DETAILED ACTION
This office action is responsive to the response to restriction requirement of June 17, 2026. By that response, claim 19 was amended. Claims 1-25 are pending.
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 .
Election/Restrictions
Applicant’s election without traverse of invention I, claims 1-18 and 25, in the reply filed on June 17, 2026, is acknowledged.
Claims 19-24 are hereby withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 June 17, 2026.
Examiner acknowledges applicant’s statement that he wishes to keep claims in condition for eventual rejoinder. Examiner is amenable to such, so long as the withdrawn claims are amended during prosecution to require all the limitations of an allowable claim.
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.
Claims 6-14 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.
It is unclear if the “first angle” of claim 6 is the same as the “first angle” of claim 8. Examiner understands claim 6’s first angle to be a variable angle, based on claim 7. Claim 8 refers to a second instance of ‘a first angle’ which appears to be a fixed angle since it meets a particular guide plane. Clarification or correction is requested. It is requested that if these are different angles, then they be recited with different names in the claims.
Claim 12 refers to the term “compound angle”. Examiner is unfamiliar with this term and requests applicant clarify what is meant by the term. The specification has been studied and is not considered to clarify this terminology. (e.g. how is a compound angle different from any other angle? To clarify metes and bounds of this limitation)
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.
Claim(s) 1-3, 6-18, and 25 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Williams (US 2,423,164).
Regarding claim 1, Williams teaches an alignment apparatus as at figs. 1-3 capable of use for an inferred orthopedic implant (analogous to workpiece 1 for this rejection), the apparatus comprising:
a coupling fixture 3 comprising a plurality of alignment features (portions of a bottom surface, thereof) that align with and engage complementary features of the inferred orthopedic implant (some surfaces thereof which the bottom surface 3 can be seated onto; alignment in at least 2 axes is accomplished), wherein the alignment features at portions of the bottom surface of 3 orient an alignment axis (aligned with aperture 17) of the alignment apparatus of figs. 1-3 with at least one inferred fastener aperture of the inferred orthopedic implant: Examiner notes that the Williams device is taught for use in fastener holes of complex surfaces at particular angles, for example, in aircraft manufacturing – there is no reason the device could not be placed on a properly shaped and configured implant and used to guide a tool through 17 and into a fastener aperture therein; and
a guide insert 13/16 comprising a guide aperture 17 through which the alignment axis passes, wherein the guide aperture 17 is configured to selectively align a tool (e.g. drill) with a plurality of trajectories through the at least one fastener aperture (two trajectories shown in figs. 2 and 3; additional trajectories achievable by rotation of the bushing by differing amounts).
Regarding claim 2, the at least one inferred fastener aperture of the inferred implant can hypothetically be a plurality of inferred fastener apertures, and wherein the alignment features (portions of the bottom surface of 3) are capable of engaging the inferred complementary features of the inferred implant in a plurality of rotational orientations relative to the inferred orthopedic implant (e.g. surface 3 can be seated on some implant having an appropriate surface, thereon, at a plurality of rotational orientations).
Regarding claim 3, the plurality of rotational orientations selectively align the alignment axis along 17 of the coupling fixture 3 with each of the plurality of fastener apertures (e.g. when portion 3 is moved to appropriate locations on the inferred implant).
Regarding claims 6 and 7, the coupling fixture 3 aligns the alignment axis through 17 at a first angle (some angle between that shown at fig. 2 and fig. 3) between 1 and 45 degrees relative to a mounting surface of the inferred orthopedic implant (analogous to workpiece 1) as at fig. 2.
Regarding claim 8, the guide insert 13/16 engages the coupling fixture 3 along a guide plane 60 (see fig. 3) defined by a first angle (angle of 60 relative to axis 10 in fig. 3) and perpendicular to the alignment axis through 17 (60 is perpendicular to the axis through 17 as at figs. 3 and 2, since the head 61 rides thereon).
Regarding claim 9, the guide insert 13/16 is rotationally constrained to rotate about the alignment axis through 17 in an assembled configuration engaged with the coupling fixture 3 as in figs. 2 and 3.
Regarding claims 10 and 11, the guide aperture 17 of the guide insert 13/16 is angled at a second angle from 0.10 to 15* relative to the alignment axis (at another rotational position of 13/16 relative to 3.
Regarding claim 12, as best understood – the claim is understood to refer to the first angle as required by claim 8. The first angle of 60 and the second angle (at a certain rotation of insert 13/16 relative to 3) define a compound angle defining a path of the trajectories through the at least one fastener aperture. See figs. 2 and 3.
Regarding claim 13, a rotation of the guide insert 13/16 relative to the coupling fixture 3 selectively aligns the guide aperture 17 with the trajectories of the inferred tool or inferred fastener.
Regarding claim 15, the guide insert 13/16 corresponds to a cylindrical dial 9 (note markings on 9 at graduations 32) that engages a pocket of the coupling fixture 3 (see fig. 4: 9 engages a pocket 18 formed within 3).
Regarding claim 16, the coupling fixture 3 comprises an indicator surface 33 extending about the pocket of the coupling fixture 3 (see fig. 1).
Regarding claim 17, the indicator surface 33 includes an angle indicia and the guide insert 13/16 comprises an alignment indicator 32, and wherein a rotational angle of the guide insert 13/16 relative to the coupling fixture 3 is identified by an orientation of the alignment indicator 32 with the angle indicia 33.
Regarding claim 18, there is no reason that the inferred orthopedic implant cannot be a glenoid implant.
Regarding claim 25, Williams teaches an alignment apparatus as at figs. 1-3 capable of use with an inferred orthopedic implant (considered analogous to workpiece 1 for purposes of making this rejection), the apparatus comprising:
a coupling fixture 3 comprising a plurality of alignment features (at various portions of the bottom surface of 3) that align with complementary features of the inferred orthopedic implant, wherein the alignment features are capable of orienting an alignment axis along 17 of the alignment apparatus of figs. 1-3 with at least one inferred fastener aperture of the inferred orthopedic implant; and
a guide insert 13/16 that engages the coupling fixture 3 along a guide plane 60 defined by a first angle perpendicular to the alignment axis along 17, wherein a rotation of the guide insert 13/16 relative to the coupling fixture 3 is constrained to rotate about the alignment axis along 17 in an assembled configuration, and wherein the guide insert 13/16 comprises a guide aperture 17 angled at a second angle relative to the alignment axis 60, wherein the rotation of the guide insert 13/16 relative to the coupling fixture 3 selectively aligns the guide aperture 17 with a plurality of trajectories of an inferred tool or an inferred fastener.
Claim Rejections - 35 USC § 103
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) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Williams in view of Miller (US 2,424,485).
Regarding claim 4, Williams taught the limitations of claim 2, as above. However, Williams fails to teach the coupling fixture 3 including a collar that is capable of receiving the inferred orthopedic implant and is capable of aligning a central axis of the implant with the alignment features.
Miller teaches a adjustable jig bushing analogous to the alignment apparatus of Williams, in that it includes a coupling fixture 7 and a guide insert 9 couplable, thereto. The coupling fixture 7 includes a collar 3 which is threaded for coupling to another structure (e.g. a nut 5).
It would have been obvious to one with ordinary skill in the art at the time of the invention to modify Williams to include a distal collar with a thread on 3 to permit 3 to interact with a properly sized and shaped aperture. Such would have been a modification of Williams to cause the end of Williams to be cylindrical instead of as arranged in figure 1, sitting atop a rectangular surface. One would have done so to cause 3 to become capable of being fixed into a threaded aperture to improve relative fixation of the components during use.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Williams in view of Berger et al. (US 8,414,594 B2).
Regarding claim 5, Williams teaches the limitations of claim 1, as above. However, Williams does not teach the alignment features comprising a plurality of alignment pins that engage a plurality of inferred coupling apertures of the inferred orthopedic implant.
Berger teaches an arrangement as seen best at figs. 8-12 in which a rotatable drill guide body includes a pair of guide bores (demonstrated carrying screws 16) and a pair of fixation bores with pins 33 carried therein. These pins 33 can pass through screw holes on a plate to which the device is attached.
It would have been obvious to one with ordinary skill in the art at the time of the invention to add spring-loaded pins with the Williams device such that a work piece can be marked by the pins (Berger, col. 7, lines 23-25) prior to drilling and driving a screw into the workpiece.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Williams in view of Collazo (US 2005/0075638 A1).
Regarding claim 14, Williams teaches the limitations of claim 10, as above.
Williams does teach bushing 16 (as a part of a guiding insert 13/16) being an interchangeable component for purpose of providing guidance to differently sized drill bits. However, replacement of the guide insert such that the different inserts is different to have a different angle is not taught.
Collazo teaches a guide arrangement at fig. 10. A guide insert 14/106 are placed within a coupling fixture 102. Callazo teaches rotation of 14 to vary an angle alpha [0037]. Collazo further teaches replacing the bushings 106/14 to those of different arrangements to achieve different angles alpha which are beyond the permitted range of a particular bushing arrangement [0037].
It would have been obvious to one with ordinary skill in the art at the time of the invention to provide Williams with additional guide inserts which cause Williams to include additional angles of guidance based on the teaching of Collazo that changing bushings in such a guiding tool can cause such a provision of additional angles. [0037]
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to David Bates whose telephone number is (571)270-7034. The examiner can normally be reached Monday through Friday, 10AM-6PM
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If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Kevin Truong, 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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/DAVID W BATES/Primary Examiner, Art Unit 3799
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