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 .
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.
Election/Restrictions
Claims 1-6 and 10-17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 08/11/2025.
Claim Rejections - 35 USC § 112
Claim 9 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 9 recites the limitation "the ultrasonic range " in line 1. There is insufficient antecedent basis for this limitation in the claim, as there is no “ultrasonic range” introduced in the claim or any claim from which it depends from.
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)(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.
Claims 7-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20160338751 A1 (hereafter --Kellar--).
Regarding Claim 7, Kellar discloses a method for implanting a medical implant into bone at a bond interface (see Abstract), the method comprising: providing a medical implant (see implant 10 in Figure 1 below) having at least one predetermined natural frequency (see paragraph [0056]); mechanically connecting a coupler of an instrument (54) to the medical implant (see Abstract, see paragraph [0066] denoting the instrument 54 is connected to stem 20 of implant 10); inserting the medical implant into an opening formed in the bone (see opening and bone in Figure 1 below); while inserting the medical implant, using the instrument (54) to apply a cyclic excitation force at the predetermined natural frequency to the exposed portion of the medical implant such that the medical implant vibrates and transfers surface energy to the bond interface (see paragraphs [0057] and [0066]), wherein a surface energy concentration is selected to overcome surface friction between the medical implant and the bone (see paragraph [0099]).
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Regarding Claim 8, Kellar discloses the method of claim 7 further comprising, subsequent to inserting the medical implant, using the instrument (54) to apply a cyclic excitation force with a specified amplitude, frequency, and vector to an exposed portion of the medical implant such that the medical implant vibrates and transfers surface energy to the bond interface, wherein a surface energy concentration is selected to form bonds between the medical implant and the bone (see paragraphs [0066] and [0099]).
Regarding Claim 9, Kellar discloses the method of claim 7 wherein the frequency of the cyclic excitation force is below the ultrasonic range (see paragraph [0068]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20130226189 A1: This reference discloses an instrument that vibrates at an ultrasonic frequency to create bonds between the bone and the implant.
US This reference discloses an instrument that vibrates at a frequency to create bonds between the bone and the implant.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PARIS MARIE BLASS whose telephone number is (703)756-5375. The examiner can normally be reached Monday - Thursday 9 a.m. - 7 p.m. ET.
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/PARIS MARIE BLASS/Examiner, Art Unit 3774
/MELANIE R TYSON/Supervisory Patent Examiner, Art Unit 3774