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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 21 January 2026 has been entered.
Claim Status
Applicant’s Remarks and Amendments filed 21 January 2026 have been entered. Claims 18 and 20-22 are cancelled. Claims 1-2, 6-7, 10-12, and 16-17 are pending.
Response to Arguments
The previous combination of references is replaced with a new combination in light of a newly discovered prior art reference.
Applicant's arguments filed 21 January 2026 have been fully considered but they are not persuasive. Regarding Applicant’s argument that “Perego does not teach an implant assembly that includes the anti-rotation pins 18 and the central fixing screw 21” (pg. 12 of remarks), Examiner respectfully disagrees. Perego discloses, “[a]lternatively to or in combination with said screws 18, 18’ and said pin 19, as shown in Figure 1d, threaded screws 20, 20’ and/or a threaded central fixing screw and bicortical in compression 21, can be provided” (pg. 33-34, lines 22-1). To clarify, the claims are directed towards a product, and Perego discloses all of the claimed components of the product. Although Applicant argues that Perego may disclose use of only certain components for different situations, the disclosure of a system comprising all the claimed components meets the claim requirements. Further, Perego states in the passage referenced above that the pins can be used in combination with the central screw.
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 1-2, 6-7, 10-12, and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Perego et al. (WO 2019/053576 A1), “Perego” in view of Kovacs et al. (US Pat. No. 10034757 B2), “Kovacs”.
Regarding claim 1, Perego teaches an implant system (Fig. 1 depicts a total shoulder prosthesis system) comprising: a base plate (Fig. 1, base plate 17) having at least one thru-hole (Fig. 9a, base plate 17 comprises multiple through holes); a central screw (Fig. 1, screw 21) extending from a lower surface of the base plate and operable to threadingly anchor the base plate to a bone (Fig. 1, screw 21 extends from bottom of base plate 17 and fixes base plate 17 to bone (pg. 38, lines 15-16)); and at least one augmentation device extending through the at least one thru-hole (Fig. 1, pins 18, 18’), the augmentation device comprising: (i) a post having a first end (Fig. 1, pins 18, 18’ form posts with a top side (leftmost side of pins 18, 18’ in Fig. 1), a second end and a length sized to enable the augmentation device to extend into a defect in the bone when the base plate is anchored to the bone (Fig. 1, pins 18, 18’ comprise end opposite their top side which fixes base plate 17 to bone (pg. 37, lines 22-23)), (ii) a fastener portion positioned on the first end of the post (Fig. 7c, pins 18, 18’ comprise top portion having threads secured within base plate 17), the fastener portion is secured to the base plate (Fig. 7c, threaded top side of pins 18, 18’ couple pins to base plate 17), and (iii) a footing portion positioned on the second end of the post (Fig. 7c, bottom conical portion of pins 18, 18’), the footing portion configured to press against a bone surface within the defect when the fastener portion is coupled to the base plate (Fig. 1, pins 18, 18’ comprise end opposite their top side which fixes base plate 17 to bone (pg. 37, lines 22-23)), but fails to teach the footing portion comprising a flat bottom.
Kovacs teaches an augmented glenoid system comprising a footing portion comprising a flat bottom (Fig. 11, fixation posts 204A-C comprise a flat bottom). Kovacs discloses that the design of its glenoid system works to minimize bone removal during implantation of the device (col. 9, par. 2). 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 augmentation device taught by Perego with the footing portion shape taught by Kovacs in order to minimize bone removal during implantation to promote integration of the device within the patient.
Regarding claim 2, Perego teaches a central bore (Fig. 9a, central hole of base plate 17) disposed in the base plate (Fig. 9a, base plate 17); wherein the central screw (Fig. 1, screw 21) couples and extends through the central bore (Fig. 7d, screw 21 extends through central hole of base plate 17).
Regarding claim 6, Perego teaches the at least one thru-hole (Fig. 9a, base plate 17 comprises multiple through holes) comprising a plurality of threaded peripheral holes disposed circumferentially around the central bore (Fig. 7d, central hole coupling with screw 21 is surrounded by peripheral holes coupling with screws 20, 20’); and the fastener portion comprising a threaded fastener portion having threads configured to engage with the threads of a first peripheral hole of the plurality of peripheral holes (Fig. 7d, top portions of screws 20, 20’ coupling with peripheral holes comprise threading to couple to base plate 17).
Regarding claim 7, Perego teaches at least one peripheral screw operable to extend through any one of the plurality of peripheral holes (Fig. 7d, screws 20, 20’ extend through peripheral holes of base plate 17), the at least one peripheral screw comprising: first threads configured to engage with threads of a second peripheral hole of the plurality of peripheral holes (Fig. 7d, screws 20, 20’ comprise threading on the top portion within base plate 17), and second threads configured to screw into the bone (Fig. 7d, screws 20, 20’ comprise threading on the bottom portion that extends into the bone).
Regarding claim 10, Perego teaches one of a glenosphere and a glenoid liner (Fig. 3, glenosphere 23) operable to be attached to the base plate (Fig. 3, base plate 17) after the base plate is anchored to the bone (Fig. 3, pins and screws couple the base plate 17 to the bone (pg. 37-38)).
Regarding claim 11, Perego teaches an implant system (Fig. 1 depicts a total shoulder prosthesis system) comprising: a base plate (Fig. 1, base plate 17) having a plurality of threaded peripheral holes disposed circumferentially around a central region of the base plate (Fig. 7d, central hole coupling with screw 21 is surrounded by peripheral holes coupling with screws 20, 20’); a central screw (Fig. 1, screw 21) extending from a lower surface of the base plate and operable to threadingly anchor the base plate to a bone (Fig. 1, screw 21 extends from bottom of base plate 17 and fixes base plate 17 to bone (pg. 38, lines 15-16)); at least one augmentation device operable to extend through a first peripheral hole of the plurality of threaded peripheral holes (Fig. 1, pins 18, 18’), the augmentation device comprising: (i) a post having a first end (Fig. 1, pins 18, 18’ form posts with a top side (leftmost side of pins 18, 18’ in Fig. 1)), a second end and a length sized to enable the augmentation device to extend into a defect in the bone when the base plate is anchored to the bone (Fig. 1, pins 18, 18’ comprise end opposite their top side which fixes base plate 17 to bone (pg. 37, lines 22-23)), (ii) a threaded fastener portion positioned on the first end of the post (Fig. 7c, pins 18, 18’ comprise top portion having threads secured within base plate 17), the fastener portion having threads engaged with the threads of the first peripheral hole (Fig. 7d, top portions of screws 20, 20’ coupling with peripheral holes comprise threading to couple to base plate 17); and (iii) a footing portion positioned on the second end of the post, the footing portion operable to abut against the bone within the defect (Fig. 7d, screws 20, 20’ comprise bottom portion that is conical that engages with bone upon implantation), but fails to teach the footing portion comprising a flat bottom.
Kovacs teaches an augmented glenoid system comprising a footing portion comprising a flat bottom (Fig. 11, fixation posts 204A-C comprise a flat bottom). Kovacs discloses that the design of its glenoid system works to minimize bone removal during implantation of the device (col. 9, par. 2). 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 augmentation device taught by Perego with the footing portion shape taught by Kovacs in order to minimize bone removal during implantation to promote integration of the device within the patient.
Regarding claim 12, Perego teaches a central bore (Fig. 9a, central hole of base plate 17) disposed in the base plate (Fig. 9a, base plate 17); wherein the central screw is separable from the base plate and operable to extend through the central bore (Figs. 1 and 7d, screw 21 extends through central hole of base plate 17 and can separate from it).
Regarding claim 16, Perego teaches at least one peripheral screw operable to extend through any one of the plurality of peripheral holes (Fig. 7d, screws 20, 20’ extend through peripheral holes of base plate 17), the at least one peripheral screw comprising: first threads configured to engage with threads of a second peripheral hole of the plurality of peripheral holes (Fig. 7d, screws 20, 20’ comprise threading on the top portion within base plate 17), and second threads configured to screw into the bone (Fig. 7d, screws 20, 20’ comprise threading on the bottom portion that extends into the bone).
Regarding claim 17, Perego teaches at least one of a glenosphere and a glenoid liner (Fig. 3, glenosphere 23), wherein the glenosphere and glenoid liner are coupled to the base plate (Fig. 3, base plate 17) after the base plate is anchored to the bone (Fig. 3, pins and screws couple the base plate 17 to the bone (pg. 37-38)).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GABRIELLA GISELLE B RIOS whose telephone number is (703)756-5958. The examiner can normally be reached M-Th 7:30-6:00 EST.
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, THOMAS BARRETT can be reached at (571) 272-4746. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/G.G.R./Examiner, Art Unit 3774
/SARAH W ALEMAN/Primary Examiner, Art Unit 3774