Prosecution Insights
Last updated: April 19, 2026
Application No. 18/922,556

Modular Instrument and Methods of Using and Manufacturing the Modular Instrument

Non-Final OA §102
Filed
Oct 22, 2024
Examiner
YANG, ANDREW
Art Unit
3775
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Howmedica Osteonics Corp.
OA Round
1 (Non-Final)
84%
Grant Probability
Favorable
1-2
OA Rounds
2y 10m
To Grant
94%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allow Rate
1078 granted / 1284 resolved
+14.0% vs TC avg
Moderate +10% lift
Without
With
+10.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
40 currently pending
Career history
1324
Total Applications
across all art units

Statute-Specific Performance

§101
3.0%
-37.0% vs TC avg
§103
32.1%
-7.9% vs TC avg
§102
37.9%
-2.1% vs TC avg
§112
13.6%
-26.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1284 resolved cases

Office Action

§102
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 . 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. Claim(s) 17- is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dmuschewsky et al. (U.S. Publication No. 2015/0141160). Dmuschewsky et al. discloses a method of using an instrument comprising: inserting a first end (A) of a shaft (Figure 8) into an internal opening (5) of an extension piece (3), the insertion step comprising; positioning the shaft so that a radial protrusion (C) of the shaft is on a first side of a projection (13) extending radially inward into the internal opening of the extension piece (Figure 8); advancing the radial protrusion along a ramp (25) formed by a first surface of the projection as the extension piece deforms; and passing the radial protrusion of the shaft from a first side of a second surface of the projection to a second opposing side of the surface of the projection so that the extension piece return to a non-deformed state (Figure 8). Regarding claim 18, after the step of passing the radial protrusion of the shaft from the first side of the second surface of the projection to the second opposing side, the shaft is prevented from being removed from the extension piece (paragraph 41). Regarding claim 19, the method further comprising: inwardly pressing an opposing pair of tabs (15) (17, 18, 19) included on the extension piece to elastically deform the extension piece and the opening defined by the extension piece (paragraph 34). Regarding claim 20, after the step of inwardly pressing the opposing pair of tabs, withdrawing the shaft from the extension piece to decouple the shaft from the extension piece while the extension piece is elastically deformed (paragraph 34). Allowable Subject Matter Claims 1-16 allowed. The following is a statement of reasons for the indication of allowable subject matter: The prior art alone or combination fails to disclose a shaft having a first portion and an end portion. The end portion having a cross-sectional diameter less than the first portion. The first portion having a radial protrusion to be removably engaged with an extension piece. The extension piece having an opening to receive the shaft end with the radial protrusion. The opening defined by a pair of arms, each arm having a protrusion extending into the opening. The pair of arms are elastically deformably such that when the shaft is inserted, the radial protrusion passes the projections to push the arms apart from their neutral position. When the protrusion passes the projections, the arms are moved back into the neutral position to prevent backout. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW YANG whose telephone number is (571)272-3472. The examiner can normally be reached 9:00 - 9:00 M-F. 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. /ANDREW YANG/Primary Examiner, Art Unit 3775
Read full office action

Prosecution Timeline

Oct 22, 2024
Application Filed
Feb 27, 2026
Non-Final Rejection — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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2y 5m to grant Granted Apr 14, 2026
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Patent 12599423
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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
84%
Grant Probability
94%
With Interview (+10.4%)
2y 10m
Median Time to Grant
Low
PTA Risk
Based on 1284 resolved cases by this examiner. Grant probability derived from career allow rate.

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