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 I in the reply filed on 03/20/2026 is acknowledged.
Claims 11 – 20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 03/20/2026.
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)(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.
Claim(s) 1 – 4 and 6 – 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Eisermann et al. (US Pub. 2005/0043733 A1).
Claim 1, Eisermann discloses a plate for fixating bone [abstract, Figs. 1 – 5, i.e. plate 90], the plate comprising:
a plurality of ribs [defined by mesh portion 92] defining a plurality of openings [defined by openings between wires forming the mesh, i.e. Figs. 1, ¶31 - ¶33], wherein a first portion of the plurality of ribs define a lattice structure [at least a mesh portion 92 where wires are weaved or knitted, defines lattice structure, i.e. ¶31 - ¶33] and a second portion of the plurality of ribs define at least four mounting holes [at least a mesh portion 92 defines holes 94a and 94b].
Eisermann discloses the limitations of claim 1, as above, and further, Eisermann discloses:
Claim 2, wherein the plate is formed of a biocompatible material [¶9, ¶36 and ¶41].
Claim 3, wherein the biocompatible material comprises a Ti-6A1-4V titanium alloy [¶9, ¶36 and ¶41].
Claim 4, wherein the plate is formed of titanium [¶9, ¶36 and ¶41].
Claim 6, wherein the lattice structure comprises at least one of triangles, diamonds, or parallelograms [Fig.4].
Claim7, a membrane configured to encapsulate the plurality of ribs [¶37 - ¶38, coated / anodized].
Claim 8, collagen configured to encapsulate the plurality of ribs [¶37 - ¶38, coated / anodized].
Claim 9, wherein the first portion of the plurality of ribs are inlayed with a radiolucent biocompatible membrane [¶37 - ¶38, coated / anodized].
Claim(s) 1, 5 and 10 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lange (US Pub. 2002/0120269 A1).
Claim 1, Lange discloses a plate for fixating bone [abstract, Figs. 1 – 10, i.e. plate 20, 40, 50 or 60], the plate comprising:
a plurality of ribs [defined by mesh portion i.e. 66, 68, 70 and/or 72] defining a plurality of openings [defined by openings between wires forming the mesh, i.e. Figs. 7 - 8], wherein a first portion of the plurality of ribs define a lattice structure [at least a mesh portion 68 where wires are meshed, defines lattice structure, i.e. Figs. 7 - 8] and a second portion of the plurality of ribs define at least four mounting holes [at least a mesh portion 92forming plate 60 defines holes 64].
Lange discloses the limitations of claim 1, as above, and further, Lange discloses:
Claim 5, wherein the plurality of ribs are configured to allow for radiolucency [¶38].
Claim 10, a third portion of the plurality of ribs [at least a portion of 70]; and a fourth portion of the plurality of ribs [at least a portion of 72]; wherein an angle between the third portion of the plurality of ribs and the fourth portion of the plurality of ribs is greater than 0 degrees and less than 180 degrees [combination of angles A1 and A2].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMUEL S. HANNA whose telephone number is (571)270-3248. The examiner can normally be reached 8-5 M-F.
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/SAMUEL S HANNA/Primary Examiner, Art Unit 3775
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