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
Claim 22 is objected to because of the following informalities: Midway through the claim a period is present while the claim continues thereafter. 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.
Claims 14-26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bottlang et al. (US 2012/0310289).
Regarding claim 1, Bottlang et al. disclose an osteosynthesis plate (600, figures 6A-6B) for fixation of bone fragments, comprising a plate body (601) having a top side (see figure below) and an underside (see figure below), the plate body placeable on the bone fragments at the underside of the plate body (figure 6B), wherein the plate body comprises at least one bridge section (see figure below) for bridging a gap between the bone fragments (figure 6B), wherein the plate body comprises a plurality of fixation sections (see figure below) that are located on each side of the at least one bridge section, wherein a fixation point (openings in 605 define the fixation point) is associated with each of the fixation sections, the plate body fixable to the bone fragments at the fixation point of each of the fixation sections (figure 6B), wherein the fixation point on one of the fixation sections is formed on an island section (see figure below) connected to the one of the fixation sections (figures 6A-6B) exclusively via a plurality of spring segments (608’s) that allow for relative displacement of the one of the fixation sections (¶103) and of the island section in an elastically resilient manner (¶103), and wherein at least one of the spring segments is aligned in such that, when a load is applied in a main loading direction of the bone, the island section displaces relative to the one of the fixation sections and a distance between the island section and the at least one bridge section increases (¶103 “in a direction principally parallel to the longitudinal axis of the plate”). Regarding claim 15, Bottlang et al. disclose when the load (B) is applied transversely to the one of the fixation sections, the at least one of the spring segments is aligned at an acute angle to a force vector that represents a transverse force resulting on the one of the fixation points of the island section (if one so chooses). Regarding claim 16, Bottlang et al. disclose the island section is connected to the one of the fixation sections via two spring segments (608’s, figure 6B). Regarding claim 17, Bottlang et al. disclose the island section and the two spring segments are formed by two U-shaped through-openings (606’s, figure 6A), that face each other and are nested inside each other on the one of the fixation sections (figure 6A). Regarding claim 18, Bottlang et al. disclose wherein the spring segments extend point-symmetrically from the island section (figure 6A).
Regarding claim 19, Bottlang et al. disclose the spring segments extend asymmetrically to the plate body (figure 6B).
Regarding claim 20, Bottlang et al. disclose each of the fixation sections is associated therewith two or more of the fixation points (figures 6A-6B), and each of the two or more of the fixation points (figure 6A-6B) is formed on a respective island section (figures 6A-6B). Regarding claim 21, Bottlang et al. disclose at least one of the spring segments of the two or more of the fixation points is aligned in such a way that the distance increases during the application of the load (¶103). Regarding claim 22, Bottlang et al. disclose of the fixation sections located on each side of the at least one bridge section, the at least one fixation point on the one fixation section is formed on the respective island section, whereas the at least one fixation point on the other fixation section is fixed in place on the other fixation section (figures 6A-6B) the fixation point located on a first one of the fixation sections is formed on a respective island section, and the fixation point on a second one of the fixation sections is fixed on the second one of the fixation sections (figures 6A-6B). Regarding claim 23, Bottlang et al. discloses each of the fixation points is formed on a respective island section on each side of the at least one bridge section (figure 6B).
Regarding claim 24, Bottlang et al. disclose at least one of the respective associated spring segments on the island sections of the fixation sections arranged on each side of the bridge section is aligned so as to increase the distance during the application of the load (figures 6A-6B). Regarding claim 25, Bottlang et al. disclose the plate body has exactly one bridge section (figure 6B).
Regarding claim 26, Bottlang et al. disclose the plate body comprises a plurality of bridge sections (any section between two respective 605’s/island sections) for bridging a plurality of gaps, and respective fixation sections (figures 6A-6B) are provided on each side of the bridge sections (figures 6A-6B).
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Conclusion
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/MATTHEW J LAWSON/Primary Examiner, Art Unit 3619