Detailed Action
This office action is for US application number 19/067,949 evaluates the claims as filed on December 28, 2025.
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on December 28, 2025 has been entered.
Response to Arguments
Applicant’s arguments with respect to claims 1-20 have been considered but are moot because the arguments do not apply to any of the references being used in the current rejection.
Claim Objections
Claim(s) 1, 8, 14, 21, and 25 is/are objected to because of the following informalities:
Claim 1 lines 2-4 should read “the bone comprising an interior surface facing toward an interior body cavity of the patient[[,]] and an exterior surface facing away from the interior body cavity”.
Claim 8 lines 3-4 should read “the bone comprising an interior surface facing toward an interior body cavity of the patient[[,]] and an exterior surface facing away from the interior body cavity”.
Claim 8 line 16-17 should read “a second longitudinal axis[[,]] extending along a longest extent”.
Claim 14 lines 3-4 should read “the bone comprising an interior surface facing toward an interior body cavity of the patient[[,]] and an exterior surface facing away from the interior body cavity”.
Claim 21 lines 2-4 should read “the bone comprising an interior surface facing toward an interior body cavity of the patient[[,]] and an exterior surface facing away from the interior body cavity”.
Claim 25 lines 2-4 should read “the bone comprising an interior surface facing toward an interior body cavity of the patient[[,]] and an exterior surface facing away from the interior body cavity”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim(s) 7 is/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 pre-AIA the applicant regards as the invention.
Claim(s) 7 is/are unclear with regards to “each configured to receive” in line 2. Examiner is interpreting this as referring to, and suggests amending as, “comprising four locking nuts, each of the locking nuts configured to receive”.
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.
Claim(s) 1, 5, 6, 8, 12, 21, and 24 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chapman et al. (US 5,364,398, hereinafter “Chapman”).
As to claim 1, Chapman discloses a fracture plating system (69, 101, 103, col. 15 lines 46-56) capable of stabilizing a first fracture and a second fracture of a bone of a patient (when positioned appropriately, col. 15 lines 46-56 discloses use for fracture treatment with 1-2 screws in each aperture/slot, col. 16 line 64 – col. 17 line 4 discloses that the substantial allowed angulation of screws within the plate enhances capabilities for fixation of oblique and complex fractures and increases the number of bone fragments that can be direction gripped by a screw), the bone comprising an interior surface facing toward an interior body cavity of the patient (if one so chooses to position the system on such a bone) and an exterior surface facing away from the interior body cavity (if one so chooses to position the system on such a bone), the fracture plating system comprising: a plate (69) capable of being placed on the interior surface (if one so chooses to position the system on such a bone, Figs. 9, 10, and 14, col. 15 lines 46-56 discloses that 69 can be used by itself as a conventional bone plate), the plate comprising one or more slots (79, 80, 85, Figs. 9 and 14, col. 14 lines 58-59) and capable of spanning the first fracture and the second fracture (when positioned appropriately, col. 15 lines 46-56 discloses use for fracture treatment with 1-2 screws in each aperture/slot, col. 16 line 64 – col. 17 line 4 discloses that the substantial allowed angulation of screws within the plate enhances capabilities for fixation of oblique and complex fractures and increases the number of bone fragments that can be direction gripped by a screw); and four fasteners (101s, 103s, Figs. 12A-14, col. 15 lines 46-56 discloses use for fracture treatment with the 6 apertures elongated to be able to receive 1-2 screws in each aperture/slot) each capable of being received in the bone and in one of the one or more slots (Figs. 12A-14, col. 15 lines 46-56, col. 15 lines 5-14) capable of securing the plate to the interior surface of the bone (Figs. 12A-14); wherein: the four fasteners are capable of being received in the bone on opposite sides of each of the first fracture and the second fracture (when positioned appropriately, col. 15 lines 46-56 discloses use for fracture treatment with 1-2 screws in each aperture/slot, col. 16 line 64 – col. 17 line 4 discloses that the substantial allowed angulation of screws within the plate enhances capabilities for fixation of oblique and complex fractures and increases the number of bone fragments that can be direction gripped by a screw); each of the four fasteners comprises a head portion (93) and a first threaded portion (lower portion, i.e. adjacent the free end of the shank, as show in Figs. 12A and 12B, Figs. 12A and 12B, col. 16 lines 10-11) extending from the head portion (Figs. 12A and 12B ); and each of the one or more slots is capable of threadably receiving the first threaded portions (Figs. 9, 12A, 12B, and 14) so that the four fasteners are capable of being captive within the one or more slots (at least when the screws are threaded into bone); and with the plate secured to the interior surface of the bone, the first threaded portion is spaced apart from the plate (Figs. 9, 12A, 12B, and 14).
As to claim 5, Chapman discloses that each of the one or more slots is capable of spanning at least one of the first fracture and the second fracture (when positioned appropriately, col. 15 lines 46-56 discloses use for fracture treatment with 1-2 screws in each aperture/slot, col. 16 line 64 – col. 17 line 4 discloses that the substantial allowed angulation of screws within the plate enhances capabilities for fixation of oblique and complex fractures and increases the number of bone fragments that can be direction gripped by a screw).
As to claim 6, Chapman discloses that each of the one or more slots is capable of receiving at least two of the four fasteners (col. 15 lines 46-56 discloses 6 apertures elongated to be able to receive 1-2 screws in each aperture/slot).
As to claim 8, Chapman discloses a fracture plating system (69, 101, 103, col. 15 lines 46-56) capable of stabilizing a first fracture and a second fracture of a bone of a patient (when positioned appropriately, col. 15 lines 46-56 discloses use for fracture treatment with 1-2 screws in each aperture/slot, col. 16 line 64 – col. 17 line 4 discloses that the substantial allowed angulation of screws within the plate enhances capabilities for fixation of oblique and complex fractures and increases the number of bone fragments that can be direction gripped by a screw), wherein the first fracture and the second fracture define a flail segment of the bone (if one so chooses to position the system on such a bone), the bone comprising an interior surface facing toward an interior body cavity of the patient (if one so chooses to position the system on such a bone) and an exterior surface facing away from the interior body cavity (if one so chooses to position the system on such a bone), the fracture plating system comprising: a plate (69) comprising one or more slots (79, 80, 85, Figs. 9 and 14, col. 14 lines 58-59) extending along a first longitudinal axis of the plate (Fig. 9) and capable of spanning the first fracture and the second fracture (when positioned appropriately, col. 15 lines 46-56 discloses use for fracture treatment with 1-2 screws in each aperture/slot, col. 16 line 64 – col. 17 line 4 discloses that the substantial allowed angulation of screws within the plate enhances capabilities for fixation of oblique and complex fractures and increases the number of bone fragments that can be direction gripped by a screw); and at least three fasteners (101s, 103s, Figs. 12A-14, col. 15 lines 46-56 discloses use for fracture treatment with the 6 apertures elongated to be able to receive 1-2 screws in each aperture/slot) capable of being captively received in the one or more slots (at least when the screws are threaded into bone); wherein: a first fastener of the at least three fasteners (101s, 103s, Figs. 12A-14, col. 15 lines 46-56 discloses use for fracture treatment with the 6 apertures elongated to be able to receive 1-2 screws in each aperture/slot) and a second fastener of the at least three fasteners (101s, 103s, Figs. 12A-14, col. 15 lines 46-56 discloses use for fracture treatment with the 6 apertures elongated to be able to receive 1-2 screws in each aperture/slot) are capable of being received in the bone on opposite sides of the first fracture and the second fracture (when positioned appropriately, col. 15 lines 46-56 discloses use for fracture treatment with 1-2 screws in each aperture/slot, col. 16 line 64 – col. 17 line 4 discloses that the substantial allowed angulation of screws within the plate enhances capabilities for fixation of oblique and complex fractures and increases the number of bone fragments that can be direction gripped by a screw) capable of securing the plate to the interior surface of the bone (Figs. 12A-14); a third fastener of the at least three fasteners (101s, 103s, Figs. 12A-14, col. 15 lines 46-56 discloses use for fracture treatment with the 6 apertures elongated to be able to receive 1-2 screws in each aperture/slot) is capable of being received in the flail segment (if one so chooses to position the system on such a bone) capable of securing the plate to the flail segment (if one so chooses to position the system on such a bone); and each of the at least three fasteners comprises a second longitudinal axis (vertical in each of Figs. 12A and 12B, Figs. 12A and 12B) extending along a longest extent each of the at least three fasteners (as defined, Figs. 12A and 12B), and a head portion (93) that is generally symmetrical across two orthogonal planes each passing through the second longitudinal axis (Figs. 12A-13, col. 4 lines 17-18, col. 15 lines 53-55, and col. 16 lines 30-32 disclose that a plate-engaging surface portion of the head is spherically rounded).
As to claim 12, Chapman discloses that each of the one or more slots is capable of spanning at least one of the first fracture and the second fracture (when positioned appropriately, col. 15 lines 46-56 discloses use for fracture treatment with 1-2 screws in each aperture/slot, col. 16 line 64 – col. 17 line 4 discloses that the substantial allowed angulation of screws within the plate enhances capabilities for fixation of oblique and complex fractures and increases the number of bone fragments that can be direction gripped by a screw).
As to claim 21, Chapman discloses a fracture plating system (69, 101, 103, col. 15 lines 46-56) capable of stabilizing a first fracture and a second fracture of a bone of a patient (when positioned appropriately, col. 15 lines 46-56 discloses use for fracture treatment with 1-2 screws in each aperture/slot, col. 16 line 64 – col. 17 line 4 discloses that the substantial allowed angulation of screws within the plate enhances capabilities for fixation of oblique and complex fractures and increases the number of bone fragments that can be direction gripped by a screw), the bone comprising an interior surface facing toward an interior body cavity of the patient (if one so chooses to position the system on such a bone) and an exterior surface facing away from the interior body cavity (if one so chooses to position the system on such a bone), the fracture plating system comprising: a plate (69) capable of being placed on the interior surface (if one so chooses to position the system on such a bone, Figs. 9, 10, and 14, col. 15 lines 46-56 discloses that 69 can be used by itself as a conventional bone plate), the plate comprising one or more slots (79, 80, 85, Figs. 9 and 14, col. 14 lines 58-59) and capable of spanning the first fracture and the second fracture (when positioned appropriately, col. 15 lines 46-56 discloses use for fracture treatment with 1-2 screws in each aperture/slot, col. 16 line 64 – col. 17 line 4 discloses that the substantial allowed angulation of screws within the plate enhances capabilities for fixation of oblique and complex fractures and increases the number of bone fragments that can be direction gripped by a screw); and four fasteners (101s, 103s, Figs. 12A-14, col. 15 lines 46-56 discloses use for fracture treatment with the 6 apertures elongated to be able to receive 1-2 screws in each aperture/slot) each capable of being received in the bone and in one of the one or more slots (Figs. 12A-14, col. 15 lines 46-56, col. 15 lines 5-14) capable of securing the plate to the interior surface of the bone (Figs. 12A-14); wherein: the four fasteners are capable of being received in the bone on opposite sides of each of the first fracture and the second fracture (when positioned appropriately, col. 15 lines 46-56 discloses use for fracture treatment with 1-2 screws in each aperture/slot, col. 16 line 64 – col. 17 line 4 discloses that the substantial allowed angulation of screws within the plate enhances capabilities for fixation of oblique and complex fractures and increases the number of bone fragments that can be direction gripped by a screw); each of the four fasteners comprises a head portion (93) and a first threaded portion (lower portion, i.e. adjacent the free end of the shank, as show in Figs. 12A and 12B, Figs. 12A and 12B, col. 16 lines 10-11) extending from the head portion (Figs. 12A and 12B ); each of the one or more slots is capable of threadably receiving the first threaded portion (Figs. 9, 12A, 12B, and 14) so that the four fasteners are capable of being captive within the one or more slots (at least when the screws are threaded into bone); and while captive in one of the one or more slots, each of the four fasteners is capable of moving along the one of the one or more slots and/or pivoting outboard relative to the one of the one or more slots (when the plate is slid relative to the bone while the fasteners are threaded into the bone, i.e. until the fasteners contact the end of a corresponding slot due to the structure shown in Figs. 9, 10, 12A, and 12B).
As to claim 24, Chapman discloses that each of the one or more slots is capable of receiving at least two of the four fasteners (col. 15 lines 46-56 discloses 6 apertures elongated to be able to receive 1-2 screws in each aperture/slot).
Claim(s) 8-19, 21-23, and 25-27 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fell et al. (US 2010/0331892, hereinafter “Fell”)
As to claim 8, Fell discloses a fracture plating system (Figs. 1-19) capable of stabilizing a first fracture and a second fracture of a bone of a patient (when appropriately positioned, Figs. 16-19, ¶36), wherein the first fracture and the second fracture define a flail segment of the bone (when appropriately positioned, Figs. 16-19), the bone comprising an interior surface facing toward an interior body cavity of the patient (Figs. 16-18) and an exterior surface facing away from the interior body cavity (Figs. 12-15), the fracture plating system comprising: a plate (16) comprising one or more slots (20s, Figs. 3, 16, and 18, ¶42) extending along a first longitudinal axis of the plate (Figs. 3 and 16) and capable of spanning the first fracture and the second fracture (when appropriately positioned, Figs. 16-19); and at least three fasteners (22s, Figs. 5 and 19, ¶47) capable of being captively received in the one or more slots (at least when as positioned as shown in Fig. 18, Fig. 18); wherein: a first fastener of the at least three fasteners (22s, Figs. 5 and 19, ¶47) and a second fastener of the at least three fasteners (22s, Figs. 5 and 19, ¶47) are capable of being received in the bone on opposite sides of the first fracture and the second fracture (when appropriately positioned, Fig. 18) capable of securing the plate to the interior surface of the bone (Fig. 18); a third fastener of the at least three fasteners (22s, Figs. 5 and 19, ¶47) are capable of being in the flail segment (when appropriately positioned, Figs. 16-19) capable of securing the plate to the flail segment (when appropriately positioned, Figs. 16-19); and each of the at least three fasteners comprises a second longitudinal axis (horizontal as shown in Fig. 5, Fig. 5) extending along a longest extent each of the at least three fasteners (as defined, Fig. 5), and a head portion (right portion of 22 as shown in Fig. 5, Fig. 5, ¶47 discloses that 22 is a threaded screw) that is generally symmetrical across two orthogonal planes each passing through the second longitudinal axis (Figs. 4, 5, and 19).
As to claim 9, Fell discloses a tether (32, Figs. 5 and 16, ¶49) capable of being received in two of the at least three fasteners (if one so chooses to insert it as such the tether is capable of insertion therein due to the shown structures, Figs. 5, 16, and 19) and capable of guiding the two of the at least three fasteners to the interior surface of the bone (if one so chooses to do so the tether is capable of guiding as claimed due to the shown structures, Figs. 5, 16, and 19).
As to claim 10, Fell discloses that the tether is further capable of passing through one of the one or more slots of the plate (Fig. 16) capable of guiding the plate to the interior surface of the bone (Figs. 5, 16, and 19, ¶49).
As to claim 11, Fell discloses that the tether is further capable of drawing the plate and two of the at least three fasteners through a portal to the interior surface of the bone (due to the shown structures, Figs. 5, 16, and 19).
As to claim 12, Fell discloses that each of the one or more slots is capable of spanning at least one of the first fracture and the second fracture (when appropriately positioned, Figs. 16-19).
As to claim 13, Fell discloses at least three locking nuts (24s, Figs. 5 and 19, ¶47) capable of receiving one of the at least three fasteners (Fig. 5, ¶s 47 and 48) and cooperating with one of the at least three fasteners (Fig. 5, ¶s 47 and 48) capable of securing the plate to the interior surface of the bone (Fig. 18).
As to claim 14, Fell discloses a fracture plating system (Figs. 1-19) capable of stabilizing multiple fractures of a bone of a patient (when appropriately positioned, Figs. 16-19, ¶36), wherein the multiple fractures define one or more flail segments (when appropriately positioned, Figs. 16-19), the bone comprising an interior surface facing toward an interior body cavity of the patient (Figs. 16-18) and an exterior surface facing away from the interior body cavity (Figs. 12-15), the fracture plating system comprising: a plate (16) comprising one or more slots (20s, Figs. 3, 16, and 18, ¶42) and capable of spanning the multiple fractures (when appropriately positioned, Figs. 16-19); and a plurality of fasteners (22s, Figs. 5 and 19, ¶47) each capable of being received in the bone and in the one or more slots (at least when as positioned as shown in Fig. 18, Fig. 18) capable of securing the plate to the interior surface of the bone (Fig. 18); and one or more tethers (32, Figs. 5 and 16, ¶49) capable of being received in the plurality of fasteners (if one so chooses to insert it as such the tether is capable of insertion therein due to the shown structures, Figs. 5, 16, and 19) and capable of guiding the plurality of fasteners to the interior surface of the bone (if one so chooses to do so the tether is capable of guiding as claimed due to the shown structures, Figs. 5, 16, and 19); wherein: each of the plurality of fasteners (22s, Figs. 5 and 19, ¶47) are capable of being captive within one of the one or more slots independently of engagement of any protruding feature of each of the plurality of fasteners with the plate (Figs. 5 and 18); and the plate comprises a first side (right side as shown in Fig. 17, Fig. 17) and a second side (Figs. 16 and 18) opposite the first side (as defined) ;the first side is capable of contacting the interior surface of the bone (Fig. 17); and each of the plurality of fasteners comprises a head portion (right portion of 22 as shown in Fig. 5, Fig. 5, ¶47 discloses that 22 is a threaded screw) capable of contacting only the second side (Figs. 17 and 18).
As to claim 15, Fell discloses that one of the one or more tethers is further capable of passing through one of the one or more slots of the plate (Fig. 16) capable of guiding the plate to the interior surface of the bone (Figs. 5, 16, and 19, ¶49).
As to claim 16, Fell discloses that each of the one or more slots is capable of spanning at least one of the multiple fractures (when appropriately positioned, Figs. 16-19).
As to claim 17, Fell discloses that the plurality of fasteners is capable of being received in the bone on opposite sides of the multiple fractures (when appropriately positioned, Figs. 16-19) capable of securing the plate to the interior surface of the bone (Fig. 18).
As to claim 18, Fell discloses that one of the one or more tethers is further capable of drawing the plate and two of the plurality of fasteners through a portal to the interior surface of the bone (due to the shown structures, Figs. 5, 16, and 19).
As to claim 19, Fell discloses at least three locking nuts (24s, Figs. 5 and 19, ¶47) capable of receiving one of the plurality of fasteners (Fig. 5, ¶s 47 and 48) and cooperating with one of the plurality of fasteners (Fig. 5, ¶s 47 and 48) capable of securing the plate to the interior surface of the bone (Fig. 18).
As to claim 21, Fell discloses a fracture plating system (Figs. 1-19) capable of stabilizing a first fracture and a second fracture of a bone of a patient (when appropriately positioned, Figs. 16-19, ¶36), the bone comprising an interior surface facing toward an interior body cavity of the patient (Figs. 16-18) and an exterior surface facing away from the interior body cavity (Figs. 12-15), the fracture plating system comprising: a plate (16) capable of being placed on the interior surface (Figs. 16-18), the plate comprising one or more slots (20s, Figs. 3, 16, and 18, ¶42) and capable of spanning the first fracture and the second fracture (when appropriately positioned, Figs. 16-19); and four fasteners (22s, Figs. 5 and 19, ¶47) each capable of being received in the bone and in one of the one or more slots (Figs. 5, 18, and 19) capable of securing the plate to the interior surface of the bone (Fig. 18); wherein: the four fasteners are capable of being received in the bone on opposite sides of each of the first fracture and the second fracture (when appropriately positioned, Fig. 18); each of the four fasteners comprises a head portion (right portion of 22 as shown in Fig. 5, Fig. 5, ¶47 discloses that 22 is a threaded screw) and a first threaded portion (Fig. 5, ¶47 discloses that 22 is a threaded screw) extending from the head portion (Fig. 5); each of the one or more slots is capable of threadably receiving the first threaded portions (when angled appropriately such is capable of due to the shown rounded shape of 20, Figs. 3, 5, and 18) so that the four fasteners are capable of being captive within the one or more slots (at least when as positioned as shown in Fig. 18, Fig. 18); while captive in one of the one or more slots, each of the four fasteners is capable of moving along the one of the one or more slots (when the plate is slid relative to the bone while the fasteners are threaded into the nuts 24, i.e. until the fasteners/nuts contact the end of a corresponding slot due to the structure shown in Figs. 16 and 18).
As to claim 22, Fell discloses a first tether (32, Figs. 5 and 16, ¶49) capable of being received in a first two of the four fasteners (if one so chooses to insert it as such the tether is capable of insertion therein due to the shown structures, Figs. 5, 16, and 19) and capable of guiding the first two of the four fasteners to the interior surface of the bone (if one so chooses to do so the tether is capable of guiding as claimed due to the shown structures, Figs. 5, 16, and 19); and a second tether (32/32’, Figs. 5 and 16, ¶49) capable of being received in a second two of the four fasteners (if one so chooses to insert it as such the tether is capable of insertion therein due to the shown structures, Figs. 5, 16, and 19) and capable of guiding the second two of the four fasteners to the interior surface of the bone (if one so chooses to do so the tether is capable of guiding as claimed due to the shown structures, Figs. 5, 16, and 19).
As to claim 23, Fell discloses that the first tether is further capable of drawing the plate and a first two of the four fasteners through a portal to the interior surface of the bone (due to the shown structures, Figs. 5, 16, and 19, ¶49); and the second tether is further capable of drawing a second two of the four fasteners through the portal to the interior surface of the bone (due to the shown structures, Figs. 5, 16, and 19, ¶49).
As to claim 25, Fell discloses a fracture plating system (Figs. 1-19) capable of stabilizing multiple fractures of a bone of a patient (when appropriately positioned, Figs. 16-19, ¶36), wherein the multiple fractures define one or more flail segments (when appropriately positioned, Figs. 16-19), the bone comprising an interior surface facing toward an interior body cavity of the patient (Figs. 16-18) and an exterior surface facing away from the interior body cavity (Figs. 12-15), the fracture plating system comprising: a plate (16) comprising one or more slots (20s, Figs. 3, 16, and 18, ¶42) and capable of spanning the multiple fractures (when appropriately positioned, Figs. 16-19); and a plurality of fasteners (22s, Figs. 5 and 19, ¶47) each capable of being received in the bone and in the one or more slots (at least when as positioned as shown in Fig. 18, Fig. 18) capable of securing the plate to the interior surface of the bone (Fig. 18); and one or more tethers (32, Figs. 5 and 16, ¶49) capable of being received in the plurality of fasteners (if one so chooses to insert it as such the tether is capable of insertion therein due to the shown structures, Figs. 5, 16, and 19) and capable of guiding the plurality of fasteners to the interior surface of the bone (if one so chooses to do so the tether is capable of guiding as claimed due to the shown structures, Figs. 5, 16, and 19); wherein each of the plurality of fasteners (22s, Figs. 5 and 19, ¶47) is capable of being captive within one of the one or more slots independently of engagement of any protruding feature of each of the plurality of fasteners with the slot (Figs. 5 and 18);
As to claim 26, Fell discloses that one of the one or more tethers is further capable of passing through one of the one or more slots of the plate (Fig. 16) capable of guiding the plate to the interior surface of the bone (Figs. 5, 16, and 19, ¶49).
As to claim 27, Fell discloses that one of the one or more tethers is further capable of drawing the plate and two of the plurality of fasteners through a portal to the interior surface of the bone (due to the shown structures, Figs. 5, 16, and 19).
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 of this title, 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) 1-4, 7, 20, and 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fell et al. (US 2010/0331892, hereinafter “Fell”) in view of Chapman.
As to claims 1-4 and 7, Fell discloses a fracture plating system (Figs. 1-19) capable of stabilizing a first fracture and a second fracture of a bone of a patient (when appropriately positioned, Figs. 16-19, ¶36), the bone comprising an interior surface facing toward an interior body cavity of the patient (Figs. 16-18) and an exterior surface facing away from the interior body cavity (Figs. 12-15), the fracture plating system comprising: a plate (16) capable of being placed on the interior surface (Figs. 16-18), the plate comprising one or more slots (20s, Figs. 3, 16, and 18, ¶42) and capable of spanning the first fracture and the second fracture (when appropriately positioned, Figs. 16-19); and four fasteners (22s, Figs. 5 and 19, ¶47) each capable of being received in the bone and in one of the one or more slots (Figs. 5, 18, and 19) capable of securing the plate to the interior surface of the bone (Fig. 18); wherein: the four fasteners are capable of being received in the bone on opposite sides of each of the first fracture and the second fracture (when appropriately positioned, Fig. 18); each of the four fasteners comprises a head portion (right portion of 22 as shown in Fig. 5, Fig. 5, ¶47 discloses that 22 is a threaded screw) and a first threaded portion (Fig. 5, ¶47 discloses that 22 is a threaded screw) extending from the head portion (Fig. 5); and each of the one or more slots is capable of threadably receiving the first threaded portions (when angled appropriately such is capable of due to the shown rounded shape of 20, Figs. 3, 5, and 18) so that the four fasteners are capable of being captive within the one or more slots (at least when as positioned as shown in Fig. 18, Fig. 18). As to claim 2, Fell discloses a first tether (32, Figs. 5 and 16, ¶49) capable of being received in a first two of the four fasteners (if one so chooses to insert it as such the tether is capable of insertion therein due to the shown structures, Figs. 5, 16, and 19) and capable of guiding the first two of the four fasteners to the interior surface of the bone (if one so chooses to do so the tether is capable of guiding as claimed due to the shown structures, Figs. 5, 16, and 19); and a second tether (32/32’, Figs. 5 and 16, ¶49) capable of being received in a second two of the four fasteners (if one so chooses to insert it as such the tether is capable of insertion therein due to the shown structures, Figs. 5, 16, and 19) and capable of guiding the second two of the four fasteners to the interior surface of the bone (if one so chooses to do so the tether is capable of guiding as claimed due to the shown structures, Figs. 5, 16, and 19). As to claim 3, Fell discloses that the first tether is further capable of drawing the plate and a first two of the four fasteners through a portal to the interior surface of the bone (due to the shown structures, Figs. 5, 16, and 19, ¶49); and the second tether is further capable of drawing a second two of the four fasteners through the portal to the interior surface of the bone (due to the shown structures, Figs. 5, 16, and 19, ¶49). As to claim 4, Fell discloses that the first tether is further capable of drawing a first one of the four fasteners through a first hole in a first portion of the bone proximate a first side of one of the first fracture and the second fracture (due to the shown structures, Figs. 5, 16, and 19), and capable of drawing a second one of the four fasteners through a second hole in a second portion of the bone proximate a second side of one of the first fracture and the second fracture (due to the shown structures, Figs. 5, 16, and 19). As to claim 7, Fell discloses four locking nuts (24s, Figs. 5 and 19, ¶47), each of the locking nuts is capable of receiving one of the four fasteners (Fig. 5, ¶s 47 and 48) and cooperating with one of the four fasteners (Fig. 5, ¶s 47 and 48) capable of securing the plate to the interior surface of the bone (Fig. 18).
Fell is silent to with the plate secured to the interior surface of the bone, the first threaded portion is spaced apart from the plate.
Chapman teaches a similar fracture plating system (69, 101, 103, col. 15 lines 46-56) capable of stabilizing a first fracture and a second fracture of a bone of a patient (when positioned appropriately, col. 15 lines 46-56 discloses use for fracture treatment with 1-2 screws in each aperture/slot, col. 16 line 64 – col. 17 line 4 discloses that the substantial allowed angulation of screws within the plate enhances capabilities for fixation of oblique and complex fractures and increases the number of bone fragments that can be direction gripped by a screw), the bone comprising an interior surface facing toward an interior body cavity of the patient (if one so chooses to position the system on such a bone) and an exterior surface facing away from the interior body cavity (if one so chooses to position the system on such a bone), the fracture plating system comprising: a plate (69) capable of being placed on the interior surface (if one so chooses to position the system on such a bone, Figs. 9, 10, and 14, col. 15 lines 46-56 discloses that 69 can be used by itself as a conventional bone plate), the plate comprising one or more slots (79, 80, 85, Figs. 9 and 14, col. 14 lines 58-59) and capable of spanning the first fracture and the second fracture (when positioned appropriately, col. 15 lines 46-56 discloses use for fracture treatment with 1-2 screws in each aperture/slot, col. 16 line 64 – col. 17 line 4 discloses that the substantial allowed angulation of screws within the plate enhances capabilities for fixation of oblique and complex fractures and increases the number of bone fragments that can be direction gripped by a screw); and four fasteners (101s, 103s, Figs. 12A-14, col. 15 lines 46-56 discloses use for fracture treatment with the 6 apertures elongated to be able to receive 1-2 screws in each aperture/slot) each capable of being received in the bone and in one of the one or more slots (Figs. 12A-14, col. 15 lines 46-56, col. 15 lines 5-14) capable of securing the plate to the interior surface of the bone (Figs. 12A-14); wherein: the four fasteners are capable of being received in the bone on opposite sides of each of the first fracture and the second fracture (when positioned appropriately, col. 15 lines 46-56 discloses use for fracture treatment with 1-2 screws in each aperture/slot, col. 16 line 64 – col. 17 line 4 discloses that the substantial allowed angulation of screws within the plate enhances capabilities for fixation of oblique and complex fractures and increases the number of bone fragments that can be direction gripped by a screw); each of the four fasteners comprises a head portion (93) and a first threaded portion (lower portion, i.e. adjacent the free end of the shank, as show in Figs. 12A and 12B, Figs. 12A and 12B, col. 16 lines 10-11) extending from the head portion (Figs. 12A and 12B ); and each of the one or more slots is capable of threadably receiving the first threaded portions (Figs. 9, 12A, 12B, and 14) so that the four fasteners are capable of being captive within the one or more slots (at least when the screws are threaded into bone); and with the plate secured to the interior surface of the bone, the first threaded portion is spaced apart from the plate (Figs. 9, 12A, 12B, and 14); wherein a plate-engaging surface portion of the head is spherically rounded (Figs 12A, 12B, and 14, col. 4 lines 17-18, col. 15 lines 53-55, col. 16 lines 30-32) and a fastener-engaging surface portion the plate is correspondingly spherically rounded (Figs. 9 and 14, col. 4 lines 17-20, col. 15 lines 50-53, col. 16 lines 30-35).
Fell discloses the claimed invention except that the first threaded portion extends direction from the head portion instead of being spaced therefrom. Chapman shows that the first threaded portion being spaced apart from the head by an unthreaded portion is an equivalent structure known in the art. Therefore, because these two fastener portions were art-recognized equivalents before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to substitute an unthreaded portion for a threaded portion that extends directly from the head (Chapman Figs. 11A-11B, col. 16 lines 5-14) in order to predictably fixate/stabilize a bone fracture (Chapman col. 15 lines 46-48, col. 16 lines 65-68; Fell ¶36).
As to claim 20, Fell discloses the invention of claim 14 but is silent to each of the one or more slots is configured to receive at least two of the plurality of fasteners.
Chapman teaches a similar fracture plating system (69, 101, 103, col. 15 lines 46-56) capable of stabilizing a multiple fractures of a bone of a patient (when positioned appropriately, col. 15 lines 46-56 discloses use for fracture treatment with 1-2 screws in each aperture/slot, col. 16 line 64 – col. 17 line 4 discloses that the substantial allowed angulation of screws within the plate enhances capabilities for fixation of oblique and complex fractures and increases the number of bone fragments that can be direction gripped by a screw), wherein the multiple fractures define a flail segment of the bone (if one so chooses to position the system on such a bone), the bone comprising an interior surface facing toward an interior body cavity of the patient (if one so chooses to position the system on such a bone) and an exterior surface facing away from the interior body cavity (if one so chooses to position the system on such a bone), the fracture plating system comprising: a plate (69) comprising one or more slots (79, 80, 85, Figs. 9 and 14, col. 14 lines 58-59) and capable of spanning the multiple fractures (when positioned appropriately, col. 15 lines 46-56 discloses use for fracture treatment with 1-2 screws in each aperture/slot, col. 16 line 64 – col. 17 line 4 discloses that the substantial allowed angulation of screws within the plate enhances capabilities for fixation of oblique and complex fractures and increases the number of bone fragments that can be direction gripped by a screw); and a plurality of fasteners (101s, 103s, Figs. 12A-14, col. 15 lines 46-56 discloses use for fracture treatment with the 6 apertures elongated to be able to receive 1-2 screws in each aperture/slot) each capable of being received in the bone and in one of the one or more slots (Figs. 12A-14, col. 15 lines 46-56, col. 15 lines 5-14) capable of securing the plate to the interior surface of the bone (Figs. 12A-14); wherein: each of the plurality of fasteners is capable of being captive within one of the one or more slots independently of engagement of any protruding feature of each of the plurality of fasteners with the plate (at least when the screws are threaded into bone); and the plate comprises a first side (73, Fig. 14) and a second side (71, Fig. 14) opposite the first side (as defined); the first side is capable of contacting the interior surface of the bone (col. 14 lines 55-56); and each of the plurality of fasteners comprises a head portion (93) capable of contacting only the second side (Fig. 14); wherein each of the one or more slots is capable of receiving at least two of the plurality of fasteners (col. 15 lines 46-56 discloses use for fracture treatment with 1-2 screws in each aperture/slot).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify the size of the one of more slots as disclosed by Fell to be able to receive two of the fasteners as taught by Chapman in order to be used in treatment of fractures (Chapman col. 15 lines 46-56) to predictably fixate/stabilize a bone fracture (Chapman col. 15 lines 46-48, col. 16 lines 65-68; Fell ¶36).
As to claim 28, Fell discloses the invention of claim 25 but is silent to each of the one or more slots is configured to receive at least two of the plurality of fasteners.
Chapman teaches a similar fracture plating system (69, 101, 103, col. 15 lines 46-56) capable of stabilizing a multiple fractures of a bone of a patient (when positioned appropriately, col. 15 lines 46-56 discloses use for fracture treatment with 1-2 screws in each aperture/slot, col. 16 line 64 – col. 17 line 4 discloses that the substantial allowed angulation of screws within the plate enhances capabilities for fixation of oblique and complex fractures and increases the number of bone fragments that can be direction gripped by a screw), wherein the multiple fractures define one or more flail segments (if one so chooses to position the system on such a bone), the bone comprising an interior surface facing toward an interior body cavity of the patient (if one so chooses to position the system on such a bone) and an exterior surface facing away from the interior body cavity (if one so chooses to position the system on such a bone), the fracture plating system comprising: a plate (69) comprising one or more slots (79, 80, 85, Figs. 9 and 14, col. 14 lines 58-59) and capable of spanning the multiple fractures (when positioned appropriately, col. 15 lines 46-56 discloses use for fracture treatment with 1-2 screws in each aperture/slot, col. 16 line 64 – col. 17 line 4 discloses that the substantial allowed angulation of screws within the plate enhances capabilities for fixation of oblique and complex fractures and increases the number of bone fragments that can be direction gripped by a screw); a plurality of fasteners (101s, 103s, Figs. 12A-14, col. 15 lines 46-56 discloses use for fracture treatment with the 6 apertures elongated to be able to receive 1-2 screws in each aperture/slot) each capable of being received in the bone and in one of the one or more slots (Figs. 12A-14, col. 15 lines 46-56, col. 15 lines 5-14) capable of securing the plate to the interior surface of the bone (Figs. 12A-14); wherein: each of the plurality of fasteners is capable of being captive within one of the one or more slots independently of engagement of any protruding feature of each of the plurality of fasteners with the slot (at least when the screws are threaded into bone); wherein each of the one or more slots is capable of receiving at least two of the four fasteners (col. 15 lines 46-56 discloses 6 apertures elongated to be able to receive 1-2 screws in each aperture/slot).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify the size of the one of more slots as disclosed by Fell to be able to receive two of the fasteners as taught by Chapman in order to be used in treatment of fractures (Chapman col. 15 lines 46-56) to predictably fixate/stabilize a bone fracture (Chapman col. 15 lines 46-48, col. 16 lines 65-68; Fell ¶36).
Conclusion
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/AMY R SIPP/Primary Examiner, Art Unit 3775