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 18 is objected to because of the following informalities: Applicant uses the term “the second shend portion”. This should read “the second end portion”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
Claims 15 and 18 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 15 recites the limitation "the first shaft region" in line 1. There is insufficient antecedent basis for this limitation in the claim.
For the purpose of examination, the limitation has been interpreted to read “a first shaft region”.
Claim 18 recites the limitation "the second shaft region" in line 2. There is insufficient antecedent basis for this limitation in the claim.
For the purpose of examination, the limitation has been interpreted to read “a second shaft region”.
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.
(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.
Claims 1, 11 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Forstein et al. (US 2006/0173458).
Regarding claim Forstein et al. disclose a femur plate (50) configured to project from a trochanter region to a condyle region of a femur, the femur plate comprising at least one first opening (62, see figure below) configured to receive a bone fastener for attachment of the femur plate to the condyle region (¶72-74, figure 6); a plurality of second openings (62’s and 94’s) configured to receive a bone fastener for attachment of the femur plate to a shaft region of the femur (¶71, ¶74-75); and an elongated shaft portion (54) extending along a center line (99) and comprising the plurality of second openings (figure 1), wherein the elongated shaft portion is convexly shaped along its lateral extension to conform to the shaft region of the femur (figures 3, 5-6), the elongated shaft portion comprises a proximal shaft region (see figure below), a central shaft region (see figure below) with multiple of the plurality of second openings (Figure3), and a distal shaft region (see figure below), and at least one of the proximal shaft region of the elongated shaft or the distal shaft region of the elongated shaft comprises an elongated hole (94) extending along the center line, the elongated hole being configured to, i.e. capable of, receive a bone fastener for movably pre-fixing the femur plate to the femur (the device is capable as the functionally claimed fastener can be threaded into the non-locking screw aspect of the elongated hole to allow for temporary movable connection to the plate).
Regarding claim 11, Forstein et al. disclose a second end of the femur plate is club-shaped and angled laterally relative to a longitudinal extension of the elongate shaft portion towards a medial condyle (figure 6).
Regarding claim 19, Forstein et al. disclose a periprosthetic implant system comprising at least one implant (68, figure 6) configured to be implanted in a region of one of a trochanter and a condyle of a femur; and a femur plate (50) comprising at least one first opening (62, see figure below) configured to receive a bone fastener for attachment of the femur plate to the condyle region (¶72-74, figure 6); a plurality of second openings (62’s and 94’s) configured to receive a bone fastener for attachment of the femur plate to a shaft region of the femur (¶71, ¶74-75); and an elongated shaft portion (54) extending along a center line (99) and comprising the plurality of second openings (figure 1), wherein the elongated shaft portion is convexly shaped along its lateral extension to conform to the shaft region of the femur (figure 3, 5-6), the elongated shaft portion comprises a proximal shaft region (see figure below), a central shaft region (see figure below) with multiple of the plurality of second openings, and a distal shaft region (see figure below), and at least one of the proximal shaft region of the elongated shaft and the distal shaft region of the elongated shaft comprises an elongated hole (94) extending along the center line, the elongated hole being configured to receive a bone fastener for movably pre-fixing the femur plate to the femur (the device is capable as the functionally claimed fastener can be threaded into the non-locking screw aspect of the elongated hole to allow for temporary movable connection to the plate).
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Claims 1, 3-7, 10, 19, 21-24 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Koay et al. (US 2018/0256221).
Regarding claim 1, Koay et al. disclose a femur plate (100) configured to project from a trochanter region to a condyle region of a femur, the femur plate comprising at least one first opening (see figure below) configured to receive a bone fastener for attachment of the femur plate to the condyle region (capable is in placed in the region of the femoral condyle); a plurality of second openings (114, 116, 118) configured to receive a bone fastener for attachment of the femur plate to a shaft region of the femur (¶20); and an elongated shaft portion (see figure below) extending along a center line (considered the central longitudinal axis) and comprising the plurality of second openings, wherein the elongated shaft portion is convexly shaped (figure 3, ¶19) along its lateral extension to conform to the shaft region of the femur (figure 3, ¶19), the elongated shaft portion comprises a proximal shaft region (see figure below), a central shaft region (see figure below) with multiple of the plurality of second openings, and a distal shaft region (see figure below), and at least one of the proximal shaft region of the elongated shaft or the distal shaft region of the elongated shaft comprises an elongated hole (142) extending along the center line, the elongated hole being configured to receive a bone fastener for movably pre-fixing the femur plate to the femur (the device is capable as the functionally claimed fastener can be threaded into the non-locking screw aspect of the elongated hole to allow for temporary movable connection to the plate). Regarding claim 3, Koay et al. disclose no elongated hole is arranged within the central shaft region (see figure below)
Regarding claim 4, Koay et al. disclose at least one third opening (110a or 110b or 132) is arranged in a first end of the femur plate (102) to receive a bone fastener for insertion into a femur neck (¶18/¶32). Regarding claim 5, Koay et al. disclose a first end of the femur plate (108) comprises a tapering tip (102) that extends upwardly from the elongate shaft to conform to the trochanter region (figure 3, ¶12).
Regarding claim 6, Koay et al. disclose at least one third opening is centrally located in the tapering tip (figure 4).
Regarding claim 7, Koay et al. disclose a first end of the femur plate comprises a hook or spike (106, ¶31) configured to be inserted into trochanter bone.
Regarding claim 10, Koay et al. disclose at least one of the at least one first opening, the at least one third opening, or at least one of the plurality of second openings comprises a locking structure for locking a bone fastener received through that opening at a selected angle to the femur plate (¶32).
Regarding claim 19, Koay et al. disclose a periprosthetic implant system comprising at least one implant (“locking screw” ¶18) configured to be implanted in a region of one of a trochanter and a condyle of a femur (¶18); and a femur plate (100) comprising at least one first opening (see figure below) configured to receive a bone fastener for attachment of the femur plate to the condyle region (capable is in placed in the region of the femoral condyle); a plurality of second openings (114, 116, 118) configured to receive a bone fastener for attachment of the femur plate to a shaft region of the femur (¶20); and an elongated shaft portion (see figure below) extending along a center line (considered the central longitudinal axis) and comprising the plurality of second openings, wherein the elongated shaft portion is convexly shaped (figure 3, ¶19) along its lateral extension to conform to the shaft region of the femur (¶19), the elongated shaft portion comprises a proximal shaft region (see figure below), a central shaft region (see figure below) with multiple of the plurality of second openings, and a distal shaft region (see figure below), and at least one of the proximal shaft region of the elongated shaft and the distal shaft region of the elongated shaft comprises an elongated hole (142’s) extending along the center line, the elongated hole being configured to receive a bone fastener for movably pre-fixing the femur plate to the femur (the device is capable as the functionally claimed fastener can be threaded into the non-locking screw aspect of the elongated hole to allow for temporary movable connection to the plate).
Regarding claim 21, Koay et al. disclose wherein no elongated hole is arranged within the central shaft region (see figure below).
Regarding claim 22, Koay et al. disclose the femur plate further comprises at least one third opening (132, figure 4) is arranged in a first end of the femur plate to receive a bone fastener for insertion into a femur neck.
Regarding claim 23, Koay et al. disclose the at least one third opening of the femur plate is arranged in the femur plate such that a bone fastener inserted through that opening does not touch the implant in its implanted state (does not touch as the screws are separate and distinct and do not touch one another due to their spacing).
Regarding claim 24, Koay et al. disclose at least one of the at least one first opening, at least one of the plurality of second openings, or the at least one third opening comprises a locking structure for locking a bone fastener received through that opening at a selected angle to the femur plate, and wherein selectable angles for a particular plate opening define a cone that does not touch the implant in its implanted state (¶22).
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Allowable Subject Matter
Claims 2, 8-9, 12-14, 16-17 and 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 15 and 18 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: None of the cited art, see attached PTO-892, teaches or disclose both a first end portion anatomically pre-formed to conform to a convex surface of a greater trochanter of a femur and a second end portion anatomically pre-formed to conform to a convex surface of a lateral condyle of the femur as required by claims 2 and 20 from which claims 8-9, 12-14 and 16-17 depend therefrom.
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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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.
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/MATTHEW J LAWSON/Primary Examiner, Art Unit 3619