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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 22 April 2026 has been entered.
Response to Amendment
This Office Action is responsive to the amendment filed on 22 April 2026. As directed by the amendment: claims 1, 6, 7, 14, and 22 have been amended, and claims 11, 12, and 20 are cancelled. Claims 1-10, 13-19, and 21-23 currently stand pending in the application.
The amendments to the claims are not sufficient to overcome the claim objections listed in the previous action, which are repeated below in relevant part. Further claim objections as necessitated by the claim amendments are also presented below.
Response to Arguments
Applicant's arguments filed 22 April 2026 with respect to the rejections under 35 U.S.C. 102(a)(1)/(2) have been fully considered but they are not persuasive. Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references.
Applicant's arguments filed 22 April 2026 with respect to the rejections under 35 U.S.C. 103 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 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 14 / line 16: “the second plurality of guide holes”
Claim 14 / line 17: “the first plurality of guide holes”
Claim 14 / line 19: “the first plurality of guide holes”
Claim 14 / line 20: “the second plurality of guide holes”
Claim 22 / line 1: “the first 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, and 21-23 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 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 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 7, Tiongson discloses the targeting guide of claim 6, wherein the second pattern includes diagonal pairs of 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]; 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 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 (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 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 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 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 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 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 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 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 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 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 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 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, FIG. 21) defining a first plurality of plate holes (the plate holes aligned with the 7 holes 1110 with the guide in the position of FIGS. 21-22); and a second bone plate (right plate 300; mirror image of the left plate shown in FIG. 21) defining a second plurality of plate holes (the plate holes aligned with the 12 holes 1110 when the guide is flipped over) having a different pattern than the first plurality of plate holes, the second bone plate being a different length than the first bone plate (a length of each plate taken along its right edge/a right side; a length of the first bone plate shown in FIG. 21 ends at the shorter right side of the head, and a length of the second bone plate which is the mirror image of the plate shown in FIG. 21 ends at a right side of the second bone plate head, which is the longer left side of the head shown in FIG. 21; this length of the second bone plate is thus longer than this length of the first bone plate); wherein when the targeting guide is attached to the first bone plate (in the position of FIG. 22, labelled left), 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).
Conclusion
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.
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, 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/TRACY L KAMIKAWA/Examiner, Art Unit 3775
Prosecution Insights