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 .
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.
Claim(s) 1, 3-8 & 10-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Poltaretskyi et al. (U.S. Publication Number 2019/0380792) in view of CN113855231A.
Referring to claim 1, Poltaretskyi et al. discloses comprising: an apparatus for supporting at least one artificial model of the joint in at least one joint orientation position (Fig. 10 & Fig. 11 A), and at least one artificial model of the joint, releasably mounted to the apparatus, the apparatus configured for pivotal and rotatable movement of the artificial model within the at least one joint orientation position (Fig. 10 & Fig. 11 A). Poltarestskyi does not disclose a base, a manipulator arm mounted to the base; at least one artificial model of the joint releasably mounted to the apparatus manipulator arm, and the apparatus manipulator arm configured for pivotal and rotatable movement of the artificial model of the joint within the at least one joint orientation position and to provide loading conditions on the artificial model to mimic primary traction, secondary traction, flexion or extension, abduction or adduction, or internal or external rotation of the artificial model. However, CN113855231A teaches a base (1), a manipulator arm mounted to the base (Images 1, 2 & 4); at least one artificial model of the joint releasably mounted to the apparatus manipulator arm (images 2 and 4), and the apparatus manipulator arm configured for pivotal and rotatable movement of the artificial model of the joint within the at least one joint orientation position (abstract) and to provide loading conditions on the artificial model to mimic primary traction, secondary traction, flexion or extension, abduction or adduction, or internal or external rotation of the artificial model. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to include a base, a manipulator arm mounted to the base; at least one artificial model of the joint releasably mounted to the apparatus manipulator arm, and the apparatus manipulator arm configured for pivotal and rotatable movement of the artificial model of the joint within the at least one joint orientation position and to provide loading conditions on the artificial model to mimic primary traction, secondary traction, flexion or extension, abduction or adduction, or internal or external rotation of the artificial model, as disclosed by CN113855231A, incorporated into Poltarestskyi in order to have an orthopaedic hip arthroscopy surgery simulation device.
Referring to claim 3, Poltaretskyi et al. discloses wherein the base further comprises: a base plate, a pedestal, and at least one T-bar connector for receiving and securing the manipulator arm (Fig. 10 & Fig. 11 A).
Referring to claim 4, Poltaretskyi et al. discloses wherein the T-bar connector comprises at least two attachment posts for receiving and securing the manipulator arm in the at least one joint orientation position (Fig. 10 & Fig. 11 A).
Referring to claim 5, Poltaretskyi et al. discloses wherein the manipulator arm further comprises at least one telescoping boom assembly (Fig. 10 & Fig. 11 A).
Referring to claim 6, Poltaretskyi et al. discloses wherein the artificial model is a human joint (Fig. 10 & Fig. 11 A).
Referring to claim 7, Poltaretskyi et al. discloses wherein the human joint is a shoulder joint (Fig. 10 & Fig. 11 A).
Referring to claim 8, Poltaretskyi et al. discloses wherein the at least one joint orientation position comprises at least a beach chair position or a lateral decubitus position (Fig. 10 & Fig. 11 A).
Referring to claim 10, Poltaretskyi et al. discloses comprising: a base, and a manipulator arm mounted to the base, the manipulator arm configured to rotatably and pivotally receive the at least one artificial model of the joint (Fig. 10 & Fig. 11 A).
Referring to claim 11, Poltaretskyi et al. discloses wherein the base further comprises: a base plate, a pedestal, and at least one T-bar connector for receiving and securing the manipulator arm (Fig. 10 & Fig. 11 A).
Referring to claim 12, Poltaretskyi et al. discloses wherein the T-bar connector comprises at least two attachment posts for receiving and securing the manipulator arm (Fig. 10 & Fig. 11 A).
Referring to claim 13, Poltaretskyi et al. discloses wherein the manipulator arm may comprise: a sleeve for releasably mounting the manipulator arm to the base, and a boom assembly (Fig. 10 & Fig. 11 A).
Referring to claim 14, Poltaretskyi et al. discloses wherein the boom assembly comprises a spring-biased piston assembly (Fig. 10 & Fig. 11 A).
Referring to claim 15, Poltaretskyi et al. discloses comprising: at least one connector for releasably connecting the model to the apparatus in at least one surgical position (Fig. 10 & Fig. 11 A).
Referring to claim 16, Poltaretskyi et al. discloses wherein the joint is a human joint (Fig. 10 & Fig. 11 A).
Referring to claim 17, Poltaretskyi et al. discloses wherein the human joint is a shoulder joint (Fig. 10 & Fig. 11 A).
Referring to claim 18, Poltaretskyi et al. discloses wherein the artificial model comprises one or more layers of artificial skin, fat, bones, muscles, tendons, ligaments, cartilage, or connecting soft tissue (Fig. 10 & Fig. 11 A).
Referring to claim 19, Poltaretskyi et al. discloses wherein the model comprises at least a scapula bone and a humerus bone, and one of the at least one connectors connect the scapula bone to the apparatus and another one of the at least one connectors connect the humerus bone to the apparatus (Fig. 10 & Fig. 11 A).
Referring to claim 20, Poltaretskyi et al. discloses wherein the model further comprises at least one of a rotator interval, a joint capsule, a musculotendinous junction, a tight or loose joint, cartilage, a labrum, a biceps tendon, or bones of different hardnesses (Fig. 10 & Fig. 11 A).
Response to Arguments
Applicant's arguments filed 6/24/2026 have been fully considered. The applicant states that he has amended claim 1 in an attempt to further clarify the structural and functional relationship between the claimed apparatus and the artificial (physical model). As this is a system claim, the applicant has added some structural elements but has added the functional elements which are the intended use or functional relationship.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KESHA FRISBY whose telephone number is (571)272-8774. The examiner can normally be reached Monday-Friday 730AM-4PM.
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/KESHA FRISBY/
Primary Examiner, Art Unit 3715
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