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 .
Specification
The disclosure is objected to because of the following informalities: “voronoi” is consistently misspelled as “voronoy”.
Appropriate correction is required.
Claim Objections
Claim(s) 1-2 is/are objected to because of the following informalities:
Within claim 1, line 4: “a counter component” should be replaced with --the counter component (1,2)-- to properly mirror the counter component within claim 1, lines 2-3.
Within claim 2: “Voronaj” is misspelled (it should be Voronoi).
Appropriate correction is required.
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.
Claim(s) 1-6 is/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 1 recites the limitation "the friction surface" in line 2. There is insufficient antecedent basis for this limitation in the claim. Claim(s) 2-6, which depend from claim 1, inherit all the problems associated with claim 1.
Within claim 1, line 3: Applicant claims, “side joint”; it is unclear, and therefore indefinite, which joint (singular) is being referred to from the plurality of joints within claim 1, lines 1-2 (appropriate correction will also be required within claim 1, lines 4-5).
Within claim 1, lines 1-4: Applicant claims, “a frictional surface (1a, 2a) […] characterized in that a cell structure (9) having a predetermined thickness is formed ON the frictional surface (1a, 2a)”; it is unclear, and therefore indefinite, how the frictional surface can be BOTH characterized with (be defined by) a predetermined thickness and ON itself – instead wouldn’t the frictional surface (which features a cell structure) have a predetermined thickness (but is not ON itself).
Within claim 5, lines 2-3: Applicant claims, “it is made of”; it is unclear, and therefore indefinite, what “it” is – the friction surface alone OR the entire articular endoprosthesis component.
Within claim 6, line 2: Applicant claims, “it is made of”; it is unclear, and therefore indefinite, what “it” is – the friction surface alone OR the entire articular endoprosthesis component.
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.
(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) 1-4 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Holmes et al. (US 2021/0298909 A1).
With respect to claim 1:
Holmes et al. discloses an articular endoprosthesis component (1, 2) (tissue scaffold) for joints having a friction surface (1a, 2a) (tissue scaffold is implanted on an articulating surface of a knee; as such, the outer most region thereof, which is configured to contact the tibia, will define a “frictional surface”), as can be seen in fig. 8, which can be (is capable of being) fitted to a friction surface of a counter component (1,2) (the counter component is not positively recited by Applicant, however, the tissue scaffold is capable of use with a tibial plate/ insert) of said joint (knee), characterized in that a cell structure (9) (pores of tissue scaffold) having a predetermined thickness (thickness of layers/ regions of the tissue scaffold) is formed on the friction surface (1a, 2a) (tissue scaffold is implanted on an articulating surface of a knee; as such, the outer most region thereof, which is configured to contact the tibia) to be fitted to (is capable of being fitted to) a counter component of the joint (paragraphs [0074, 0182, 0184-0195]).
With respect to claim 2:
Wherein the cell structure (9) (pores) comprises Voronoi cells (Voronoi structures) (paragraph [0074]).
With respect to claim 3:
Wherein the cell structure (9) (pores) comprises first cells (7) (pores within first region) and second cells (8) (pores within second region) (paragraphs [0075, 0082]), wherein characteristic dimension of the first cells (7) (pore width within first region) is preferably in a range from 5 µm to 100 µm (0-50 µm) (paragraph [0082]); and
the characteristic dimension of the second cells (8) (pore width within second region) is preferably from 100 µm to 300 µm (100-200 µm) (paragraph [0082]).
With respect to claim 4:
Wherein the cell structure (9) has a thickness (the thickness of one of the regions with pores) of a range between 0.5 mm and 10 mm (0.1-5 mm) (paragraph [0079]).
Claim(s) 1, 6 is/are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by Chan et al. (US 6866685B2).
With respect to claim 1:
Chan et al. discloses an articular endoprosthesis component (1, 2) (bearing component 10, as can be seen in figs. 1-2, or bearing component 600, as can be seen in fig. 9) for joints having a friction surface (1a, 2a) (surface 24, 606), which can be fitted to the friction surface of a counter component (1,2) (femoral head) of said joint (column 6, lines 41-57, column 9, line 52-column 10, line 19), characterized in that a cell structure (9) (recesses 32 or micro recesses 614) having a predetermined thickness (depth) is formed on the friction surface (1a, 2a) (surface 24, 606) to be fitted to a counter component (femoral head) of the joint (column 7, line 27-column 4, line 44, column 9, line 52-column 10, line 19).
With respect to claim 6:
Wherein the articular endoprosthesis component (1, 2) (bearing component 10, as can be seen in figs. 1-2, or bearing component 600, as can be seen in fig. 9) is made of a material selected from the group consisting of polyethylene (UHMWPE) and poly(ether-ether ketone) 9column 7, lines 9-27).
Claim(s) 1, 5 is/are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by Collier (4156943).
With respect to claim 1:
Collier discloses an articular endoprosthesis component (1, 2) (ball joint 101), as can be seen in fig. 1, for joints having a friction surface (1a, 2a) (articulation surface), which can be fitted to the friction surface of a counter component (1,2) (Applicant has not positively recited the counter component nor the friction surface thereof, as such, the articulation surface of the ball joint 101 is capable of being fitted therewith) of said joint (column 2, line 56-column 3, line 24, column 3, lines 43-51), characterized in that a cell structure (9) (pores) having a predetermined thickness (the thickness through of a portion of the articulating surface with pores) is formed on the friction surface (1a, 2a) (articulation surface) to be fitted to a counter component of the joint (Applicant has not positively recited the counter component nor the friction surface thereof, as such, the articulation surface of the ball joint 101 is capable of being fitted therewith).
With respect to claim 5:
Wherein articular endoprosthesis component (1, 2) (ball joint 101) is made of titanium alloy or medical steel (titanium or low carbon stainless steel) (column 4, lines 27-34).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to REBECCA S PRESTON whose telephone number is (571)270-5233. The examiner can normally be reached M, W: 9-5; T, Th, F: 9-1.
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/REBECCA S PRESTON/ Examiner, Art Unit 3774