Prosecution Insights
Last updated: July 17, 2026
Application No. 19/074,633

STERNAL CLOSURE SYSTEMS

Non-Final OA §103§112
Filed
Mar 10, 2025
Priority
Mar 11, 2024 — provisional 63/563,689 +2 more
Examiner
SIPP, AMY R.
Art Unit
3775
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Arthrex Inc.
OA Round
1 (Non-Final)
71%
Grant Probability
Favorable
1-2
OA Rounds
1y 11m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 71% — above average
71%
Career Allowance Rate
373 granted / 526 resolved
+0.9% vs TC avg
Strong +26% interview lift
Without
With
+26.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
63 currently pending
Career history
583
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
79.5%
+39.5% vs TC avg
§102
8.6%
-31.4% vs TC avg
§112
10.9%
-29.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 526 resolved cases

Office Action

§103 §112
Detailed Action This is the first office action on the merits for US application number 19/074,633. 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 . Election/Restrictions Applicant’s election of Invention I, of the system, plate species A)1), of Figs. 1-4, fixation device species B)1), of Figs. 11-14, deployment assembly species C)2), of Figs. 32 and 33, and plate holders species D)1), of Figs. 34 and 35 in the reply filed on June 9, 2026 is acknowledged, which indicated that claims 1-13 and 15 read on the elected species. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)). Priority The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994). The disclosure of the prior-filed application, Application No. 63/563,689, fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application. Application No. 63/563,689 fails to provide adequate support for at least the locking tab of claim 1 The disclosure of the prior-filed application, Application No. 63/686,908, fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application. Application No. 63/686,908 fails to provide adequate support for “when the locking tab is engaged to the fixation device deployment assembly, the fixation device deployment assembly is configured to insert the molly anchor through the opening of the bone plate, and when the locking tab is disengaged from the fixation device deployment assembly, the fixation device deployment assembly is configured to cause the deployment pin to move the molly anchor from a relaxed position to a deployed position” of claim 1, “the shaft portion of the pin inserter is accommodated within a cannulation of the molly anchor at a location between a first head portion of the molly anchor and a second head portion of the deployment pin” of claim 4, “the deployment pin is preassembled to the molly anchor such that the second head portion of the deployment pin is countersunk within the cannulation relative to the first head portion” of claim 5, “the second head portion of the deployment pin abuts against a circumferential ledge located within the cannulation of the molly anchor when the molly anchor is in the relaxed position” of claim 6, “when the locking tab is disengaged from the shaft of the pusher, the deployment pin is movable into engagement with the molly anchor to cause a first deployable leg and a second deployable leg of the molly anchor to splay apart and thereby transition the molly anchor from the relaxed position to the deployed position” of claim 7, and “a holding device including a holding fork or a holding ball configured to engage the bone plate for holding the bone plate down against a bone” of claim 15. Accordingly, claims 1-13 and 15 are considered as supported by Application No. 63/756,965 with a priority date of February 11, 2025. Drawings The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “399” has been used to designate both a portion of the deployment pin in Fig. 33 and a portion of 366 in ¶143. The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “a fixation device deployment assembly including a locking tab, a molly anchor, and a deployment pin” of claim 1 lines 3-4, “when the locking tab is engaged to the fixation device deployment assembly, the fixation device deployment assembly is configured to insert the molly anchor through the opening of the bone plate, and when the locking tab is disengaged from the fixation device deployment assembly, the fixation device deployment assembly is configured to cause the deployment pin to move the molly anchor from a relaxed position to a deployed position” of claim 1 lines 5-9, and “when the locking tab is disengaged from the shaft of the pusher, the deployment pin is movable into engagement with the molly anchor to cause a first deployable leg and a second deployable leg of the molly anchor to splay apart and thereby transition the molly anchor from the relaxed position to the deployed position” of claim 7 lines 1-5 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Claim Objections Claim(s) 1 and 8 is/are objected to because of the following informalities: Claim 1 line 1 should read “A sternal closure system[[,]] comprising:”. Claim 8 lines 2-3 should read “wherein the proximal end section includes a first diameter that is greater than a second diameter of the shaft”. 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) 1-13 and 15 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) 1 is/are unclear with regards to a “molly anchor” in line 3 and the intended scope of “molly”. Examiner is interpreting this as referring to an expandable anchor and suggests amending to clarify. Claim(s) 1 is/are unclear with regards to “a fixation device deployment assembly including a locking tab, a molly anchor, and a deployment pin” in lines 3-4 and where such is supported in the specification, which provides that “assembly 350 configured to facilitate deployment of a fixation device 30 relative to the bone plate 28 …assembly 350 may include a pin inserter 352, a pusher 354, and a locking tab 356” (¶140) and “assembly 350 may include a pin inserter 352, a pusher 354, and a locking tab 356” (¶141). That is, it appears that the molly anchor and deployment pin are parts of the fixation device and not the deployment assembly/tool as claimed. Thus, it appears that the claimed device is contradictory to that disclosed in the specification and the claimed structure. Examiner is interpreting this broadly and suggests amending to clarify. Claim(s) 1 is/are unclear with regards to “when the locking tab is engaged to the fixation device deployment assembly” in line 5 and how the locking tab can be reasonably construed to be engaged with the assembly in line 5 and part of the assembly in line 3. That is, it is unclear how the tab engages itself or any other recited component of the claimed assembly, i.e. the molly anchor or pin of lines 3-4 or how such can be reasonably considered to be supported by the specification. As such, there does not appear to be sufficient structure recited in order to provide the ability to perform the function, i.e. it is unclear how a condition can exist where the tab engages something that is not claimed. Examiner is interpreting this broadly and suggests amending to clarify but providing structure that is capable of performing the recited function. Claim(s) 5 is/are unclear with regards to “the deployment pin is preassembled to the molly anchor such that the second head portion of the deployment pin is countersunk within the cannulation relative to the first head portion.” in lines 1-3 and how it can be physically possible for the preassembled position shown in Fig. 33 to achieve the disclosed function of paragraph 148. That is, as shown in Fig. 33 the preassembled position has a generally planar surface of the pin abutting a generally planar surface of the anchor; thus it is unclear how it is physically possible for the pin to be advanced further into the cannulation of the anchor as disclosed in ¶148. Examiner is interpreting this broadly and suggests amending to clarify. Claim(s) 6 is/are unclear with regards to “the second head portion of the deployment pin abuts against a circumferential ledge located within the cannulation of the molly anchor when the molly anchor is in the relaxed position.” in lines 1-3 and how it can be physically possible for the preassembled/relaxed position shown in Fig. 33 to achieve the disclosed function of paragraph 148. That is, as shown in Fig. 33 the preassembled position has a generally planar surface of the pin abutting a generally planar surface of the anchor; thus it is unclear how it is physically possible for the pin to be advanced further into the cannulation of the anchor as disclosed in ¶148. Examiner is interpreting this broadly and suggests amending to clarify. Claim(s) 7 is/are unclear with regards to “when the locking tab is disengaged from the shaft of the pusher, the deployment pin is movable into engagement with the molly anchor … transition the molly anchor from the relaxed position to the deployed position” in lines 1-5 and how the pin can be preassembled as claimed in claim 5 and 6 and shown in Fig. 33 and yet be asserted to be capable of moving into engagement with the anchor and be able to advance as described in ¶148. Examiner is interpreting this broadly and suggests amending to clarify. Claim(s) 10 is/are unclear with regards to “when the locking tab is disengaged from the shaft of the pusher, the deployment pin is movable into engagement with the molly anchor … transition the molly anchor from the relaxed position to the deployed position” in lines 1-5 and how the pin can be preassembled or in a relaxed position as shown in Fig. 33 and yet be asserted to be capable of moving into engagement with the anchor and be able to advance as described in ¶148. Examiner is interpreting this Claim(s) 2-4, 8, 9, 11-13 and 15 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, for its/their dependence on one or more rejected base claims. 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) 1-3 and 8-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Johanson et al. (US 7,074,203, hereinafter “Johanson”) in view of Flӧss et al. (US 2026/0000501, hereinafter “Flӧss”). As to claims 1-3 and 8-12, Johanson discloses a system (Figs. 1-12) capable of being used for sternal closure (col. 3 lines 62-65 discloses that 1 is a bone anchor, i.e. such is capable of use on bone of the sternum) comprising: a bone plate (7) including an opening (shown holding 4 in Fig. 1, Fig. 1); and a fixation device deployment assembly (Figs. 1-12) including a molly anchor (4), and a deployment pin (6), wherein the fixation device deployment assembly is capable of inserting the molly anchor through the opening of the bone plate (Fig. 1) and the fixation device deployment assembly is configured to cause the deployment pin to move the molly anchor from a relaxed position to a deployed position (Figs. 1 and 2). As to claim 2, Johanson discloses that the fixation device deployment assembly includes a pin inserter (27, 31, Fig. 4) and a pusher (29, 32, Fig. 5) having a shaft (29) that is capable of being received within a through-bore of the pin inserter (“bore” of col. 5 lines16-20, Figs. 6-10, col. 5 lines16-20). As to claim 3, Johanson discloses that the through-bore extends along a longitudinal axis of the pin inserter (Figs. 6-10) and extends through both a handle portion (31) and a shaft portion of the pin inserter (26, Figs. 6-10, col. 5 lines16-20). As to claim 8, Johanson discloses that the shaft extends from a proximal end section of the pusher (Fig. 4), and further wherein the proximal end section includes a first diameter (Fig. 4) that is greater than a second diameter of the shaft (Fig. 4). As to claim 10, Johanson discloses that the deployment pin is capable of moving into engagement with the molly anchor (Figs. 6-7) to cause a first deployable leg (left portion of 4 as shown in Fig. 2, Fig. 2) and a second deployable leg of the molly anchor (right portion of 4 as shown in Fig. 2, Fig. 2) to splay apart (Fig. 2) and thereby transition the molly anchor from the relaxed position to the deployed position (Figs. 1 and 2). As to claim 11, Johanson discloses that the deployment pin is capable of moving accommodated within a cannulation of the molly anchor (Figs. 1 and 2). As to claim 12, Johanson discloses that the molly anchor includes a head portion (upper portion of 4 as shown in Figs. 1 and 2, Figs. 1 and 2) and a body portion (lower portion of 4 as shown in Figs. 1 and 2, Figs. 1 and 2) having a first deployable leg (left portion of 4 as shown in Fig. 2, Fig. 2) and a second deployable leg (right portion of 4 as shown in Fig. 2, Fig. 2) that each extend distally from the head portion (as defined, Figs. 1 and 2). Johanson is silent to the fixation device deployment assembly including a locking tab, wherein when the locking tab is engaged to the fixation device deployment assembly, the fixation device deployment assembly is configured to insert the molly anchor through the opening of the bone plate, and when the locking tab is disengaged from the fixation device deployment assembly, the fixation device deployment assembly is configured to cause the deployment pin to move the molly anchor from a relaxed position to a deployed position. As to claim 9, Johanson is silent to the locking tab is configured to engage the shaft of the pusher to prevent the shaft from engaging the deployment pin. As to claim 10, Johanson is silent to, when the locking tab is disengaged from the shaft of the pusher, the deployment pin is movable into engagement with the anchor. Flӧss teaches a similar system (Figs. 1-4) capable of being used for sternal closure (¶9 discloses that the anchor is a bone anchor, i.e. such is capable of use on bone of the sternum) comprising: a bone plate (51) including an opening (shown holding 13 in Fig. 2, Fig. 2); and a fixation device deployment assembly (Figs. 1-4) including a locking tab (15, Figs. 1 and 4), an anchor (13, 14, Figs. 1 and 2), and a deployment pin (portion of 11 shown within 13, 14 in Fig. 2, Fig. 2), wherein when the locking tab is engaged to the fixation device deployment assembly (Fig. 1), the fixation device deployment assembly is capable of inserting the anchor through an opening in a bone (due to the structure shown in Fig. 1, Fig. 1), and when the locking tab is disengaged from the fixation device deployment assembly (Fig. 4), the fixation device deployment assembly is capable of causing the deployment pin to move the anchor from a relaxed position to a deployed position (Fig. 2). As to claim 2, Flӧss teaches that the fixation device deployment assembly includes a pin inserter (12, 52, 17, Figs. 1 and 2) and a pusher (upper portion of 11 as shown in Fig. 1, 16, Figs. 1 and 2) having a shaft (upper portion of 11 as shown in Fig. 1) that is capable of being received within a through-bore of the pin inserter (Fig. 2). As to claim 3, Flӧss teaches that the through-bore extends along a longitudinal axis of the pin inserter (Figs. 1 and 2) and extends through both a handle portion (17) and a shaft portion of the pin inserter (12, 52, Figs. 1 and 2). As to claim 8, Flӧss teaches that the shaft extends from a proximal end section of the pusher (Figs. 1 and 2), and further wherein the proximal end section includes a first diameter (Figs. 1 and 2) that is greater than a second diameter of the shaft (Figs. 1 and 2). As to claim 9, Flӧss teaches that locking tab is capable of engaging the shaft of the pusher to prevent the shaft from engaging the deployment pin with the anchor (if one so chooses to position the locking tab as such, Figs. 1 and 2). As to claim 10, Flӧss teaches that, when the locking tab is disengaged from the shaft of the pusher, the deployment pin is capable of moving into engagement with the anchor (Figs. 1 and 2). One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify the fixation device deployment assembly as disclosed by Johanson by adding the locking tab as taught by Flӧss in order to prevent an excessively deep penetration of the medial anchor into a bone (Flӧss ¶50) by enabling the anchor to be introduced partially into a bone by a force action and then, as a result of removal of the locking tab, introduced further into the bone (Flӧss ¶51) as the locking tab is releasable and detachable and can be pulled off in a time-efficient and simple manner in the radial direction with respect to the anchor inserter, thus enabling a surgeon to work quickly (Flӧss ¶52). Claim(s) 4-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Johanson and Flӧss in view of Robinson (US 2012/0123431). As to claims 4-7, the combination of Johanson and Flӧss discloses the invention of claim 3 as well as a cannulation of the molly anchor (19, Fig. 1), a first head portion of the molly anchor (upper portion of 4 as shown in Figs. 1 and 2, Figs. 1 and 2), and a second head portion of the deployment pin (upper portion of 6 as shown in Figs. 1 and 2, Figs. 1 and 2). As to claim 5, the combination of Johanson and Flӧss discloses that the deployment pin is preassembled to the molly anchor such that the second head portion of the deployment pin is countersunk within the cannulation relative to the first head portion (Figs. 1 and 2). As to claim 6, the combination of Johanson and Flӧss discloses that the second head portion of the deployment pin abuts against a circumferential ledge (Figs. 1 and 2) located within the cannulation of the molly anchor when the molly anchor is in the relaxed position (Figs. 1 and 2). As to claim 7, the combination of Johanson and Flӧss discloses that when the locking tab is disengaged from the shaft of the pusher (Flӧss Fig. 4), the deployment pin is capable of moving into engagement with the molly anchor (Johanson Figs. 1 and 2) to cause a first deployable leg (left portion of 4 as shown in Fig. 2, Fig. 2) and a second deployable leg of the molly anchor (left portion of 4 as shown in Fig. 2, Fig. 2) to splay apart (Figs. 1 and 2) and thereby transition the molly anchor from the relaxed position to the deployed position (Figs. 1 and 2). The combination of Johanson and Flӧss is silent to the shaft portion of the pin inserter is accommodated within the cannulation of the molly anchor at a location between the first head portion of the molly anchor and the second head portion of the deployment pin. Robinson teaches a similar system (Figs. 1-16) capable of being used for sternal closure (¶4 discloses that use on bone, i.e. such is capable of use on bone of the sternum) comprising: a fixation device deployment assembly (Figs. 1-16) including an anchor (22), an inserter (26, 14, Fig. 5B), and a pusher (28, Fig. 5B) having a shaft (Fig. 5B) that is capable of being received within a through-bore of the inserter (Fig. 5B), wherein the through-bore extends along a longitudinal axis of the inserter (Fig. 5B) and extends through both a handle portion and a shaft portion of the inserter (Fig. 5B); wherein the shaft portion of the pin inserter is accommodated within a cannulation of the anchor (Figs. 5B and 5C) at a location between a first head portion of the anchor (upper portion of 22 as shown in Figs. 5B and 5C, Figs. 5B and 5C) and a portion of the pusher (lower portion of 28 as shown in Figs. 5B and 5C, Figs. 5B and 5C) capable of engaging a second head portion of a deployment pin (due to the shown structure and positioning as shown in Figs. 5B and 5C, Figs. 5B and 5C). One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify the connection between the pin inserter, the molly anchor, and the deployment pin as disclosed by the combination of Johanson and Flӧss to have the shaft portion of the inserter accommodated within the cannulation of the anchor at a location between the first head portion of the anchor and a portion of the pusher capable of engaging a second head portion of a deployment pin as taught by Robinson in order to provide a known connection between an insertion tool and an anchor (Robinson Figs. 5B and 5C) for holding or driving an implant member (Robinson abstract). As a result, as to claim 4, the combination of Johanson, Flӧss, and Robinson wherein the shaft portion of the pin inserter is accommodated within a cannulation of the molly anchor (Flӧss Figs. 1 and 2) at a location between a first head portion of the molly anchor and a second head portion of the deployment pin (Flӧss Figs. 1 and 2; Robinson Figs. 5B and 5C). Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Johanson and Flӧss in view of Gillard et al. (US 2010/0094294, hereinafter “Gillard”) and Houff (US 2010/0094294). As to claim 13, the combination of Johanson and Flӧss discloses the invention of claim 1 as well as the bone plate includes: a body (Figs. 1 and 2) including a bone contacting surface (lower surface of 7 as shown in Figs. 1 and 2), and an outer surface (upper surface of 7 as shown in Figs. 1 and 2) opposite of the bone contacting surface (as defined, Figs. 1 and 2). The combination of Johanson and Flӧss is silent to the body including a first longitudinal section, a second longitudinal section, a bridging section extending between the first longitudinal section and the second longitudinal section; and a ridge protruding from the bone contacting surface and configured to align and center the bone plate relative to a bone. Gillard teaches a similar system (180, 182, bone screws of ¶61, Figs. 11 and 12) capable of being used for sternal closure (Fig. 11) comprising: a bone plate (182) including an opening (220s, Fig. 12); and a fixation device deployment assembly (180, bone screws of ¶61, Figs. 11 and 12) including an anchor (bone screws of ¶61), wherein the fixation device deployment assembly is capable of inserting the anchor through the opening of the bone plate (¶61, Figs. 11 and 12), wherein the bone plate includes: a body (Figs. 11 and 12) including a first longitudinal section (portion to the left of an opening 206 as shown in Figs. 11 and 12), a second longitudinal section (portion to the right of an opening 206 as shown in Figs. 11 and 12), a bridging section (208, i.e. portion above of an opening 206 as shown in Figs. 11 and 12) extending between the first longitudinal section and the second longitudinal section (as defined, Figs. 11 and 12), a bone contacting surface (Figs. 11 and 12), and an outer surface (Figs. 11 and 12) opposite of the bone contacting surface (as defined, Figs. 11 and 12). Houff teaches a similar system (Figs. 2 and 16) capable of being used for sternal closure (¶2) comprising: a bone plate (33, Figs. 2 and 16, ¶64) including an opening (35, Fig. 2, ¶64); wherein the bone plate includes: a body (Figs. 2 and 16) including a bone contacting surface (lower surface of 33 as shown in Fig. 16, Fig. 16), and an outer surface (upper surface of 33 as shown in Fig. 16, Fig. 16) opposite of the bone contacting surface (as defined, Fig. 16); and a ridge (12) protruding from the bone contacting surface (Fig. 16) and capable of aligning and centering the bone plate relative to a bone (Fig. 16). One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify the bone plate as disclosed by the combination of Johanson and Flӧss the first longitudinal section, second longitudinal section, and bridging section as taught by Gillard in order to stabilize a sternum (Gillard abstract). One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify the bone plate as disclosed by the combination of Johanson and Flӧss by adding the ridge as taught by Houff in order to stiffen the plate (Houff ¶65) and aid in proper stability (Houff ¶26) while providing reduced surface area contact with the underlying bone (Houff ¶65) to minimize direct contact with the bone surface thus promoting the free flow of fluids and cellular activity at the healing site (Houff ¶s 24 and 47). Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Johanson and Flӧss in view of Zalenski et al. (US 2011/0106169, hereinafter “Zalenski”). As to claim 15, the combination of Johanson and Flӧss discloses the invention of claim 1. The combination of Johanson and Flӧss is silent to a holding device including a holding fork or a holding ball configured to engage the bone plate for holding the bone plate down against a bone. Zalenski teaches a similar system (Figs. 20-24C) capable of being used for sternal closure (abstract discloses a bone plate, i.e. such is capable of use on bone of the sternum) comprising: a bone plate (12A, 20, 22, 24, Figs. 20-24C) including an opening (26A, 26B, 26C, 26D, Fig. 2); further comprising a holding device (316) including a holding fork (340, 326) capable of engaging the bone plate (Figs. 20-24C) capable of holding the bone plate down against a bone (Figs. 20-24C, ¶52). One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify the system as disclosed by the combination of Johanson and Flӧss by adding the plate holder as taught by Zalenski in order to hold the bone plate and stabilize the bone during the surgical procedure (Zalenski ¶52). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMY R SIPP whose telephone number is (313)446-6553. The examiner can normally be reached on Mon - Thurs 6-4. 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 or telephone the Examiner. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kevin Truong can be reached on (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 an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /AMY R SIPP/Primary Examiner, Art Unit 3775
Read full office action

Prosecution Timeline

Mar 10, 2025
Application Filed
Jun 23, 2026
Non-Final Rejection mailed — §103, §112 (current)

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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
71%
Grant Probability
97%
With Interview (+26.1%)
3y 3m (~1y 11m remaining)
Median Time to Grant
Low
PTA Risk
Based on 526 resolved cases by this examiner. Grant probability derived from career allowance rate.

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