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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on October 6th, 2025 has been entered.
Response to Arguments
Applicant's arguments filed January 30th, 2026 have been fully considered but they are not persuasive. Applicant argues that Kloss fails to teach or disclose “a groove included in the first plurality of grooves has a width that is 0.25 µm to 500 µm.” The Examiner relies upon figure 3c and ¶216 of Kloss for support. Paragraph 216 teaches that the thickness of the wall is 0.30 mm (300 µm) and that the cuts in the walls of the vertical tubes are 0.25 mm (250 µm). The annotate figure below identifies the grooves which are dimensioned smaller than both the cuts and the thickness of the tubes. Therefore, the groove has a width that fits within the range of 0.25 µm to 500 µm. As a result, Applicant’s arguments and remarks are not found persuasive to overcome the prior art and rejections of record.
Claim Objections
Claim 19 is objected to because of the following informalities: Applicant uses the term “the first plurality of groove”. This should read “ the first plurality of grooves”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim19 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Applicant’s specification fails to provide support for “grooves included in the first plurality of groove are defined by surfaces other than the first inside surface; and grooves included in the second plurality of grooves are defined by surfaces other than the second inside surface”. The grooves of Applicant’s invention are only present in the first and second inside surfaces and not any other/additional surfaces, e.g. a top or bottom surface or an exterior surface).
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 1-13 and 15-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kloss (US 2013/0116793).
Regarding claim 1, Kloss discloses an implant material comprising a hole (see figure below) in at least one direction, and a member constituting the hole comprising grooves (see figure below), wherein: the hole comprises a first inside surface (see figure below) and a second inside surface (see figure below; a first plurality of the grooves is provided on the first inside surface of the hole in a depth direction of the hole (figure 1); and a second plurality of grooves is provided on the second inside surface of the hole in the depth direction of the hole, wherein a groove (see figure below) included in the first plurality of grooves has a width that is 0.25 µm to 500 µm (¶216).
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Regarding claim 2, Kloss discloses the member constituting the hole is composed of at least one of a pillar or a plate (figure 2).
Regarding claim 3, Kloss discloses the grooves are provided in at least one of the pillar or the plate (figure 2).
Regarding claim 4, Kloss discloses the member includes multiple holes (see figure below) that are composed of at least one of pillars or plates (figure 2).
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Regarding claim 5, Kloss discloses the grooves are alternately arranged on front and back surfaces of at least one of a pillar or a plate (figure 2).
Regarding claim 6, Kloss discloses at least one of the pillar or the plate is composed of at least one of a simple unit or a block (figures 1-2).
Regarding claim 7, Kloss discloses at one of the pillar or the plate is designed to bend (¶214, ¶216 “micro movements”).
Regarding claim 8, Kloss discloses the hole is designed not to penetrate the implant material or is designed to penetrate the implant material (figures 1-2). Regarding claim 9, Kloss discloses the implant material is at least one selected from a polymer material, a ceramic material, a metal material, an amorphous material, or a mixed material thereof (¶102).
Regarding claim 11, Kloss discloses the hole is included in a plurality of holes and at least some holes included in the plurality of holes in communication with each other (figure 1).
Regarding claim 12, Kloss discloses at least one of the pillar or the plate is designed so that the at least one of the pillar or the plate is bent by having a stretchable structure by themselves, or by varying a thickness, width, or height of the pillar or the plate (¶214, ¶216 “micro movement”).
Regarding claim 13, Kloss discloses a contact surface of the implant material is configured to bend when the implant material comes into contact with a living body (¶214, ¶216).
Regarding claim 15, Kloss discloses the implant material has a cage-like structure and has a second hole on a side surface of the cage-like structure (figures 1, 4). Regarding claim 16, Kloss discloses a method of manufacturing the implant material according to claim 1, wherein the method for manufacturing the implant material includes using a 3D modeling method (¶101 “rapid prototype”).
Regarding claim 17, Kloss discloses the first plurality of grooves comprises recesses in the first inside surface (see figure above, the grooves are recesses); and the second plurality of grooves comprises recesses in the second inside surface (see figure above, the grooves are recesses). Regarding claim 18, Kloss discloses each groove included in the first plurality of grooves is arranged along an imaginary line (see figure below); and the imaginary line extends in a direction that is perpendicular to the depth direction of the hole.
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Regarding claim 19, Kloss discloses grooves included in the first plurality of groove are defined by surfaces other than the first inside surface (defined by top and bottom surfaces are they are the terminus of the groove); and grooves included in the second plurality of grooves are defined by surfaces other than the second inside surface (defined by top and bottom surfaces are they are the terminus of the groove).
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 shall not be negated by the manner in which the invention was made.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Kloss (US 2013/0116793).
Regarding claim 14, Kloss. discloses the claimed invention except for the express teaching of the hole is formed of a truss structure body and a diameter of an inscribed circle of the hole is 500 µm to 2000 µm.
It would have been an obvious matter of design choice to one skilled in the art at the time the invention was made to construct the hole is formed of a truss structure body and an inscribed circle of the hole is 500 µm to 2000 µm, since applicant has not disclosed that such solve any stated problem or is anything more than one of numerous shapes or configurations a person ordinary skill in the art would find obvious for the purpose of providing a tissue ingrowth surface to the implant material.
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 MATTHEW JAMES LAWSON whose telephone number is (571)270-7375. The examiner can normally be reached Mon - Fri 6:30-3:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anita Coupe can be reached at 571-270-3614. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW J LAWSON/Primary Examiner, Art Unit 3619