2) as anticipated by U.S. Patent Application Publication No. US 2019/0076174 to Tiongson et al. (hereinafter, “Tiongson”).
As to claim 1, Tiongson discloses a targeting guide (1100) for a bone plate comprising: a body, FIG. 22, having: a first plurality of holes (7 holes 1110 closest to distal end 1105) extending through the body (par. [0135], [0137]) and arranged in a first pattern configured to align with a first plurality of plate holes of a first bone plate (interpreted as language of intended use without positive recitation of a first bone plate; the first plurality of holes are fully capable of aligning with a first plurality of plate holes of a first bone plate that are arranged in line with the 7 holes 1110 of the targeting guide closest to distal end 1105), FIG. 21, and a second plurality of holes (12 holes 1110 closest to proximal end 1103) extending through the body and arranged in a different second pattern (different pattern than the 7 distal holes) configured to align with a second plurality of plate holes of a second bone plate (interpreted as language of intended use without positive recitation of a second bone plate; the second plurality of holes are fully capable of aligning with a second plurality of plate holes of a second bone plate that are arranged in line with the 12 holes 1110 of the targeting guide closest to proximal end 1103), wherein a perimeter of an exit and a perimeter of an entrance of each of the first plurality of holes is physically separate from a perimeter of an exit and a perimeter of an entrance of each of the second plurality of holes (since the first plurality of holes is on the distal end of the body and the second plurality of holes is on the proximal end of the body), wherein when the second plurality of holes of the targeting guide are aligned with the second plurality of plate holes of the second bone plate, the first plurality of holes of the targeting guide are not configured to align with any plate holes of the second bone plate (interpreted as language of intended use without positive recitation of the second bone plate; any bone plate, called the “second bone plate,” having a plurality of plate holes aligned with the second plurality of holes of the targeting guide is fully capable of use with the targeting guide such that just that portion of the targeting guide is in use; for example, the second bone plate may comprise a length spanning only the second plurality of holes of the targeting guide; then, the first plurality of holes of the targeting guide would not align with any plate holes of that plate since the first and second pluralities of holes of the targeting guide are in different portions of the guide), and wherein when the first plurality of holes of the targeting guide are aligned with the first plurality of plate holes of the first bone plate, the second plurality of holes of the targeting guide are not configured to align with any plate holes of the first bone plate (interpreted as language of intended use without positive recitation of the first bone plate; any bone plate, called the “first bone plate,” having a plurality of plate holes aligned with the first plurality of holes of the targeting guide is fully capable of use with the targeting guide such that just that portion of the targeting guide is in use; for example, the first bone plate may comprise a length spanning only the first plurality of holes of the targeting guide; then, the second plurality of holes of the targeting guide would not align with any plate holes of that plate since the first and second pluralities of holes of the targeting guide are in different portions of the guide).
As to claim 2, Tiongson discloses the targeting guide of claim 1, wherein the body has a first side (top surface of 1102 shown in FIG. 22), a second side (bottom surface of 1102 in FIG. 22), and a third side (side surface) connected to at least one of the first side or the second side, and wherein the first and second pluralities of holes each extend through one of the first side, the second side (the first and second pluralities of holes each extend through the first and second sides), and the third side.
As to claim 4, Tiongson discloses the targeting guide of claim 1, wherein the first plurality of holes and the second plurality of holes are configured to receive bone screws therethrough (interpreted as language of intended use; the holes are fully capable of receiving bone screws therethrough of an appropriate size and for fixation through the plate holes) (par. [0134]).
As to claim 6, Tiongson discloses the targeting guide of claim 1, wherein the first pattern or second pattern includes diagonal pairs of holes (the 7 holes 1110 closest to distal end 1105 can be grouped into three pairs of adjacent holes that are diagonally arranged).
As to claim 8, Tiongson discloses the targeting guide of claim 1, wherein the first pattern includes less holes than the second pattern.
As to claim 9, Tiongson discloses the targeting guide of claim 8, wherein the second bone plate is longer than the first bone plate (interpreted as language of intended use without positive recitation of a first bone plate and a second bone plate; the second bone plate is fully capable of being longer than the first bone plate, since Tiongson contemplates a lengthier bone plate can assist in providing a longer working length, par. [0088]; as described above, the second bone plate is fully capable of comprising a length spanning only the second plurality of holes of the targeting guide, and the first bone plate is fully capable of comprising a length spanning only the first plurality of holes of the targeting guide, and since there are more holes in the second plurality of holes of the targeting guide the second plate would be longer).
As to claim 13, Tiongson discloses the targeting guide of claim 2, wherein one of the first side and the second side of the body corresponds to a left femur bone plate and the other one of the first side and the second side corresponds to a right femur plate (par. [0136]; first side/top surface is for left plate as labelled in FIG. 22).
As to claim 21, Tiongson discloses the targeting guide of claim 1, wherein the first plurality of holes is arranged in the first pattern configured to align with the first plurality of plate holes of the first bone plate when the body is in a first position (the position shown in FIG. 22), and wherein the second plurality of holes is arranged in the different second pattern configured to align with the second plurality of plate holes of the second bone plate when the body is in a second position (bottom surface facing upward) different from the first position (the first plurality of holes can be used when the body is in a first position, shown in FIG. 22, and the second plurality of holes can be used when the body is in a second position, bottom surface facing upward, with the holes in the first and second bone plates correspondingly aligned, which is intended use as described above; additionally or alternatively, even with the same side of the guide facing upward and different guide holes aligned with different plates separately, the body can take different positions when aligning with the different plates because different positions may comprise different locations in the surgical room, different positions relative to bone, etc.).
As to claim 1, in another interpretation, Tiongson discloses a targeting guide (1100) for a bone plate comprising: a body, FIG. 22, having: a first plurality of holes (1110) extending through the body and arranged in a first pattern configured to align with a first plurality of plate holes of a first bone plate (interpreted as language of intended use without positive recitation of a first bone plate; the first plurality of holes are fully capable of aligning with a first plurality of plate holes of a first bone plate that are arranged in line with the holes 1110 of the targeting guide), FIG. 21, and a second plurality of holes (1124, entering the bottom of the plate in FIG. 22) extending through the body and arranged in a different second pattern configured to align with a second plurality of plate holes of a second bone plate (interpreted as language of intended use without positive recitation of a second bone plate; the second plurality of holes are fully capable of aligning with a second plurality of plate holes of a second bone plate that are arranged in line with the holes 1124 when the body is flipped over with respect to the position in FIG. 22), wherein a perimeter of an exit and a perimeter of an entrance of each of the first plurality of holes is physically separate from a perimeter of an exit and a perimeter of an entrance of each of the second plurality of holes, FIG. 22, wherein when the second plurality of holes of the targeting guide are aligned with the second plurality of plate holes of the second bone plate (when the targeting guide is flipped over), the first plurality of holes of the targeting guide are not configured to align with any plate holes of the second bone plate (interpreted as language of intended use without positive recitation of the second bone plate; the targeting guide is fully capable of use with a bone plate, called the “second bone plate,” having holes that align with holes 1124 when the body is flipped over, and which does not have holes along its body that align with the first plurality of holes of the targeting guide; for example, the second bone plate may have different spacing between holes along its body or a different number of holes), and wherein when the first plurality of holes of the targeting guide are aligned with the first plurality of plate holes of the first bone plate (see e.g. FIG. 21), the second plurality of holes of the targeting guide are not configured to align with any plate holes of the first bone plate (since the second plurality of holes of the targeting guide only align with plate holes when the guide is flipped over).
As to claim 2, Tiongson discloses the targeting guide of claim 1, wherein the body has a first side (top surface of central longitudinally extending portion of 1102 in FIG. 22), a second side (bottom surface of central longitudinally extending portion of 1102 in FIG. 22), and a third side (one 1120, including surfaces 1122, par. [0140]) connected to at least one of the first side or the second side (the surfaces 1122 connect the first side to the second side where the projection 1120 is located), and wherein the first and second pluralities of holes each extend through one of the first side, the second side, and the third side (the first plurality of holes extend through the first and second sides and the second plurality of holes extend through the third side).
As to claim 3, Tiongson discloses the targeting guide of claim 2, wherein the first side is opposite to the second side, wherein the body further comprises a fourth side (the other 1120, including respective surfaces 1122), the third and fourth sides connected to the first and second sides (the surfaces 1122 connect the first side to the second side where each projection 1120 is located), and wherein the first plurality of holes extend through the first and second sides and the second plurality of holes extend through the third and fourth sides, FIG. 22.
As to claim 4, Tiongson discloses the targeting guide of claim 1, wherein the first plurality of holes and the second plurality of holes are configured to receive bone screws therethrough (interpreted as language of intended use; the holes are fully capable of receiving bone screws therethrough of an appropriate size and for fixation through the plate holes) (par. [0134]).
As to claim 6, Tiongson discloses the targeting guide of claim 1, wherein the first pattern or second pattern includes diagonal pairs of holes (the holes 1110 can be grouped into pairs of adjacent holes that are diagonally arranged).
As to claim 21, Tiongson discloses the targeting guide of claim 1, wherein the first plurality of holes is arranged in the first pattern configured to align with the first plurality of plate holes of the first bone plate when the body is in a first position (the position shown in FIG. 22), and wherein the second plurality of holes is arranged in the different second pattern configured to align with the second plurality of plate holes of the second bone plate when the body is in a second position (bottom surface facing upward) different from the first position.
As to claim 14, Tiongson discloses a system for attaching a bone plate to bone comprising: a targeting guide (1100) having: a body, FIG. 22; a first plurality of guide holes (7 holes 1110 closest to distal end 1105) extending through the body (par. [0135], [0137]) and arranged in a first pattern; and a second plurality of guide holes (12 holes 1110 closest to proximal end 1103) extending through the body and arranged in a different second pattern, wherein a perimeter of an exit and a perimeter of an entrance of each of the first plurality of guide holes is physically separate from a perimeter of an exit and a perimeter of an entrance of each of the second plurality of guide holes (since the first plurality of guide holes is on the distal end of the body and the second plurality of guide holes is on the proximal end of the body); a first bone plate (left plate 300) defining a first plurality of plate holes (the plate holes aligned with the 7 holes 1110); and a second bone plate (right plate 300) defining a second plurality of plate holes (the plate holes aligned with the 12 holes 1110) having a different pattern than the first plurality of plate holes, wherein when the targeting guide is attached to the first bone plate (in the position of FIG. 22), the first plurality of guide holes align with the first plurality of plate holes, and when the targeting guide is attached to the second bone plate (targeting guide flipped over), the second plurality of guide holes align with the second plurality of plate holes (since the holes in each pattern extend through the body and are used, in opposite orientation, for the left/right plates), wherein when the second plurality of guide holes of the targeting guide are aligned with the second plurality of plate holes of the second bone plate, the first plurality of guide holes of the targeting guide are not configured to align with plate holes of the second bone plate (the first plurality of guide holes do not align with some of the plate holes of the second bone plate, such as the second plurality of plate holes), and wherein when the first plurality of guide holes of the targeting guide are aligned with the first plurality of plate holes of the first bone plate, the second plurality of guide holes of the targeting guide are not configured to align with plate holes of the first bone plate (the second plurality of guide holes do not align with some of the plate holes of the first bone plate, such as the first plurality of plate holes).
As to claim 15, Tiongson discloses the system of claim 14, wherein the body has a first side (top surface of 1102 shown in FIG. 22), a second side (bottom surface of 1102 in FIG. 22), and a third side (side surface) connected to at least one of the first side or the second side, and wherein the first and second pluralities of guide holes each extend through one of the first side, the second side (the first and second pluralities of guide holes each extend through the first and second sides), and the third side.
As to claim 17, Tiongson discloses the system of claim 14, each one of the first plurality of guide holes includes a central axis and each one of the first plurality of plate holes includes a central axis, the central axes of the first plurality of guide holes being coaxial with the central axes of the first plurality of plate holes when the targeting guide is attached to the first bone plate (par. [0137]), FIG. 21.
As to claim 18, Tiongson discloses the system of claim 14, each one of the second plurality of guide holes includes a central axis and each one of the second plurality of plate holes includes a central axis, the central axes of the second plurality of guide holes being coaxial with the central axes of the second plurality of plate holes when the targeting guide is attached to the second bone plate (par. [0137]), FIG. 21.
As to claim 19, Tiongson discloses the system of claim 14, further comprising a monoaxial sleeve (1180) having a proximal end received within any one of the guide holes of the targeting guide and a distal end received within an axially aligned one of the plate holes of the respective first or second bone plate (par. [0134]), FIG. 21.
As to claim 22, Tiongson discloses the system of claim 14, wherein the first plurality of guide holes of the targeting guide is arranged in the first pattern configured to align with the first plurality of plate holes of the first bone plate when the body is in a first position (the position shown in FIG. 22), and wherein the second plurality of guide holes of the targeting guide is arranged in the different second pattern configured to align with the second plurality of plate holes of the second bone plate when the body is in a second position (bottom surface facing upward) different from the first position.
As to claim 14, in another interpretation, Tiongson discloses a system for attaching a bone plate to bone comprising: a targeting guide (1100) having: a body, FIG. 22; a first plurality of guide holes (1110) extending through the body and arranged in a first pattern; and a second plurality of guide holes (1124, entering the bottom of the plate in FIG. 22) extending through the body and arranged in a different second pattern, wherein a perimeter of an exit and a perimeter of an entrance of each of the first plurality of guide holes is physically separate from a perimeter of an exit and a perimeter of an entrance of each of the second plurality of guide holes, FIG. 22; a first bone plate (left plate 300) defining a first plurality of plate holes (the first plurality of plate holes extending longitudinally along the first bone plate, par. [0136]); and a second bone plate (right plate 300) defining a second plurality of plate holes (kickstand screw holes in a distal cluster of holes of the right plate, par. [0140]) having a different pattern than the first plurality of plate holes, wherein when the targeting guide is attached to the first bone plate (in the position of FIG. 22), the first plurality of guide holes align with the first plurality of plate holes, and when the targeting guide is attached to the second bone plate (targeting guide flipped over), the second plurality of guide holes align with the second plurality of plate holes (since the holes in each pattern extend through the body and are used, in opposite orientation, for the left/right plates), wherein when the second plurality of guide holes of the targeting guide are aligned with the second plurality of plate holes of the second bone plate, the first plurality of guide holes of the targeting guide are not configured to align with plate holes of the second bone plate (the first plurality of guide holes do not align with at least some of the plate holes of the second bone plate, such as the second plurality of plate holes), and wherein when the first plurality of guide holes of the targeting guide are aligned with the first plurality of plate holes of the first bone plate, the second plurality of guide holes of the targeting guide are not configured to align with plate holes of the first bone plate (the second plurality of guide holes do not align with plate holes of the first bone plate because the second plurality of guide holes only align with a plate when the guide is flipped over).
As to claim 15, Tiongson discloses the system of claim 14, wherein the body has a first side (top surface of central longitudinally extending portion of 1102 in FIG. 22), a second side (bottom surface of central longitudinally extending portion of 1102 in FIG. 22), and a third side (one 1120, including surfaces 1122, par. [0140]) connected to at least one of the first side or the second side (the surfaces 1122 connect the first side to the second side where the projection 1120 is located), and wherein the first and second pluralities of guide holes each extend through one of the first side, the second side, and the third side (the first plurality of holes extend through the first and second sides and the second plurality of holes extend through the third side).
As to claim 16, Tiongson discloses the system of claim 15, wherein the first side is opposite to the second side, wherein the body further comprises a fourth side (the other 1120, including respective surfaces 1122), the third and fourth sides connected to the first and second sides (the surfaces 1122 connect the first side to the second side where each projection 1120 is located), and wherein the first plurality of guide holes extend through the first and second sides and the second plurality of guide holes extend through the third and fourth sides, FIG. 22.
As to claim 17, Tiongson discloses the system of claim 14, each one of the first plurality of guide holes includes a central axis and each one of the first plurality of plate holes includes a central axis, the central axes of the first plurality of guide holes being coaxial with the central axes of the first plurality of plate holes when the targeting guide is attached to the first bone plate (par. [0137]), FIG. 21.
As to claim 18, Tiongson discloses the system of claim 14, each one of the second plurality of guide holes includes a central axis and each one of the second plurality of plate holes includes a central axis, the central axes of the second plurality of guide holes being coaxial with the central axes of the second plurality of plate holes when the targeting guide is attached to the second bone plate (par. [0137]), FIG. 21.
As to claim 19, Tiongson discloses the system of claim 14, further comprising a monoaxial sleeve (1180) having a proximal end received within any one of the guide holes of the targeting guide and a distal end received within an axially aligned one of the plate holes of the respective first or second bone plate (par. [0134]), FIG. 21.
As to claim 22, Tiongson discloses the system of claim 14, wherein the first plurality of guide holes of the targeting guide is arranged in the first pattern configured to align with the first plurality of plate holes of the first bone plate when the body is in a first position (the position shown in FIG. 22), and wherein the second plurality of guide holes of the targeting guide is arranged in the different second pattern configured to align with the second plurality of plate holes of the second bone plate when the body is in a second position (bottom surface facing upward) different from the first position.
Claims 23-26 are rejected under 35 U.S.C. 102(a)(1)/(2) as anticipated by U.S. Patent Application Publication No. US 2016/0374738 to Smith et al. (hereinafter, “Smith”).
As to claim 1, Smith discloses a targeting guide (1700) for a bone plate, FIGS. 17A-19B, comprising: a body having: a first plurality of holes (holes through 1700 in the section of 1700 above 604 in FIG. 18A) extending through the body and arranged in a first pattern, FIG. 17B, configured to align with a first plurality of plate holes of a first bone plate (102) (par. [0086]), FIG. 18A, and a second plurality of holes (holes through 1700 in the section of 1700 above 1602 in FIG. 18A) extending through the body and arranged in a different second pattern, FIG. 17A, configured to align with a second plurality of plate holes of a second bone plate (1602), FIGS. 18A and 19B, wherein a perimeter of an exit and a perimeter of an entrance of each of the first plurality of holes is physically separate from a perimeter of an exit and a perimeter of an entrance of each of the second plurality of holes, FIGS. 17A-17D, wherein when the second plurality of holes of the targeting guide are aligned with the second plurality of plate holes of the second bone plate, the first plurality of holes of the targeting guide are not configured to align with any plate holes of the second bone plate, FIG. 18A, and wherein when the first plurality of holes of the targeting guide are aligned with the first plurality of plate holes of the first bone plate, the second plurality of holes of the targeting guide are not configured to align with any plate holes of the first bone plate, FIG. 18A.
As to claim 24, Smith discloses the targeting guide of claim 1, wherein the first plurality of holes are on a first side of the body and the second plurality of holes are on a second side of the body, and wherein the first side of the body is orthogonal to the second side of the body (par. [0084]), FIGS. 17A-17B.
As to claim 14, Smith discloses a system for attaching a bone plate to bone comprising: a targeting guide (1700 and 604) having: a body, FIGS. 17A-19B; a first plurality of guide holes (holes through 1700 in the section of 1700 above 102 in FIG. 18A) extending through the body and arranged in a first pattern, FIG. 17B; and a second plurality of guide holes (holes through 1700 in the section of 1700 above 1602 in FIG. 18A) extending through the body and arranged in a different second pattern, FIG. 17A, wherein a perimeter of an exit and a perimeter of an entrance of each of the first plurality of guide holes is physically separate from a perimeter of an exit and a perimeter of an entrance of each of the second plurality of guide holes, FIGS. 17A-17D; a first bone plate (102) defining a first plurality of plate holes, FIG. 15; and a second bone plate (1602) defining a second plurality of plate holes having a different pattern than the first plurality of plate holes, FIG. 16A, wherein when the targeting guide is attached to the first bone plate, FIG. 18A, the first plurality of guide holes align with the first plurality of plate holes, FIG. 19A, and when the targeting guide is attached to the second bone plate, FIG. 19B, the second plurality of guide holes align with the second plurality of plate holes, wherein when the second plurality of guide holes of the targeting guide are aligned with the second plurality of plate holes of the second bone plate, the first plurality of guide holes of the targeting guide are not configured to align with plate holes of the second bone plate, FIG. 18A, and wherein when the first plurality of guide holes of the targeting guide are aligned with the first plurality of plate holes of the first bone plate, the second plurality of guide holes of the targeting guide are not configured to align with plate holes of the first bone plate, FIG. 18A.
As to claim 25, Smith discloses the system of claim 14, wherein the first plurality of guide holes are on a first side of the body and the second plurality of guide holes are on a second side of the body, and wherein the first side of the body is orthogonal to the second side of the body (par. [0084]), FIGS. 17A-17B.
As to claim 23, Smith discloses a system for attaching a bone plate to bone comprising: a targeting guide (1700 and 604) having a body, FIGS. 17A-19B; a first plurality of guide holes (holes through 1700 in the section of 1700 above 102 in FIG. 18A) extending through the body and arranged in a first pattern, FIG. 17B; and a second plurality of guide holes (holes through 1700 in the section of 1700 above 1602 in FIG. 18A) extending through the body and arranged in a different second pattern, FIG. 17A; a first bone plate (102) defining a first plurality of plate holes, FIG. 15; and a second bone plate (1602) defining a second plurality of plate holes having a different pattern than the first plurality of plate holes, FIG. 16A, the second bone plate being a different length than the first bone plate, FIGS. 16B-16C, wherein the length of each bone plate is from a most distal end to a most proximal end; wherein when the targeting guide is attached to the first bone plate, FIG. 18A, the first plurality of guide holes align with the first plurality of plate holes, FIG. 19A, and when the targeting guide is attached to the second bone plate, FIG. 19B, the second plurality of guide holes align with the second plurality of plate holes.
As to claim 26, Smith discloses the system of claim 23, wherein the first plurality of guide holes are on a first side of the body and the second plurality of guide holes are on a second side of the body, and wherein the first side of the body is orthogonal to the second side of the body (par. [0084]), FIGS. 17A-17B.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Patent No. US 9,155,575 to Wenk et al. discloses a targeting guide (100) having a first plurality of guide holes (holes in 100 left uncovered by mask 130) extending through the body and arranged in a first pattern (col. 6 / line 60 – col. 7 / line 3), FIG. 5; a second plurality of guide holes (holes in the tail of 100 covered by mask 130 and left uncovered by mask 150) extending through the body and arranged in a different second pattern (col. 7 / lines 42-51), FIG. 8; wherein a perimeter of an exit and a perimeter of an entrance of each of the first plurality of guide holes is physically separate from a perimeter of an exit and a perimeter of an entrance of each of the second plurality of guide holes; a first bone plate (200) defining a first plurality of plate holes, FIG. 5; a second bone plate (280) defining a second plurality of plate holes having a different pattern than the first plurality of plate holes (at least at the tail), FIG. 8; wherein when the targeting guide is attached to the first bone plate, the first plurality of guide holes align with the first plurality of plate holes, FIG. 5, and when the targeting guide is attached to the second bone plate, the second plurality of guide holes align with the second plurality of plate holes, FIG. 8, wherein when the first plurality of guide holes of the targeting guide are aligned with the first plurality of plate holes of the first bone plate, FIG. 5, the second plurality of guide holes of the targeting guide are not configured to align with plate holes of the first bone plate (since the short plate 200 ends before the second plurality of guide holes); the second bone plate being a different length than the first bone plate (short plate 200 and long plate 280, col. 8 / lines 31-32), wherein the length of each bone plate is from a most distal end to a most proximal end.
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 TRACY L KAMIKAWA whose telephone number is (571)270-7276. The examiner can normally be reached M-F 10:00-6:30 PM.
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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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/TRACY L KAMIKAWA/Examiner, Art Unit 3775
