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 Objections
Claim 12 is objected to because of the following informalities: Applicant uses the phrase “extending though the insert”. This should read “extending through the insert”. Appropriate correction is required.
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.
Claims 1-8 and 12-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Castaneda et al. (US 2009/0088807).
Regarding claim 1, Castaneda et al. disclose a method for repairing a bone, the method comprising positioning a plate (12) on a portion of the bone (¶18-19); positioning an insert (16) within an aperture (14) extending through the plate to define an insertion angle for a fastener (e.g. 18, ¶20, ¶32); and anchoring the fastener into the bone through an opening (28) extending through the insert such that a head (32, figure 2) of the fastener contacts an inner surface (20) of the opening, a collar (spikes 36’s which extend circumferentially around the perimeter of the outer surface form a spiked collar, figure 4) extending along a perimeter of an outer surface of the insert restricts rotation of the insert within the aperture and the fastener is locked to the insert and relative to the plate (¶27).
Regarding claim 2, Castaneda et al. disclose the head and inner surface are each threaded (34, 44), and the anchoring step further comprises the head being threaded into the inner surface (figure 1, ¶27).
Regarding claim 3, Castaneda et al. disclose the anchoring step further comprises the collar being configured to deform an inner surface defining the aperture (¶28).
Regarding claim 4, Castaneda et al. disclose the step of positioning the insert further comprises compressing the insert to reduce a width of the insert for placement within the aperture (¶20).
Regarding claim 5, Castaneda et al. disclose a slot (26) through the insert defines opposing insert ends (figure 4), and compressing the insert includes abutting the insert ends towards one another (¶20).
Regarding claim 6, Castaneda et al. disclose the step of, prior to the step of positioning the insert, orienting the slot with a groove (22) defined within the aperture (¶32).
Regarding claim 7, Castaneda et al. disclose the anchoring step further comprises the collar being configured to contact an upper end surface and a lower end surface of the plate within the aperture to restrict vertical rotation of the insert within the aperture about a longitudinal axis passing through the aperture (¶21). Regarding claim 8, Castaneda et al. disclose the inner surface is tapered (¶21) such that a first portion of the inner surface intersecting a top surface of the plate has a larger perimeter than a second portion of the inner surface intersecting a bottom surface of the plate (figure 1, ¶21).
Regarding claim 12, Castaneda et al. disclose a method for repairing a bone, the method comprising positioning a plate (12) on a portion of the bone (¶18-19) including an insert (16) disposed within an aperture (14) extending through the plate; anchoring a fastener (18) into the bone through an opening (28) extending though the insert (¶27-28), wherein the fastener rotates the insert about a longitudinal axis (Ap, figure 1) passing through the aperture, and the plate restricts movement of the insert along the longitudinal axis (¶22).
Regarding claim 13, Castaneda et al. disclose a collar (spikes 36’s which extend circumferentially around the perimeter of the outer surface form a spiked collar, figure 4) extends along a perimeter of an outer body of the insert (figure 4), and the anchoring step further includes the collar contacting the plate to restrict movement of the insert along the longitudinal axis (¶27-28).
Regarding claim 14, Castaneda et al. disclose the anchoring step further comprises the collar being configured to contact an upper end surface and a lower end surface of the plate each extending towards the longitudinal axis within the aperture (figure 1, ¶21). Regarding claim 15, Castaneda et al. disclose the anchoring step further comprises the collar being configured to deform an inner surface defining the aperture (¶28).
Regarding claim 16, Castaneda et al. disclose the anchoring step further comprises a head (32, figure 2) of the fastener being threaded into an inner surface defining the opening of the insert (figure 1, via 34 and 44, ¶27).
Regarding claim 17, Castaneda et al. disclose a method for repairing a bone, the method comprising positioning a plate (12) on a portion of the bone (¶18-19); compressing an insert (16) from a rest condition to a compressed condition (¶20, ¶32); positioning the insert while in the compressed condition within an aperture (14) extending through the plate (¶20, ¶32); and anchoring a fastener (18) into the bone through an opening (28) extending through the insert, wherein the insert returns to the rest position after being positioned within the aperture and the fastener is locked to the insert and the insert is locked to the plate (¶20, ¶27-28, ¶32).
Regarding claim 18, Castaneda et al. disclose the step of compressing the insert further comprises abutting insert ends defining a slot (26) through the insert towards one another.
Regarding claim 19, Castaneda et al. disclose the step of positioning the insert further comprises orienting the slot within a groove (20) defined within the aperture (¶32).
Regarding claim 20, Castaneda et al. disclose the anchoring step further comprises a head of the fastener (32) being threaded (44) into an inner surface (34) defining the opening of the insert (¶27, figures 1, 4).
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.
Claims 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Castaneda et al. (US 2009/0088807) in view of Martin (US 2015/0327898).
Regarding claim 9, Castaneda et al. disclose the claimed invention except for the inner surface includes a first unthreaded section and first and second threaded sections, each of the unthreaded and the threaded sections having portions extending along a perimeter of the inner surface.
Martin disclose a threaded opening with a plate having a first unthreaded section (5, figures 2-3) and first (threaded section to the “right” of 5) and second (threaded section to the “left” of 5) threaded section, each of the unthreaded and threaded sections having portions extending along a perimeter of the inner surface (figures 2-3 and 7-9). The unthreaded section allows for a plurality of possible implantation directions of the screw within the opening (¶56) as well as the ability to allow for a slight deformation by the presence of the unthreaded sections allowing for complete interlocking between the threads of the opening and the threads of the screw head (¶57). Accordingly, it would have been obvious to one of ordinary skill in the art at the time of filing to have constructed the inner surface of the opening of the insert to have an unthreaded section diving the threaded section into at least two sections as taught by Martin as the unthreaded section allows for a plurality of possible implantation directions of the screw within the opening as well as the ability to allow for a slight deformation by the presence of the unthreaded sections allowing for complete interlocking between the threads of the opening and the threads of the screw head.
Regarding claim 10, Castaneda et al. in view of Martin disclose at least a portion of the first unthreaded section being between the first and the second threaded sections (figures 2-3 of Martin) is within a first plane orthogonal to a longitudinal axis passing through the insert (figures 2-3 of Martin).
Regarding claim 11, Castaneda et al. disclose the first threaded section tapers along a portion of the inner surface relative to a longitudinal axis passing through the insert (figures 1, 4 ¶21).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW JAMES LAWSON whose telephone number is (571)270-7375. The examiner can normally be reached Mon - Fri 6:30-3:00.
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/MATTHEW J LAWSON/Primary Examiner, Art Unit 3619