DETAILED ACTION
This action is in response to applicant’s amendment received on April 30th, 2026.
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)(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 11, 13-20, 26, and 28-30 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Shariati (U.S. Patent 12,329,428).
Regarding claims 11 and 13-20:
Shariati discloses a device (for example see Figures 5-11) comprising:
(claim 11) a plate central body (224)
(claim 11) the plate central body defining an elongated channel (238)
(claim 14) wherein the plate central body is capable of being fixed to a diaphysis of a long bone with diaphysis lock screws
(claim 17) wherein the plate central body has a thin profile capable of conforming to a distal and proximal anatomy of a femur bone (the plate central body is capable of conforming to a femur bone if one so desired)
(claim 11) a distal region plate (212) including
(claim 11) an extension (214; the proximal end of the plate) received within the channel of the plate central body (for example see Figure 7)
(claim 11) wherein the extension is slidable axially therein
(claim 15) wherein the distal region plate is capable of being fixed to a distal region of a femur bone with distal region lock screws
(claim 16) wherein the distal region locks screws are oriented as not to intersect a growth plate of the femur bone (the distal region lock screws are functionally recited and not part of the invention, therefore the device only needs to be capable of being used with such screws)
(claim 11) a proximal region plate (201) including
(claim 11) an extension (204; the proximal end of the plate) received within the channel of the plate central body (for example see Figure 7)
(claim 11) wherein the extension is slidable axially therein from an opposite end thereof
(claim 11) wherein the distal region plate and the proximal region plate are capable of sliding axially within the central plate body to adjust a length of the device
(claim 15) wherein the proximal region plate is capable of being fixed to a proximal region of the femur with proximal region lock screws
(claim 13) fixing screws (138) capable of compressing the plate central body against the extensions of the distal region and proximal region plates to prevent axial sliding of the region plates relative to the plate central body (the screws are capable of being inserted to create a compression force between the central plate and the regional plates to prevent sliding)
(claim 18) wherein the device is fully capable of being used with an intramedullary nail if one so desired
(claim 19) wherein the distal region plate, the proximal region plate, and the plate central body are all capable of being fixed to a femur bone with locking and non-locking screw in distal, proximal, and cortical regions of a femur bone if one so desired
(claim 20) wherein the device is capable of being placed under skin on a lateral surface of a long bone if one so desired
Regarding claims 26 and 28-30:
Shariati discloses a device (for example see Figures 5-11) comprising:
(claim 26) a plate central body (224)
(claim 26) the plate central body defining an elongated channel (238)
(claim 28) wherein the plate central body is capable of being fixed to a diaphysis of a long bone with a diaphysis lock screws
(claim 26) a distal region plate (212) including
(claim 26) an extension (214; the proximal end of the plate) slidably received within the channel of the plate central body
(claim 29) wherein the distal region plate is capable of being fixed to a distal region of a femur bone with distal region lock screws
(claim 29) wherein the distal region locks screws are oriented so as not to intersect a growth plate of a femur bone (the distal region lock screws are functionally recited and not part of the invention, therefore the device only needs to be capable of being used with such screws)
(claim 26) a proximal region plate (201) including
(claim 26) an extension (204; the proximal end of the plate) slidably received within the channel of the plate central body from an opposite end thereof
(claim 26) fixing screws (138) capable of being tightened to compress the plate central body against the extensions of the distal region and proximal region plates preventing axial sliding of the region plates relative to the plate central body
(claim 26) wherein when the fixing screws are loosened the distal and proximal region plates are free to slide axially within the plate central body to adjust a length of the device
(claim 30) wherein the device is capable of being used with an intramedullary nail if one so desires
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.
Claims 12 and 27 are rejected under 35 U.S.C. 103 as being unpatentable over Shariati (U.S. Patent 12,329,428) in view of Butler (U.S. Patent 7,318,825).
The invention of Shariati discloses the invention as claimed, see above, except for the extensions of the region plates having a D-shaped cross-section and the channel of the plate central body having a corresponding D-shaped cross-section. Butler teaches a device (for example see Figure 11) including a region plate (232a) including an extension (244a) having a D-shaped cross-section and a plate central region including a channel (260) having a corresponding D-shaped cross-section. It would have been an obvious matter of design choice to one skilled in the art at the time the invention was filed to provide the device of Shariati wherein the extensions of the region plates include a D-shaped cross-section and the channel of the plate central region includes a corresponding D-shaped cross-section in view of Butler, since applicant has not disclosed that such solve any stated problem or is anything more than one of numerous shapes or configurations a person ordinary skill in the art would find obvious for the purpose of providing an extension and a channel in a bone plate. In re Dailey and Eilers, 149 USPQ 47 (1966).
Claims 21-25 are rejected under 35 U.S.C. 103 as being unpatentable over Shariati (U.S. Patent 12,329,428) in view of Butler (U.S. Patent 7,318,825).
Shariati discloses a device (for example see Figures 5-11) comprising:
(claim 21) a plate central body (224)
(claim 21) the plate central body defining an elongated channel (238)
(claim 23) wherein the central plate body is capable of being fixed to a diaphysis of a long bone with diaphysis lock screws
(claim 21) a distal region plate (212) including
(claim 21) an extension (214; the proximal end of the plate) slidably received within the channel of the plate central body
(claim 24) wherein the distal region plate is capable of being fixed to a distal region of a femur bone with distal region lock screws
(claim 24) wherein the distal region locks screws are oriented so as not to intersect a growth plate of a femur bone (the distal region lock screws are functionally recited and not part of the invention, therefore the device only needs to be capable of being used with such screws)
(claim 21) a proximal region plate (201) including
(claim 21) an extension (204; the proximal end of the plate) slidably received within the channel of the plate central body
(claim 22) fixing screws (138) capable of compressing the plate central body against the extensions of the distal region and proximal region plates to prevent axial sliding of the region plates relative to the plate central body (the screws are capable of being inserted to create a compression force between the central plate and the regional plates to prevent sliding)
(claim 25) wherein the device is capable of being used with an intramedullary nail if one so desired
The invention of Shariati discloses the invention as claimed, see above, except for the extensions of the region plates having a D-shaped cross-section and the channel of the plate central body having a corresponding D-shaped cross-section. Butler teaches a device (for example see Figure 11) including a region plate (232a) including an extension (244a) having a D-shaped cross-section and a plate central region including a channel (260) having a corresponding D-shaped cross-section. It would have been an obvious matter of design choice to one skilled in the art at the time the invention was filed to provide the device of Shariati wherein the extensions of the region plates include a D-shaped cross-section and the channel of the plate central region includes a corresponding D-shaped cross-section in view of Butler, since applicant has not disclosed that such solve any stated problem or is anything more than one of numerous shapes or configurations a person ordinary skill in the art would find obvious for the purpose of providing an extension and a channel in a bone plate. In re Dailey and Eilers, 149 USPQ 47 (1966).
The device of Shariati as modified by Butler discloses the invention as claimed wherein the D-shaped cross-section of the extension and the D-shaped cross-section of the channel are capable of preventing rotation of the regional plates relative to the central plate body while permitting axial sliding.
Response to Arguments
Applicant's arguments filed April 30th, 2026 have been fully considered but they are not persuasive. The applicant cancelled all the previous claims and filed new claims directed to the invention which have been discussed in the new grounds of rejection provided above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 for cited references the examiner felt were relevant to the application.
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 Nicholas Woodall whose telephone number is (571) 272-5204. The examiner can normally be reached on Monday-Friday 8am to 5:30pm.
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Kevin Truong, at (571. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NICHOLAS W WOODALL/Primary Examiner, Art Unit 3775
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