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 .
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 the 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 11/6/25 has been entered.
Accordingly, claims 1, 10, 14 are amended.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
2. Claim(s) 1- 20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Rasmussen (US. 20190046217).
Rasmussen discloses a tibial baseplate system fig. 76d, comprising: a tibial baseplate 530 having a first surface that is configured to be seated on a resected surface at a proximal end of a tibia fig. 76c, a second surface that is substantially opposite to the first surface, an anterior end portion, a posterior end portion, a lateral side portion, and a medial side portion fig. 76; wherein the tibial baseplate 530 is configured to selectively receive a spacer 500, 550 and retain the spacer 500, 550 in a coupling position with relation to the tibial baseplate, since Rasmussen further discloses “reference spacers 550, such spacers can couple to the tibial baseplate 530, the cutting assembly 555 and/or any other suitable component in any suitable manner, including, without limitation, via one or more mechanical engagements, frictional engagements, magnets, slides, guides, rails, grooves with one or more slidably mating objects, cables, by being configured to have one component rest on the other such that one component can be moved in medially, laterally, posteriorly, and anteriorly with respect to the other component, by resting on the baseplate, and/or in any other suitable manner” (para. 254).
These guides, rails, grooves that mentioned above in (para. 254) may be considered as a cutting block guide that runs from the anterior end portion towards the posterior end portion at the second surface of the tibial baseplate (para. 254), wherein the cutting block guide is configured to couple to a femoral cutting block (see modified fig. 76D below) such that the femoral cutting block is configured to slide parallel with the second surface when the femoral cutting block is coupled to the cutting block guide (para. 254), and a blade capture block (see modified fig. 76D below) coupled to the femoral cutting block, ,wherein the spacer is capable to prevent at least one of (i) the femoral cutting block, (ii) a gap resection block, (iii) a saw blade capture block, (iv) an alignment rod block, and (v) a tibial baseplate accessory from being disposed at the posterior end portion of the tibial baseplate when the spacer is coupled to the tibial baseplate, wherein the cutting block guide comprises an elongated groove (para. 254), that is defined in the second surface and that opens from the anterior end portion of the tibial baseplate (para. 254), wherein the elongated groove comprises a keyed elongated groove (i.e 534, figs. 65G, para. 247) that comprises a narrowed opening fig. 65g defined by the second surface that is configured to prevent a coupler ( para. 247, 262) of the femoral cutting block (see modified fig. 76D below), para. 254 from being lifted from a portion of the cutting block guide when the coupler of the femoral cutting block (see modified fig. 76D below) is disposed in the keyed elongated groove, further comprising an alignment rod block 500, fig. 79, defining an opening that is configured to receive an alignment rod 538, the alignment rod block 500 may considered that comprises a coupler fig. 76g that is configured to slidingly couple the alignment rod block 500 with the cutting block guide fig. 76c, wherein the anterior end portion of the tibial baseplate 530 extend anteriorly more than 5 mm past an anterior end of the resected surface at the proximal end of a tibia when the tibial baseplate is seated on and coupled to the resected surface figs 76a, wherein the tibial baseplate 530 further comprises a spacer guide 532, fig. 76a that extends from the anterior end portion of the tibial baseplate toward the posterior end portion, the spacer guide being configured to slidingly couple with a spacer block 500 having a coupler 534 that is configured to slidingly couple with the spacer guide 532, wherein the spacer guide comprises a first catch 532 that is configured to selectively catch and retain the spacer block 500 at a set position with respect to the tibial baseplate 530, further comprising a gap resection block 550 that comprises a first coupler that is configured to slidingly couple the gap resection block with the cutting block guide (para. 254), and wherein the gap resection block 550 further comprises a second coupler (para. 254) that is configured to couple the gap resection block 550 to the femoral cutting block (see modified fig. 76D below), wherein the anterior end portion of the tibial baseplate comprises an elongated tongue that extends more than 1 cm from an anterior-most end of the spacer guide fig. 75e, 76a.
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Rasmussen further discloses a first spacer guide 532 that is disposed at the medial side portion of the tibial baseplate, that extends from the anterior end portion towards the posterior end portion of the tibial baseplate, and that is configured to slidingly couple a first spacer block 500 to the second surface fig. 76a; and a second spacer guide 532 that is disposed at the lateral side portion of the tibial baseplate such that the second spacer guide extends from the anterior end portion towards the posterior end portion of the tibial baseplate, and that is configured to slidingly couple a second spacer block 500 to the second surface fig. 76a, wherein at least one of (i) the first spacer block and (ii) the second spacer block is capable to prevent a tibial baseplate accessory from being disposed at the posterior end portion of the tibial baseplate, wherein the first spacer block is either: (i) shorter or (11) taller than the second spacer block fig. 76a, wherein the cutting block guide is disposed between, and runs substantially parallel with, the first spacer guide and the second spacer guide fig. 76c, para. 254, wherein the cutting block guide comprises a first elongated groove that is defined in the second surface and that opens from the anterior end portion of the tibial baseplate (para. 254), a first spacer guide comprising a second elongated groove 532, fig. 76a; and a second spacer guide 532, fig. 76a comprising a third elongated groove, wherein a longitudinal axis of the first elongated groove, a longitudinal axis of the second elongated groove, and a longitudinal axis of the third elongated groove each run substantially parallel with each other fig. 76c, further comprising the first spacer block 500, wherein an inferior portion of the first spacer block comprises a projection 534 that slidingly mates with the first spacer guide fig. 76a, wherein the first catch comprises a recess 532, wherein an inferior portion of the first spacer block comprises a projection 534 that slidingly mates with the first spacer guide, and wherein the projection comprises a first protrusion that is configured to engage with the first catch to selectively retain the first spacer block in the first position along a length of the first spacer guide fig. 76a, further comprising the femoral cutting block (see modified fig. 76D below) and the first spacer block 500, wherein the femoral cutting block (see modified fig. 76D below) can be coupled to the cutting block guide (para. 254), and wherein the first spacer block 500 is coupled to the first spacer guide 532, wherein the femoral cutting guide block 555 can be coupled to the cutting block guide by being coupled to a gap resection block 550 , which is, in turn, coupled to the cutting block guide (para. 254).
Response to Arguments
Applicant's arguments filed with respect to the claims have been fully considered but they are not persuasive.
Applicant argues that the prior art fails to teach that “wherein the spacer is capable to prevent at least one of (i) the femoral cutting block, (ii) a gap resection block, (iii) a saw blade capture block, (iv) an alignment rod block, and (v) a tibial baseplate accessory from being disposed at the posterior end portion of the tibial baseplate when the spacer is coupled to the tibial baseplate” and “wherein at least one of (i) the first spacer block and (ii) the second spacer block is configured to prevent a tibial baseplate accessory from being disposed at the posterior end portion of the tibial baseplate.”
Examiner would like to bring to applicant’s attention that the limitations of “the spacer” or “the first spacer block and the second spacer block” are not positively recited in the independent claims 1, 10 and 14, therefore the newly added amendments to the claims are considered as intended use.
It is noted that “while features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. In re Schreiber, 128 F.3d 1473, 1477-78, 44 USPQ2d 1429, 1431-32 (Fed. Cir. 1997). And A claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987).
In this case, the system of the prior art of Rasmussen is capable to receive a spacer that would prevent at least one of (i) the femoral cutting block, (ii) a gap resection block, (iii) a saw blade capture block, (iv) an alignment rod block, and (v) a tibial baseplate accessory from being disposed at the posterior end portion of the tibial baseplate when the spacer is coupled to the tibial baseplate” and “wherein at least one of (i) the first spacer block and (ii) the second spacer block is configured to prevent a tibial baseplate accessory from being disposed at the posterior end portion of the tibial baseplate.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMEH RAAFAT BOLES whose telephone number is (571)270-5537. The examiner can normally be reached 9-5 pm.
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/SAMEH R BOLES/Primary Examiner, Art Unit 3775