Prosecution Insights
Last updated: October 21, 2026
Application No. 19/030,114

BONE POSITIONING AND PREPARING GUIDE SYSTEMS AND METHODS

Non-Final OA §101§102
Filed
Jan 17, 2025
Priority
Aug 14, 2015 — provisional 62/205,338 +8 more
Examiner
BECCIA, CHRISTOPHER J
Art Unit
3775
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Treace Medical Concepts Inc.
OA Round
1 (Non-Final)
84%
Grant Probability
Favorable
1-2
OA Rounds
1y 0m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allowance Rate
1228 granted / 1471 resolved
+13.5% vs TC avg
Moderate +14% lift
Without
With
+14.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
42 currently pending
Career history
1516
Total Applications
across all art units

Statute-Specific Performance

§101
1.7%
-38.3% vs TC avg
§103
57.7%
+17.7% vs TC avg
§102
19.5%
-20.5% vs TC avg
§112
7.7%
-32.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1471 resolved cases

Office Action

§101 §102
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 . Double Patenting A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957). A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101. Claims 1-8 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-8 of prior U.S. Patent No. 9,622,805. This is a statutory double patenting rejection. Claims 9-13 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1, 2, 7, 8, and 4 of prior U.S. Patent No. 9,936,994. This is a statutory double patenting rejection. 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 14 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Pub. No. 2011/0178524 to Lawrence et al. As to Claim 14, Lawrence discloses a bone preparation guide (12, [0003]). The guide comprises a body (242) with a first guide surface (30, seen in Fig. 3B, below) to define a first preparing plane [0032-0033] and a second guide surface (30, seen in Fig. 3B, below) to define a second preparing plane [0032-0033], the first and second guide surfaces being spaced from each other by a distance (seen in Fig. 3B), and an opening (360) disposed between the first and second guide surfaces (Fig. 3B, [0056]), and a first end (30, seen in Fig. 3B, below) extending from the body (242) in a first direction (Fig. 3B) and a second end (30, seen in Fig. 3B, below) extending from the body (242) in a second direction (Fig. 3B), the second direction being different than the first direction (Fig. 3B), each of the first end and the second end including a fixation aperture (362) configured to receive a fixation pin (24, seen in Fig. 1A, [0056]). PNG media_image1.png 336 565 media_image1.png Greyscale Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER J BECCIA whose telephone number is (571)270-7391. The examiner can normally be reached Mon - Fri 8:30-5:00. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kevin Truong can be reached at 571-272-4705. 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. /CHRISTOPHER J BECCIA/Primary Examiner, Art Unit 3775
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Prosecution Timeline

Jan 17, 2025
Application Filed
Aug 06, 2026
Non-Final Rejection mailed — §101, §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12758264
External Fixator, Kit Comprising the Same, and Method of Fixation
2y 8m to grant Granted Oct 13, 2026
Patent 12758324
Systems And Methods For Surgical Navigation
2y 0m to grant Granted Oct 13, 2026
Patent 12758288
FASTENING DEVICES, SYSTEMS, AND METHODS
1y 11m to grant Granted Oct 13, 2026
Patent 12751830
KNEE-JOINT ENDOPROSTHESIS
2y 10m to grant Granted Oct 06, 2026
Patent 12745996
SURGICAL SYSTEM AND METHOD
4y 7m to grant Granted Sep 29, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
84%
Grant Probability
98%
With Interview (+14.0%)
2y 9m (~1y 0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1471 resolved cases by this examiner. Grant probability derived from career allowance rate.

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