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 .
Information Disclosure Statement
Applicant should note that the large number of references in the attached IDSs (12/13/2024) have been considered by the examiner in the same manner as other documents in Office search files are considered by the examiner while conducting a search of the prior art in a proper field of search. See MPEP 609.05(b). Applicant is requested to point out any particular references in the IDS which they believe may be of particular relevance to the instant claimed invention in response to this office action.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 1-3, 7-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pursley et al. (US Patent 5,180,380).
With respect to claim 1, Pursley discloses an external fixation frame system (see figures 1a-d and 6 below), comprising: a first ring (fig 6, 60) extending along a first plane and having a plurality of first apertures (see fig 6 below) extending through the first ring in a direction orthogonal to the first plane; a second ring (fig 6, 60) extending along a second plane and having a plurality of second apertures (See fig 6 below) extending through the second ring in a direction orthogonal to the second plane; and a telescopic strut (fig 6, 20 and fig 1a and c) including: a first joint see fig 6 below) proximate a first end of the strut, the first joint adapted to be coupled to the first ring via one of the plurality of first apertures (fig 6); a second joint (see fig 6 below) proximate a second end of the strut opposite the first end, the second joint adapted to be coupled to the second ring via one of the plurality of second apertures (fig 6); a threaded rod (see fig 1a below) extending between the first joint and the second joint; a tube (see fig 1a below) extending between the first joint and the second joint, the tube including a hollow portion (fig 1a) adapted to receive the threaded rod; and an actuator (fig 1c, 16) including a plurality of gear teeth (gear 16), the gear teeth being exposed for manual rotation in a first operable condition of the actuator; and a modular attachment member (fig 1, 10) adapted to be removably coupled (connected by mount 14, col. 4, ll. 33) to the actuator of the strut, the modular attachment member including gear teeth (fig 1a, 15) adapted to engage the gear teeth of the actuator in a second operable condition of the actuator, wherein the first operable condition of the actuator is configured for manual actuation, and the second operable condition of the actuator is configured for motorized actuation (col. 4, ll. 49-56 discusses changing between a manual operation mode and an motorized automatic mode).
With respect to claim 2, Pursley discloses wherein the telescopic strut is a first one of six telescopic struts (fig 13a shows up to 8 motors and struts can be included), and the modular attachment member is a first one of six modular attachment members (fig 6 shows each strut having an attachment).
With respect to claim 3, Pursley discloses wherein in an assembled condition of the external fixation frame system, the six telescopic struts couple the first ring to the second ring, and the external fixation frame system is transitionable between (i) a manual mode of operation in which the actuators of the six struts are all in the first operable condition, and (ii) a motorized mode of operation in which each of the six modular attachments members is coupled to a respective one of the six struts so that the six struts are all in the second operable condition (col. 4, ll. 49-56 discloses toggling between manual and automatic modes).
With respect to claim 7, Pursley discloses wherein each of the six struts includes a strut identifier (fig 13A, serial numbers for each part).
With respect to claim 8, Pursley discloses wherein the strut identifier of each of the six struts is different than the strut identifier of each of the other struts (Serial numbers included).
With respect to claim 9, Pursley discloses wherein each of the six modular attachment members includes visual indicia (Serial numbers).
With respect to claim 10, Pursley discloses wherein the visual indicia of each of the six modular attachments members is different than the visual indicia of each of the other modular attachment members (Serial numbers).
With respect to claim 11, Pursley discloses wherein the visual indicia of each of the six modular attachments members has a matching correspondence to the strut identifier of a respective one of the six struts (fig 13a, data for each strut and col.6, ll. 11-26).
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Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 4-6, and 12-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pursley et al. (US Patent 5,180,380) in view of Murray et al. (US Patent 8,864,763).
With respect to claims 4-6, Pursley discloses the claimed invention except for wherein the first ring includes a plurality of first extension tabs, and the second ring includes a plurality of second extension tabs (claim 4) wherein some of the plurality of first apertures are formed in the plurality of first extension tabs, and some of the plurality of second apertures are formed in the plurality of second extension tabs (claim 5) and wherein in the assembled condition of the external fixation frame system, the first joints of the six struts are attached to the plurality of first extension tabs, and the second joints of the six struts are attached to the plurality of second extension tabs (claim 6).
Murray discloses wherein the first ring(fig 1, 22) includes a plurality of first extension tabs (fig 2, 56), and the second ring (fig 1, 22) includes a plurality of second extension tabs (fig 2, 56), wherein some of the plurality of first apertures (see fig 1 below) are formed in the plurality of first extension tabs, and some of the plurality of second apertures (see fig 1 below) are formed in the plurality of second extension tabs and wherein in the assembled condition of the external fixation frame system, the first joints of the six struts are attached to the plurality of first extension tabs (See fig below), and the second joints of the six struts are attached to the plurality of second extension tabs (See fig 1 below) to provide varying diameter circles to place the struts (col. 9, ll. 10) to provide flexibility in assembly (col. 9, ll. 55).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Pursley to include wherein the first ring includes a plurality of first extension tabs, and the second ring includes a plurality of second extension tabs wherein some of the plurality of first apertures are formed in the plurality of first extension tabs, and some of the plurality of second apertures are formed in the plurality of second extension tabs and wherein in the assembled condition of the external fixation frame system, the first joints of the six struts are attached to the plurality of first extension tabs, and the second joints of the six struts are attached to the plurality of second extension tabs in view of Murray in order to provide varying diameter circles to place the struts to provide flexibility in assembly.
With respect to claims 12-14, Pursley discloses the claimed invention except for wherein the first joint includes a first borehole extending in the direction orthogonal to the first plane when the first joint is coupled to the first ring (claim 12) further comprising a first fastener adapted to extend through one of the first apertures in the first ring in the direction orthogonal to the first plane and into the first borehole of the first joint to rotatably fix the first joint about a longitudinal axis of the threaded rod (claim 13) wherein the first joint includes a second borehole extending substantially orthogonally to the first borehole, the second borehole adapted to receive a tool therein to prevent rotation of the first joint about the longitudinal axis of the threaded rod as the first fastener is coupled within the first borehole (claim 14).
Murray discloses (see fig 6A below) wherein the first joint (see fig 6A, 66) includes a first borehole (see fig 6A below) extending in the direction orthogonal to the first plane when the first joint is coupled to the first ring further comprising a first fastener (fig 1A, 14) adapted to extend through one of the first apertures in the first ring in the direction orthogonal to the first plane and into the first borehole of the first joint to rotatably fix the first joint about a longitudinal axis of the threaded rod(fig 1A) wherein the first joint includes a second borehole (fig 6A, 426) extending substantially orthogonally to the first borehole, the second borehole adapted to receive a tool (fig 6A, 428) therein to prevent rotation of the first joint about the longitudinal axis of the threaded rod as the first fastener is coupled within the first borehole to allow for positioning the strut to the ring (col. 24, 1-9).
With respect to claim 18, Murray discloses the first joint is a universal joint (col. 18, ll. 59).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Pursley to include wherein the first joint includes a first borehole extending in the direction orthogonal to the first plane when the first joint is coupled to the first ring (claim 12) further comprising a first fastener adapted to extend through one of the first apertures in the first ring in the direction orthogonal to the first plane and into the first borehole of the first joint to rotatably fix the first joint about a longitudinal axis of the threaded rod (claim 13) wherein the first joint includes a second borehole extending substantially orthogonally to the first borehole, the second borehole adapted to receive a tool therein to prevent rotation of the first joint about the longitudinal axis of the threaded rod as the first fastener is coupled within the first borehole (claim 14) in view of Murray in order to allow for positioning the strut to the ring.
With respect to claims 15-17 Pursley discloses the claimed invention except for wherein the second joint includes a third borehole extending in the direction orthogonal to the second plane when the second joint is coupled to the second ring (claim 15) further comprising a second fastener adapted to extend through one of the second apertures in the second ring in the direction orthogonal to the second plane and into the third borehole of the second joint to rotatably fix the second joint and the tube about a longitudinal axis of the threaded rod (claim 16) wherein the second joint includes a fourth borehole extending substantially orthogonally to the third borehole, the fourth borehole adapted to receive a tool therein to prevent rotation of the second joint and the tube about the longitudinal axis of the threaded rod as the second fastener is coupled within the third borehole (claim 17).
Murray discloses the second joint (fig 6A, 64) includes a third borehole (fig 6A, 350) extending in the direction orthogonal to the second plane when the second joint is coupled to the second ring fig 1) further comprising a second fastener (fig 1, 14) adapted to extend through one of the second apertures in the second ring in the direction orthogonal to the second plane and into the third borehole of the second joint to rotatably fix the second joint and the tube about a longitudinal axis of the threaded rod (fig 1) wherein the second joint includes a fourth borehole (fig 6A, 326) extending substantially orthogonally to the third borehole, the fourth borehole adapted to receive a tool (fig 6A, 328) therein to prevent rotation of the second joint and the tube about the longitudinal axis of the threaded rod as the second fastener is coupled within the third borehole to allow for positioning the strut to the ring (col. 24, 1-9).
With respect to claim 19, Murray discloses the second joint is a universal joint (col. 17, ll. 10).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Pursley to include wherein the second joint includes a third borehole extending in the direction orthogonal to the second plane when the second joint is coupled to the second ring (claim 15) further comprising a second fastener adapted to extend through one of the second apertures in the second ring in the direction orthogonal to the second plane and into the third borehole of the second joint to rotatably fix the second joint and the tube about a longitudinal axis of the threaded rod (claim 16) wherein the second joint includes a fourth borehole extending substantially orthogonally to the third borehole, the fourth borehole adapted to receive a tool therein to prevent rotation of the second joint and the tube about the longitudinal axis of the threaded rod as the second fastener is coupled within the third borehole (claim 17) in view of Murray in order to allow for positioning the strut to the ring.
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Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pursley et al. (US Patent 5,180,380) in view of Singh et al. (US Pub 2014/0058389).
With respect to claim 20, Pursley discloses the claimed invention except for wherein in an assembled condition of the external fixation system, the first joint is coupled to the first ring by a first offset plate so that the first joint is positioned radially outward of the first ring and the second joint is coupled to the second ring by a second offset plate so that the second joint is positioned radially outward of the second ring.
Singh discloses wherein in an assembled condition of the external fixation system (fig 1), the first joint (See fig 1 below) is coupled to the first ring (see fig 1 below) by a first offset plate (fig 1, 700) so that the first joint is positioned radially outward of the first ring and the second joint (See fig 1 below) is coupled to the second ring (See fig 1 below) by a second offset plate (See fig 1 below) so that the second joint is positioned radially outward of the second ring (fig 1) to allow for adjustable coupling of the struts to the ring (paragraph 67).
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It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Pursley to include wherein in an assembled condition of the external fixation system, the first joint is coupled to the first ring by a first offset plate so that the first joint is positioned radially outward of the first ring and the second joint is coupled to the second ring by a second offset plate so that the second joint is positioned radially outward of the second ring in view of Singh in order to allow for adjustable coupling of the struts to the ring.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20120303029 A1 discloses an external fixation system with a gear actuator
US 20020010465 A1 discloses an external fixation system with a gear actuator
US 8506566 B2 discloses an external fixation system with a gear actuator
US 9717530 B1 discloses an external fixation system with a gear actuator
US 4615338 A discloses an external fixation system with a gear actuator
US 5601551 A discloses an external fixation system with a gear actuator
US 6030386 A discloses an external fixation system with a gear actuator
US 4308863 A discloses an external fixation system with a gear actuator
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN J COTRONEO whose telephone number is (571)270-7388. The examiner can normally be reached Monday-Friday 9am-5pm EST.
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/S.J.C/ Examiner, Art Unit 3773
/JULIANNA N HARVEY/ Primary Examiner, Art Unit 3773
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