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 .
Claim Status
Applicant’s Remarks and Amendments filed 30 December 2025 have been entered. Claims 1-11, 13-17, and 19-22 are pending.
Response to Arguments
Applicant’s arguments with respect to claims 1 and 11 have been considered but are moot because the new ground of rejection does not rely on any reference 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 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (CN 107569303 A), “Chen” in view of Maumy et al. (US Pat. No. 5507828), “Maumy”.
Regarding claim 1, Chen teaches an acetabular cup prosthesis (abstract), comprising an outer cup (Fig. 1, cup 10), an inner surface of the outer cup (underside of cup 10 shown in Fig. 1) being provided with an abutting face along a circumferential direction (Fig. 2, annular groove 12); and a liner (Fig. 3, liner 20), a protruding ring (Fig. 4, notch 221) being arranged on an outer surface of the liner (Fig. 3, liner 20) at a bearing portion (Modified Fig. 3, portion of liner 20 above HL1), and an elastic locking tongue (Fig. 3, elastic boss 22) being arranged at a non-bearing portion (Fig. 3, portion of elastic boss 22 on liner 20 below HL1 (Modified Fig. 3)); wherein the bearing portion is a portion of the liner above a horizontal line (Modified Fig. 3, portion of liner 20 above HL1) and refers to a portion which plays a main bearing role after the acetabular cup prothesis is implanted, the non-bearing portion is a portion of the liner below the horizontal line (Modified Fig. 3, portion of liner 20 below HL1), and refers to a portion which plays a non-main bearing role after the acetabular cup prosthesis is implanted, and the protruding ring (Fig. 4, notch 211) and the elastic locking tongue (Fig. 3, elastic boss 22) each abutting against the abutting face to self-lock the liner in the outer cup (groove shaped notch 211 is configured to abut against annular groove 12 [0030] as is the elastic boss 22 used as an anti-retreating structure (i.e., self-locking) [0027]), but fails to teach the elastic locking tongue is separate from and opposite to the protruding ring.
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Maumy teaches an artificial acetabulum comprising an elastic locking tongue separate from and opposite to the protruding ring (Fig. 2b, elastic support element 13 is located on the bottom of inner shell 10 opposite deformable projection 11). Maumy discloses that the bell-like suspension of the inner shell allows it to be movable, especially radially, to dampen outside impact forces against the implant (col. 2, lines 2-13). 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 prosthesis as taught by Chen with the elastic locking tongue and protruding ring taught by Maumy in order to increase the device’s resistance to external forces that could cause damage.
Regarding claim 21, Chen teaches wherein the inner surface of the outer cup (underside of cup 10 shown in Fig. 1) is provided with an annular protrusion along the circumferential direction (Fig. 2, annular groove 12), and a side wall of the annular protrusion away from an opening of the outer cup is the abutting face (Fig. 2, annular groove 12 is capable of limiting lining 20 relative to cup 10 and is away from opening of cup 10 [0028]).
Claims 2-4, 7-9 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (CN 107569303 A), “Chen” in view of Maumy et al. (US Pat. No. 5507828), “Maumy” and further in view of Termanini (CN 103945794 A), “Termanini”.
Regarding claim 2, Chen teaches wherein the inner surface (underside shown in Fig. 1) of the outer cup (Fig. 1, cup 10) is provided with an annular groove (Fig. 2, annular groove 12), but Chen in view of Maumy fails to teach the groove having a triangular longitudinal section along the circumferential direction, and a side wall of the annular groove close to an opening portion of the outer cup is the abutting face; or, the inner surface of the outer cup is provided with an annular protrusion along the circumferential direction, and a side wall of the annular protrusion away from the opening portion of the outer cup is the abutting face.
Termanini teaches a lined femoral cup comprising an annular groove (Fig. 2, annular groove 7) having a triangular longitudinal section along the circumferential direction (Fig. 2, annular groove 7 flares outward creating a triangular shape), and a side wall of the annular groove close to an opening portion of the outer cup is the abutting face (Fig. 2, upper portion of annular groove 7 (non-flared region) is close to annular edge 25); or, the inner surface of the outer cup is provided with an annular protrusion along the circumferential direction, and side wall of the annular protrusion away from the opening portion of the outer cup is the abutting face (this limitation is seen as non-limiting due to the “or” statement).
Termanini discloses that the annular groove 7 prevents lateral movement of the liner relative to the cup [0023]. 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 annular groove taught by Chen to reflect the annular groove taught by Termanini in order to prevent unnecessary wear of the liner and cup.
Regarding claim 3, Chen teaches the elastic locking tongue (Fig. 3, elastic boss 22), and an orientation of the elastic locking tongue is facing away from a bottom of the liner (Fig. 3, elastic boss 22 protrudes outwardly from liner 22), but Chen in view of Maumy fails to teach wherein the elastic locking tongue is formed by digging a tangential groove in the outer surface of the liner.
Termanini teaches a lined femoral cup having a tangential groove in the outer surface of the liner (Fig. 3D, annular gap 17). Termanini discloses that the annular gap allows the annular protrusion to bend inwardly when the liner is fit into the cup creates a fit not achievable when the physician installs the liner in the operating room [0026-0027]. 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 shape of the locking tongue taught by Chen to reflect the locking tongue taught by Termanini in order to easily secure the liner and cup together prior to implantation.
Regarding claim 4, Chen teaches an elastic locking tongue (Fig. 3, elastic boss 22), but Chen in view of Maumy fails to teach wherein an extension line of a force of the abutting face on the elastic locking tongue is located below a midpoint at a root of the elastic locking tongue.
Termanini teaches a lined femoral cup wherein an extension line of a force of the abutting face on the elastic locking tongue is located below a midpoint at a root of the elastic locking tongue (Fig. 3D, annular protrusion 5 bends inwardly when liner 2 is squeezed into cup 3 [0026]). Since the annular protrusion taught by Termanini is similar in shape to the elastic locking tongue taught by the Applicant, and Termanini discloses that a continuous downward pressure on the liner is required to snap-fit the annular protrusion with the annular recess [0026], it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to simply substitute the elastic boss taught by Chen for the annular protrusion taught by Termanini in order to create a secure snap-fit between the cup and liner.
Regarding claim 7, Chen teaches a protruding ring (Fig. 4, notch 221), but Chen in view of Maumy fails to explicitly teach wherein an angle occupied by the protruding ring in the circumferential direction is 90-180 degrees. Termanini teaches a lined femoral cup wherein an angle occupied by the protruding ring in the circumferential direction is 90-180 degrees (Fig. 3C, annular protrusion 5 is a continuous circumferential skirt (i.e., 360 degrees)).
Termanini discloses that since the skirt is continuous it takes considerable pressure to snap fit the liner into the cup [0027]. 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 protruding ring taught by Termanini to occupy a smaller circumferential direction of 90-180 degrees in order to make the fitting process more user friendly by requiring less force from the user.
Regarding claim 8, Chen teaches wherein the protruding ring (Fig. 4, notch 221) is a continuous unitary section (this limitation is seen as non-limiting due to the “or” statement) or a plurality of sections spaced apart from each other (Fig. 3, each elastic boss is arranged at intervals along outer circumferential surface of lining 20 and pairs with a groove shaped notch 221 (i.e., notches 221 are also placed at intervals around the lining) [0030]).
Regarding claim 9, Chen teaches wherein an outer edge of an opening of the liner (Fig. 3, liner 20) is provided with a protrusion (Fig. 3, elastic protrusion 21), and an inner edge of an opening of the outer cup (Fig. 2, cup 10) is provided with a recessed portion fitted with the protrusion (Fig. 2, groove 11 matches with elastic protrusion 21 [0023]).
Regarding claim 22, Chen teaches wherein the protruding ring (Fig. 4, notch 211), is a plurality of sections spaced apart from each other (elastic boss 22 (which includes notch 221) may be provided comprising a plurality of sub-elastic bosses arranged at intervals along the same cross-sectional circumference [0030]).
Claims 5, 11-15 and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (CN 107569303 A), “Chen” in view of Maumy et al. (US Pat. No. 5507828), “Maumy”, and Termanini (CN 103945794 A), “Termanini” and further in view of Serbousek et al. (US 2002/0068980 A1), “Serbousek”.
Regarding claim 5, Chen teaches the elastic locking tongue (Fig. 3, elastic boss 22), but Chen in view of Maumy fails to teach an inner side face, an outer side face parallel to the inner side face, and a top face perpendicular to the inner side face and the outer side face, an angle between the abutting face and the top face of the elastic locking tongue is 0-5 degrees.
Termanini teaches a lined femoral cup having an elastic locking tongue (Fig. 3D, annular projection 5), having an inner side face (Fig. 3D, right side of annular projection 5 forming annular gap 17), an outer side face parallel to the inner side face (Fig. 3D, left side (outside) of annular projection 5 opposite annular gap 17), and a top face perpendicular to the inner side face and the outer side face (Fig. 3D, top side of annular projection 5 forms a rectangle shape (i.e., is perpendicular to sides)). Termanini discloses that the annular gap allows the annular protrusion to bend inwardly when the liner is fit into the cup creates a fit not achievable when the physician installs the liner in the operating room [0026-0027]. 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 shape of the locking tongue taught by Chen to reflect the locking tongue taught by Termanini in order to easily secure the liner and cup together prior to implantation.
However, Chen in view of Maumy and Termanini fails to explicitly teach an angle between the abutting face and the top face of the elastic locking tongue is 0-5 degrees. Serbousek teaches a prosthetic cup assembly comprising an angle between the abutting face and the top face of the elastic locking tongue is 0-5 degrees (Fig. 4, angle 48 of taper 44 is greater than 0 degrees and less than or equal to 7 degrees [0035]). Serbousek discloses that the male and female tapers provide mechanical connection between the shell and liner [0006]. 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 locking structure taught by Serbousek with the acetabular cup prosthesis taught by Chen in order to secure the outer cup to the liner during use.
Regarding claim 11, Chen teaches an acetabular cup prosthesis comprising an outer cup (Fig. 1, cup 10) and a liner (Fig. 3, liner 20), wherein an inner surface of the outer cup (underside of cup 10 shown in Fig. 1) is provided with an abutting face along a circumferential direction (Fig. 2, annular groove 12); an outer surface of the liner (Fig. 3) is provided with a protruding ring at a bearing portion (Fig. 4, notch 221), and an elastic locking tongue arranged on the outer surface of liner at a non-bearing portion (Fig. 3, elastic boss 22); wherein the bearing portion is a portion of the liner above a horizontal line (Modified Fig. 3, portion of liner 20 above HL1) and refers to a portion which plays a main bearing role after the acetabular cup prosthesis is implanted, the non-bearing portion is a portion of the liner below the horizontal line (Modified Fig. 3, portion of liner 20 below HL1) and refers to a portion which plays a non-main bearing role after the acetabular cup prothesis is implanted, and the protruding ring (Fig. 4, notch 221) and the elastic locking tongue (Fig. 3, elastic boss 22) each abut against the abutting face to self-lock the liner in the outer cup (groove shaped notch 211 is configured to abut against annular groove 12 [0030] as is the elastic boss 22 used as an anti-retreating structure (i.e., self-locking) [0027]), but fails to teach the elastic locking tongue is separate from and opposite to the protruding ring.
Maumy teaches an artificial acetabulum comprising an elastic locking tongue separate from and opposite to the protruding ring (Fig. 2b, elastic support element 13 is located on the bottom of inner shell 10 opposite deformable projection 11). Maumy discloses that the bell-like suspension of the inner shell allows it to be movable, especially radially, to dampen outside impact forces against the implant (col. 2, lines 2-13). 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 prosthesis as taught by Chen with the elastic locking tongue and protruding ring taught by Maumy in order to increase the device’s resistance to external forces that could cause damage. However, Chen in view of Maumy and Termanini fail to teach a locking structure that locks the liner in the outer cup
Serbousek teaches a prosthetic cup assembly with self-locking tapers comprising a locking structure (Fig. 1, tapers 30, 44) that locks the liner in the outer cup (Fig. 1, tapers 30, 44 are self-locking and maintain accurate alignment between shell 12 and liner 14 [0035]). Serbousek discloses that the male and female tapers provide mechanical connection between the shell and liner [0006]. 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 locking structure taught by Serbousek with the acetabular cup prosthesis taught by Chen in order to secure the outer cup to the liner during use.
Regarding claim 13, Chen teaches the elastic locking tongue (Fig. 3, elastic boss 22), and an orientation of the elastic locking tongue is facing away from a bottom of the liner (Fig. 3, elastic boss 22 protrudes outwardly from liner 22), but Chen in view of Maumy fails to teach wherein the elastic locking tongue is formed by digging a tangential groove in the outer surface of the liner.
Termanini teaches a lined femoral cup having a tangential groove in the outer surface of the liner (Fig. 3D, annular gap 17). Termanini discloses that the annular gap allows the annular protrusion to bend inwardly when the liner is fit into the cup creates a fit not achievable when the physician installs the liner in the operating room [0026-0027]. 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 shape of the locking tongue taught by Chen to reflect the locking tongue taught by Termanini in order to easily secure the liner and cup together prior to implantation. However, Chen in view of Termanini fails to teach a locking structure.
Serbousek teaches a prosthetic cup assembly with self-locking tapers comprising a locking structure (Fig. 1, tapers 30, 44) that locks the liner in the outer cup (Fig. 1, tapers 30, 44 are self-locking and maintain accurate alignment between shell 12 and liner 14 [0035]). Serbousek discloses that the male and female tapers provide mechanical connection between the shell and liner [0006]. 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 locking structure taught by Serbousek with the acetabular cup prosthesis taught by Chen in order to secure the outer cup to the liner during use.
Regarding claim 14, Chen teaches an elastic locking tongue (Fig. 3, elastic boss 22), but Chen in view of Maumy fails to teach wherein an extension line of a force of the abutting face on the elastic locking tongue is located below a midpoint at a root of the elastic locking tongue.
Termanini teaches a lined femoral cup wherein an extension line of a force of the abutting face on the elastic locking tongue is located below a midpoint at a root of the elastic locking tongue (Fig. 3D, annular protrusion 5 bends inwardly when liner 2 is squeezed into cup 3 [0026]). Since the annular protrusion taught by Termanini is similar in shape to the elastic locking tongue taught by the Applicant, and Termanini discloses that a continuous downward pressure on the liner is required to snap-fit the annular protrusion with the annular recess [0026], it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to simply substitute the elastic boss taught by Chen for the annular protrusion taught by Termanini in order to create a secure snap-fit between the cup and liner. However, Chen in view of Termanini fails to teach a locking structure.
Serbousek teaches a prosthetic cup assembly with self-locking tapers comprising a locking structure (Fig. 1, tapers 30, 44) that locks the liner in the outer cup (Fig. 1, tapers 30, 44 are self-locking and maintain accurate alignment between shell 12 and liner 14 [0035]). Serbousek discloses that the male and female tapers provide mechanical connection between the shell and liner [0006]. 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 locking structure taught by Serbousek with the acetabular cup prosthesis taught by Chen in order to secure the outer cup to the liner during use.
Regarding claim 15, Chen teaches the elastic locking tongue (Fig. 3, elastic boss 22), but Chen in view of Maumy fails to teach a locking structure, or an inner side face, an outer side face parallel to the inner side face, and a top face perpendicular to the inner side face and the outer side face, an angle between the abutting face and the top face of the elastic locking tongue is 0-5 degrees.
Termanini teaches a lined femoral cup having an elastic locking tongue (Fig. 3D, annular projection 5), having an inner side face (Fig. 3D, right side of annular projection 5 forming annular gap 17), an outer side face parallel to the inner side face (Fig. 3D, left side (outside) of annular projection 5 opposite annular gap 17), and a top face perpendicular to the inner side face and the outer side face (Fig. 3D, top side of annular projection 5 forms a rectangle shape (i.e., is perpendicular to sides)). Termanini discloses that the annular gap allows the annular protrusion to bend inwardly when the liner is fit into the cup creates a fit not achievable when the physician installs the liner in the operating room [0026-0027]. 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 shape of the locking tongue taught by Chen to reflect the locking tongue taught by Termanini in order to easily secure the liner and cup together prior to implantation.
However, Chen in view of Maumy and Termanini fails to explicitly teach a locking structure, or an angle between the abutting face and the top face of the elastic locking tongue is 0-5 degrees. Serbousek teaches a prosthetic cup assembly comprising a locking structure (Fig. 1, tapers 30, 44), and an angle between the abutting face and the top face of the elastic locking tongue is 0-5 degrees (Fig. 4, angle 48 of taper 44 is greater than 0 degrees and less than or equal to 7 degrees [0035]). Serbousek discloses that the male and female tapers provide mechanical connection between the shell and liner [0006]. 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 locking structure taught by Serbousek with the acetabular cup prosthesis taught by Chen in order to secure the outer cup to the liner during use.
Regarding claim 17, Chen teaches a protruding ring (Fig. 4, notch 221), but Chen in view of Maumy fails to explicitly teach wherein an angle occupied by the protruding ring in the circumferential direction is 90-180 degrees, or a locking structure.
Termanini teaches a lined femoral cup wherein an angle occupied by the protruding ring in the circumferential direction is 90-180 degrees (Fig. 3C, annular protrusion 5 is a continuous circumferential skirt (i.e., 360 degrees)). Termanini discloses that since the skirt is continuous it takes considerable pressure to snap fit the liner into the cup [0027]. 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 protruding ring taught by Termanini to occupy a smaller circumferential direction of 90-180 degrees in order to make the fitting process more user friendly by requiring less force from the user. However, Chen in view of Maumy and Termanini fails to teach a locking structure.
Serbousek teaches a prosthetic cup assembly with self-locking tapers comprising a locking structure (Fig. 1, tapers 30, 44) that locks the liner in the outer cup (Fig. 1, tapers 30, 44 are self-locking and maintain accurate alignment between shell 12 and liner 14 [0035]). Serbousek discloses that the male and female tapers provide mechanical connection between the shell and liner [0006]. 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 locking structure taught by Serbousek with the acetabular cup prosthesis taught by Chen in order to secure the outer cup to the liner during use.
Regarding claim 19, Chen teaches wherein an outer edge of an opening of the liner (Fig. 3, liner 20) is provided with a protrusion (Fig. 3, elastic protrusion 21), and an inner edge of an opening of the outer cup (Fig. 2, cup 10) is provided with a recessed portion fitted with the protrusion (Fig. 2, groove 11 matches with elastic protrusion 21 [0023]), but Chen in view of Maumy fails to teach a locking structure.
Serbousek teaches a prosthetic cup assembly with self-locking tapers comprising a locking structure (Fig. 1, tapers 30, 44) that locks the liner in the outer cup (Fig. 1, tapers 30, 44 are self-locking and maintain accurate alignment between shell 12 and liner 14 [0035]). Serbousek discloses that the male and female tapers provide mechanical connection between the shell and liner [0006]. 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 locking structure taught by Serbousek with the acetabular cup prosthesis taught by Chen in order to secure the outer cup to the liner during use.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (CN 107569303 A), “Chen” in view of Maumy et al. (US Pat. No. 5507828), “Maumy” and Termanini (CN 103945794 A), “Termanini” and Serbousek et al. (US 2002/0068980 A1), “Serbousek” and further in view of Keller (US 6334875 B1), “Keller”.
Regarding claim 6, Chen in view of Maumy fails to teach the limitations of claim 6. Termanini teaches a lined femoral cup comprising an outer side face of the elastic locking tongue (Fig. 3D, left side (outside) of annular projection 5 opposite annular gap 17). Termanini discloses that the annular gap allows the annular protrusion to bend inwardly when the liner is fit into the cup creates a fit not achievable when the physician installs the liner in the operating room [0026-0027]. 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 shape of the locking tongue taught by Chen to reflect the locking tongue taught by Termanini in order to easily secure the liner and cup together prior to implantation. However, Chen in view of Termanini and Serbousek fails to explicitly teach wherein an angle between the outer side face and a central axis of the liner is 40-50 degrees.
Keller teaches a cotyloid cavity prosthesis wherein an angle between the outer side face and a central axis of the liner is 40-50 degrees (Fig. 5, angle α of lip 6 is between 15-40 degrees (col. 4, line 21)). Keller discloses that the angle of the lip is chosen to ensure self-locking occurs (col. 4, lines 8-14). 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 annular projection taught by Termanini to exhibit the angles taught by Keller in order to secure the liner to the shell of the prosthesis during use.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (CN 107569303 A), “Chen” in view of Termanini (CN 103945794 A), “Termanini” and further in view of Mangan (US 2014/0343682 A1), “Mangan”.
Regarding claim 10, Chen teaches the abutting face (Fig. 2, annular groove 12), but Chen in view of Maumy and Termanini fails to teach wherein a connection line is formed between any point on the abutting face and a center of a circle of the opening portion of the outer cup, and an angle between the connection line and a horizontal plane is greater than or equal to 45 degrees.
Mangan teaches a convertible acetabular bearing wherein a connection line is formed between any point on the abutting face (Modified Fig. 2B below, longitudinal spherical grooves 58) and a center of a circle of the opening portion of the outer cup, and an angle between the connection line and a horizontal plane is greater than or equal to 45 degrees (Modified Fig. 2B below, bearing 12 comprises multiple longitudinal grooves 58 that extend along the outside of bearing 12 from equatorial axis 52 to greater than 45 degrees).
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Mangan discloses that the longitudinal grooves are distributed between the equatorial and polar regions of the bearing [0047]. 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 placement of the abutting face taught by Chen to reflect the placement of the longitudinal spherical grooves taught by Mangan to allow for a larger range of movement of the liner when within the cup.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (CN 107569303 A), “Chen” in view of Maumy et al. (US Pat. No. 5507828), “Maumy” and Termanini (CN 103945794 A), “Termanini” and Serbousek et al. (US 2002/0068980 A1), “Serbousek” and further in view of and Keller (US 6334875 B1), “Keller”.
Regarding claim 16, Chen in view of Maumy fails to teach the limitations of claim 16. Termanini teaches a lined femoral cup comprising an outer side face of the elastic locking tongue (Fig. 3D, left side (outside) of annular projection 5 opposite annular gap 17). Termanini discloses that the annular gap allows the annular protrusion to bend inwardly when the liner is fit into the cup creates a fit not achievable when the physician installs the liner in the operating room [0026-0027]. 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 shape of the locking tongue taught by Chen to reflect the locking tongue taught by Termanini in order to easily secure the liner and cup together prior to implantation. However, Chen in view of Termanini fails to explicitly teach wherein an angle between the outer side face and a central axis of the liner is 40-50 degrees, or a locking structure.
Serbousek teaches a prosthetic cup assembly with self-locking tapers comprising a locking structure (Fig. 1, tapers 30, 44) that locks the liner in the outer cup (Fig. 1, tapers 30, 44 are self-locking and maintain accurate alignment between shell 12 and liner 14 [0035]). Serbousek discloses that the male and female tapers provide mechanical connection between the shell and liner [0006]. 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 locking structure taught by Serbousek with the acetabular cup prosthesis taught by Chen in order to secure the outer cup to the liner during use. However, Chen in view of Termanini and Serbousek fails to teach wherein an angle between the outer side face and a central axis of the liner is 40-50 degrees.
Keller teaches a cotyloid cavity prosthesis wherein an angle between the outer side face and a central axis of the liner is 40-50 degrees (Fig. 5, angle α of lip 6 is between 15-40 degrees (col. 4, line 21)). Keller discloses that the angle of the lip is chosen to ensure self-locking occurs (col. 4, lines 8-14). 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 annular projection taught by Termanini to exhibit the angles taught by Keller in order to secure the liner to the shell of the prosthesis during use. However, Chen in view of Termanini and Keller fails to teach a locking structure.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (CN 107569303 A), “Chen” in view of Maumy et al. (US Pat. No. 5507828), “Maumy” and Termanini (CN 103945794 A), “Termanini” and Serbousek et al. (US 2002/0068980 A1), “Serbousek” and further in view of Mangan (US 2014/0343682 A1), “Mangan”.
Regarding claim 20, Chen teaches the abutting face (Fig. 2, annular groove 12), but Chen in view of Maumy and Termanini fails to teach a locking structure, or wherein a connection line is formed between any point on the abutting face and a center of a circle of the opening portion of the outer cup, and an angle between the connection line and a horizontal plane is greater than or equal to 45 degrees.
Serbousek teaches a prosthetic cup assembly with self-locking tapers comprising a locking structure (Fig. 1, tapers 30, 44) that locks the liner in the outer cup (Fig. 1, tapers 30, 44 are self-locking and maintain accurate alignment between shell 12 and liner 14 [0035]). Serbousek discloses that the male and female tapers provide mechanical connection between the shell and liner [0006]. 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 locking structure taught by Serbousek with the acetabular cup prosthesis taught by Chen in order to secure the outer cup to the liner during use. However, Chen in view of Temanini and Serbousek fails to teach wherein a connection line is formed between any point on the abutting face and a center of a circle of the opening portion of the outer cup, and an angle between the connection line and a horizontal plane is greater than or equal to 45 degrees.
Mangan teaches a convertible acetabular bearing wherein a connection line is formed between any point on the abutting face (Modified Fig. 2B below, longitudinal spherical grooves 58) and a center of a circle of the opening portion of the outer cup, and an angle between the connection line and a horizontal plane is greater than or equal to 45 degrees (Modified Fig. 2B below, bearing 12 comprises multiple longitudinal grooves 58 that extend along the outside of bearing 12 from equatorial axis 52 to greater than 45 degrees).
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Mangan discloses that the longitudinal grooves are distributed between the equatorial and polar regions of the bearing [0047]. 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 placement of the abutting face taught by Chen to reflect the placement of the longitudinal spherical grooves taught by Mangan to allow for a larger range of movement of the liner when within the cup.
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.
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/G.G.R./ Examiner, Art Unit 3774
/THOMAS C BARRETT/ SPE, Art Unit 3799