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 Group I, Species A, drawn to claims 1, 3-8, 13-16, 18, and 19 in the reply filed on July 22, 2026 is acknowledged. 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)).
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 14 recites the limitations "the diameter of the tip" and “the inner diameter of the threaded shaft” in lines 2-3. There is insufficient antecedent basis for this limitation in the claim. Appropriate clarification and correction is required.
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, 3-8, 13-16, 18, and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Pub. No. 2018/0085154 to Kulper et al.
As to Claim 1, Kulper discloses an orthopedic screw (10, [0133]). The screw comprises a threaded shaft (50) made of a non-absorbable material and a tip (including 12, 20) made of an absorbable material (materials described in [0145], wherein the shaft (50) and the tip (12, 20) are positively connected (seen in Figs. 3C, 3E, and 3F, [0162]).
As to Claim 3, Kulper discloses an orthopedic screw wherein a distal end of the shaft comprises a recess (e.g. 55, Fig. 3E) into which a protrusion at a proximal end (27) of the tip protrudes (Fig. 3E, [0158]).
As to Claim 4, Kulper discloses an orthopedic screw wherein the recess (55) extends along a longitudinal center axis of the shaft (Seen in Fig. 3E)
As to Claim 5, Kulper discloses an orthopedic screw wherein the recess is cylindrical in shape (Fig. 3E, [0158]).
As to Claim 6, Kulper discloses an orthopedic screw wherein the recess comprises at least one undercut (at 56, Fig. 3E, [0158]).
As to Claim 7, Kulper discloses an orthopedic screw wherein the recess is cylindrical and comprises at least one undercut in the form of circumferential grooves (grooves formed by 56, Fig. 3E, [0158]).
As to Claim 8, Kulper discloses an orthopedic screw wherein the number of circumferential grooves is 1 or more (one or more crimping sections 56, [0158]).
As to Claim 13, Kulper discloses an orthopedic screw wherein the tip is non-threaded (seen in Fig. 3E).
As to Claim 14, Kulper discloses an orthopedic screw wherein the diameter of the tip is equal to or smaller than the inner diameter of the threaded shaft (diameters equal at lositive connection between 27 and 55, Fig. 3E).
As to Claim 15, Kulper discloses an orthopedic screw wherein the distal end of the tip is rounded (best seen in Fig. 1B, [0150]).
As to Claim 16, Kulper discloses an orthopedic screw wherein the shaft is made of titanium or stainless steel (materials described in [0211]).
As to Claim 18, Kulper discloses an orthopedic screw wherein the tip is made of an absorbable polymer material (polylactic acide, [0145]).
As to Claim 19, Kulper discloses an orthopedic screw wherein absorbable polymer material is polylactic acide [0145].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER J BECCIA whose telephone number is (571)270-7391. The examiner can normally be reached Mon - Fri 8:30-5:00.
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/CHRISTOPHER J BECCIA/Primary Examiner, Art Unit 3775
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