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 Species B, drawn to figures 13-15 in the reply filed on June 3, 2026 is acknowledged.
Claims 15-22 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. As such, claims 1-14 are pending in the instant application.
Claim Objections
Claims 1-14 are objected to because of the following informalities: lines 5-6 should be corrected to “and [[a ]]describes 360…” Appropriate correction is required.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: claim 2 recites “the thread edge at the major diameter describes a cylinder.” However, Applicant’s specification states “the thread edges at the major diameter subscribes a portion of a cylinder for at least a portion of the height of the aperture” (emphasis added). Examiner interpreted the claim as reciting “the thread edge at the major diameter describes a portion of a cylinder.”
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 1-14 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 1 recites the limitation "the threaded annulus" in line 9. There is insufficient antecedent basis for this limitation in the claim. Examiner evaluated the claim as reciting “a threaded annulus”.
Claims 3-4 recite the limitation “an annulus”. However, a “threaded annulus” was recited in claim 1. It is unclear whether the two refer to the same component. As best understood, they do; Examiner evaluated the limitations as reciting “the annulus”.
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.
Claim(s) 1-14 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Bosshard et al. (US 2019/0328430), hereinafter “Bosshard”.
Regarding claim 1, Bosshard discloses an orthopedic implant system (2), comprising: a plate (4) including a first surface (18) and a second surface (20), the plate including at least one aperture (6), the aperture including one or more female threads (9) which define a thread crest angle, T1 (A6), and a thread root such that the aperture describes 360° of a first circle about an axis, n, which is the major diameter of the one of more female threads and describes 360° of a second circle about the axis, n, which is the minor diameter of the one of more female threads (¶46), the aperture further including at least two radially symmetrical hemispherical cuts (39) to form interruptions in the female threads and which comprise recesses (28) formed in the vertical threaded surfaces of a threaded annulus (portion above undercut 36) so as to form complex three-dimensional non-discrete sections of the one or more female threads (FIG. 5), the sections including a thread segment and defining at least two sections having a thread crest segment (FIG. 5); and at least one screw (8) including an elongate shaft (25) and a head member (27) having a head configuration including male locking threads, the male locking threads of the head member defining a thread trough angle, T2 (¶58), and the male locking threads of the fastener head member and the female threads of the aperture having a differing thread configuration wherein T1 is different to T2 (¶58) and wherein T2 is from 15° to 45° larger than T1 (¶63); wherein the at least one screw is configured for insertion within at least one threaded aperture at a plurality of different insertion angles while achieving a locking engagement between the threaded head and the threaded aperture (¶58).
Regarding claim 2, Bosshard discloses the orthopedic implant system as set forth in claim 1, wherein the female threads of the aperture include an edge at the thread crest, and the thread edge at the major diameter describes a portion of a cylinder (each thread crest comes to an edge and in itself describes a portion of a cylinder).
Regarding claim 3, Bosshard discloses the orthopedic implant system as set forth in claim 2, wherein the aperture is a compound recess (FIG. 6) along the axis n and including a narrow necked portion (narrows above 36) that forms the annulus which includes the female threads and the underside of the aperture includes a widened mouth area (36) to accommodate the neck of the screw in wide angle insertions.
Regarding claim 4, Bosshard discloses the orthopedic implant system as set forth in claim 1, wherein the aperture has a compound opening (FIG. 6) including the annulus having an annulus configuration and joined to a mouth (36) in at least one of the first surface and the second surface.
Regarding claim 5, Bosshard discloses the orthopedic implant system as set forth in claim 4, wherein the annulus configuration is different from the head configuration (FIG. 11).
Regarding claim 6, Bosshard discloses the orthopedic implant system as set forth in claim 5, wherein the annulus configuration is cylindrical (each thread crest of the annulus comes to an edge and in itself describes a portion of a cylinder for at least a portion of the height of the aperture) and the head configuration decreases in diameter along a vertical axis.
Regarding claim 7, Bosshard discloses the orthopedic implant system as set forth in claim 5, wherein the annulus configuration decreases in diameter along a vertical axis and the head configuration decreases in diameter along a vertical axis at a different rate that the annulus configuration (FIG. 11).
Regarding claim 8, Bosshard discloses the orthopedic implant system as set forth in claim 7, wherein the annulus configuration is tapered at an angle of 4° to 20° and the head is tapered at an angle of from 2° and 35° relative to a central axis of the screw or of the aperture respectively (FIGS. 10-11).
Regarding claim 9, Bosshard discloses the orthopedic implant system as set forth in claim 1, wherein the annulus configuration is cylindrical (each thread crest of the annulus comes to an edge and in itself describes a portion of a cylinder for at least a portion of the height of the aperture) and the head configuration decreases in diameter along a vertical axis.
Regarding claim 10, Bosshard discloses the orthopedic implant system as set forth in claim 1, wherein the thread root of the aperture describes a helix (FIG. 3).
Regarding claim 11, Bosshard discloses the orthopedic implant system as set forth in claim 1, wherein the male locking threads of the screw head are tapered between a proximal end of the threaded head and a distal end of the threaded head (FIG. 8).
Regarding claim 12, Bosshard discloses the orthopedic implant system as set forth in claim 11, wherein male locking threads define a conical helix for at least 120° of the circumference of the screw head (FIG. 8).
Regarding claim 13, Bosshard discloses the orthopedic implant system as set forth in claim 12, wherein the male locking threads are at least a double lead thread (¶54).
Regarding claim 14, Bosshard discloses the orthopedic implant system as set forth in claim 1, wherein there are an odd number of recesses that interrupt the threads (FIG. 5).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLIVIA C CHANG whose telephone number is (571) 270-5017. The examiner can normally be reached Monday-Friday, 7:30AM-5:00PM.
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, KEVIN TRUONG, 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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/OLIVIA C CHANG/Primary Examiner, Art Unit 3775
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