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 .
Response to Arguments
Applicant’s arguments with respect to claims 1-4 and 6-7 have been considered but are moot because of the new ground of rejection.
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, 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.
Claims 1-4 and 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Son et al. (US 2018/0310973) in view of SU (US 2018/030527).
Regarding claim 1, Son et al. disclose a connecting and fixing structure of a funnel chest correction plate, comprising at least one fixing plate (130); a stop limiting portion (134), which is formed in the fixing plate; a fixing groove (see figure below), which is defined between the fixing plate and the stop limiting portion; a plurality of free ends (see figure below), which are respectively defined in two end surfaces of the fixing groove; an opening end (see figure below), which is formed on one side of the fixing groove different from the free ends; a clamp limiting portion (see figure below), which is formed on the fixing plate and is located at one side opposite to the stop limiting portion; an open end (see figure below), which is defined between the clamp limiting portion and the stop limiting portion; a fixing portion (131), which is formed on the fixing plate and is located between the stop limiting portion and the clamp limiting portion; a correction plate (110), which is movable through the open end into the fixing groove to be disposed on the fixing plate and clamped and limited by the stop limiting portion and the clamp limiting portion; an adjusting hole (113), which is formed in the correction plate and corresponds in position to the fixing portion when the correction plate is disposed on the fixing plate.
However, Son et al. fail to expressly teach or disclose a fastening member, which corresponds to and is combinable with the adjusting hole and the fixing portion, wherein the adjustable hole is of an elongate form that allows for a fastening member to move along a length direction of the correction plate, and, after the fastening member is correspondingly combined with the adjusting hole and the fixing portion, the fastening member remains above along the length direction within the adjusting hole.
SU teaches a fixing plate (2/4, figure 2) and a correction plate (1) having an elongate adjusting hole (11/12) and a fastening member (3/5) which is compatible with the adjusting hole and the fixing portion (figures 21/41), wherein the adjustable hole is of an elongate form (figure 2) that allows for the fastening member (3/5) to move along a length direction of the correction plate (figures 3-4, 7-8), and, after the fastening member is correspondingly combined with the adjusting hole and the fixing portion, the fastening member remains above along the length direction within the adjusting hole (figures 3-4, 7-8) as the self-adjustable pectus reconstruction system can be self-stretching to reduce patient's pain and foreign body sensation when the patient is breathing. It also provides an expanded space to avoid patient's body growth limitation. Meanwhile, the fixing unit can be arc-shaped for conforming to ergonomics to avoid foreign body sensation and the risk of skin extrusion (¶35).
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of filing to have constructed the connecting and fixing structure of Son et al. to include a fastening member and an elongate adjusting hole in the correction plate as taught by SU as the self-adjustable pectus reconstruction system can be self-stretching to reduce patient's pain and foreign body sensation when the patient is breathing. It also provides an expanded space to avoid patient's body growth limitation. Meanwhile, the fixing unit can be arc-shaped for conforming to ergonomics to avoid foreign body sensation and the risk of skin extrusion. Regarding claim 2, Son et al. disclose an extension board (“left” 132, figure 5) extends from one side of the clamp limiting portion and has a thickness less than a thickness from the fixing plate to the stop limiting portion (figure 5).
Regarding claim 3, Son et al. disclose the extension board comprises at least one engagement notch portion (135) formed on at least one side thereof (figure 5).
Regarding claim 4, Son et al. disclose the extension board is formed with at least one connection aperture. (133/135)
Regarding claim 6, Son et al. disclose the fixing plate is formed with a through-hole portion (133) for positioning on ribs. Regarding claim 7, Son et al. disclose the fixing plate comprises a smooth surface located on one side of the stop limiting portion opposite to the fixing groove (figure 5).
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Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW JAMES LAWSON whose telephone number is (571)270-7375. The examiner can normally be reached Mon - Fri 6:30-3:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anita Coupe can be reached at 571-270-3614. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW J LAWSON/Primary Examiner, Art Unit 3619
