DETAILED ACTION
The following is a non-final office action is response to communications received on 12/24/2025. Claims 1-18 are currently pending and addressed below.
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 .
Election/Restrictions
Applicant's election with traverse of Species LL (Fig 45) (claims 1, 4, 5, 12-15 & 18) in the reply filed on 12/24/2025 is acknowledged. The traversal is on the ground(s) that the examiner did not identify claim 1 as a generic claim. Although claim 1 may be generic to several of the species, the identified species are proper, distinct and independent. The requirement is still deemed proper and is therefore made FINAL.
Claim Rejections - 35 USC § 102
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 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 4, 5, 12-15 & 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nakano et al. (US 2012/0064288).
PNG
media_image1.png
640
420
media_image1.png
Greyscale
Regarding Claim 1, Nakano teaches a method for producing a structural medical device (Fig 22A) configured for installation into a prepared cavity (i.e., femur), comprising the steps of: a) manufacturing a body including a body (shown) portion sized for a pressfit fixation into the prepared cavity; and b) disposing a framework (23) within said body portion during said manufacturing step a) wherein said framework includes a set of one or more structural elements (23) configured to produce an anisotropic (as the framework and structure are not symmetric) bulk material property in said body portion.
Regarding Claims 4 & 14, Nakano teaches wherein said framework includes a first set (medial-lateral running chamber elements 23) of one or more structural elements and a second set (anterior-posterior running chamber elements 23) of one or more structural elements, each set of structural elements disposed in different non-overlapping regions of said body portion (as they run parallel with one another).
Regarding Claims 5 & 15, Nakano teaches wherein said first set of structural elements is different than said second set of structural elements (Fig 22A illustrates both a different size and orientation of the identified structural elements).
Regarding Claim 12, Nakano teaches wherein the prepared cavity includes a channel prepared in a long bone (i.e., femur) and wherein said body includes a stem (Fig 22A).
Regarding Claim 13, Nakano teaches wherein said body portion includes a foundation layer of said stem (solidified walls 21).
Regarding Claim 18, Nakano teaches wherein said step of manufacturing includes operating an additive manufacturing process [0069] configured to manufacture at least a portion of said body.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN AINSLEY DUKERT whose telephone number is (571)270-3258. The examiner can normally be reached Mon-Fri 6am-4pm.
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, Melanie Tyson can be reached at (571)272-9062. 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.
/BRIAN A DUKERT/Primary Examiner, Art Unit 3774