Prosecution Insights
Last updated: October 25, 2026
Application No. 19/208,255

DUAL-PURPOSE ORTHOPEDIC SURGERY INSTRUMENT

Non-Final OA §102
Filed
May 14, 2025
Priority
Oct 29, 2021 — provisional 63/273,726 +1 more
Examiner
BATES, DAVID W
Art Unit
3799
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Joint Development Inc.
OA Round
1 (Non-Final)
76%
Grant Probability
Favorable
1-2
OA Rounds
1y 10m
Est. Remaining
93%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allowance Rate
834 granted / 1091 resolved
+6.4% vs TC avg
Strong +17% interview lift
Without
With
+16.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
47 currently pending
Career history
1139
Total Applications
across all art units

Statute-Specific Performance

§101
2.1%
-37.9% vs TC avg
§103
43.2%
+3.2% vs TC avg
§102
30.2%
-9.8% vs TC avg
§112
23.6%
-16.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1091 resolved cases

Office Action

§102
DETAILED ACTION This is the first office action on the merits in this application. The claims of May 14, 2025, are under consideration. 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 . 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, 2, 6, and 7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Buttler et al. (US 8,080,015 B2). Regarding claim 1, Buttler teaches a process for extracting an orthopedic component (col. 1, lines 20-21; col. 9, lines 26-30) with a dual-purpose orthopedic instrument as at figs. 9A-D , comprising the steps of: inserting an extractor rod 17d into an externally accessible channel 7d/9d of a weight 2d at an angle offset from a longitudinal axis thereof (see angle of 7d relative to longitudinal axis of 2d, which is considered to be the axis along 9d; rod 17d is taught being a guide means, which guide means can be attached to an implant for insertion/extraction, thereof (col. 10, lines 8-19)); tilting the extractor rod 17d into the externally accessible channel 7d/9d as at fig. 9A until the extractor rod 17d is generally coaxially aligned within the weight 2d along axis of 9d as at figs. 9B-D; attaching the extractor rod to an orthopedic component (col. 10, lines 8-19); sliding the weight along at least a portion of the extractor rod (col. 10, lines 8-19); and creating an impulse sufficient to extract the orthopedic component. Regarding Claim 2, the creating step includes the step of impacting the weight 2d against an outwardly extending collar formed along a length of the extractor rod 17d (rod 17 can be an ‘extraction rod’ (col. 7,lines 25-30); such a rod is known to include an outwardly extending collar permitting the weight to function in extraction procedures). Regarding claim 6, the tilting step includes the step of orienting the extractor rod in a predetermined orientation keyed for reception within a receiving channel 7d (the positions of figs. 9A-B are considered to be showing a ‘keyed’ interaction between the rod and the channels). Regarding claim 7, the process includes the step of passing the extractor rod 17d over a chamfered latch 21 of a self-actuable lock (actuated by the insertion process from fig. 9A to 9B). Allowable Subject Matter Claims 3-5 and 8 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Claims 9-20 are allowed. This application is a divisional of US patent 12,521,159. Many of the features which made that application allowable are present in the instant process claims. Search has been conducted reviewing previously identified prior art and additional search has been conducted. No more relevant prior art has been discovered at this time. 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 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. If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Kevin Truong, at (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. /DAVID W BATES/Primary Examiner, Art Unit 3799
Read full office action

Prosecution Timeline

May 14, 2025
Application Filed
Sep 30, 2026
Non-Final Rejection mailed — §102 (current)

Precedent Cases

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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
76%
Grant Probability
93%
With Interview (+16.7%)
3y 3m (~1y 10m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1091 resolved cases by this examiner. Grant probability derived from career allowance rate.

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