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 .
Drawings
Color photographs and color drawings are not accepted in utility applications unless a petition filed under 37 CFR 1.84(a)(2) is granted. Any such petition must be accompanied by the appropriate fee set forth in 37 CFR 1.17(h), one set of color drawings or color photographs, as appropriate, if submitted via the USPTO patent electronic filing system or three sets of color drawings or color photographs, as appropriate, if not submitted via the via USPTO patent electronic filing system, and, unless already present, an amendment to include the following language as the first paragraph of the brief description of the drawings section of the specification:
The patent or application file contains at least one drawing executed in color. Copies of this patent or patent application publication with color drawing(s) will be provided by the Office upon request and payment of the necessary fee.
Color photographs will be accepted if the conditions for accepting color drawings and black and white photographs have been satisfied. See 37 CFR 1.84(b)(2).
Election/Restrictions
Applicant’s election without traverse of Group I in the reply filed on August 18th, 2026 is acknowledged.
Claims 12-13 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on August 18th, 2026.
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.
Claims 1-7 and 9-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Aeschilmann et al. (US 2004/0030341). Regarding claim 1, Aeschilmann et al. disclose a method for treating bone defects comprising placing a thermoplastic (35, figure 16/57, figures 23-25) around a bone defect (33, figure 16/figure 14); and molding the thermoplastic (¶84, figure 16/¶94, figures 23-25). Regarding claim 2, Aeschilmann et al. disclose the molding comprises heating the thermoplastic (¶17, ¶24, ¶84, ¶104). Regarding claim 3, Aeschilmann et al. disclose the heating is provided by one or more of an ultrasonic device, an electrically heated probe, a fluid heated probe, or warm or hot air (¶52). Regarding claim 4, Aeschilmann et al. disclose the molding comprises placing a sonotrode coupler (6, figure 1) in proximity to said thermoplastic (¶84), wherein said sonotrode is coupled to an ultrasonic generator (2, figure 1, ¶2). Regarding claim 5, Aeschilmann et al. disclose the bone defect is a broken bone (figure 14/figure 16). Regarding claim 6, Aeschilmann et al. disclose the thermoplastic is perforated (¶84, “textile web…consists completely of a liquefiable thermoplast”). Regarding claim 7, Aeschilmann et al. disclose the thermoplastic is an implantable sleeve (57, figure 24). Regarding claim 9, Aeschilmann et al. disclose the thermoplastic is resorbable (¶11, Abstract). Regarding claim 10, Aeschilmann et al. disclose the thermoplastic is non-resorbable (¶10-11). Regarding claim 11, Aeschilmann et al. disclose the thermoplastic comprising one or more osteogenic agent (¶65)
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.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Aeschilmann et al. (US 2004/0030341) in view of Niiranen et al. (US 6,692,498). Regarding claim 8, Aeschilmann et al. disclose the claimed invention except for the thermoplastic is irradiated.
Niiranen et al. disclose a thermoplastic (column 9, lines 51-61) plate used on the skill for facture fixation (figure 1). The plate being made of an irradiated thermoplastic (column 15, lines 25-28 and column 17, lines 16-19) as it is a conventional manner of sterilizing a thermoplastic bone plate.
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of filing to have constructed the thermoplastic bone plate of Aeschilmann et al. to be irradiated as taught by Niiranen et al. as it is a conventional manner of sterilizing a thermoplastic bone plate and sterilization of the plate prior to use will reduce the likelihood of infection post implantation.
Conclusion
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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/MATTHEW J LAWSON/Primary Examiner, Art Unit 3619
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