Prosecution Insights
Last updated: April 19, 2026
Application No. 18/218,277

GLENOSPHERE WITH INSERTS FOR AUGMENTED FIXATION AND RELATED METHODS

Non-Final OA §102§112
Filed
Jul 05, 2023
Examiner
DUKERT, BRIAN AINSLEY
Art Unit
3774
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Encore Medical, L.P.
OA Round
1 (Non-Final)
82%
Grant Probability
Favorable
1-2
OA Rounds
2y 9m
To Grant
93%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allow Rate
651 granted / 794 resolved
+12.0% vs TC avg
Moderate +11% lift
Without
With
+11.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
30 currently pending
Career history
824
Total Applications
across all art units

Statute-Specific Performance

§101
1.7%
-38.3% vs TC avg
§103
32.8%
-7.2% vs TC avg
§102
31.9%
-8.1% vs TC avg
§112
22.5%
-17.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 794 resolved cases

Office Action

§102 §112
DETAILED ACTION The following is a non-final office action is response to communications received on 07/05/2023 . Claims 10-22 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. Drawings The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 1412, 1414, 1416, 1420, 1424, 1428, 1430, 1432, 1434, 1436, 1438, 1439, 1440, 1442, 1444, 1446, 1448, 1472, 1476, 1481, 1482, 1484 (referenced in [0171]- [0178] of the printed specification) . Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “1424” has been used to designate both second surface [0175] and fourth surface [0176]. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. 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 appl icant regards as his invention. Claim s 15-21 are 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 15 recites the limitation " the at least one first channel " in line 2 . There is insufficient antecedent basis for this limitation in the claim. Claim 15 recites the limitation "the cavity" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim. Claim 18 recites the limitation "the second surface" in line 2. There is insufficient antecedent basis for this limitation in the claim. Claim 19 recites the limitation "the cavity" in line 3. There is insufficient antecedent basis for this limitation in the claim. Claim 19 recites the limitation "the first cavity opening" in line 3. There is insufficient antecedent basis for this limitation in the claim. Claim 20 recites the limitation "the cavity" in line 1. There is insufficient antecedent basis for this limitation in the claim. Claim 20 recites the limitation "the at least one channel" in line 2. There is insufficient antecedent basis for this limitation in the claim. Claim 21 recites the limitation "the curved portion" in line 2. 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. Claim(s) 10-15 & 17-22 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Iannotti et al. (US 8,920,508) . Regarding Claim 10 , Iannotti teaches a shoulder prosthesis system (10) , comprising: a plate (1200) configured to be attached to a portion of a shoulder bone, the plate including a plate body including a first plate surface (shown) and a second plate surface (shown) opposite the first plate surface (Fig 34) , the plate including an engagement member (shown) extending from the second plate surface, the plate configured to receive a plurality of plate fixation members (1300) , the plurality of plate fixation members configured to attach the plate to the portion of the shoulder bone (Col 14: lines 31-34) ; a glenosphere (60) including a glenosphere body (61) including a first body surface (64) and a spherical second body surface (62) , the first body surface including an insert engagement region (shown in Fig 36) and a plate engagement region (shown in Fig 13A) , the plate engagement region configured to engage with the engagement member of the plate (as assembled in Fig 36) ; and an insert component (1500) including an insert body including a first insert surface (shown as bottom of 1500) , a second insert surface (shown as top of 1500) , and a third insert surface (shown as outside portion of 1500) , the first insert surface configured to engage the shoulder bone (Col 12: lines 55-58) , the second insert surface configured to engage with the insert engagement region of the gleno sphere (as shown in Fig 36) . Regarding Claim 11 , Iannotti teaches wherein the second insert surface is spaced from the first insert surface (Figs 35 & 36) and cooperates with the first insert surface to define at least one first channel (1512) , the at least one first channel configured to receive an engagement member (Col 14: lines 31-34) . Regarding Claim 12 , Iannotti teaches wherein the third insert surface (shown) includes a first surface end (shown) and a second surface end (shown) each extending from a perimeter of the first insert surface (Fig 35) , a curved portion (shown) of the third insert surface between the first surface end and the second surface end extending into the insert body, the curved portion shaped to contact a bone engagement member associated with the plate (Fig 36) . Regarding Claim 13 , Iannotti teaches wherein the prosthesis further comprises a cavity (1512) defined within the insert body, the cavity including a first cavity opening defined by the first insert surface, the cavity defining a first cavity region (on underside of 1500) and a second cavity region (on upper side of 1500) each coextensive with a third cavity region (other 1512) , the first cavity region and second cavity region each having a cavity diameter greater than (as the screw is capable of passing through) a diameter of the plate fixation member (1300) . Regarding Claim 14 , Iannotti teaches wherein the prosthesis further comprises a flange component (shown) configured to engage the first body surface (64) of the glenosphere (60) , the flange component including at least one flange channel (shown) configure to receive a bone fixation member (1300) for securing the flange to the shoulder bone. Regarding Claim 15 , as best understood (see 112 rejection supra), Iannotti teaches wherein the insert component (1500) includes at least one second channel (shown) , the at least one second channel configured to receive a bone fixation member (1300) configured to secure the insert component to the bone. Regarding Claim 17 , as best understood (see 112 rejection supra), Iannotti teaches wherein the at least one second channel defines a second channel axis that is not parallel to a first channel axis (shown) defined by the at least one first channel. Regarding Claim 18 , as best understood (see 112 rejection supra), Iannotti teaches wherein a first plane parallel to a first opening (1512) of the at least one first channel (for examination purposes this is assumed to be shown as the flange channel ) defined by the second surface (top of 1500) is spaced from a second plane parallel to a second opening (other 1512) of the at least one second channel (shown) . Regarding Claim 19 , as best understood (see 112 rejection supra), Iannotti teaches wherein the prosthesis further compris es a fourth insert surface (shown) extending from the third insert surface, the fourth insert surface defining a second cavity opening (opposite/other 1512) of the cavity opposite the first cavity opening. Regarding Claim 20 , as best understood (see 112 rejection supra), Iannotti teaches wherein the cavity is between the third insert surface (shown) and the at least one channel (either channel shown in Fig 34) . Regarding Claim 21 , as best understood (see 112 rejection supra) , Iannotti teaches wherein a first ar c length (blue line tracing the arc along the bottom of 1500 in Fig 36) along a first rim (shown) of the first insert surface (bottom of 1500) is greater than a second ar c length (shown as the rounding of the top rim of 1500 in plane perpendicular to first arc) of the curved portion of the third insert surface (shown) . Regarding Claim 22 , Iannotti teaches wherein the insert component (1500) is configured to be adjacent to the first plate surface (shown) while the insert component is engaged with the insert engagement region (shown) and the plate is engaged with the plate engagement region (shown) . Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT BRIAN AINSLEY DUKERT whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)270-3258 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT 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, FILLIN "SPE Name?" \* MERGEFORMAT Melanie Tyson can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT (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
Read full office action

Prosecution Timeline

Jul 05, 2023
Application Filed
Mar 07, 2026
Non-Final Rejection — §102, §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
82%
Grant Probability
93%
With Interview (+11.1%)
2y 9m
Median Time to Grant
Low
PTA Risk
Based on 794 resolved cases by this examiner. Grant probability derived from career allow rate.

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