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 . This action is in response to the set of claims received on June 23, 2023. Claims 1-9 are currently pending.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
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 fourth pin insertion hole" in lines 2 and 3. There is insufficient antecedent basis for this limitation in the claim.
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.
Claims 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Milella, JR. et al. (US Publication 2022/0117611), hereinafter “Milella, JR.”.
Regarding claim 1, Milella discloses a guide unit (100, Figure 1) for bone cutting guide tool assembly, comprising: a body (102, Figure 1) having at least one guide slit (214, Figure 2); and an anchor (508, 510, Figure 5) capable of extending from a side of the body (i.e. extending through side 304, Figure 4), having a first pin insertion hole and a second pin insertion hole (218 and 220, respectively, Figure 2) with elongated shape therein.
Regarding claim 2, Milella discloses wherein the anchor is capable of furthering having a third pin insertion hole (210, Figure 2) and the fourth pin insertion hole (216, Figure 2) between the first pin insertion hole and the second pin insertion hole, and wherein the third pin insertion hole is formed in the anchor so as to be slanted with respect to the fourth pin insertion hole (i.e. the openings appear to be in different planes, Figure 2).
Regarding claim 3, Milella discloses wherein a shape of the first pin insertion hole is subsequently same to a shape of the third pin insertion hole and the fourth pin insertion hole (in as much as applicant describes “subsequently same to a shape” the first pin insertion hole is an opening as the third and fourth pin insertion holes represent an opening).
Regarding claim 4, Milella discloses wherein a straight line connecting the first pin insertion hole and the second pin insertion hole is parallel to a straight line extended from length of the guide slit (see the diagram below wherein the top dotted line between the first and second pin insertion hole is parallel or horizontal to the second dotted line extending the length of the guide slit).
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Allowable Subject Matter
Claims 5-9 are allowed.
The following is an examiner’s statement of reasons for allowance:
Regarding claim 5, the closest prior art, Cuckler et al. (US Publication 2008/0195107A1), discloses a bone cutting guide tool assembly (100, Figure 1) for artificial joint surgery, comprising: a base unit (102, Figure 1) having a through hole (112, Figure 1); a guide rod (104, Figure 1) inserted into the through hole and being inserted into a bone through a hole drilled at an end of the bone; a positioning unit (106, Figure 1) having a plurality of holes (120, Figure 1) for driving a pin into the bone in contact with the bone.
Cuckler et al., however, fails to disclose a connection unit mechanically connecting the base unit and the positioning unit so that the base unit and the positioning unit is enabled to slide vertically with each other; and a guide unit having a pin insertion hole capable of being into the pin and seated on the bone.
Regarding claim 5, the closest prior art, Servidio et al. (US Publication 2019/0314041) discloses a bone cutting guide tool assembly (240, Figure 10A) for artificial joint surgery, comprising: a base unit (275, Figure 10B) having a through hole (i.e. through which 252 extends, Figure 10C); a guide rod (252, Figure 10B) inserted into the through hole and being inserted into a bone through a hole drilled at an end of the bone; a positioning unit (272, Figure 10B) having a plurality of holes for driving a pin into the bone in contact with the bone.
Servidio et al., however, fails to disclose a connection unit mechanically connecting the base unit and the positioning unit so that the base unit and the positioning unit is enabled to slide vertically with each other; and a guide unit having a pin insertion hole to be inserted into the pin and seated on the bone.
Regarding claim 5, the closest prior art, Dietz et al. (AU 673433 bone cutting guide tool assembly for artificial joint surgery, comprising: a base unit having a through hole; a guide rod inserted into the through hole and being inserted into a bone through a hole drilled at an end of the bone; a positioning unit having a plurality of holes for driving a pin into the bone in contact with the bone; a connection unit mechanically connecting the base unit and the positioning unit so that the base unit and the positioning unit is enabled to slide vertically with each other; and a guide unit having a pin insertion hole to be inserted into the pin and seated on the bone.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DIANA S JONES whose telephone number is (571)270-5963. The examiner can normally be reached Monday to Friday (8am to 4pm EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kevin Truong can be reached at 571-272-4705. The fax phone number for the organization where this application or -proceeding is assigned is 571-273-8300.
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/Diana Jones/Examiner, Art Unit 3775
/KEVIN T TRUONG/Supervisory Patent Examiner, Art Unit 3775
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