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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 15 October 2025 has been entered.
Claim Status
Applicant’s Remarks and Amendments filed 15 October 2025 have been entered. Claim 16 is cancelled. Claims 1-13, 15, and 17-22 are pending.
Response to Arguments
Applicant’s arguments, see page 10 of remarks, filed 15 October 2025, with respect to claim 10 have been fully considered and are persuasive. The 112(b) rejection of claim 10 has been withdrawn.
Applicant’s arguments with respect to claims 1-13, 14, and 17-22 have been considered but are moot because the new ground of rejection does not rely on any previous interpretation of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Claims 1-7, 9-11, 15-19, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Wyss (EP 1872747 A1), “Wyss” in view of Ries et al. (US 2011/0313534), “Ries” and further in view of Wang et al. (US 2014/0257507 A1), “Wang”.
Regarding claim 1, Wyss teaches a kit comprising a prosthetic component (Fig. 6, bearing component 417), provided with a stem (Fig. 6, stem 322), adapted to be implanted in use at a bone of a patient, comprising a tibial and/or femoral component of a knee prosthesis adapted to be implanted at one end of the tibial bone and/or femoral bone of the patient at a knee joint (Fig. 6 depicts an implantable hinged knee prosthesis that is inserted into the tibia of a patient (col. 9, lines 2-4)), and a case-like or shell-like device (Fig. 6, tibial tray component 218) provided with an opening (Fig. 6, cavity 234) and with a cavity and adapted to externally cover at least said stem of said prosthetic component and/or to house inside said cavity at least said stem of said prosthetic component (Fig. 6, stem 322 is received within cavity 234 (col. 11, lines 41-47)), wherein said prosthetic component (Fig. 6, bearing component 417), wherein said case-like or shell-like device (Fig. 6, tibial tray component 218) is in use placed between said prosthetic component (Fig. 6, bearing component 417) and the bone of the patient (Fig. 6, tibial tray component 218 is implanted into the tibia (col. 9, lines 2-4)), in a manner such to prevent in use the direct contact between said prosthetic component and the bone of the patient and to stably constrain said prosthetic component to the bone of the patient [0034-0035], but fails to disclose that the prosthetic component is made of a metal material, or that the case-like or shell-like device is made of a plastic material, such as a bone cement and/or PMMA, or wherein said device is preformed as a rigid structure having predetermined dimensions and thicknesses based on the type of prosthetic component to be housed, and wherein said device provides a constant thickness layer of at least 2 mm between said stem and the patient’s bone to ensure uniform cement distribution and prevent stress shielding, wherein said prosthetic component comprises housing seats for corresponding connection means present in said device, or vice versa, wherein said housing seats are shaped as through openings or non-through openings which are extended along an axis parallel to the longitudinal axis of the human body and/or in use in a vertical direction in the thickness of a tibial plate and provided with at least one opening at a lower face of said tibial plate while said connection means, in use adapted to be housed within said housing seats, have a pin-like, cylinder-like, semi-cylinder, clip-like, C, ring or tubular shape, and are positioned at a base and/or at an upper surface of said base.
Ries teaches prosthetic knee components that are made of a metal material (Fig. 8, tibial insert 16 comprises biocompatible materials such as metals [0086]), and a case-like or shell-like device is made of a plastic material (Fig. 4, tibial baseplate 14 is made from composite materials such as polymer [0081]), such as a bone cement and/or PMMA, wherein said prosthetic component comprises housing seats for corresponding connection means present in said device, or vice versa (Fig. 2, cavity 22 within tibial baseplate 14 used to mate with boss 24), wherein said housing seats are shaped as through openings or non-through openings (Fig. 2, cavity 22 is a non-through opening used to fit with boss 24) which are extended along an axis parallel to the longitudinal axis of the human body and/or in use in a vertical direction in the thickness of a tibial plate (Fig. 4, cavity 22 provides a rotational medial axis 23 that is in vertical alignment with the tibial baseplate 14 [0081]) and provided with at least one opening at a lower face of said tibial plate (Fig. 4, cavity 22 extends through underside of tibial baseplate 14) while said connection means, in use adapted to be housed within said housing seats, have a pin-like, cylinder-like, semi-cylinder, clip-like, C, ring or tubular shape (Fig. 2, boss 24 is positioned within cavity 22 and is cylindrical in shape [0085]), and are positioned at a base and/or at an upper surface of said base (Fig. 2, boss 24 is positioned on tibial insert 16). Ries discloses that using hard materials reduces debris and wear particle generation therefore reducing the chance of osteolysis and implant loosening [0096]. Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to modify the prosthetic component and case-like or shell-like device taught by Wyss to be metal and plastic in order to decrease wear of the prosthetic when implanted. However, Wyss in view of Ries fails to teach wherein said device is preformed as a rigid structure having predetermined dimensions and thicknesses based on the type of prosthetic component to be housed, and wherein said device provides a constant thickness layer of at least 2 mm between said stem and the patient’s bone to ensure uniform cement distribution and prevent stress shielding.
Wang teaches a bone implant keel wherein said device is preformed as a rigid structure (tibial implant comprises a solid metal baseplate, porous metal spacer, and fully dense stem which together form a keel [0027]) having predetermined dimensions and thicknesses based on the type of prosthetic component to be housed (articular surface is of constant or variable thickness sufficient to handle stresses induced at the interface [0025]; the profile of the surface formed by the device matches the geometry of existing resections of contemporary knee systems [0025]), and wherein said device provides a constant thickness layer of at least 2 mm between said stem and the patient’s bone to ensure uniform cement distribution and prevent stress shielding (stem portion is spaced at least 2 mm from the baseplate bone contacting surface [0027]). Wang discloses that the porous sections of the device allow for bone ingrowth, better load transfer, and easier removal of the implant during revision procedures [0001]. Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to combine the prosthetic component taught by Wyss in view of Ries with the features taught by Wang in order to improve load transfer of the device during use.
Regarding claim 2, Wyss teaches the kit according to claim 1, wherein said device (Fig. 6, tibial tray component 218) has a shape corresponding to that of said prosthetic component (Fig. 6, tibial tray component fits the shape of bearing component 417 in order to join together) and/or of said stem (Fig. 6, stem 322), and/or wherein said prosthetic component (Fig. 6, bearing component 417) is a tibial component of a knee prosthesis (Fig. 6, tibial tray component 218 is implanted into the tibia (col. 9, lines 2-4) when paired with bearing component 417) and wherein a base has a C-shaped form (Fig. 6, platform 230) and is provided with the upper surface (Fig. 6, top surface 238) and with a lower surface (Fig. 6, underside of platform 230 (not shown)), the lower surface being adapted to be constrained and/or to come into contact in use with the bone of the patient (Fig. 6, stem 232 of tibial tray component 218 is inserted into the tibia (i.e., underside of platform 230 will be in contact with bone)), the base further comprising two free ends of said C-shaped form (Fig. 6, posterior curved edges of platform 230), directed in use towards the back of the knee (Fig. 6, posterior side of implant is aligned with the back of the knee).
Regarding claim 3, Wyss teaches the kit according to claim 2, wherein said prosthetic component (Fig. 6, bearing component 417) comprises a tibial plate (Fig. 6, tibial tray component 218) and wherein said base (Fig. 6, platform 230) is adapted in use to come into contact and/or to be constrained with a lower face (Fig. 6, underside of platform 230 (not shown)) of said tibial plate (Fig. 6, tibial tray component 218) and/or has shape and size corresponding to those of said tibial plate and/or has a recess which determines said C-shaped form and separates said free ends (Fig. 6, platform 230 shapes the tibial tray component 218 and is C-shaped).
Regarding claim 4, Wyss teaches the kit according to claim 1, wherein said device (Fig. 6, tibial tray component 218) comprises a shaft (Fig. 6, stem 232) provided with a part having a tubular or conical or frustoconical or pyramid frustum shape (Fig. 6, stem 232 is conical) and a section taken along a plane parallel to the transverse plane of the human body that is circular or oval, or square with smoothed edges, or polygonal with smoothed edges (Fig. 6, stem 232 is circular shaped when cut along an axis perpendicular to axis 40), wherein said shaft (Fig. 6, stem 232) departs from a lower surface of said base (Fig. 6, platform 230), in a direction perpendicular to said base or tilted with respect to said base, so as to be inserted in the medullary canal of the bone of the patient (Fig. 6, stem 232 is perpendicular to platform 230 and is inserted into top of tibia (col. 9, lines 2-4)) and/or wherein said shaft (Fig. 6, stem 232) is in use adapted to house said stem (Fig. 6, stem 322 is inserted within stem 232) of said prosthetic component (Fig. 6, bearing component 417) and/or wherein said shaft (Fig. 6, stem 232) has dimensions slightly greater than those of said stem (Fig. 6, stem 322 is inserted within stem 232 (i.e., stem 232 is larger than stem 322)).
Regarding claim 5, Wyss teaches the kit according to claim 4, wherein said prosthetic component (Fig. 6, bearing component 417) has at least two lateral wings (Fig. 6, bearing surfaces 42, 44) and wherein said part of said shaft (Fig. 6, stem 232) comprises at least two lateral protrusions, having a triangular shape, for example right angle triangle (Fig. 6, upper portion of stem 232 has protrusions that flare outwardly to for a triangular shape), and/or a shape and a position corresponding to that of said at least two lateral wings (Fig. 6, flared stem 232 portion ends in platform 230 which has complimentary shape to bearing surfaces 42, 44) but with dimensions slightly greater than the size of said at least two lateral wings (Fig. 6, platform 230 is larger than bearing surfaces 42, 44), in a manner such that said at least two lateral protrusions can in use, at their interior, house said at least two lateral wings (Fig. 6, platform 230 lies beneath bearing surfaces 42, 44 when implanted).
Regarding claim 6, Wyss teaches the kit according to claim 5, wherein said opening (Fig. 6, cavity 234) is adapted to allow the insertion of said prosthetic component (Fig. 6, stem 322 is received within cavity 234 (col. 11, lines 41-47)) and/or of said stem and/or of said at least two lateral wings (Fig. 6, flared stem 232 portion), wherein said opening affects at least said base (Fig. 6, cavity 234 is within platform 230) and said part of said device.
Regarding claim 7, Wyss teaches the kit according to claim 6, wherein said opening (Fig. 6, cavity 234) subtends said cavity present in said device (Fig. 6, cavity 234 is open across entire width), wherein said opening (Fig. 6, cavity 234) comprises a zone (Fig. 6, top of cavity 234 in line with platform 230), having circular or polygonal shape (Fig. 6, cavity 234 is circular) and dimensions slightly greater than those of the transverse section of a portion of said stem (Fig. 5, cavity 234 has larger dimensions at the top (near platform 230) compared to the dimensions at the bottom within stem 232) and/or at least two lateral openings, adapted in use to insert said at least two lateral wings (Fig. 6, flared stem 232 portion) of said stem and/or wherein said cavity (Fig. 6, cavity 234) has, at said zone (Fig. 6, top of cavity 234 in line with platform 230), a space, having cylindrical or conical or frustoconical or pyramid frustum shape (Fig. 6, cavity 234 is cylindrical) and dimensions slightly greater than those of said portion of said stem which in use is housed in said space (Fig. 6, dimensions of cavity 234 are larger than stem 322 that is placed within cavity 234) and/or, at said openings, at least two lateral hollow portions, which are extended within said lateral protrusions of said shaft of said device.
Regarding claim 9, Wyss teaches the kit according to claim 1, wherein said device (Fig. 6, tibial tray component 218) is porous (bone engaging surfaces are porous coated to promote bone in-growth (col. 5, lines 42-43)) and/or provided with through holes, capable in use of moving bone cement from the interior of said device to the exterior thereof and/or to the bone of the patient, such bone cement being in liquid or fluid phase, suitable to anchor said prosthetic component to the bone of the patient (bone engaging surfaces of the components may be textured to allow for cementing (col. 5, lines 40-42)).
Regarding claim 10, Wyss teaches the kit according to claim 3, wherein said prosthetic component (Fig. 6, bearing component 417) is said tibial component of a knee prosthesis (Fig. 6, bearing component is implanted into tibia) and said tibial plate (Fig. 6, tibial tray component 218) is extended according to a progression parallel to a transverse plane of the human body which passes at the proximal end or proximal epiphysis of the tibia (Fig. 6, tibial tray component 218 is aligned with a transverse plane across the end of the tibia (perpendicular to axis 40)) and comprises said lower face (Fig. 6, underside of platform 230 (not shown)) and an upper face (Fig. 6, top surface 238), opposite said lower face and directed towards a femoral component of a knee prosthesis and/or wherein said tibial plate has a C-shaped form (Fig. 6, platform 230 shapes the tibial tray component 218 and is C-shaped), with two free ends of said C-shaped form in use placed at the back of the knee and a recess placed between said free ends (Fig. 6, posterior side of implant is aligned with the back of the knee and curved parts of platform 230 comprise a recess between).
Regarding claim 11, Wyss teaches the kit according to claim 3, wherein said stem (Fig. 6, stem 232) comprises a cylindrical portion (Fig. 6, stem 232 is cylindrical) which is extended from said lower face (Fig. 6, underside of platform 230 (not shown)) of said tibial plate (Fig. 6, tibial tray component 218) and/or wherein said stem and/or said portion are extended at the medullary canal of the tibia of the patient (Fig. 6, stem 232 of tibial tray component 218 is inserted into the tibia (i.e., medullary canal)).
Regarding claim 15, Wyss teaches the kit according to claim 1, wherein said device (Fig. 6, tibial tray component 218) is preformed (Fig. 6, tibial tray component 218 is used in first total knee replacement surgery and remains while other components can be changed [0054]).
Regarding claim 17, Wyss teaches a case-like or shell-like device (Fig. 6, tibial tray component 218) for a prosthetic component (Fig. 6, bearing component 417), comprising a tibial and/or femoral component of a knee prosthesis (Fig. 6, tibial tray component 218 is for knee implant) adapted to be implanted at one end of the tibial bone and/or femoral bone of the patient at a knee joint (Fig. 6, tibial tray component 218 is implanted into the tibia (col. 9, lines 2-4)), wherein said prosthetic component (Fig. 6, bearing component 417), wherein said prosthetic component (Fig. 6, bearing component 417) is according to claim 1, wherein said case-like or shell-like device (Fig. 6, tibial tray component 218) is suitable to be implanted in use at a bone of a patient (Fig. 6, tibial tray component 218 is implanted into the tibia (col. 9, lines 2-4)), wherein said device (Fig. 6, tibial tray component 218) comprises an opening (Fig. 6, opening of cavity 234) and a cavity (Fig. 6, cavity 234) and is in use adapted to externally cover and/or to house (Fig. 6, cavity 234 houses stem 322), at its interior, at least one stem (Fig. 6, stem 322) of said prosthetic component (Fig. 6, bearing component 417), wherein said device (Fig. 6, tibial tray component 218) is in use placed between said prosthetic component (Fig. 6, bearing component 417) and the bone of the patient (Fig. 6, tibial tray component 218 is between bearing component 417 and the tibia when implanted), in a manner so as to prevent in use the direct contact between the prosthetic component (Fig. 6, bearing component 417) and the bone of the patient and to stably constrain said prosthetic component (Fig. 6, bearing component 417 constrains movement of the femoral component 312 (col. 13, lines 1-3)) to the bone of the patient, but fails to disclose that the prosthetic component is made of a metal material, or that the case-like or shell-like device is made of a plastic material, such as a bone cement and/or PMMA.
Ries teaches prosthetic knee components that are made of a metal material (Fig. 8, tibial insert 16 comprises biocompatible materials such as metals [0086]), and a case-like or shell-like device is made of a plastic material (Fig. 4, tibial baseplate 14 is made from composite materials such as polymer [0081]), such as a bone cement and/or PMMA. Ries discloses that using hard materials reduces debris and wear particle generation therefore reducing the chance of osteolysis and implant loosening [0096]. Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to modify the prosthetic component and case-like or shell-like device taught by Wyss to be metal and plastic in order to decrease wear of the prosthetic when implanted.
Regarding claim 18, Wyss teaches the device according to claim 17, wherein said device (Fig. 6, tibial tray component 218) has a shape corresponding to that of said prosthetic component (Fig. 6, tibial tray component fits the shape of bearing component 417 in order to join together) and/or of said stem (Fig. 6, stem 322) of said prosthetic component (Fig. 6, bearing component 417), and/or wherein said device (Fig. 6, tibial tray component 218) comprises a base having C-shaped form (Fig. 6, platform 230) and provided with an upper surface (Fig. 6, top surface 238) and with a lower surface (Fig. 6, underside of platform 230 (not shown)), as well as with two free ends of said C-shaped form (Fig. 6, posterior curved edges of platform 230), in use directed towards the back of the knee (Fig. 6, posterior side of implant is aligned with the back of the knee), wherein said base (Fig. 6, platform 230) is in use adapted to come into contact and/or to be constrained with a lower face (Fig. 6, underside of platform 230 (not shown)) of said tibial plate and/or has shape and size corresponding to those of said tibial plate and/or has a recess which determines said C-shaped form and separates said free ends (Fig. 6, platform 230 shapes the tibial tray component 218 and is C-shaped) or wherein said device (Fig. 6, tibial tray component 218) comprises a flanged base (Fig. 6, stem 232 creates a flange with platform 230) provided with an upper surface and with a lower surface, the latter being adapted to be constrained to and/or to come into contact in use with the bone of the patient (Fig. 6, underside of platform 230 (not shown) comes into contact with tibia when implanted).
Regarding claim 19, Wyss teaches the device according to claim 17, wherein said device (Fig. 6, tibial tray component 218) comprises a shaft (Fig. 6, stem 232) provided with a part having a tubular or cylindrical or conical or frustoconical or pyramid frustum shape (Fig. 6, stem 232 is conical), and a section taken along a plane parallel to the transverse plane of the human body that is circular or oval, or square with smoothed edges, or polygonal with smoothed edges (Fig. 6, stem 232 is circular shaped when cut along an axis perpendicular to axis 40), wherein said shaft (Fig. 6, stem 232) departs from a lower surface of said base, in a direction perpendicular or tilted with respect to said base, so as to be inserted in use in the medullary canal of the bone of the patient (Fig. 6, stem 232 is perpendicular to platform 230 and is inserted into top of tibia (col. 9, lines 2-4)) and/or wherein said shaft is in use adapted to house said stem of said prosthetic component and/or wherein said shaft has dimensions slightly greater than those of said stem (Fig. 6, stem 322 is inserted within stem 232 (i.e., stem 232 is larger than stem 322)).
Regarding claim 21, Wyss teaches the device according to claim 17, wherein said opening (Fig. 6, opening of cavity 234) is adapted to allow the insertion of said prosthetic component (Fig. 6, stem 322 is received within cavity 234 (col. 11, lines 41-47)) and/or of said stem and/or of said at least two lateral wings (Fig. 6, flared stem 232 portion), wherein said opening affects at least said base (Fig. 6, cavity 234 is within platform 230) and said part of said device, wherein said opening (Fig. 6, cavity 234) subtends said cavity present in said device (Fig. 6, cavity 234 is open across entire width), wherein said opening (Fig. 6, cavity 234) comprises a zone (Fig. 6, top of cavity 234 in line with platform 230), having circular shape (Fig. 6, cavity 234 is circular) and/or dimensions slightly greater than those of the transverse section of said portion (Fig. 5, cavity 234 has larger dimensions at the top (near platform 230) compared to the dimensions at the bottom within stem 232) and/or at least two lateral openings, adapted in use to insert said at least two lateral wings (Fig. 6, flared stem 232 portion) of said stem (Fig. 6, stem 322) and/or wherein said cavity (Fig. 6, cavity 234) has, at said zone (Fig. 6, top of cavity 234 in line with platform 230), a space, having cylindrical or conical or frustoconical or pyramid frustum shape (Fig. 6, cavity 234 is cylindrical) and/or dimensions slightly greater than those of said portion which in use is housed in said space (Fig. 6, cavity 234 dimensions are larger than dimensions of stem 322 which is housed within it) and/or, at said openings, at least two lateral hollow portions, which are extended within said lateral protrusions of said shaft of said device.
Claims 8 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Wyss (EP 1872747 A1), “Wyss” in view of Ries et al. (US 2011/0313534), “Ries” and Wang et al. (US 2014/0257507 A1), “Wang” and further in view of Webb et al. (EP 2042132 A1), “Webb”.
Regarding claim 8, Wyss teaches the kit according to claim 4, a shaft (Fig. 6, stem 232), and a closure base of said shaft (Fig. 6, underside of bottom-most part of stem 232), however Wyss in view of Ries and Wang fails to teach a shaft that has a lateral progression tilted or curved or slightly tilted in use towards the back of the knee, and wherein said closure base is tilted upward at the rear with respect to the base of said device.
Webb teaches a tibial implant with a shaft that has a lateral progression tilted or curved or slightly tilted in use towards the back of the knee (Fig. 8, tibial post 7’ is angled), and wherein said closure base is tilted upward at the rear with respect to the base of said device (Fig. 8, bottom portion of tibial post 7’ is tilted due to angle of post). Webb discloses that a mobile bearing tibial implant provides a desired range of motion in flexion, tension, and rotation [0008]. Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to modify the shaft taught by Wyss in view of Ries to tilt and have a raised rear in order to provide a better range of motion.
Regarding claim 22, Wyss teaches the device according to claim 17, a shaft (Fig. 6, stem 232), the said device (Fig. 6, tibial tray component 218) and/or wherein said device (Fig. 6, tibial tray component 218) is porous (bone engaging surfaces are porous coated to promote bone in-growth (col. 5, lines 42-43)) and/or provided with through holes, capable in use of moving bone cement from the interior of said device to the exterior thereof and/or to the bone of the patient, such bone cement in liquid or fluid phase, adapted to anchor said prosthetic component to the bone of the patient (this limitation is considered optional and non-limiting because of the “and/or”), but Wyss in view of Ries and Wang fails to teach a shaft that has a lateral progression tilted or curved or slightly tilted in use towards the back of the knee, and wherein said closure base is tilted upward at the rear with respect to the base of said device.
Webb teaches a tibial implant with a shaft that has a lateral progression tilted or curved or slightly tilted in use towards the back of the knee (Fig. 8, tibial post 7’ is angled), and wherein said closure base is tilted upward at the rear with respect to the base of said device (Fig. 8, bottom portion of tibial post 7’ is tilted due to angle of post). Webb discloses that a mobile bearing tibial implant provides a desired range of motion in flexion, tension, and rotation [0008]. Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to modify the shaft taught by Wyss in view of Ries to tilt and have a raised rear in order to provide a better range of motion.
Claims 12-13 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Wyss (EP 1872747 A1), “Wyss” in view of Ries et al. (US 2011/0313534), “Ries” and Wang et al. (US 2014/0257507 A1), “Wang” and further in view of Brown et al. (US Pat. No. 7070622 B1), “Brown”.
Regarding claim 12, Wyss teaches the kit according to claim 3, and a stem (Fig. 6, stem 232), but Wyss in view of Ries and Wang fails to teach wherein the stem comprises at least two lateral wings.
Brown teaches a knee prosthesis with a stem comprising at least two lateral wings (Fig. 20, wings are created by cut out regions 272 and 274), wherein said at least two lateral wings depart from said portion and have a triangular shape (Fig. 20, cut out regions 272 and 274 create triangular shaped wings), for example with right angle and/or each have a long side that adheres and/or is constrained to the vertical extension in use of said first portion (Fig. 20, center-most side of the wing created by cut out regions 272 and 274 extends vertically along stem), a short side which adheres and/or is constrained to said lower face of said tibial plate (Fig. 20, upper side of wing created by cut out regions 272 and 274 runs along underside of tibial tray 284) and a diagonal which is extended outward with respect to said first portion of said stem (Fig. 20, diagonal portion of wing created by cut out regions 272 and 274 extends outward from stem).
Brown discloses that the mechanism wherein the cut out wings are located acts a load bearing interface between the resected tibia and the tibial tray (col. 8, lines 11-13). Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to modify the stem taught by Wyss in view of Ries to include wings to offer increased load bearing features while the prosthetic is in use.
Regarding claim 13, Wyss teaches the kit according to claim 12, and said tibial plate (Fig. 6, platform 230), but Wyss in view of Ries and Wang fails to teach wherein each short side of said at least two lateral wings is extended towards said free ends of said tibial plate and/or wherein said at least two lateral wings determine an angle between them, in use at the rear part of the knee, less than 180° or comprised between 45° and 135°.
Brown teaches wherein each short side of said at least two lateral wings is extended towards said free ends of said tibial plate (Fig. 20, upper side of wing created by cut out regions 272 and 274 runs along underside of tibial tray 284 and extends to ends of tibial tray 284) and/or wherein said at least two lateral wings (Fig. 20, wings are created by cut out regions 272 and 274) determine an angle between them, in use at the rear part of the knee, less than 180° or comprised between 45° and 135°.
Brown discloses that the mechanism wherein the cut out wings are located acts a load bearing interface between the resected tibia and the tibial tray (col. 8, lines 11-13). Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to modify the stem taught by Wyss in view of Ries to include wings to offer increased load bearing features while the prosthetic is in use.
Regarding claim 20, Wyss teaches the device according to claim 19, and said part (Fig. 6, stem 232), the prosthetic component (Fig. 6, bearing component 417), and wings of the prosthetic component (Fig. 6, bearing surfaces 42, 44) but Wyss in view of Ries and Wang fails to teach wherein the part comprises at least two lateral protrusions, having a triangular shape, including a right angled triangle, and/or a shape and a position that are corresponding to that of at least two lateral wings of said prosthetic component but with dimensions slightly greater than that of said at least two lateral wings, in a manner such that said at least two lateral protrusions can in use house, at their interior, said at least two lateral wings.
Brown teaches wherein the part comprises at least two lateral protrusions (Fig. 20, angular slots 264, 262), having a triangular shape, including a right angled triangle (Fig. 20, angular slots 264, 262 are triangular shaped), and/or a shape and a position that are corresponding to that of at least two lateral wings of said prosthetic component (Fig. 19, flanges 249) but with dimensions slightly greater than that of said at least two lateral wings (Fig. 20, angular slots 264, 262 have greater dimensions than their corresponding flanges 249), in a manner such that said at least two lateral protrusions can in use house, at their interior, said at least two lateral wings (Fig. 18, flanges 249 are housed within angular slots 264, 262).
Brown discloses that the mechanism wherein the cut out wings are located acts a load bearing interface between the resected tibia and the tibial tray (col. 8, lines 11-13). Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to modify the stem taught by Wyss in view of Ries to include wings to offer increased load bearing features while the prosthetic is in use.
Conclusion
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/G.G.R./ Examiner, Art Unit 3774
/JERRAH EDWARDS/ Supervisory Patent Examiner, Art Unit 3774