Prosecution Insights
Last updated: October 02, 2026
Application No. 19/292,460

OFFSET HOLE FOR TPLO COMPRESSION

Non-Final OA §DOUBLEPATENT
Filed
Aug 06, 2025
Priority
Oct 04, 2022 — continuation of 12/402,923
Examiner
WAGGLE, JR, LARRY E
Art Unit
Tech Center
Assignee
DePuy Synthes Products Inc.
OA Round
1 (Non-Final)
81%
Grant Probability
Favorable
1-2
OA Rounds
1y 7m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allowance Rate
679 granted / 842 resolved
+20.6% vs TC avg
Strong +17% interview lift
Without
With
+17.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
24 currently pending
Career history
867
Total Applications
across all art units

Statute-Specific Performance

§101
2.5%
-37.5% vs TC avg
§103
40.8%
+0.8% vs TC avg
§102
27.5%
-12.5% vs TC avg
§112
22.5%
-17.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 842 resolved cases

Office Action

§DOUBLEPATENT
DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . This action is responsive to the preliminary amendments received on 15 October 2025. Claims 20-39 are currently pending. Priority Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Drawings The drawings received on 06 August 2025 are accepted by the examiner. Claim Objections Claim 25 is objected to because of the following informality: In line 3, it appears that the phrase “the next portion” should read “the neck portion.” Claim 38 is objected to because of the following informality: In line 1, it appears that the phrase “extends long” should read “extends along.” Appropriate correction is required. Specification Applicant is reminded of the proper content of an abstract of the disclosure. A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art. If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives. Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps. Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length. See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts. The abstract of the disclosure is objected to because it exceeds the range of 50 to 150 words in length. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b). Note: The examiner would recommend amending the Abstract to include language similar to that in the Notice of Allowance mailed on 07 May 2025 for Application No. 17/937,954. Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. Claims 20-24 and 28-39 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of U.S. Patent No. 12,402,923 (see Claim Mapping Table below). Although the claims at issue are not identical, they are not patentably distinct from each other because the difference between the application claims and the patent claims lies in the fact that the patent claims include more elements and are thus much specific. Thus the invention of the patent claims are in effect a "species" of the "generic" invention of the application claims. It has been held that the generic invention is "anticipated" by the "species". See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993). Since the application claims are anticipated by the patent claims, they are not patentably distinct from the patent claims. Claim Mapping Table Current Application – 19/292,460 U.S. Patent No. 12,402,923 Claim 20 – a Tibial Plateau Leveling Osteotomy (TPLO) plate for providing cranial and distal compression of an osteotomy cut, comprising: a body extending from a proximal end to a distal end and including a proximal portion configured to be positioned over a cut and repositioned proximal segment of a tibia during a TPLO procedure and a distal portion extending along a longitudinal axis and configured to be positioned over a distal segment of the tibia during the TPLO procedure; a first distal hole extending through a proximal end of the distal portion of the body, the first distal hole including an elongated portion and an offset portion, the elongated portion including a first surface extending parallel to the longitudinal axis and the offset portion including a second surface extending from a first end of the first surface of the elongated portion along an offset axis angled relative to the longitudinal axis; and a second distal hole extending through the distal portion of the body distally of the first distal hole, the second distal hole extending along the longitudinal axis and including a sloped compression surface along a distal portion thereof. Claim 1 – a Tibial Plateau Leveling Osteotomy (TPLO) plate for providing a cranial and a distal compression of an osteotomy cut, comprising: a body extending longitudinally from a proximal end to a distal end and defined via a first surface which, in an operative configuration, faces away from a bone and a second surface which, in the operative configuration, faces toward the bone, the body including a proximal portion configured to be positioned over a cut and repositioned proximal segment of a tibia during a TPLO procedure and a distal portion extending along a longitudinal axis and configured to be positioned over a distal segment of the tibia during the TPLO procedure; a first distal hole extending through a proximal end of the distal portion of the body from the first surface to the second surface, the first distal hole including an elongated portion and an offset portion open to and in communication with one another, the elongated portion extending along the longitudinal axis and the offset portion extending distally from the elongated portion along an offset axis, which extends at an angle relative to the longitudinal axis; and a second distal hole extending through the distal portion of the body distally of the first distal hole from the first surface to the second surface, the second distal hole extending along the longitudinal axis in alignment with the elongated portion of the first distal hole and including a sloped compression surface along a distal portion thereof, wherein the first distal hole is configured such that when a first distal compression to the osteotomy cut is applied via insertion of a bone fixation element into the distal portion of the second distal hole, a second bone fixation element translates along the offset axis from a central axis to a point of intersection to provide a cranial compression to the osteotomy cut. Claim 21 – the plate of claim 20, wherein the second distal hole is aligned with the elongated portion of the first distal hole. Claim 1 – a Tibial Plateau Leveling Osteotomy (TPLO) plate for providing a cranial and a distal compression of an osteotomy cut, comprising: a body extending longitudinally from a proximal end to a distal end and defined via a first surface which, in an operative configuration, faces away from a bone and a second surface which, in the operative configuration, faces toward the bone, the body including a proximal portion configured to be positioned over a cut and repositioned proximal segment of a tibia during a TPLO procedure and a distal portion extending along a longitudinal axis and configured to be positioned over a distal segment of the tibia during the TPLO procedure; a first distal hole extending through a proximal end of the distal portion of the body from the first surface to the second surface, the first distal hole including an elongated portion and an offset portion open to and in communication with one another, the elongated portion extending along the longitudinal axis and the offset portion extending distally from the elongated portion along an offset axis, which extends at an angle relative to the longitudinal axis; and a second distal hole extending through the distal portion of the body distally of the first distal hole from the first surface to the second surface, the second distal hole extending along the longitudinal axis in alignment with the elongated portion of the first distal hole and including a sloped compression surface along a distal portion thereof, wherein the first distal hole is configured such that when a first distal compression to the osteotomy cut is applied via insertion of a bone fixation element into the distal portion of the second distal hole, a second bone fixation element translates along the offset axis from a central axis to a point of intersection to provide a cranial compression to the osteotomy cut. Claim 22 –the plate of claim 20, wherein the first end of the elongated portion is a distal end of the elongated portion and wherein the second surface of the offset portion extends distally from the first end of the first surface of the elongated portion. Claim 1 – a Tibial Plateau Leveling Osteotomy (TPLO) plate for providing a cranial and a distal compression of an osteotomy cut, comprising: a body extending longitudinally from a proximal end to a distal end and defined via a first surface which, in an operative configuration, faces away from a bone and a second surface which, in the operative configuration, faces toward the bone, the body including a proximal portion configured to be positioned over a cut and repositioned proximal segment of a tibia during a TPLO procedure and a distal portion extending along a longitudinal axis and configured to be positioned over a distal segment of the tibia during the TPLO procedure; a first distal hole extending through a proximal end of the distal portion of the body from the first surface to the second surface, the first distal hole including an elongated portion and an offset portion open to and in communication with one another, the elongated portion extending along the longitudinal axis and the offset portion extending distally from the elongated portion along an offset axis, which extends at an angle relative to the longitudinal axis; and a second distal hole extending through the distal portion of the body distally of the first distal hole from the first surface to the second surface, the second distal hole extending along the longitudinal axis in alignment with the elongated portion of the first distal hole and including a sloped compression surface along a distal portion thereof, wherein the first distal hole is configured such that when a first distal compression to the osteotomy cut is applied via insertion of a bone fixation element into the distal portion of the second distal hole, a second bone fixation element translates along the offset axis from a central axis to a point of intersection to provide a cranial compression to the osteotomy cut. Claim 23 – the plate of claim 20, wherein the first distal hole is configured such that when a first distal compression is applied to the osteotomy cut via insertion of a bone fixation element into the distal portion of the second distal hole, a second bone fixation element translates along the offset axis from a central axis to a point of intersection to provide a cranial compression to the osteotomy cut. Claim 1 – a Tibial Plateau Leveling Osteotomy (TPLO) plate for providing a cranial and a distal compression of an osteotomy cut, comprising: a body extending longitudinally from a proximal end to a distal end and defined via a first surface which, in an operative configuration, faces away from a bone and a second surface which, in the operative configuration, faces toward the bone, the body including a proximal portion configured to be positioned over a cut and repositioned proximal segment of a tibia during a TPLO procedure and a distal portion extending along a longitudinal axis and configured to be positioned over a distal segment of the tibia during the TPLO procedure; a first distal hole extending through a proximal end of the distal portion of the body from the first surface to the second surface, the first distal hole including an elongated portion and an offset portion open to and in communication with one another, the elongated portion extending along the longitudinal axis and the offset portion extending distally from the elongated portion along an offset axis, which extends at an angle relative to the longitudinal axis; and a second distal hole extending through the distal portion of the body distally of the first distal hole from the first surface to the second surface, the second distal hole extending along the longitudinal axis in alignment with the elongated portion of the first distal hole and including a sloped compression surface along a distal portion thereof, wherein the first distal hole is configured such that when a first distal compression to the osteotomy cut is applied via insertion of a bone fixation element into the distal portion of the second distal hole, a second bone fixation element translates along the offset axis from a central axis to a point of intersection to provide a cranial compression to the osteotomy cut. Claim 24 – the plate of claim 23, wherein a distance between the central axis of the offset portion along which the second bone fixation element is configured to be inserted and the point of intersection of the longitudinal axis and the offset axis is selected so that during the first distal compression, the second bone fixation element received along the central axis is configured to move proximally along the offset axis from the central axis to the point of intersection. Claim 2 – the plate of claim 1, wherein a distance between the central axis of the offset portion of the first distal hole along which the second bone fixation element is configured to be inserted and the point of intersection of the longitudinal axis and the offset axis is selected so that during the first distal compression, the second bone fixation element received along the central axis is configured to move proximally along the offset axis from the central axis to the point of intersection. Claim 28 – the plate of claim 20, wherein an angle between the longitudinal axis along which the elongated portion extends and the offset axis along which the offset portion extends corresponds to a desired cranial displacement. Claim 3 – the plate of claim 1, wherein the angle between the longitudinal axis along which the elongated portion extends and the offset axis along which the offset portion extends corresponds to a desired cranial displacement. Claim 29 – the plate of claim 23, further comprising: a third distal hole extending through the distal portion between the first and second distal holes and extends along the longitudinal axis, a distal portion of the third distal hole including a sloped compression surface. Claim 4 – the plate of claim 1, further comprising: a third distal hole extending through the distal portion of the body, between the first and second distal holes, from the first surface to the second surface and extending along the longitudinal axis, a distal portion of the third distal hole including a sloped compression surface. Claim 30 – the plate of claim 29, wherein the third distal hole is configured as a combi-hole including a proximal portion configured as a locking hole and a distal portion configured as a dynamic compression hole, the proximal and distal portions of the combi-hole open to and in communication with one another. Claim 5 – the plate of claim 4, wherein the third distal hole is configured as a combi-hole including a proximal portion configured as a locking hole and a distal portion configured as a dynamic compression hole, the proximal and distal portions of the combi-hole open to and in communication with one another. Claim 31 – the plate of claim 29, wherein when a second distal compression is provided via the third distal hole, the bone fixation element received within the first distal hole is translated proximally along the elongated portion of the first distal hole. Claim 6 – the plate of claim 4, wherein when a second distal compression is provided via the third distal hole, the bone fixation element received within the first distal hole is translated proximally along the elongated portion of the first distal hole. Claim 32 – the plate of claim 20, wherein the second distal hole is configured as a dynamic compression hole including the sloped compression surface. Claim 7 – the plate of claim 1, wherein the second distal hole is configured as a dynamic compression hole including the sloped compression surface. Claim 33 – the plate of claim 20, wherein the proximal portion of the body includes three proximal holes, each of which extends through the proximal portion, from the first surface to the second surface, along a proximal edge thereof, each of the proximal holes being configured to receive a proximal bone fixation element therein. Claim 8 – the plate of claim 1, wherein the proximal portion of the body includes three proximal holes, each of which extends through the proximal portion, from the first surface to the second surface, along a proximal edge thereof, each of the proximal holes being configured to receive a proximal bone fixation element therein. Claim 34 – the plate of claim 33, wherein a first one of the three proximal holes extends through the proximal portion in a position configured to facilitate insertion of a first one of the proximal bone fixation elements therethrough into a caudal portion of the proximal segment of the tibia, wherein a second one of the proximal holes extends through the proximal portion in a position configured to facilitate insertion of a second one of the proximal bone fixation elements therethrough into a proximal portion of the proximal segment of the tibia, and wherein a third one of the proximal holes extends through the proximal portion in a position configured to facilitate insertion of a third one of the proximal bone fixation elements therethrough into a cranial portion of the proximal segment of the tibia. Claim 9 – the plate of claim 8, wherein a first one of the three proximal holes extends through the proximal portion in a position configured to facilitate insertion of a first one of the proximal bone fixation elements therethrough into a caudal portion of the proximal segment of the tibia, wherein a second one of the proximal holes extends through the proximal portion in a position configured to facilitate insertion of a second one of the proximal bone fixation elements therethrough into a proximal portion of the proximal segment of the tibia, and wherein a third one of the proximal holes extends through the proximal portion in a position configured to facilitate insertion of a third one of the proximal bone fixation elements therethrough into a cranial portion of the proximal segment of the tibia. Claim 35 – a Tibial Plateau Leveling Osteotomy (TPLO) plate for providing a cranial and a distal compression of an osteotomy cut, comprising: a body extending longitudinally from a proximal end to a distal end, the body including a proximal portion configured to be positioned over a cut and repositioned proximal segment of a tibia during a TPLO procedure and a distal portion extending along a longitudinal axis and configured to be positioned over a distal segment of the tibia during the TPLO procedure; a first distal hole extending through the distal portion of the body, proximate the distal end thereof, the first distal hole including an elongated surface and an offset surface, the elongated surface extending along the longitudinal axis and the offset surface extending distally from a first end of the elongated surface along an offset axis angled relative to the longitudinal axis; and a second distal hole extending through the distal portion of the body proximally of the first distal hole from a first surface to a second surface, the second distal hole extending along the longitudinal axis in alignment with the elongated surface of the first distal hole and including a sloped compression surface along a distal portion thereof, wherein the first distal hole is configured such that when a first distal compression to the osteotomy cut is applied via insertion of a bone fixation element into a distal portion of the second distal hole, a second bone fixation element translates along the offset axis from a central axis to a point of intersection to provide a cranial compression and the first distal compression to the osteotomy cut. Claim 10 – a Tibial Plateau Leveling Osteotomy (TPLO) plate for providing a cranial and a distal compression of an osteotomy cut, comprising: a body extending longitudinally from a proximal end to a distal end and defined via a first surface which, in an operative configuration, faces away from a bone and a second surface which, in the operative configuration, faces toward the bone, the body including a proximal portion configured to be positioned over a cut and repositioned proximal segment of a tibia during a TPLO procedure and a distal portion extending along a longitudinal axis and configured to be positioned over a distal segment of the tibia during the TPLO procedure; a first distal hole extending through the distal portion of the body, proximate the distal end thereof, from the first surface to the second surface, the first distal hole including an elongated portion and an offset portion open to and in communication with one another, the elongated portion extending along the longitudinal axis and the offset portion extending distally from the elongated portion along an offset axis, which extends at an angle relative to the longitudinal axis; and a second distal hole extending through the distal portion of the body proximally of the first distal hole from the first surface to the second surface, the second distal hole extending along the longitudinal axis in alignment with the elongated portion of the first distal hole and including a sloped compression surface along a distal portion thereof, wherein the first distal hole is configured such that when a first distal compression to the osteotomy cut is applied via insertion of a bone fixation element into the distal portion of the second distal hole, a second bone fixation element translates along the offset axis from a central axis to a point of intersection to provide a cranial compression and the first distal compression compression to the osteotomy cut. Claim 36 – the plate of claim 35, further comprising: a third distal hole extending through the distal portion of the body, between the first distal hole and the second distal hole and extending along the longitudinal axis, a distal portion of the third distal hole including a sloped compression surface. Claim 11 – The plate of claim 10, further comprising: a third distal hole extending through the distal portion of the body, between the first distal hole and the second distal hole, from the first surface to the second surface and extending along the longitudinal axis, a distal portion of the third distal hole including a sloped compression surface. Claim 37 – a method for a Tibial Plateau Leveling Osteotomy (TPLO), comprising: positioning a bone plate in a desired initial position with a first surface of the bone plate facing away from a tibia and a second surface thereof facing the tibia so that a proximal portion of the bone plate extends over a proximal tibial segment and a distal portion of the bone plate extends over a distal tibial segment that has been cut away from the proximal tibial segment and rotated and seated within a recess formed in the distal tibial segment when the proximal tibia segment was cut away; inserting a first distal bone fixation element into the distal tibial segment of the tibia through a first distal hole, the first distal bone fixation element being inserted through the first distal hole in contact with an offset surface of the first distal hole, wherein the first distal hole includes an elongated surface extending along a longitudinal axis of the distal portion of the bone plate with the offset surface extending distally from a first end of the elongated surface along an offset axis angled relative to the longitudinal axis; and inserting a second distal bone fixation element into the distal tibial segment via a second distal hole extending through the distal portion of the bone plate distally of the first distal hole so that a head portion of the second distal bone fixation element slides along a sloped compression surface extending along a distal portion of the second distal hole to move the bone plate distally relative to the second distal bone fixation element and provide a first distal compression between the cut and rotated proximal tibial segment, the first distal bone fixation element translating proximally along the offset axis during the first distal compression so that the bone plate rotates about the second distal bone fixation element and the proximal portion of the bone plate is moved in a cranial direction to provide a cranial compression of the proximal tibial segment against the distal tibial segment. Claim 12 – a method for a Tibial Plateau Leveling Osteotomy (TPLO), comprising: positioning a bone plate in a desired initial position with a first surface of the bone plate facing away from a tibia and a second surface thereof facing the tibia so that a proximal portion of the bone plate extends over a proximal tibial segment and a distal portion of the bone plate extends over a distal tibial segment that has been cut away from the proximal tibial segment and rotated and seated within a recess formed in the distal tibial segment when the proximal tibia segment was cut away; inserting a first distal bone fixation element into the distal tibial segment of the tibia along a central axis of an offset portion of a first distal hole, which includes an elongated portion extending along a longitudinal axis of the distal portion of the bone plate and the offset portion extending distally from the elongated portion along an offset axis extending at an angle relative to the longitudinal axis; and inserting a second distal bone fixation element into the distal tibial segment via a second distal hole extending through the distal portion of the bone plate distally of the first distal hole so that a head portion of the second distal bone fixation element slides along a sloped compression surface extending along a distal portion of the second distal hole to move the bone plate distally relative to the second distal bone fixation element and provide a first distal compression between the cut and rotated proximal tibial segment, the first distal bone fixation element translating proximally along the offset axis during the first distal compression so that the bone plate rotates about the second distal bone fixation element and the proximal portion of the bone plate is moved in a cranial direction to provide a cranial compression of the proximal tibial segment against the distal tibial segment. Claim 38 – the method of claim 37, wherein the second distal hole extends along the longitudinal axis, in alignment with the elongated surface of the first distal hole. Claim 13 – the method of claim 12, wherein the second distal hole extends long the longitudinal axis, in alignment with the elongated portion of the first distal hole. Claim 39 – the method of claim 37, wherein, during the cranial compression, the first distal bone fixation element translates along the offset axis from a central axis to a point at which the longitudinal axis and the offset axis intersect. Claim 14 – the method of claim 12, wherein, during the cranial compression, the first distal bone fixation element translates along the offset axis from the central axis to a point at which the longitudinal axis and the offset axis intersect. Claims 25-27 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,402,923 (see Claim Mapping Table above) in view of Kazanovicz et al. (U.S. Patent 10,258,396). Claim 1 of U.S. Patent No. 12,402,923 disclose the claimed invention except for wherein (as to claim 25) the proximal portion of the plate is connected to the distal portion of the plate via a neck portion positioned so that, when the plate is positioned over a cut and repositioned proximal segment of a tibia as desired the next portion overlays an interface between the cut and repositioned portion of the tibia and the distal segment of the tibia, wherein (as to claim 26) the neck portion is curved so that the proximal portion is angled with respect to the longitudinal axis of the distal portion, and wherein (as to claim 27) the neck portion is curved so that the proximal portion is offset caudally relative to the distal portion. Kazanovicz et al. teach the use of a TPLO plate (60) comprising a body (i.e. body defined by 62 and 74) including a proximal portion (74) and a distal portion (62) wherein the proximal portion of the plate is connected to the distal portion of the plate via a neck portion (93) positioned so that, when the plate is positioned over a cut and repositioned proximal segment of a tibia as desired the neck portion overlays an interface (i.e. interface located adjacent 206) between the cut and repositioned portion of the tibia and the distal segment of the tibia (see Figure 14), wherein the neck portion is curved (i.e. curve defined by 95a and 95b to define θ) so that the proximal portion is angled with respect to the longitudinal axis of the distal portion (see Figures 6A and 6B), and wherein the neck portion is curved so that the proximal portion is offset caudally relative to the distal portion (see Figure 14) (see Figures 6A-6I and 14, column 4, line 45 – column 5, line 31, and column 7, lines 7-9). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to construct the invention of claim 1 of U.S. Patent No. 12,402,923 with wherein the proximal portion of the plate is connected to the distal portion of the plate via a neck portion positioned so that, when the plate is positioned over a cut and repositioned proximal segment of a tibia as desired the next portion overlays an interface between the cut and repositioned portion of the tibia and the distal segment of the tibia, wherein the neck portion is curved so that the proximal portion is angled with respect to the longitudinal axis of the distal portion, and wherein the neck portion is curved so that the proximal portion is offset caudally relative to the distal portion in view of Kazanovicz et al. in order to provide a well-known, obvious plate shape/configuration for properly fitting to the tibia after a TPLO procedure to yield predictable results. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to LARRY E WAGGLE, JR whose telephone number is (571)270-7110. The examiner can normally be reached TEAP: Monday - Friday (7:45am - 3:45pm). 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, the examiner’s supervisor, Kevin Truong can be reached 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 published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /LARRY E WAGGLE, JR/Primary Examiner, Art Unit 3775
Read full office action

Prosecution Timeline

Aug 06, 2025
Application Filed
Oct 15, 2025
Response after Non-Final Action
Aug 18, 2026
Non-Final Rejection mailed — §DOUBLEPATENT (current)

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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
81%
Grant Probability
98%
With Interview (+17.3%)
2y 9m (~1y 7m remaining)
Median Time to Grant
Low
PTA Risk
Based on 842 resolved cases by this examiner. Grant probability derived from career allowance rate.

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