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 § 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.
(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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Poltaretskyi et al. (U.S. Publication Number 2019/0380792).
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).
Referring to claim 2, Poltaretskyi et al. discloses wherein the apparatus may comprise: 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 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 9, Poltaretskyi et al. discloses wherein the apparatus is further configured to provide loading conditions on the at least one artificial model to mimic primary traction, secondary traction, flexion/extension, abduction/adduction, or internal/external rotation of the at least one artificial mode (Fig. 10 & Fig. 11 A)l.
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, see amended claims 2-5, 13 & 14, filed 1/29/2026, with respect to 35 USC 112, 2nd paragraph have been fully considered and are persuasive. The rejection of claims 2-5, 13 & 14 have been withdrawn.
Applicant's arguments filed 1/29/2026 have been fully considered but they are not persuasive. The applicant argues that the prior art teaches virtual versus physical components. However, the applicant has not positively recited physical components; therefore, the prior art still applies.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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.
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, Xuan Thai can be reached at 571-272-7147. 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.
/KESHA FRISBY/Primary Examiner, Art Unit 3715