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 .
Election/Restrictions
Applicant’s election without traverse of Group II (plate claims 15-21) in the reply filed on March 13, 2026 is acknowledged.
Claim Objections
Claims 16-21 are objected to because of the following informalities:
Claims 16-21 have a preamble that states “A plate” but should be changed to “The plate” since it is most likely referring to the plate established in the parent claim. Otherwise, the claim may be referring to a second plate that is like the first plate but with slightly different limitations.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 16-18 and 21 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 16 recites the limitation "the jig support" in the last line. There is insufficient antecedent basis for this limitation in the claim. It should also be noted that just changing it to “a jig support” still leaves the claim unclear, because it seems to positively recite the jig support which is not the plate which is being claimed.
Claims 18 and 21 recite the limitation “the array of plate bores” which seem to be referring to “the array of threaded bores.” This should be changed to avoid the lack of antecedent basis.
Claim Rejections - 35 USC § 102
(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.
Claim(s) 15-18 and 20-21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Smith et al. (US 2015/0105779; “Smith”).
Claim 15, Smith discloses an orthopaedic plate (Fig. 2A) for securing to a bone (abstract), the plate having an elongate shaft (part that 102 points towards) with a bone contact surface (Fig. 2C; 214) configured to contact the bone (Fig. 2C) and an opposing surface (212), the elongate shaft having an array of threaded bores (Fig. 2A; paragraph [0046] mentions holes are threaded, 206d, 206e 206h, 208), each bore for receiving a respective fastener (Fig. 2A), and wherein at least one of the array of threaded bores is a conical plate bore (Fig. 3A; 208) having a conical portion (from top to bottom it goes, cylindrical, conical taper, cylindrical lip, conical taper, then cylindrical portion) tapering from a maximum diameter proximal the bone contact surface to a minimum diameter distal the bone contact surface (Fig. 3A).
Claim 16, Smith discloses a plate according to claim 15 wherein the plate comprises a head portion (Fig. 2A; 202) at an axial end (near where 206e points) of the elongate shaft (Fig. 2A), the plate comprising at least one head bore (206-a-g, 210a), the head portion extending at an angle (Fig. 2A; note how it flares out just like the applicant’s) to the elongate shaft away capable of being away from a jig support (Figs. 2 and 6A).
Claim 17, Smith discloses a plate according to claim 16 wherein the head portion comprises a tool receiving portion (Fig. 2A; any part of the head can receive a tool) for receiving a tool (Fig. 2A).
Claim 18, Smith discloses a plate according to claim 15 wherein at least one of the array of plate bores is a threaded plate bore (paragraph [0046]).
Claim 20, Smith discloses a plate according to claim 15 wherein the elongate shaft comprises a tapered insertion portion (Figs. 2A; where 204 points; Fig. 5C also shows how the end rounds/tapers off) terminating at an insertion axial end (Fig. 2A; 204).
Claim 21, Smith discloses a plate according to claim 20 wherein the array of plate bores comprises an insertion portion bore (Fig. 2A; 206d) at or proximal the insertion axial end (Fig. 2A), wherein the insertion portion bore is a cylindrical threaded bore (Fig. 3B; 301b; paragraph [0046]).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Smith et al. (US 2015/0105779; “Smith”), in view of Huebner et al. (US 2012/0083847; “Huebner”), in further view of Terrill et al. (US 9510880; “Terrill”).
Claim 19, Smith discloses a plate according to claim 15 wherein the bore has multiple regions which may or may not have threads.
Technically Smith is missing the cylindrical portion, even though Fig. 3A looks like a cylindrical cross section, this is for hole 208 which is not circular or elliptical, only substantially elliptical (paragraph [0040]), so it doesn’t make a true cylinder.
Huebner teaches a conical plate bore (Fig. 2; abstract) comprising a cylindrical portion (paragraph [0029]; 32) proximal to one surface of the plate, with a shoulder (90) between the cylindrical portion and a conical threaded bore (paragraph [0021]; threaded portion 34 may be tapered slightly less than the screw taper).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify at least one bore in the Smith plate to have a cylindrical portion next to a threaded conical section, since this is a well-known shape of a bore that can accept a bone screw (Figs. 1-2; abstract).
This combination would ultimately lead one to believe the cylindrical portion would be only on the side that is not contacting bone.
However, Terrill teaches putting a cylindrical looking counterbore on the bone contacting side of the bore (Fig. 4). The big difference between this reference and the current invention is that the threaded region conically tapers the opposite way.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to put the countersink on the bone facing side, as taught by Terrill, in the combination of Smith in view of Huebner, in order to allow the threaded region to be more easily inspected after manufacture (col. 7, lines 21-24).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Zade Coley whose telephone number is (571)270-1931. The examiner can normally be reached M-F (9-5) PT.
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/Zade Coley/Primary Examiner, Art Unit 3775