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 .
Response to Arguments
Applicant’s arguments with respect to claims 1-11 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mathieu et al. (US 2005/0043736).
Regarding claim 1, Mathieu et al. disclose a method for repairing a bone, the method comprising positioning a plate (1) on a portion of the bone [0041]; positioning an insert (10) within an aperture (4) extending through the plate to define an insertion angle for a fastener [0041-0042]; and anchoring the fastener into the bone through an opening (11) extending through the insert such that a head (22) of the fastener (20) contacts an inner surface (15) of the opening [0034, 0039], and a continuous collar (18) 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 [0021, 0034, 0045].
Regarding claim 2, Mathieu et al. disclose the head (22) and inner surface (15) are each threaded (24, 15 [0039), and the anchoring step further comprises the head being threaded into the inner surface [0039].
Regarding claim 3, Mathieu et al. disclose the anchoring step further comprises the collar being configured to deform an inner surface defining the aperture [0019].
Regarding claim 4, Mathieu 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 [0033, 0041].
Regarding claim 5, Mathieu et al. disclose a slot (13) through the insert defines opposing insert ends, and compressing the insert includes abutting the insert ends towards one another 90033, 0041].
Regarding claim 6, Mathieu et al. disclose the step of, prior to the step of positioning the insert, orienting the slot with a groove (19’s form grooves) defined within the aperture [0041].
Regarding claim 7, Mathieu 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 (figure 2, [0019, 0021, 0034]. Regarding claim 8, Mathieu et al. disclose the inner surface (15) is tapered 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 [0036].
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 Mathieu et al. (US 2005/0043736) in view of Martin (US 2015/0327898).
Regarding claim 9, Mathieu 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 discloses 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 (156) 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 (157).
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, Mathieu 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, Mathieu 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 1-5, [0036]).
Allowable Subject Matter
Claims 12-17 and 20 are allowed.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anita Coupe can be reached at 571-270-3614. 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.
/MATTHEW J LAWSON/Primary Examiner, Art Unit 3619
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