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 .
The Amendment filed 1/23/2026 has been entered. The previous 112 rejection is withdrawn in light of applicant’s amendments. Claims 1-5 and 7-16 remain pending in this application.
Response to Arguments
Applicant's arguments filed 1/23/2026 have been fully considered but they are not persuasive. Applicant’s arguments, see pages 7-9, filed 1/23/2026, with respect to the rejection(s) of claim(s) 1, 7-8, 10-14, and 16 under 35 USC 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of the newly amended claims.
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 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, 5, 7-14, and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent 2008/0294268 A1 to Baum et al. (Baum).
Regarding at least claim 1
Baum teaches a base platform for an artificial joint, in particular a shoulder joint, that can be anchored on the bone and serves as a support for an artificial joint component that can be provided both in the form of a shell component and also in the form of a ball component (abstract).
[AltContent: connector][AltContent: connector][AltContent: textbox (Outer diameter of annular recess)][AltContent: textbox (Outer diameter of internal step)][AltContent: arrow][AltContent: textbox (Proximal-facing surface)][AltContent: connector][AltContent: arrow][AltContent: connector][AltContent: connector][AltContent: arrow][AltContent: textbox (Inner diameter of internal step)][AltContent: textbox (Internal diameter of annular recess)][AltContent: connector][AltContent: connector][AltContent: textbox (Distal-facing surface)][AltContent: connector][AltContent: arrow]
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Baum meets the limitations of a shoulder joint prosthesis system (abstract), the system comprising:
a glenoid anchor (platform; 11) having an internally hollow conical sleeve (pin; 19) forming an internal cavity (paragraph 0062 discloses that the pin is hollow), a tapered distal end (paragraph 0057 discloses that the pin tapers at the distal end; fig. 5), and an open proximal end configured for being removably attached to a prosthesis component (fig. 5 shows that the proximal end of the pin/sleeve is open for removable attaching to a prosthesis component 15), wherein the internal cavity includes an internal step including a distal-facing surface extending between an inner edge of the internal step and an inner surface of the hollow conical sleeve, wherein the distal-facing surface is adjacent to and proximal from an annular recess (paragraph 0068 and 0070 discloses that the hollow pin includes a ring groove fixing section which includes a distal-facing surface between an inner edge of an internal step and an inner surface of the pin/sleeve that is adjacent to and proximal from an annular recess; see annotated fig. 5 above), and wherein an inner diameter of the internal step is smaller than an internal diameter of the annular recess (annotated fig. 5 above shows that the inner diameter of the internal step is smaller than an internal diameter of the annular recess);
and the prosthesis component including a lug (fixing pin; 31) having an annular edge (ring projection; 32) with a linear proximal surface (see annotated fig. 5 above) and a distal surface that is inclined with respect to the linear proximal surface (the lug/fixing pin fits within the tapered sleeve/pin and therefore includes an inclined distal surface), wherein an outer diameter of the annular edge is greater than an outer diameter of the lug (annotated fig. 5 above shows that the outer diameter of the annular edge is greater than an outer diameter of the lug), wherein the lug is configured for insertion into the internal cavity such that the linear distal proximal surface of the annular edge of the lug seats on the proximal distal-facing surface of the internal step and within the annular recess during use to prevent disassembly of the prosthesis component and the glenoid anchor (paragraph 0068 discloses that the ring projection/annular edge latches into the ring groove/annular recess to fix the prosthesis component and the glenoid anchor as claimed).
Regarding at least claim 5
Baum teaches the shoulder joint prosthesis system of claim 1, including a conical press fit between the lug and the internal cavity of the pin (19) (paragraph 0063) that includes an annular recess (32) for receiving ring projection in a snap-in connection (paragraph 0070).
Regarding at least claim 7
Baum teaches the shoulder joint prosthesis system of claim 1. Baum also teaches wherein a surface of said internal cavity of the glenoid anchor and an outer surface of said lug of the prosthesis component are engaged with each other via a mechanical interference (the taper connection between the lug 31 and the internal cavity of the pin 19 as disclosed in paragraph 0057 are engaged with each other via mechanical interference as claimed).
Regarding at least claim 8
Baum teaches the shoulder joint prosthesis system of claim 7. Baum also teaches wherein the surface of the internal cavity of the glenoid anchor is inclined with respect to a longitudinal axis of said glenoid anchor at a predefined angle with a reduction in an internal diameter towards the tapered distal end (the taper connection of the internal cavity as disclosed in paragraphs 0057 and 0063 is inclined with respect to a longitudinal axis at a predefined angle with a reduction in diameter towards tapered distal end; fig. 5), while the outer surface of the lug of the prosthesis component is inclined with respect to the longitudinal axis of the glenoid anchor (the outer surface of the lug is inclined at an angle smaller than the predefined angle of the cavity in order to result in the conical press-fit connection disclosed in paragraph 0063).
Regarding at least claim 9
Baum teaches the shoulder joint prosthesis system of claim 1. Baum also teaches wherein the distal end of said glenoid anchor (11) includes a threaded through-hole (passages; 21) configured to receive a securing screw (23) of the shoulder joint prosthesis (paragraph 0058).
Regarding at least claim 10
Baum teaches the shoulder joint prosthesis system of claim 1. Baum also teaches wherein the prosthesis component is structurally independent of said glenoid anchor (fig. 5 shows that the prosthesis component 15 is structurally independent of the anchor 11 since it is structurally whole without depending on the anchor).
Regarding at least claim 11
Baum teaches the shoulder joint prosthesis system of claim 1. Baum also teaches wherein the open proximal end of the glenoid anchor defines a flared proximal opening which allows access to the internal cavity (the open proximal end of the tapered opening is flared because it has a shape that widens toward the proximal end; fig. 5).
Regarding at least claim 12
Baum teaches the shoulder joint prosthesis system of claim 11. Baum also teaches wherein a narrower diameter is provided adjacent to the flared proximal opening inside the internal cavity of the glenoid anchor, said narrower diameter defining an edge for seating a surface of said lug of the prosthesis component (annotated fig. 5 below shows a narrower diameter compared to the flared proximal opening, that defines an edge for seating a surface of lug).
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Regarding at least claim 13
Baum teaches the shoulder joint prosthesis system of claim 1. Baum also teaches that, in at least one embodiment, the prosthesis component is made of a different material than the glenoid anchor (paragraph 0056 discloses that the glenoid anchor 15 is made of metal and paragraph 0074 discloses that the prosthesis component 11 is made of plastic).
Regarding at least claim 14
Baum teaches the shoulder joint prosthesis system of claim 13. Baum also teaches wherein said prosthesis component comprises a portion situated opposite said lug configured to engage with a shoulder-blade component of a reverse prosthesis provided with a convex articular surface (fig. 5 shows a concave articulation surface situated opposite said lug 31 and paragraph 0008 discloses that the platform can serve for a ball or head in an inverse configuration).
Regarding at least claim 16
Baum teaches the shoulder joint prosthesis system of claim 6, wherein the lug is conical (paragraph 0063 discloses a conical press-fit in which the conical lug 31 is hammered into the conical mount of the pin 19).
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) 2-4 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baum in view of US Patent 2013/0150972 A1 to Iannotti (Iannotti).
Regarding at least claim 2
Baum teaches the shoulder joint prosthesis system of claim 1. Baum also discloses that the anchor (11) comprises an annular recess formed inside the internal cavity (ring groove of fixing section; paragraph 0068) for receiving a ring projection (32) of the lug (fig. 5), as well as a conical press fit connection between the internal cavity of the pin and the outer surface of the lug (paragraph 0070). Baum also teaches that the pin (19) is the primary anchorage that may optionally be supported by additional anchoring screws (secondary anchorage; paragraph 0016). In absence of the secondary anchorage, unwanted rotation of the prosthesis component relative to the anchor may occur. However, Baum does not teach wherein the glenoid anchor further includes notches formed in the vicinity of a mouth of the internal cavity proximal to the open proximal end and configured to engage teeth at a base of the lug.
Iannotti teaches a shoulder joint prosthesis for shoulder replacement, including a prosthesis component (20) having a lug (28) which is received in an annular recess defined within the internal cavity (206) (paragraph 0076) of a pin (200) (fig. 1) that includes anti-rotation notches (209) formed in the proximity of the annular recess for engagement with teeth (notches; 32) at a base of the lug (fig. 1) by coming into respective bearing contact, for the purpose of providing a keyed complimentary fit with the articulating component to prevent rotation of the articulating component (20) after engaging the pin (200) (paragraph 0076).
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It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the glenoid anchor of Baum, for example in the absence of secondary anchorage, to include notches formed in the vicinity of a mouth of the internal cavity proximal to the open proximal end and configured to engage teeth at a base of the lug, in order to provide a keyed complimentary fit with teeth of the single lug of the articulating component to prevent rotation of the articulating component after engaging the pin, as taught by Iannotti.
Regarding at least claim 3
Baum in view of Iannotti teaches the shoulder joint prosthesis system of claim 2. Iannotti also teaches wherein said notches are anti-rotation notches (209) inside the internal cavity configured to receive the corresponding teeth (32) which are arranged with regular spacing on the base of the lug (fig. 1 shows that the teeth are regularly spaced on the base of the lug).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to further modify the glenoid anchor of Baum to specify that said notches are anti-rotation notches inside the internal cavity configured to receive the corresponding teeth which are arranged with regular spacing on the base of the lug, in order to provide a keyed complimentary fit with teeth of the lug of the articulating component to prevent rotation of the articulating component after engaging the pin, as taught by Iannotti.
Regarding at least claim 4
Baum teaches the shoulder joint prosthesis system of according to claim 1. Baum also discloses that the anchor (11) comprises an annular recess formed inside an internal cavity for receiving a conical fixing section (fig. 5). However, Baum does not teach further comprising at least one pair of oppositely arranged anti-rotation notches in the proximity of said annular recess for receiving oppositely arranged teeth of the same lug intended to be engaged together with said glenoid anchor.
Iannotti teaches a shoulder prosthesis for shoulder replacement, including a prosthesis component (20) having a lug (28) which is received in an annular recess defined within the internal cavity (206) (paragraph 0076) of a pin (200) (fig. 1) that includes anti-rotation notches (209), which include at least one pair of oppositely arranged anti-rotation notches, formed in the proximity of the annular recess for engagement with teeth (notches; 32) at a base of the lug (fig. 1) by coming into respective bearing contact, for the purpose of providing a keyed complimentary fit with the articulating component to prevent rotation of the articulating component (20) after engaging the pin (200) (paragraph 0076).
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It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the glenoid anchor of Baum to include at least one pair of oppositely arranged anti-rotation notches in the proximity of said annular recess for receiving oppositely arranged teeth of the same lug intended to be engaged together with said glenoid anchor, in order to provide a keyed complimentary fit with teeth of the lug of the articulating component to prevent rotation of the articulating component after engaging the pin, as taught by Iannotti.
Regarding at least claim 15
Baum teaches the shoulder joint prosthesis system of claim 14, including an articulation surface/portion opposite said lug that is configured to engage with a reverse prosthesis provided with a convex articular surface (paragraph 0008 discloses that the platform can serve a ball or head in an inverse configuration). However, Baum does not teach a threaded hole formed in the tapered distal end of the glenoid anchor.
Similar to Baum, Iannotti teaches a shoulder joint prosthesis for shoulder replacement, including a prosthesis component (20) that is placed in the bone with anchoring components (200 and 100) (fig. 1). Iannotti further teaches a plurality of screws (300) that pass through each of the lateral passages (214, 114) (paragraph 0072) and within the central bore (through-hole; 103) (paragraph 0074 discloses that the screw may be threadably engaged), for the purpose of securing the components to the bone (paragraph 0075).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the rounded distal part of the tapered distal end of the glenoid anchor of Baum, to include a threaded through-hole for threadably receiving a screw, in order to secure the anchor to the bone, as taught by Iannotti.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 MELISSA A HOBAN whose telephone number is (571)270-5785. The examiner can normally be reached Monday-Friday 8:00AM-5:00PM.
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/M.A.H/ Examiner, Art Unit 3774
/SARAH W ALEMAN/ Primary Examiner, Art Unit 3774
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