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 02 December 2025. As directed by the amendment: claims 1-3, 13-16, and 19 have been amended, claims 11, 12, and 20 are cancelled, and claims 21-23 are newly added. Claims 1-10, 13-19, and 21-23 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to the claims are sufficient to overcome the claim objections listed in the previous action, which are correspondingly withdrawn. The cancellation of claims 12 and 20 have rendered moot their relevant claim objections. However, further claim objections as necessitated by the claim amendments are presented below.
Response to Arguments
Applicant's arguments filed 02 December 2025 with respect to the rejections 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 interpretation of the reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Objections
Claims 6, 7, 14-19, and 22 are objected to because of the following informalities: improper antecedence and clarity. Appropriate correction is required. The following amendments are suggested:
Claim 6 / lines 1-2: “includes diagonal pairs of
Claim 7 / lines 1-2: “includes diagonal pairs of
Claim 14 / line 8: “the first plurality of guide holes”
Claim 14 / line 9: “the second plurality of guide holes”
Claim 22 / line 1: “the first plurality of guide holes”
Claim 22 / line 4: “the second plurality of guide holes”
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 1-10, 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 (the plate holes aligned with the 7 holes 1110) of a first bone plate (left plate 300; the first pattern is configured to align with a first plurality of plate holes of a first bone plate when one surface is facing upward, par. [0136]), 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 (the plate holes aligned with the 12 holes 1110) of a second bone plate (right plate 300; the second pattern is configured to align with a second plurality of plate holes of a second bone plate when the other surface is facing upward since the holes in each pattern extend through the body and are used, in opposite orientation, for the left/right plates), 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).
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 5, Tiongson discloses the targeting guide of claim 4, wherein the first plurality of holes and the second plurality of holes are configured to receive a monoaxial sleeve (interpreted as language of intended use; the holes receive monoaxial sleeve 1180) (par. [0134]), FIG. 21.
As to claim 6, Tiongson discloses the targeting guide of claim 1, wherein the first pattern includes pairs of diagonal 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 7, Tiongson discloses the targeting guide of claim 6, wherein the second pattern includes pairs of diagonal holes (the 12 holes 1110 closest to proximal end 1103 can be grouped into six 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] and the right bone may be longer than the left bone, and that the targeting guide would have a different configuration for narrow versus broad plates but not for different length plates, par. [0136]).
As to claim 10, Tiongson discloses the targeting guide of claim 2, wherein the body further comprises at least one connection hole (1124) on each of the first and second sides of the body (par. [0140]).
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.
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 (left plate 300; the first pattern is configured to align with a first plurality of plate holes extending longitudinally along a first bone plate when one surface is facing upward, par. [0136]), 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 (right plate 300; the second pattern is configured to align with the kickstand screw holes in a distal cluster of holes of the right plate, 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.
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 5, Tiongson discloses the targeting guide of claim 4, wherein the first plurality of holes and the second plurality of holes are configured to receive a monoaxial sleeve (interpreted as language of intended use; the holes receive monoaxial sleeve 1180) (par. [0134]), FIG. 21.
As to claim 6, Tiongson discloses the targeting guide of claim 1, wherein the first pattern includes pairs of diagonal 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 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); 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).
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 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 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 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; 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).
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 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 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.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Tiongson.
As to claim 23, 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; 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).
Tiongson contemplates different length bone plates (FIGS. 1 and 5), but is silent as to the second bone plate being a different length than the first bone plate.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize a shorter bone plate as the first bone plate, for example one of the shorter bone plates as in FIG. 1, to accommodate a shorter left bone, or to fixate a left bone with fewer fracture lines or smaller damaged area, since Tiongson contemplates that bone plates can be provided in different lengths. A shorter bone plate would still be able to be used with the targeting guide disclosed in Tiongson, with fewer of the guide holes used to target the corresponding plate holes in the shorter plate. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to attach the targeting guide to either/both the shorter first bone plate and the second bone plate (with the targeting guide flipped over), depending on the bone to be operated on, in order to save costs associated with providing two targeting guides.
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 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