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
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)(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.
Claims 1-10, 14-18 and 23 are rejected under 35 U.S.C. 102 (a)(2) as being anticipated by Heggs et al. (2023/0301793) “Heggs”.
Regarding claim 1, as best understood, Heggs discloses a modular augment 100 (Fig. 10) comprising: a center unit 102 having an accommodation space (cutouts 105 and 110) defined therein and having a first surface and a second surface which are open (open surfaces of cutouts 105/110; Fig. 10); an additional unit 200a coupled to the center unit 102, wherein according to a degree of a patient’s bone loss, the additional unit is selectively coupled to the center unit so as to adjust a degree of bone reinforcement (par. 0003 discloses variety of different knee augments depending on the patient’s needs to ensure the correct augment is implanted; Fig. 10 discloses the center unit 102 coupled to additional units 200a/200b which are capable of performing this intended use of being capable of adjusting a degree of bone reinforcement).
Regarding claim 2, Heggs discloses wherein the center unit 102 comprises a coupling part 117 (par. 0109 and Fig. 6) configured to separably couple the additional unit 200a to the center unit (par. 0109 discloses the coupling part 117 couples to the grooves 215 in additional unit 200; Fig. 6).
Regarding claim 3, Heggs discloses wherein the coupling part 117 has a shape to allow the additional unit 200 to be coupled to the center unit 102 by sliding the additional unit in a first direction (par. 0109 and Fig. 6 disclose the additional unit 200 is slid into the cutout and towards the distal end 104), and to allow the additional unit coupled to the center unit to be separated therefrom by sliding the additional unit in a second direction opposite to the first direction (the structure of the slidable engagement is fully capable of performing the intended use of allowing the additional unit to slide towards the proximal end to separate from the center unit; Fig. 6) .
Regarding claim 4, Heggs discloses wherein the coupling part 117 comprises a cut part (groove 116; Fig. 6 and par. 0114) formed by removing a side surface of the center unit toward the open second surface from the open first surface of the center unit so as to define space into which the additional unit 200 is slidably inserted (the groove 116 is a space that is created on the side wall surface of wall 108 of the center unit towards the open slot surface; par. 0114 and Fig. 6).
Regarding claim 5, Heggs discloses wherein the coupling part 117 comprises a locking part formed to fix the additional unit inserted through the cut part (pars. 0039 and 0109 discloses locking mechanisms for locking the additional unit 200 into the cutout of the center unit).
Regarding claim 6, Heggs discloses, wherein the locking part comprises:
a first vertical part 218 (par. 0114 and Fig. 6) protruding in the separating direction of the additional unit 200 so as to be accommodated in the additional unit (Fig. 6);
a first recessed part 215 (par. 0108 and Fig. 6) recessed in the coupling direction of the additional unit 200 so as to accommodate the additional unit;
and a second vertical part 220 protruding in the separating direction of the additional unit so as to support the additional unit accommodated in the first recessed part 215 (par. 0109 and Fig. 6).
Regarding claim 7, Heggs discloses wherein the coupling part 117 is formed on each of medial and lateral sides of the center unit relative to a center vertical axis of the center unit (Fig. 6 discloses the top view of the center unit where the coupling part is located on both sides of the center unit that receive additional units 200a/200b; Fig. 10).
Regarding claim 8, Heggs discloses wherein the coupling part is formed on a posterior side of the center unit relative to a center horizontal axis of the center unit (as shown in Fig. 6).
Regarding claims 9-10, Heggs discloses the coupling part 117 is formed in a non-porous structure and wherein the center unit comprises: a bone contact part which is connected to the coupling part and is in contact with a bone; and a bone non-contact part which is not in contact with the bone, wherein the bone contact part is formed in a porous structure, and the bone non-contact part is formed in a non-porous structure (par. 0027 and Fig. 7 disclose a porous bone growth coating on the outer bone contacting surface of the center unit, where the remainder of the center unit not having the porous coating is non-porous).
Regarding claim 14, Heggs discloses wherein the additional unit 200 comprises a fastening part 201 coupled separably to the coupling part 117 (Fig. 6).
Regarding claims 15-16, Heggs discloses wherein the fastening part 201 comprises a holding surface extending to be inclined along an inclined section formed by a cut part of the center unit so that the additional unit is held by the inclined section so as not to deviate in medial and lateral directions of the center unit (the groove 215 of additional unit has an inclined portion adjacent 220 which engages the cut part of the center unit 102; Fig. 6) and wherein the fastening part 201 comprises an extension surface (flat surface at 220) extending from an end of the holding surface along a profile of an inner circumferential surface of the center unit (Fig. 6).
Regarding claims 17 and 23, Heggs discloses herein the fastening part and fixing part is formed in a non-porous structure (par. 0027 and Fig. 7 disclose a porous bone growth coating on the outer bone contacting surface of the center unit, where the remainder of the device including the fastening part and fixing part not having the porous coating is non-porous).
Regarding claim 18, Heggs discloses wherein the additional unit 200 comprises a fixing part coupled to the locking part (the groove 215 and at attachment feature 117 coupling; par. 0109 and Fig. 4).
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.
Claims 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Heggs et al. (2023/0301793) “Heggs” in view of Case (7794504).
Heggs discloses the claimed invention of claim 1; except for the additional unit comprises an inclined part tapered in a coupling direction in which the additional unit is coupled to the center unit; wherein the inclined part comprises: a first inclined part tapered at a first angle relative to a vertical axis of the additional unit; and a second inclined part tapered by extending from an end of the first inclined part at a second angle relative to the vertical axis, wherein the first angle is smaller than the second angle and wherein the inclined part is formed in a porous structure.
However, Case teaches a similar additional unit 406 (Fig. 5) comprising an inclined part tapered (tapers 980 and 920; Fig. 5) in a coupling direction wherein the inclined part comprises: a first inclined part 980 tapered at a first angle relative to a vertical axis of the additional unit; and a second inclined part 920 tapered by extending from an end of the first inclined part at a second angle relative to the vertical axis, wherein the first angle is smaller than the second angle (col. 4, lin. 50-54 disclose taper angle 1000 is less than taper angle 940) and wherein the inclined part is formed in a porous structure (col. 3, lin. 55-58 disclose a porous structure and the tapered surfaces are formed in the porous shell).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the additional unit in Heggs to include the additional unit comprises an inclined part tapered in a coupling direction in which the additional unit is coupled to the center unit; wherein the inclined part comprises: a first inclined part tapered at a first angle relative to a vertical axis of the additional unit; and a second inclined part tapered by extending from an end of the first inclined part at a second angle relative to the vertical axis, wherein the first angle is smaller than the second angle and wherein the inclined part is formed in a porous structure, as taught and suggested by Case, for allowing secured taper couple type fastening and for bone ingrowth (col. 3, lin. 6-10 and lin. 55-58 of Case).
Allowable Subject Matter
Claims 19-22 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: the subject matter is allowable since the closest prior art of record of Heggs et al. fails to disclose “wherein the fixing part comprises a second recessed part recessed in the separating direction of the additional unit so as to accommodate the first vertical part of the center unit”, which has not been found anticipated by or obvious over prior art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YASHITA SHARMA whose telephone number is (571)270-5417. The examiner can normally be reached on 8am-5pm M-Th; 8am-4pm Fri (MT).
If attempts to reach the examiner by telephone are unsuccessful, the examiner' s supervisor, Jerrah Edwards, can be reached at 408-918-7557. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/YASHITA SHARMA/
Primary Examiner, Art Unit 3774