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 .
Claim Objections
Claims 5, 15, and 18 are objected to because of the following informalities:
Claim 5, line 1, it is recommended to change it to –wherein the central longitudinal axis”; to stay consistent with how it was introduced in claim 1.
Claim 15, line 2, it is recommended to change it to –wherein the central lateral axis--; to stay consistent with how it was introduced in claim 11.
Claim 18, line 1, it is recommended to change it to –the k-wire holes on the base--.
Appropriate 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.
Claim(s) 1-6, 8-16, and 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Austin et al. (US 2013/0172943; “Austin”).
Claim 1, Austin discloses a distal posterior tibial plate (Fig. 14; could be placed on any bone) which is interchangeable for left-side and right-side of a tibia (Fig. 14; could be placed on any bone) comprising: an elongate shaft (where 12 points) defining a central longitudinal axis (axis running through the middle), an inferior end (end near 70) and a superior end (end near where “Fig. 14” is) wherein the elongate shaft includes a plurality fastener holes (pick any two holes), k-wire holes (pick any two holes can be the same as fastener holes) and a dynamic compression plating (“DCP”) slot (60); a base (70) extending laterally to the elongate shaft in a T-configuration (Fig. 14) and defining a lateral axis (axis running through base holes), the base including a plurality of fastener holes (18) lying on the lateral axis (Fig. 14).
Claim 2, Austin discloses the plate of claim 1, wherein the elongate shaft includes a tapered tip (tip near where “Fig. 14” is; note how it is rounded off, so tapers in that manner) at the superior end (Fig.14) to allow the elongate shaft to be inserted beneath skin to a surgical site (Fig. 14).
Claim 3, Austin discloses the plate of claim 1, wherein all of the fastener holes in the elongate shaft are polyaxial holes (Fig. 14; paragraph [0002]).
Claim 4, Austin discloses the plate of claim 3, wherein each of the polyaxial holes is adapted to accept both a non-locking screw or a locking screw (any type of screw can be placed in a hole).
Claim 5, Austin discloses the plate of claim 1, wherein the longitudinal axis of the elongate shaft is perpendicular to the lateral axis of the base (Fig. 14).
Claim 6, Austin discloses the plate of claim 1, wherein all of the fastener holes in the elongate shaft and the base are polyaxial holes (Fig. 14; paragraph [0002]).
Claim 8, Austin discloses the plate of claim 1, wherein all of the fastener holes, k-wire holes and DCP slot on the elongate shaft lie on the longitudinal axis (Fig. 14).
Claim 9, Austin discloses the plate of claim 1, wherein the DCP slot is disposed between two adjacent k-wire holes (Fig. 14; as noted above, the way the claim is constructed, any of the holes could be considered k-wire holes, even the holes that are already considered fastener holes).
Claim 10, Austin discloses the plate of claim 1, wherein the DCP slot is configured to accept a non-locking screw to allow off-axis or oblique screw trajectory (Fig. 14; any type of screw can be used in the slot).
Claim 11, Austin discloses a distal posterior tibial plate (Fig. 14; could be placed on any bone) which is interchangeable for left-side and right-side of a tibia (Fig. 14; could be placed on any bone) comprising: an elongate shaft (where 12 points) defining a central longitudinal axis (axis running through the middle), an inferior end (end near 70) and a superior end (end near where “Fig. 14” is) wherein the elongate shaft includes a plurality fastener holes (pick any two holes), k-wire holes (pick any two holes can be the same as fastener holes) and a dynamic compression plating (“DCP”) slot (60), wherein the DCP slot is configured to accept a non-locking screw for off-axis insertion; a base (70) extending laterally to the elongate shaft in a T-configuration (Fig. 14) and defining a central lateral axis (axis running through base holes), the base including a plurality of fastener holes (18) lying on the central lateral axis (Fig. 14).
Claim 12, Austin discloses the plate of claim 11, wherein the elongate shaft includes a tapered tip (tip near where “Fig. 14” is; note how it is rounded off, so tapers in that manner) at the superior end (Fig.14) to allow the elongate shaft to be inserted beneath skin to a surgical site (Fig. 14).
Claim 13, Austin discloses the plate of claim 11, wherein all of the fastener holes in the elongate shaft are polyaxial holes (Fig. 14; paragraph [0002]).
Claim 14, Austin discloses the plate of claim 13, wherein each of the polyaxial holes is adapted to accept both a non-locking screw or a locking screw (any type of screw can be placed in a hole).
Claim 15, Austin discloses the plate of claim 1, wherein the central longitudinal axis of the elongate shaft is perpendicular to the central lateral axis of the base (Fig. 14).
Claim 16, Austin discloses the plate of claim 11, wherein all of the fastener holes in the elongate shaft and the base are polyaxial holes (Fig. 14; paragraph [0002]).
Claim 19, Austin discloses the plate of claim 11, wherein all of the fastener holes, k-wire holes and DCP slot on the elongate shaft lie on the longitudinal axis (Fig. 14).
Claim 20, Austin discloses the plate of claim 11, wherein the DCP slot is disposed between two adjacent k-wire holes (Fig. 14; as noted above, the way the claim is constructed, any of the holes could be considered k-wire holes, even the holes that are already considered fastener holes).
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 should not be negated by the manner in which the invention was made.
Claim(s) 7 and 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Austin et al. (US 2013/0172943; “Austin”), in view of Hausman (US 5676667).
Claim 7, Austin discloses the plate of claim 1, wherein they envision any type of hole, combination thereof, and different sizes.
Austin is not clear on if they teach putting k-wire holes between adjacent fastener holes that are all lined up.
Hausman teaches a plate (Fig. 1A) wherein the base includes a plurality of k-wire holes (22) with each disposed between two adjacent fastener holes (12) in the base (Fig. 1A).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to arrange the k-wire holes and fastener holes of Austin in the manner taught by Hausman, since this is a well-known layout for a plate in order to allow for the plate to be temporarily placed prior to fully attaching the plate (col. 4, lines 11-30).
Claim 17, Austin discloses the plate of claim 11, wherein they envision any type of hole, combination thereof, and different sizes.
Austin is not clear on if they teach putting k-wire holes between adjacent fastener holes as shown by Applicant’s drawings.
Hausman teaches a plate (Fig. 1F) wherein the base includes a plurality of k-wire holes (22) with each disposed between two adjacent fastener holes (12) in the base (Fig. 1A).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to arrange the k-wire holes and fastener holes of Austin in the manner taught by Hausman, since this is a well-known layout for a plate in order to allow for the plate to be temporarily placed prior to fully attaching the plate (col. 4, lines 11-30).
Claim 18, Austin in view of Hausman disclose the plate of claim 17, Hausman teaches wherein all of the k-wire holes on the base lie on an axis which is offset (Fig. 1F) from the central lateral axis (Fig. 1F).
While Hausman teaches each subsequent one to stagger, it should be noted that as long as there are two on the same axis then it meets the current claim. Even if the claim required each subsequent one to be on the same axis, it would have been obvious to one having ordinary skill in the art at the time the invention was made to relocate the holes in this manner, since it has been held that rearranging parts of an invention involves only routine skill in the art. Furthermore, Hausman teaches putting the k-wire holes in a variety of locations (Figs. 1A-1E) and mentions that the configuration is not important so as long as they allow for the plate to be tacked to the bone (col. 4, lines 21-30).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Zade Coley whose telephone number is (571)270-1931. The examiner can normally be reached M-F (9-5) PT.
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/Zade Coley/Primary Examiner, Art Unit 3775
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