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]).
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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.
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/CHRISTOPHER J BECCIA/Primary Examiner, Art Unit 3775
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