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 July 14, 2026 is acknowledged.
Claims 24-30, 32, 36 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. As such, claims 1-4, 7-8, 11-12, 14-15, 35 are pending in the instant application.
Claim Objections
Claims 11, 12, 14, 15 are objected to because of the following informalities:
Claim 11 should properly recite “The fusion plate according to [[any preceding]] claim 8…”
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.
Claim 12 is 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 12 recites the limitation “in which a longitudinal axis of the plate is cranked dorsally towards the distal end thereof". As claimed, this appears to be a method step in a device claim, thereby making the metes and bounds of the claim unclear. Examiner recommends using functional language in this instance, i.e., “in which a longitudinal axis of the plate is configured to be cranked dorsally towards the distal end thereof".
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) 1-4, 7-8, 11-12, 14-15, 35 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Singh (US 2019/0183549).
Regarding claim 1, Singh discloses a fusion plate (FIGS. 5-6, 11-13) to assist fusion of a first bone and second bone comprising; a rigid elongated plate (500|600|1100|1200|1300) configured to span the joint between the first and second bones having a C-shaped profile (FIG. 12), a thickness of 0.5 to 1.5 mm, and a plurality of holes (508|608|1308) to receive bone-fixing screws (524|1231, 1232) to fix the plate to the first and second bones, wherein the plurality of holes include at least one proximal hole disposed on each side (508|608|1308) of a proximal end (left half, FIGS. 5A, 13) of the plate.
Regarding claim 35, Singh discloses the fusion plate according to Claim 1 wherein the at least one proximal hole disposed on each side of the proximal end of the plate is configured to receive proximal bone fixing screws in an orthogonal fixing screw configuration and at least one hole disposed on each side of a distal end of the plate configured to receive distal bone fixing screws in an orthogonal fixing screw configuration (FIGS. 5H, 12-13).
Regarding claim 2, Singh discloses the fusion plate according to Claim 35, in which the fusion plate has a C-shaped profile at a dorsal and medial side defined by the elongated plate (FIGS. 5H, 12-13).
Regarding claim 3, Singh discloses the fusion plate according to Claim 2, in which the fusion plate has a C-shaped profile along its length (FIGS. 5H, 12-13).
Regarding claim 4, Singh discloses the fusion plate according to Claim 3, in which the fusion plate has a C-shaped profile along its full length (FIGS. 5H, 12-13).
Regarding claim 7, Singh discloses the fusion plate according to Claim 4, including at least three proximal holes disposed on the proximal end of the plate (FIGS. 5A, 13) and at least three distal holes disposed on a distal end of the plate (FIGS. 5A, 6A, 13).
Regarding claim 8, Singh discloses the fusion plate according to Claim 7, in which the proximal holes are longitudinally staggered along the proximal end of the plate and the distal holes are longitudinally staggered along the distal end of the plate (FIGS. 5A, 6A).
Regarding claim 11, Singh discloses the fusion plate according to any preceding Claim 8, in which a longitudinal axis of the plate is linear (FIGS. 5A, 6A, 13).
Regarding claim 12, Singh discloses the fusion plate according to Claim 11, in which a longitudinal axis of the plate is capable to be cranked dorsally towards the distal end thereof (at weakened/narrowed sections of plate).
Regarding claim 14, Singh discloses the fusion plate according to Claim 12 further comprising a bridging intermediate section (at exact center of plate, FIG. 13) between the proximal and distal ends
Regarding claim 15, Singh discloses the fusion plate according to Claim 14, wherein the intermediate section comprises an articulatable joint (narrowed portion) so that the fusion plate is capable of being flexed about the articulatable joint.
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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