DETAILED ACTION
The following is a final office action is response to communications received on 08/18/2025. Claims 101-119 are currently pending and addressed below. Claims 109-112 are withdrawn.
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Response to Arguments
Applicant's arguments filed 08/18/2025 have been fully considered but they are not persuasive.
On page 1, applicant argues that Southworth fails to disclose: step b- providing an artificial contacting surface to said joint, because there is nothing outside of reference 14 in Southworth. The examiner respectfully disagrees. As illustrated in Southworth Fig 1, the prosthetic cup (24) is outside of head component (14).
On page 2, applicant argues that Southworth fails to disclose: step C- fixating the artificial contacting surface to the joint, since there is no artificial contacting surface, the artificial contacting surface cannot be fixed to the joint. The examiner respectfully disagrees. As discussed supra, Southworth Fig 1, teaches a prosthetic cup (24) outside of head component (14).
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of pre-AIA 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 –
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claim(s) 101-103, 106-108 & 113-117 is/are rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by Southworth (US 7,144,427).
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Regarding Claim 101, Southworth teaches a method of implanting a medical device (10) for lubricating a joint in a human body, said method comprising the steps of:
a. creating an opening reaching from outside of the human body into the joint (i.e., an implant),
b. providing an artificial contacting surface (prosthetic cup outside of 14) to said joint,
c. fixating the artificial contacting surface to the joint,
d. implanting a reservoir (30) in the human body, and
e. lubricating said artificial contacting surface (Col 4: lines 1-17) by pressurizing a lubricating fluid (i.e., synovial fluid taught in Col 4: lines 37-45) contained in said reservoir.
Regarding Claim 102, Southworth teaches wherein the step of lubricating said artificial contacting surface by pressurizing the lubricating fluid contained in said reservoir, comprises pressurizing (via deformation of 28) the reservoir (30) containing said lubricating fluid.
Regarding Claim 103, Southworth teaches wherein the step of lubricating said artificial contacting surface by pressurizing the lubricating fluid contained in said reservoir, comprises implanting an operation device (valve 56) transporting said fluid from said reservoir (30) to said artificial contacting surface or operating said operation device to increase the pressure in said reservoir (Col 4: lines 1-17).
Regarding Claim 106, Southworth teaches wherein the step of implanting a reservoir in the human body, comprises implanting an operation device (56) being integrated in said reservoir (30) allowing the step of lubricating said artificial contacting surface by pressurizing the lubricating fluid contained in said reservoir, using said operation device transporting said fluid from said reservoir to said artificial contacting surface (Col 4: lines 1-17).
Regarding Claim 107, Southworth teaches wherein the step of implanting said reservoir in the human body comprises the step of implanting said reservoir at least partially inside of a bone of the patient (Col 6: lines 32-46) .
Regarding Claim 108, Southworth teaches wherein the step of implanting said reservoir at least partially inside of a bone of the human body comprises the step of implanting said reservoir at least partially inside of the femoral bone of the patient (Col 6: lines 32-46).
Regarding Claim 113, Southworth teaches wherein the step of implanting said reservoir in the human body, comprises the step of implanting said reservoir subcutaneously.
Regarding Claim 114, Southworth teaches wherein the step of implanting said reservoir subcutaneously, comprises the step of implanting said reservoir in at least one of the regions of the patient selected from a group of regions consisting of:
a. the abdominal region,
b. the inguinal region,
c. the pelvic region,
d. the thigh region (Col 6: lines 32-46 teach the knee), and
e. the calf region.
Regarding Claim 115, Southworth teaches wherein the method further comprises the step of implanting an injection port (44) for filling of said reservoir.
Regarding Claim 116, Southworth teaches wherein the step of implanting said injection port comprises the step of implanting said injection port (44) in connection with bone (as the device is implanted in bone it is considered in connection with bone).
Regarding Claim 117, Southworth teaches a method of lubricating an implantable medical device (10), said medical device comprising an artificial contacting surface (outside surface of 14) adapted to carry weight in a joint of a patient, said artificial contacting surface comprises at least one channel (56) for transporting of a lubricating fluid (i.e., synovial fluid), said method comprises the steps of:
a. implanting said medical device in a joint (e.g., the knee) of the human patient,
b. implanting a conduit (valve pathway) for to be connected to said medical device,
c. implanting an operation device (valve 56) for transporting a lubricating fluid inside said conduit,
d. implanting a reservoir (30) adapted to hold a lubricating fluid, and
e. at least postoperatively transporting, by said operation device or said pressurized fluid, said lubricating fluid from said reservoir to said artificial contacting surface in said conduit and further through said channel in said artificial contacting surface, thereby applying said lubricating fluid to said artificial contacting surface (Col 4: lines 1-17 & 37-45).
Allowable Subject Matter
Claims 104-105 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 118 & 109 are allowed.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN AINSLEY DUKERT whose telephone number is (571)270-3258. The examiner can normally be reached Mon-Fri 6am-4pm.
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, Melanie Tyson can be reached at (571)272-9062. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRIAN A DUKERT/Primary Examiner, Art Unit 3774