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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 11/17/2025 has been entered.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-8 and 11-14 have been considered but are moot in view of the new grounds of rejection.
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.
Claim(s) 1, 2, 4-7, and 12-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schwyzer et al. (Pub. No.: US 2011/0106266 A1; hereinafter “Schwyzer”).
Schwyzer discloses the following regarding claim 1: a reverse shoulder system, comprising: a glenoid baseplate (11) (Figs. 5-10) comprising a longitudinal axis (please see annotated Figure A, below), a stem (17), and a central channel (19) within the stem (Figs. 2, 4, 6), the stem comprising a stem longitudinal axis (Figure A), wherein the glenoid baseplate longitudinal axis is oblique with respect to the stem longitudinal axis (Figure A; para. 0034), wherein a superior surface (26, 27) of the glenoid baseplate is not perpendicular with respect to the longitudinal axis of the stem (Fig. 9, where the planes extending transversely through the concave superior surfaces are not perpendicular to the central longitudinal baseplate axis).
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Figure A.
Schwyzer discloses the following regarding claim 2: the reverse shoulder system of Claim 1, wherein the glenoid baseplate comprises a disc-shaped portion extending radially outward from the central channel (Figs. 6-10).
Schwyzer discloses the following regarding claim 4: the reverse shoulder system of Claim 1, wherein the glenoid baseplate comprises a peripheral edge (outer borders of the baseplate element 11).
Schwyzer discloses the following regarding claim 5: the reverse shoulder system of Claim 4, wherein the peripheral edge comprises spaced-apart anti-rotation features (15, 16, 22, 23).
Schwyzer discloses the following regarding claim 6: the reverse shoulder system of Claim 5, wherein the anti-rotation features comprise slots (slot openings in elements 15, 16) (Fig. 6; paras. 0036.
Schwyzer discloses the following regarding claim 7: the reverse shoulder system of Claim 4, wherein an inferior portion of the peripheral edge comprises a porous coating (para. 0009).
Schwyzer discloses the following regarding claim 12: the reverse shoulder system of Claim 1, further comprising a glenosphere (28).
Schwyzer discloses the following regarding claim 13: the reverse shoulder system of Claim 12, wherein the glenosphere comprises a superior dome-shaped surface (33) comprising a rotational control feature (29, 32) configured such that an inserter tool can lock the glenosphere and the glenoid baseplate to allow for rotation of the glenosphere and the glenoid baseplate together (fully capable upon the assembly and the disassembly of the device; paras. 0041-0042).
Schwyzer discloses the following regarding claim 14: the reverse shoulder system of Claim 13, wherein the rotational control feature comprises a spline (projections on element 29).
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(s) 3 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schwyzer in view of Stone et al. (Pub. No.: US 2005/0107882 A1; hereinafter “Stone”).
Schwyzer discloses the limitations of the claimed invention, as described above. However, it does not recite the stem comprising a sidewall that extends superiorly with respect to the disc portion; and the stem comprising a Morse taper lock superior to a superior-most portion of the disc-shaped portion of the glenoid baseplate. Stone teaches that it is well known in the art that a shoulder implant comprises a stem (268, 272) having a sidewall (268) that extends superiorly with respect to the disc portion (Figs. 30A-30C; para. 0062). The stem comprises a Morse taper lock superior to a superior-most portion of the disc-shaped portion of the glenoid baseplate (para. 0062), for the purpose of allowing a user to more easily connect a head member to the baseplate. It would have been an obvious matter of design choice to one having ordinary skill in the art to modify the device of Schwyzer to comprise the superior stem sidewall, as taught by Stone, in order to allow a user to more easily connect a head member to the baseplate. Such a modification would be made with a reasonable expectation of success. In addition, it has been held that a simple substitution of one known element for another to obtain predictable results, in the instant case, substituting one type of attachment means for another, is generally considered to be within the level of ordinary skill in the art.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schwyzer in view of Burkhead et al. (US Pat. No. 5,080,673; hereinafter “Burkhead”).
Schwyzer discloses the limitations of the claimed invention, as described above. It further recites an inferior surface of the disc-shaped portion comprising a porous coating (para. 0009). However, it does not recite a superior surface of the disc-shaped portion that does not comprise a porous coating. Burkhead teaches that it is well known in the art that a glenoid implant comprises an inferior portion of the peripheral edge of the baseplate having a porous coating, and a superior surface that does not comprise a porous coating (col. 8, lines 1-33), for the purpose of promoting bone fixation at the implantation site, while ensuring structural integrity along other portions of the implant. It would have been obvious to one having ordinary skill in the art to modify the device of Schwyzer to comprise a porous coating, as taught by Burkhead, in order to promote fixation of the prosthesis at the implantation site and ensure structural integrity along other portions of the implant. Such a modification would be made with a reasonable expectation of success.
Conclusion
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/ANN HU/Primary Examiner, Art Unit 3774