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 Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 shall not be negated by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 2, 4, 5, 8-13, 15, 16 and 19-22 are rejected under 35 U.S.C. 103 as being unpatentable over Kirschman (2011/0152947) in view of Prevost et al. (2011/0106179).
Regarding claim 1, Kirschman discloses a medical implant assembly (Figs. 1-3) comprising:
a receiver 12 having an upper portion with an inner surface at least partially configured as a helically wound thread form 24, 26 extending up towards a top surface of the receiver 12 (Fig. 1), and a channel 34, 36 configured to be attached to an elongate member 16 (id.); and
a plug 14 being threaded 46 and configured to be positioned within the upper portion of the receiver, the plug having an axis of rotation, a continuously helically wound thread form 46, and a bottom surface 14e (Fig. 3) with an annular outer edge (e.g., edge defined between 14e and 14b), the continuously helically wound thread form 46 having a start structure (annotated Fig. 3, below) with an upper surface (top side) extending between a root (radial base of the thread) and a crest (radial extent of the thread) of the continuously helically wound thread form 46, the start structure having a leading face (annotated Fig. 3, below) extending below the upper surface (top side) to a lower surface (underside) of the start structure, the leading face extending between the root and the crest and having a convex surface portion adjacent the crest (annotated Fig. 3, below), the lower surface (underside) of the start structure being spaced apart and above the annular outer edge (supra) of the bottom surface 14e of the plug so as to not be connected with the annular outer edge (supra) 14b thereof.
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Thus, Kirschman discloses the claimed invention except for the leading face comprising a concave surface portion adjacent the root.
Prevost et al. disclose that a thread form 5 (Fig. 7) can be configured with a leading face comprising a concave surface portion 72 (Figs. 7 and 8) adjacent the root (Fig. 8) to facilitate the threading beginning smoothly and consistently at the same location (para. 0031).
It would have been obvious to a person having ordinary skill in the art before the effective filing date to configure the leading face of the thread form 46 of Kirschman to comprise a concave surface portion adjacent the root, in view of Prevost et al., to further facilitate the threading beginning smoothly and consistently at the same location.
Regarding claim 2, the plug of the combination comprises an internal drive socket 52 (Fig. 1 of Kirschman).
Regarding claim 4, the upper portion of the receiver of the combination includes a first arm 38 (Figs. 1 and 2 of Kirschman) and a second arm 40 spaced apart from each other by the channel 34, 36, the helically wound thread form 44 of the receiver 12 being a discontinuously helically wound thread form and formed on the first and second arms 38, 40, the top surface of the receiver 12 being formed on the first arm 38 and the second arm 40 (Fig. 1 of Kirschman).
Regarding claim 5, the start structure of the combination discloses the claimed invention except for explicitly disclosing at least a partial planar surface. However, it is noted that the curvature of the concave and convex portions would determine whether an at least partially planar portion exists at the inflection region between the concave and convex portions.
It would have been obvious to a person having ordinary skill in the art before the effective filing date to select a desired size for the concave and convex portions, e.g., having small radii to reduce machining, resulting in an at least partially planar portion at the inflection region between the concave and convex portions. It is further noted that it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 8, Prevost et al. further discloses a lower surface of the start structure including a bottom beveled surface (e.g., Fig. 3 of Prevost et al.). This configuration facilitates assembly of the plug with the receiver.
It would have been further obvious to a person having ordinary skill in the art before the effective filing date to provide the lower surface of the start structure of Kirschman with a beveled surface, in view of Prevost et al., to further facilitate assembly of the plug with the receiver.
Regarding claim 9, Prevost et al. further discloses an upper surface of the continuously helically wound thread form sloping rearward from the root towards the crest relative to a line drawn perpendicular to the axis of rotation of the plug and a tangent line drawn along the upper surface (e.g., Fig. 3 and para. 0006 of Prevost et al.). This configuration resists splaying of the arms.
It would have been further obvious to a person having ordinary skill in the art before the effective filing date to configure the upper surface of the continuously wound thread form of Kirschman to slope rearward from the root towards the crest relative to a line drawn perpendicular to the axis of rotation of the plug and a tangent line drawn along the upper surface, in view of Prevost et al., to resist splaying of the arms.
Regarding claim 10, the lower surface of the continuously helically wound thread form of the plug 14 of Kirschman does not slope rearward from the root towards the crest relative to a line drawn perpendicular to the axis of rotation of the plug and a tangent line drawn along the lower surface.
However, Prevost et al. disclose a lower surface of the thread form sloping rearward from the root towards the crest relative to a line drawn perpendicular to the axis of rotation of the plug and a tangent line drawn along the lower surface (e.g., Fig. 3 of Prevost et al.). This configuration facilitates assembly of the plug with the receiver.
It would have been further obvious to a person having ordinary skill in the art before the effective filing date to configure the lower surface of the helically wound thread form of the plug 14 of Kirschman to slope rearward from the root towards the crest relative to a line drawn perpendicular to the axis of rotation of the plug and a tangent line drawn along the lower surface, in view of Prevost et al., to further facilitate assembly of the plug with the receiver.
Regarding claim 11, Kirschman discloses the claimed invention except for the plug 14 being a breakoff plug.
Prevost et al. teach that a plug may be provided as a breakoff plug 1 (breaks at frangible portion 32; Fig. 5; para. 0026). This configuration facilitates accurately achieving a pre-selected torque (id.).
It would have been further obvious to a person having ordinary skill in the art before the effective filing date to configure the plug 14 of Kirschman as a breakoff plug, in view of Prevost et al., to facilitate accurately achieving a pre-selected torque.
Regarding claim 12, Kirschman discloses a medical implant assembly (Figs. 1-3) comprising:
a receiver 12 having an upper portion with an inner surface at least partially configured as a helically wound thread form 24, 26 extending up towards a top surface of the receiver 12 (Fig. 1), and a channel 34, 36 configured to be attached to an elongate member 16 (id.); and
a plug 14 being threaded 46 and configured to be positioned within the upper portion of the receiver, the plug having an axis of rotation, a continuously helically wound thread form 46, and a bottom-most surface 14e (Fig. 3; para. 0045), configured to be engaged by the elongate member 16 (id.), the bottom-most surface 14e including an annular outer edge (e.g., edge defined between 14e and 14b), the continuously helically wound thread form 46 configured with a terminal start structure (annotated Fig. 3, supra) having an upper surface (top side) extending between a root and a crest of the continuously helically wound thread form 46, and a leading face (annotated Fig. 3, supra) extending below the upper surface, the leading face having a convex surface portion adjacent the crest (annotated Fig. 3, supra), the leading face being spaced apart and above the annular outer edge (supra) of the bottom-most surface 14e of the plug so as to not be connected with the annular outer edge thereof.
Thus, Kirschman discloses the claimed invention except for the leading face comprising a curvate and concave surface portion adjacent the root.
Prevost et al. disclose that a thread form 5 (Fig. 7) can be configured with a leading face comprising a curvate and concave surface portion 72 (Figs. 7 and 8) adjacent the root (Fig. 8) to facilitate the threading beginning smoothly and consistently at the same location (para. 0031).
It would have been obvious to a person having ordinary skill in the art before the effective filing date to configure the leading face of the thread form 46 of Kirschman to comprise a curvate and concave surface portion adjacent the root, in view of Prevost et al., to further facilitate the threading beginning smoothly and consistently at the same location.
Regarding claim 13, the plug 14 of the combination further comprises a central opening 52 (Figs. 2 and 3 of Kirschman) that extends entirely through the plug.
Regarding claim 15, the upper portion of the receiver of the combination includes a first arm 38 (Figs. 1 and 2 of Kirschman) and a second arm 40 spaced apart from each other by the channel 34, 36, the helically wound thread form 44 of the receiver 12 being discontinuous and formed on the first and second arms, the top surface of the receiver 12 being formed on the first arm 38 and the second arm 40 (Fig. 1 of Kirschman).
Regarding claim 16, the start structure of the combination discloses the claimed invention except for explicitly disclosing at least a partial planar surface. However, it is noted that the curvature of the concave and convex portions would determine whether an at least partially planar portion exists at the inflection region between the concave and convex portions.
It would have been obvious to a person having ordinary skill in the art before the effective filing date to select a desired size for the concave and convex portions, e.g., having small radii to reduce machining, resulting in an at least partially planar portion at the inflection region between the concave and convex portions. It is further noted that it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 19, Prevost et al. further discloses a lower surface of the start structure including a bottom beveled surface (e.g., Fig. 3 of Prevost et al.). This configuration facilitates assembly of the plug with the receiver.
It would have been further obvious to a person having ordinary skill in the art before the effective filing date to provide the lower surface of the start structure of Kirschman with a beveled surface, in view of Prevost et al., to further facilitate assembly of the plug with the receiver.
Regarding claim 20, the upper surface of the continuously helically wound thread form 46 of the plug 14 (Fig. 4 of Kirschman) of the combination extends perpendicularly relative to the axis of rotation of the plug 14 (id.).
Regarding claim 21, the continuously helically wound thread form 46 of the plug 14 of the combination includes a lower surface extending perpendicularly relative to the axis of rotation of the plug 14 (Fig. 4 of Kirschman).
Regarding claim 22, Kirschman discloses the claimed invention except for the plug 14 being a breakoff plug.
Prevost et al. teach that a plug may be provided as a breakoff plug 1 (breaks at frangible portion 32; Fig. 5; para. 0026). This configuration facilitates accurately achieving a pre-selected torque (id.).
It would have been further obvious to a person having ordinary skill in the art before the effective filing date to configure the plug 14 of Kirschman as a breakoff plug, in view of Prevost et al., to facilitate accurately achieving a pre-selected torque.
Claims 3 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Kirschman (2011/0152947) in view of Prevost et al. (2011/0106179), as applied above, and further in view of Boschert (2005/0277928).
Regarding claim 3, Kirschman discloses the claimed invention except for explicitly reciting the start structure being a first start structure disposed at a diametrically opposite location on the plug from a second start structure.
Boschert discloses that a start structure can be a first start structure disposed at a diametrically opposite location on the plug from a second start structure (i.e., a double lead start; Figs. 3 and 4; para. 0057). This configuration allows the plug (i.e., setscrew) to start more easily (id.).
It would have been obvious to a person having ordinary skill in the art before the effective filing date to configure the start structure of the combination of Kirshman and Prevost et al. as a first start structure disposed at a diametrically opposite location on the plug from a second start structure, in view of Boschert, to allow the plug to start more easily.
Regarding claim 14, Kirschman discloses the claimed invention except for explicitly reciting the terminal start structure being a first start structure disposed at a diametrically opposite location on the plug from a second start structure.
Boschert discloses that a start structure can be a first start structure disposed at a diametrically opposite location on the plug from a second start structure (i.e., a double lead start; Figs. 3 and 4; para. 0057). This configuration allows the plug (i.e., setscrew) to start more easily (id.).
It would have been obvious to a person having ordinary skill in the art before the effective filing date to configure the terminal start structure of the combination of Kirshman and Prevost et al. as a first start structure disposed at a diametrically opposite location on the plug from a second start structure, in view of Boschert, to allow the plug to start more easily.
Claims 6, 7, 17 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Kirschman (2011/0152947) in view of Prevost et al. (2011/0106179), as applied above, and further in view of Johnson et al. (20070088357).
Regarding claim 6, the device of the combination of Kirschman and Prevost et al. discloses the claimed invention except for wherein the first arm includes a first breakoff extension coupled to the top surface of the first arm, and the second arm includes a second breakoff extension coupled to the top surface of the second arm, each of the first and second breakoff extensions including the inner surface having the discontinuously helically wound thread form, the discontinuously helically wound thread form of the first breakoff extension configured to cooperate with the discontinuously helically wound thread form of the first arm, and the discontinuously helically wound thread form of the second breakoff extension configured to cooperate with the discontinuously helically wound thread form of the second arm to rotatably transfer the plug therebetween prior to the first and second breakoff extensions being separated from the first and second arms, respectively.
Johnson et al. disclose a first arm 212a (left side; Figs. 11 and 12) that includes a first breakoff extension 250 coupled to the top surface of the first arm, and a second arm 212a (right side; id.) that includes a second breakoff extension 252 coupled to the top surface of the second arm, each of the first and second breakoff extensions including the inner surface having a discontinuously helically wound thread form 256, the discontinuously helically wound thread form of the first breakoff extension 250 is configured to cooperate with the discontinuously helically wound thread form of the first arm 212a (left side), and the discontinuously helically wound thread form 256 of the second breakoff extension 252 is configured to cooperate with the discontinuously helically wound thread form of the second arm 212a (right side) to rotatably transfer a plug 110 (i.e., set screw; para. 0053) therebetween prior to the first and second breakoff extensions being separated from the first and second arms, respectively. This configuration facilitates insertion of a rod 220 and the plug while allowing removal of the extensions (paras. 0052-0053).
It would have been obvious to a person having ordinary skill in the art before the effective filing date to configure the receiver of the combination with the first arm including a first breakoff extension coupled to the top surface of the first arm, and the second arm including a second breakoff extension coupled to the top surface of the second arm, each of the first and second breakoff extensions including the inner surface having the discontinuously helically wound thread form, the discontinuously helically wound thread form of the first breakoff extension configured to cooperate with the discontinuously helically wound thread form of the first arm, and the discontinuously helically wound thread form of the second breakoff extension configured to cooperate with the discontinuously helically wound thread form of the second arm to rotatably transfer the plug therebetween prior to the first and second breakoff extensions being separated from the first and second arms, in view of Johnson, to facilitate insertion of the rod and the plug while allowing removal of the extensions.
Regarding claim 7, the device of the combination comprises a first outer radiused notch 260 (Figs. 11 and 12 of Johnson et al.) located at a convergence of the first breakoff extension 250 and the first arm 212a (left side) at the top surface thereof, and a second outer radiused notch 260 located at a convergence of the second breakoff extension 252 and the second arm 212a (right side) at the top surface thereof, the first outer radiused notch 260 being located opposite a first inner radiused recess 261, and the second outer radiused notch 260 being located opposite a second inner radiused recess 261 (Fig. 12).
Regarding claim 17, the device of the combination of Kirschman and Prevost et al. discloses the claimed invention except for wherein the first arm includes a first breakoff extension coupled to the top surface of the first arm, and the second arm includes a second breakoff extension coupled to the top surface of the second arm, each of the first and second breakoff extensions including the inner surface having the discontinuously helically wound thread form, the discontinuously helically wound thread form of the first breakoff extension configured to cooperate with the discontinuously helically wound thread form of the first arm, and the discontinuously helically wound thread form of the second breakoff extension configured to cooperate with the discontinuously helically wound thread form of the second arm to rotatably transfer the plug therebetween prior to the first and second breakoff extensions being separated from the first and second arms, respectively.
Johnson et al. disclose a first arm 212a (left side; Figs. 11 and 12) that includes a first breakoff extension 250 coupled to the top surface of the first arm, and a second arm 212a (right side; id.) that includes a second breakoff extension 252 coupled to the top surface of the second arm, each of the first and second breakoff extensions including the inner surface having a discontinuously helically wound thread form 256, the discontinuously helically wound thread form of the first breakoff extension 250 is configured to cooperate with the discontinuously helically wound thread form of the first arm 212a (left side), and the discontinuously helically wound thread form 256 of the second breakoff extension 252 is configured to cooperate with the discontinuously helically wound thread form of the second arm 212a (right side) to rotatably transfer a plug 110 (i.e., set screw; para. 0053) therebetween prior to the first and second breakoff extensions being separated from the first and second arms, respectively. This configuration facilitates insertion of a rod 220 and the plug while allowing removal of the extensions (paras. 0052-0053).
It would have been obvious to a person having ordinary skill in the art before the effective filing date to configure the receiver of the combination with the first arm including a first breakoff extension coupled to the top surface of the first arm, and the second arm including a second breakoff extension coupled to the top surface of the second arm, each of the first and second breakoff extensions including the inner surface having the discontinuously helically wound thread form, the discontinuously helically wound thread form of the first breakoff extension configured to cooperate with the discontinuously helically wound thread form of the first arm, and the discontinuously helically wound thread form of the second breakoff extension configured to cooperate with the discontinuously helically wound thread form of the second arm to rotatably transfer the plug therebetween prior to the first and second breakoff extensions being separated from the first and second arms, in view of Johnson, to facilitate insertion of the rod and the plug while allowing removal of the extensions.
Regarding claim 18, a first outer radiused notch 260 of the combination (Figs. 11 and 12 of Johnson et al.) is located at a convergence of the first breakoff extension 250 and the first arm 212a (left side) at the top surface thereof, and a second outer radiused notch 260 is located at a convergence of the second breakoff extension 252 and the second arm 212a (right side) at the top surface thereof, the first outer radiused notch 260 being located opposite a first inner radiused recess 261, and the second outer radiused notch 260 being located opposite a second inner radiused recess 261 (Fig. 12).
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 1, 3-9, 12 and 14-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, 5, 6, 9-11 of U.S. Patent No. 11,129,646. Although the claims at issue are not identical, they are not patentably distinct from each other because the differences amount to minor differences in arrangement and phraseology. Where differences exist, the claims of the issued patent the substantive difference between the application claims and the patent claims is that the patent claims include more elements and are more specific (e.g., the bottom surface being flat, the concave and convex surfaces being partial, the radius of curvature being substantially equal). Thus, the invention of the patent claims is 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.
Regarding independent application claim 1, patent claim 1 discloses a medical implant assembly comprising:
a receiver having an upper portion with an inner surface at least partially configured as a helically wound thread form extending up towards a top surface of the receiver, and a channel configured to be attached to an elongate member; and
a plug being threaded and configured to be positioned within the upper portion of the receiver, the plug having an axis of rotation, a continuously helically wound thread form, and a bottom surface with an annular outer edge, the continuously helically wound thread form having a start structure with an upper surface extending between a root and a crest of the continuously helically wound thread form, the start structure having a leading face extending below the upper surface to a lower surface of the start structure, the leading face extending between the root and the crest and having a concave (partial concave comprises concave) surface portion adjacent the root and a convex (partial convex comprises convex) surface portion adjacent the crest, the lower surface of the start structure being spaced apart and above the annular outer edge of the bottom surface of the plug so as to not be connected with the annular outer edge thereof.
Each of the dependent claims are mapped as set forth in the table at the end of this section.
Regarding independent application claim 12, patent claim 1 discloses a medical implant assembly comprising:
a receiver having an upper portion with an inner surface at least partially configured as a helically wound thread form extending up towards a top surface of the receiver, and a channel configured to be attached to an elongate member; and
a plug being threaded and configured to be positioned within the upper portion of the receiver, the plug having an axis of rotation, a continuously helically wound thread form, and a bottom-most surface configured to be engaged by the elongate member (a flat bottom is a species of surfaces configured by virtue of their shape to be engaged by an elongate member), the bottom-most surface including an annular outer edge, the continuously helically wound thread form configured with a terminal start structure (where the thread starts is a terminal end of the thread) having an upper surface extending between a root and a crest of the continuously helically wound thread form, and a leading face extending below the upper surface, the leading face having a curvate (concave comprises curvate) and concave surface portion adjacent the root and a convex surface portion adjacent the crest, the leading face being spaced apart and above the annular outer edge of the bottom-most surface of the plug so as to not be connected with the annular outer edge thereof.
Each of the dependent claims are mapped as set forth in the table at the end of this section.
Claims 2, 10, 11 and 22 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,129,646 in view of Jackson (2005/0267477).
Regarding application claims 2, 11 and 22, patent claim 1 discloses the claimed invention except for the plug having an internal drive and being a breakoff plug.
Jackson teaches a plug having an internal drive 56 (Fig. 1) and a breakaway region 53 (Fig. 2), to allow the plug to be engaged by a driving tool and break away at a desired predetermined torque (Figs. 1 and 2; paras. 0032-0033).
It would have been obvious to a person having ordinary skill in the art before the effective filing date to configure the plug with an internal drive and as a breakoff plug, in view of Jackson, to allow the plug to be engaged by a driving tool and break away at a desired predetermined torque.
Regarding application claim 10, patent claim 1 discloses the claimed invention except for the lower surface of the continuously helically wound thread form sloping rearward as claimed.
Jackson shows a lower surface of continuously helically wound thread form sloping rearward (Figs. 1 and 2). This configuration provides strength while facilitating guiding and advancement during insertion (para. 0030).
It would have been obvious to a person having ordinary skill in the art before the effective filing date to configure the lower surface of the continuously helically wound thread form to slope rearward as claimed, in view of Jackson, to provide strength while facilitating guiding and advancement during insertion.
Claims 13, 20 and 21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,129,646 in view of Kirschman (2011/0152947).
Regarding application claim 13, patent claim 1 discloses the claimed invention except for the plug having a central opening extending entirely through the plug.
Kirschman teaches a plug 14 having a central opening 52 (Figs. 2 and 3) extending entirely through the plug. This configuration allows maximum purchase of the plug by a driving tool received therein (Figs. 2 and 3; para. 0044).
It would have been obvious to a person having ordinary skill in the art before the effective filing date to configure the plug with a central opening extending entirely through the plug, in view of Kirschman, to allow maximum purchase of the plug by a driving tool received therein.
Regarding application claims 20 and 21, patent claim 1 discloses the claimed invention except for the plug having a thread form including an upper surface and lower surface that extend perpendicularly relative to the axis of rotation of the plug as claimed.
Kirschman disclose a plug 14 having a thread form including an upper surface and a lower surface that extend perpendicularly relative to the axis of rotation of the plug (Fig. 6). This configuration provides tactile feedback to facilitate insertion (para 0038).
It would have been obvious to a person having ordinary skill in the art before the effective filing date to configure the plug with a thread form having upper and lower surfaces extending perpendicularly relative to the axis of rotation, in view of Kirschman, to provide tactile feedback and facilitate insertion.
The claims of the present application and the issued patent are mapped as follows:
Appl. 19/438,100
Pat. 11,129,646
1
1
2
1 v. Jackson
3
3
4
9
5
5
6
10
7
11
8
5
9
6
10
1 v. Jackson
11
1 v. Jackson
12
1
13
1 v. Kirschman
14
3
15
9
16
5
17
10
18
11
19
5
20
1 v. Kirschman
21
1 v. Kirschman
22
1 v. Jackson
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure (see attached PTO-892).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID C COMSTOCK whose telephone number is (571)272-4710. The examiner can normally be reached M-F 9:00-5:00 PST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eduardo Robert can be reached at 571-272-4719. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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DAVID C. COMSTOCK
Examiner
Art Unit 3773
/DAVID C COMSTOCK/Examiner, Art Unit 3773
/EDUARDO C ROBERT/Supervisory Patent Examiner, Art Unit 3773
Prosecution Insights