DETAILED ACTION
This office action is responsive to the response to restriction requirement of July 20, 2026. Claims 1-20 are pending.
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 with traverse of Invention I, claims 1-15, in the reply filed on July 20, 2026, is acknowledged. The traversal is on the ground(s) that there is no serious burden to examine both inventions. This is not found persuasive because the two inventions require different searches – one is required to search bone compressive methods, only, in one invention; whereas the other claimed invention requires a proper search into non-bone-specific areas which might have structures of the claimed design and capabilities.
The requirement is still deemed proper and is therefore made FINAL.
Claims 16-20 are hereby withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on July 20, 2026.
Examiner confirms applicant’s statement that rejoinder is desired in this application, and is open to such at the appropriate time.
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(s) 1-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim (US 5,743,908).
Regarding claim 1, Kim teaches a system for providing bone movement as at fig. 23, the system comprising:
a nail 100 capable of being placed across two bones 106/108 and comprising:
a first end 112 configured to be fixed in a first bone 106 of the two bones;
a second end 114 configured to be fixed in a second bone 108 of the two bones; and
a first opening 104 (understood to be identical to the form of 62, demonstrated clearly as at figs. 13/14, identified as a double cam) comprising:
a third end (down in fig. 23, down in fig. 13) having a first diameter ;
a fourth end (up in fig. 23, up in fig. 13) having a second diameter larger than the first diameter; and
one or more walls (66 and wall portions there-about in fig. 13, 126 and wall portions there-about in fig. 23) connecting the third and fourth ends; and
a first fixation device 28 configured for delivery through the first opening 102 and into the second bone 108, and configured to engage with the one or more walls 66/126 and walls there-about of the first opening 102 thereby moving the first and second bones 106/108 in relation to one another (compression across 110: col. 7, lines 42 – 57).
Regarding claim 2, the nail 100 further comprises a second opening 102, and wherein the system further comprises a second fixation device 28 configured for delivery through the second opening 102 and into the first bone 106.
Regarding claim 3, the first opening has a teardrop shape as can be seen in fig. 13.
Regarding claim 4, the first fixation device 28 transitions from the third end of the first opening 104 (down in fig. 23) to the fourth end (up in fig. 23) of the first opening 104 as the first fixation device 28 is delivered through the first opening 104 (as shoulder 38 interacts with the cam surface).
Regarding claim 5, the first fixation device 28 engages with the one or more walls 66 and associated walls of the first opening 104 via one or more threads at 40 of the first fixation device 28 (threads initially interact with 66, until 28 is inserted farther and the enlarged portion of 28 does so).
Regarding claim 6, when the first and second bones 106/108 are moved in relation to one another, the first fixation device engages with the third end of the first opening (positioning shown in fig. 23).
Regarding claim 7, when the first and second bones 106/108 are moved in relation to one another, at least a respective portion of the nail 100 and the first fixation device 28 are capable of being disposed external to the first and second bones (screws shown external to the bone in fig. 23; if a bone of different anatomy were chosen, an end of 10 could protrude, therefrom; this is demonstrated in a fig. 11 version).
Regarding claim 8, the first fixation device 28 comprises a screw (threads at 40).
Regarding claim 9, the screw comprises a head 44, and wherein when the first and second bones 106/108 are moved in relation to one another, the head 44 of the screw is disposed at least a first distance from the nail (further inserted than when the motion has not occurred).
Regarding claim 10, the nail includes one or more threads 52 configured to engage with the first bone as seen in fig. 11.
Regarding claim 11, the first opening 104 is perpendicular to a longitudinal axis of the nail as can be seen in fig. 23.
Regarding claim 12, the first opening 104 is disposed at an angle in relation to a longitudinal axis of the nail (e.g. perpendicular).
Regarding claim 13, Kim teaches system as at fig. 2 for providing bone movement, the system comprising:
a nail 14 configured for placement in a first bone 32/34 and comprising:
a first end (up in fig. 2) configured to be fixed in a first bone fragment 32 of the first bone;
a second end (down in fig. 2) configured to be fixed in a second bone fragment 34 of the first bone; and
a first opening 24 comprising:
a third end having a first diameter (down as in fig. 6); and
a fourth end having a second diameter (up as in fig. 6) larger than the first diameter; and
a first fixation device 28 configured for delivery through the first opening 24 and into the second bone fragment 34 by transitioning from the third end to the fourth end of the first opening thereby moving the first and second bone fragments in relation to one another (col. 5, lines 46-59).
Regarding claim 14. the first opening 24 has a teardrop shape as can be seen in fig. 6.
Regarding claim 15, the first fixation device 28 comprises a screw (threads at 40), wherein the screw comprises a head 44, and wherein when the first and second bone fragments 32/34 are moved in relation to one another, the head 44 of the screw is disposed at least a first distance from the nail (as the screw is advanced therethrough the distance between rod and head changes).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to David Bates whose telephone number is (571)270-7034. The examiner can normally be reached Monday through Friday, 10AM-6PM
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/DAVID W BATES/Primary Examiner, Art Unit 3799
