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 . Claims 1-7, 13-16, 20-25, 36-40, 43-52 are pending and examined below. Claims 26-35 is/are withdrawn.
Response to Arguments
Applicant's arguments filed 12/01/2025 have been fully considered but they are not persuasive. Applicant argues that the amendments to the independent claims overcome the rejections of record (pages 12-13) and that the dependent claims rise and fall with the same arguments (page 13).
The drawing objection is withdrawn.
There was not a specification objection in the office action mailed on August 1, 2025.
In regards to claim 1, the applicant argues that the prior art, Angibaud, does not teach, “the second portion having at least one curved surface positioned adjacent to the central axis” as amended. The applicant argues that the glenosphere (108) includes a bottom recessed track area (118) recessed into the glenosphere with a flat interior surface for both recessed regions (page 12). The applicant also argues that the glenosphere (108) also includes a second circular shaped recess inside the bottom recessed track (118) which has a flat interior surface (page 12). The examiner respectfully disagree. Angibaud discloses in Fig. 5B curved surfaces (top and bottom portions of second portion, see annotated Fig. 5B below) on the second portion of 108. Angibaud further discloses in Figs. 6-10, the plate 110 with ring 130 when assembled together in Fig. 8C, appears to be in a curved orientation from the side view. Furthermore, Angibaud discloses that “the glenosphere body has a perimeter shape that is generally circular to substantially match a perimeter shape of the glenoid plate” (¶0045, Angibaud), thus, Figs. 5B, 8C, and the disclosure of ¶0045 would inherently disclose “the second portion having at least one curved surface positioned adjacent to the central axis” as amended in claim 1.
In regards to claim 16, the applicant argues that Angibaud fails to disclose the second portion having a curved recessed slot extending into the second portion (page 13). The examiner respectfully disagrees. Angibaud discloses 118 (Fig. 5B) where the second portion of the glenosphere (108) having a “curved recessed slot extending into the second portion” as the claimed invention. 118 is a recessed track which extends into the second portion of 108 (Figs. 5B and 11-12).
The disclosures of Angibaud reads on the amended claimed invention. Therefore, the applicant’s argument is not sufficient to overcome the rejection of record and the claims remains rejected.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-7, 13-16, 20-25, 36-40, 43-52 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Angibaud et al. (US 20120209392 A1) hereinafter, Angibaud.
Regarding claim 1, Angibaud teaches a glenoid implant system (100, Figs. 4A-4C, ¶0044) for use in a reverse total shoulder replacement (100, Fig. 4A-4C, ¶0044) in a patient, said glenoid implant system comprising:
a glenosphere (108, Figs. 5A-5C) comprising a body having a first portion and a second portion (see annotated Figs. 5A-5C below),
said first portion having an articular surface (Fig. 5C), and
said body (Fig. 5B) defining a central axis extending from said first portion to said second portion (Fig. 5A); and
the second portion having at least one curved surface positioned adjacent to the central axis (top and bottom portions of second portion are curved, see annotated Fig. 5B below);
a baseplate (110, Fig. 11A) fixedly attachable to a glenoid of the patient (Fig, 3A), said baseplate (110, Figs. 6A-6D) having a body defining a central axis (Fig. 6C);
a connector (140, Fig. 10C) for movably connecting said glenosphere (108, Fig. 10B) to said baseplate (110, Fig. 10C); and wherein
said glenosphere (108, Fig. 10B) and said baseplate (110, Fig. 10C) are operably configured so that said central axis of said glenosphere is movable non-axially relative to said central axis of said baseplate (¶0049).
Regarding claim 2, Angibaud teaches
wherein said central axis of said glenosphere (108, Figs. 11A-12B) is tiltably movable relative to said central axis of said baseplate (Figs. 11A-12B, ¶0051).
Regarding claim 3, Angibaud teaches
wherein said central axis of said glenosphere is tiltably movable over a range of between 10 degrees and 30 degrees relative to said central axis of said baseplate (12 degrees in each direction, 24 degrees in total, ¶0051).
Regarding claim 4, Angibaud teaches
wherein the at least one curved surface of said second portion (top and bottom portions of 118 are curved, Fig. 5B) of said glenosphere comprises a convex surface (outer hemisphere of second portion is convex and faces baseplate 100, see annotated Figs. 5A-5C below) facing said baseplate (110, Fig. 10C).
Regarding claim 5, Angibaud teaches
wherein said body of said glenosphere (108, Figs. 5A-5C) comprises a passageway (seen in Fig. 5B) from said first portion to said second portion, and
said connector (140, Fig. 10C) is extendable through said passageway for movably connecting said glenosphere (108, Fig. 10B) relative to said baseplate (110, Fig 10C).
Regarding claim 6, Angibaud teaches
wherein said passageway (seen in Fig. 5B) comprises a cylindrical portion (circular portion seen in Fig. 5B), a track portion (118, Fig. 5B), and expanded portion (portion between circular portion and 118, Fig. 5B) extending from said cylindrical portion to said track portion (Fig. 5B, ¶0045), and wherein
a first curved surface of the at least one curved surface of the second portion is positioned on a first side of the track portion and a second curved surface of the at least one curved surface of the second portion is positioned on a second side of the track portion, wherein the first side is positioned opposite the second side (Fig. 5B).
Regarding claim 7, Angibaud teaches
wherein said expanded portion of said passageway comprises parallel sidewalls (Fig. 5A).
Regarding claim 13, Angibaud teaches
further comprising a humeral implant system (Figs. 4A-4C).
Regarding claim 14, Angibaud teaches
wherein said humeral implant system (Figs. 4A-4C) comprises a humeral cup (104, Figs. 4A-4C) and a humeral stem (102, Figs. 4A-4C).
Regarding claim 15, Angibaud teaches
wherein said glenoid implant system comprises a central screw (112, Fig. 6C) and a plurality of peripheral screws (114, Fig. 8C) for securing said baseplate (110, Fig. 8C) to the glenoid of the patient (Fig. 11A, ¶0047).
Regarding claim 16, Angibaud teaches a glenoid implant system (100, Figs. 4A-4C, ¶0044) for use in a reverse total shoulder replacement (100, Figs. 4A-4C, ¶0044) of a patient, said glenoid implant system comprising:
a glenosphere (108, Figs. 5A-5C) comprising a body (Fig. 5B) with an articular surface (Fig. 5C), the body having a first portion and a second portion (see annotated Figs. 5A-5C below), the first portion having the articular surface (Fig. 5C), the second portion having a curved recessed slot extending into the second portion (118 forms a recessed track extending into second portion, Fig. 5B, ¶0045), wherein
the curved recessed slot is curved relative to the articular surface of the first portion (118 is a recessed track which extends into the second portion of 108 and curved relative to the articular surface since ¶0045 discloses glenosphere body has a perimeter shape that is generally circular to substantially match a perimeter shape of the glenoid plate and Fig. 8C shows 110 with 130 rounded/curved (from the side view) relative to the articular surface of 108 in Fig. 10C, (Figs. 5B, 8C, 10C, and 11-12, ¶0045));
a baseplate (110, Fig. 11A) fixedly attachable to a glenoid of the patient (Fig, 3A), said baseplate (110, Figs. 6A-6D) having a central axis (Fig. 6C); and
a means (140, Fig. 10C) for movably connecting said glenosphere to said baseplate (108, Fig. 10B), wherein
said glenosphere (108, Fig. 10B) is movable non-coaxially relative to said baseplate (¶0049).
Regarding claim 20, Angibaud teaches
wherein said glenosphere (108, Fig. 10B) is rotatable about a pivot axis (142, Figs. 9A & Figs. 11A-12B, ¶0049 & 0051) offset from said central axis of said baseplate (110, Fig. 10C).
Regarding claim 21, Angibaud teaches
wherein said central axis of said glenosphere is rotatable along a curve relative to said baseplate (Figs. 11A-12B, ¶0051).
Regarding claim 22, Angibaud teaches
wherein a central axis of said glenosphere is rotatable about a pivot axis over a range of between 50 degrees and 90 degrees ("variable angular orientation" means that a surgeon can intraoperatively adjust or change the angular orientation of the adjustment plate relative to the glenoid plate…adjustment plate may also be offset or lengthened to increase the degree of adjustability in order to optimize soft tissue tensioning which may be useful to modify the center of rotation in the cases of bone or soft tissue deficiencies in order to better tension the joint therefore, the degrees can be increased to between 60 and 80 degrees for optimal use, ¶0041).
Regarding claim 23, Angibaud teaches
further comprising a humeral implant system (Figs. 4A-4C).
Regarding claim 24, Angibaud teaches
wherein said humeral implant system (Figs. tiltable 4A-4C) comprises a humeral cup (104, Figs. 4A-4C) and a humeral stem (102, Figs. 4A-4C).
Regarding claim 25, Angibaud teaches
wherein said glenoid implant system comprises a central screw (112, Fig. 6C) and a plurality of peripheral screws (114, Fig. 8C) for securing said baseplate (110, Fig. 8C) to the glenoid of the patient (Fig. 11A, ¶0047).
Regarding claim 36, Angibaud teaches
wherein said central axis of said glenosphere is angularly movable relative to said central axis of said baseplate (¶0049).
Regarding claim 37, Angibaud teaches a glenoid implant system (100, Figs. 4A-4C, ¶0044) for use in a reverse total shoulder replacement system (100, Figs. 4A-4C, ¶0044) of a patient, said glenoid implant system comprising:
a glenosphere (108, Figs. 5A-5C) comprising a body and an articular surface (Fig. 5C);
the body having a first portion and a second portion (see annotated Figs. 5A-5C below), the first portion having the articular surface (see annotated Figs. 5A-5C below), and the second portion having at least one curved surface positioned adjacent to a central axis of the body (top and bottom portions of second portion are curved, see annotated Fig. 5B below);
a baseplate (110, Fig. 11A) fixedly attachable to a glenoid of the patient (Fig, 3A), said baseplate (110, Figs. 6A-6D) having a central axis (Fig. 6C); and
a means (140, Fig. 10C) for movably connecting said glenosphere to said baseplate (108, Fig. 10B) so that said glenosphere (108, Fig. 10B) is movable non-coaxially relative to said baseplate (¶0049).
Regarding claim 38, Angibaud teaches
wherein said means (140, Fig. 10C) for movably connecting is operable, wherein said central axis of said glenosphere (108, 11A-12B) is tiltable relative to said baseplate (Figs. 11A-12B, ¶0051).
Regarding claim 39, Angibaud teaches
wherein said means (140, Fig. 10C) for movably connecting is operable, wherein said central axis of said glenosphere (108, 11A-12B) is tiltable along a plane relative to said baseplate (Figs. 11A-12B, ¶0051).
Regarding claim 40, Angibaud teaches
wherein said central axis of said glenosphere is tiltable over an angle of 10 degrees (12 degrees in each direction, 24 degrees in total, ¶0051), 20 degrees, 30 degrees, 45 degrees, 60 degrees, 70 degrees, or 90 degrees, a range of between 10 degrees and 30 degrees, a range of between 20 degrees and 50 degrees, or a range of between 30 degrees and 60 degrees ("variable angular orientation" means that a surgeon can intraoperatively adjust or change the angular orientation of the adjustment plate relative to the glenoid plate…adjustment plate may also be offset or lengthened to increase the degree of adjustability in order to optimize soft tissue tensioning which may be useful to modify the center of rotation in the cases of bone or soft tissue deficiencies in order to better tension the joint therefore, the degrees can be increased to between 60 and 80 degrees for optimal use, ¶0041).
Regarding claim 43, Angibaud teaches
wherein said central axis of said glenosphere is rotatable about a pivot axis over an angle of 10 degrees (12 degrees in each direction, 24 degrees in total, ¶0051), 20 degrees, 30 degrees, 45 degrees, 60 degrees, 70 degrees, or 90 degrees, a range of between 10 degrees and 30 degrees, a range of between 20 degrees and 50 degrees, or a range of between 30 degrees and 60 degrees ("variable angular orientation" means that a surgeon can intraoperatively adjust or change the angular orientation of the adjustment plate relative to the glenoid plate…adjustment plate may also be offset or lengthened to increase the degree of adjustability in order to optimize soft tissue tensioning which may be useful to modify the center of rotation in the cases of bone or soft tissue deficiencies in order to better tension the joint therefore, the degrees can be increased to between 60 and 80 degrees for optimal use, ¶0041).
Regarding claim 44, Angibaud teaches
further comprising a humeral implant system (Figs. 4A-4C).
Regarding claim 45, Angibaud teaches
further comprising a humeral implant system comprising a humeral cup (104, Figs. 4A-4C) and a humeral stem (102, Figs. 4A-4C).
Regarding claim 46, Angibaud teaches
wherein said glenoid implant system comprises a central screw (112, Fig. 6C) and a plurality of peripheral screws (114, Fig. 8C) for securing said baseplate (110, Fig. 8C) to the glenoid (Fig. 11A, ¶0047).
Regarding claim 47, Angibaud teaches
wherein said central axis of said glenosphere (108, Fig. 10B) is movable around a pivot axis (142, Figs. 9A & Figs. 11A-12B, ¶0049 & 0051).
Regarding claim 48, Angibaud teaches
wherein said body of said glenosphere (108, Figs. 5A-5C) comprises a passageway (seen in Fig. 5B) from said first portion to said second portion, and said means (140, Fig. 10C) for movably connecting is extendable through said passageway for pivotally connecting said glenosphere about said pivot axis (142, Figs. 9A & Figs. 11A-12B, ¶0049 & 0051).
Regarding claim 49, Angibaud teaches
wherein said second portion of said glenosphere comprises a flat surface facing said baseplate (side portions of second portion is flat, Figs. 5A-5B).
Regarding claim 50, Angibaud teaches
wherein said second portion of said glenosphere comprises a curved slot (118 forms a recessed track extending into second portion, Fig. 5B, ¶0045) facing said baseplate (110, Figs. 11-12), and said baseplate comprises a post (see annotated Fig. 6C below) receivable in said curved slot (Fig. 10C).
Regarding claim 51, Angibaud does not teache
wherein said central axis of said glenosphere is movable around said pivot axis of between 60 degrees and 80 degrees It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the pivot axis of between 60 and 80 degrees since these are result effective variables that contribute to the overall variable angular orientation. It has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art and modifying the range to between 60 and 80 degrees would increase the degree of adjustability in order to optimize soft tissue tensioning as suggested by Angibaud (¶0041).
Regarding claim 52, Angibaud does not teache
wherein a central axis of said glenosphere is tiltable relative to said central axis of said baseplate over a range of between 30 degrees and 60 degrees It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the tiltable relative to said central axis of said baseplate between 30 and 60 degrees since these are result effective variables that contribute to the overall variable angular orientation. It has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art and modifying the range to between 30 and 60 degrees would increase the degree of adjustability in order to optimize soft tissue tensioning as suggested by Angibaud (¶0041).
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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 KIA XIONG WHITE whose telephone number is (703)756-4773. The examiner can normally be reached 0830-1630 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jerrah Edwards can be reached at (408) 918-7557. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/K.X.W./Examiner, Art Unit 3774
/YASHITA SHARMA/Primary Patent Examiner, Art Unit 3774
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