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.
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) 1-9 and 21-27 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Marchyn et al (US Patent Pub. 20070118141A1).
Marchyn recites a reamer guide plate. Specifically in regards to claim 1, Marchyn recites a guide plate body (40) comprising: a bone-facing surface (82, Fig. 1 ); a superior surface (surface opposite 82), opposite the bone-facing surface (82); and a reamer guide bore formed through the guide plate body (40) and oriented to pass through the superior surface and the bone-facing surface of the guide plate body (40), wherein the reamer guide bore (opening of 40) is shaped to receive and guide a reamer head (80) that is placed therethrough (Fig. 1-3; and Para. [0033]-[0037]). A handle (24/26) coupled to the guide plate body (40); and one or more fixation elements (63) projecting from the bone-facing surface (82), the one or more fixation elements (63) configured to couple the bone-facing surface (82) of the reamer guide plate (40) to a bone; and a reamer head (80 shown inside 40, Fig. 1 and 3-4) comprising a distal cutting surface comprising one or more cutting features configured to be inserted through the reamer guide bore (Fig. 1 and 3-4; and Para. [0037]-[0040]). Marchyn also recites wherein a diameter of the reamer head is greater than a height of the reamer head (Fig. 1 and 3-4).
In regards to claim 2, Marchyn recites wherein the reamer guide bore (opening in 40) comprises a circular shape defined by an annular inner side wall intermediate the bone-facing surface (82) and the superior surface (Fig. 2).
In regards to claim 3, Marchyn recites one or more beveled surfaces intermediate the annular side wall and the superior surface (U-shaped beveled surfaces in the wall of 40.) (Fig. 1-3)
In regards to claim 4, Marchyn recites one or more windows (slot shaped windows) formed through the guide plate body (40) about the reamer guide bore (Fig. 1-4).
In regards to claim 5, Marchyn recites wherein the one or more windows comprise one or more lobe shapes adjacent the reamer guide bore (Fig. 1-4).
In regards to claim 6, Marchyn recites wherein the one or more fixation elements (63) comprise one or more spikes projecting from the bone-facing surface (Fig. 1-2).
In regards to claim 7, Marchyn recites wherein the handle (24/26) is removably couplable with the guide plate body (40) (Fig. 1-4; and Para. [0033]).
In regards to claim 8, Marchyn recites wherein the handle (24/26) is integrally formed with the guide plate body (40) (The term “integrally” is defined by the Oxford English Dictionary as “[o]f or pertaining to a whole. Said of a part or parts: Belonging to or making up an integral whole.” Therefore, once the handle assembly 24/26 is attached to the plate 40 the handle and plate are an integral whole as required by the claim.) (Fig. 1-4; and Para. [0033]).
In regards to claim 9, Marchyn recites at least one guard member (22) coupled with the reamer guide plate (40) (Fig. 1-3).
Marchyn recites a reamer guide plate. Specifically in regards to claim 21, Marchyn recites a guide plate body (40) comprising: a bone-facing surface (82, Fig. 1 ); a superior surface (surface opposite 82), opposite the bone-facing surface (82); and a reamer guide bore formed through the guide plate body (40) and oriented to pass through the superior surface and the bone-facing surface of the guide plate body (40), wherein the reamer guide bore (opening of 40) is shaped to receive and guide a reamer head (80) that is placed therethrough (Fig. 1-3; and Para. [0033]-[0037]). A handle (24/26) coupled to the guide plate body (40); and one or more fixation elements (63) projecting from the bone-facing surface (82), the one or more fixation elements (63) configured to couple the bone-facing surface (82) of the reamer guide plate (40) to a bone; and a reamer head (80 shown inside 40, Fig. 1 and 3-4) comprising a distal cutting surface that comprises one or more cutting features projecting distally from the distal cutting surface, wherein a distal end of the reamer head (80) is configured to be inserted through the reamer guide bore (Fig. 1 and 3-4; and Para. [0037]-[0040]).
In regards to claim 22, Marchyn recites wherein the reamer guide bore (opening in 40) comprises a circular shape defined by an annular inner side wall intermediate the bone-facing surface (82) and the superior surface (Fig. 2).
In regards to claim 23, Marchyn recites one or more beveled surfaces intermediate the annular side wall and the superior surface (U-shaped beveled surfaces in the wall of 40.) (Fig. 1-3)
In regards to claim 24, Marchyn recites one or more windows (slot shaped windows) formed through the guide plate body (40) about the reamer guide bore (Fig. 1-4).
In regards to claim 25, Marchyn recites wherein the one or more windows comprise one or more lobe shapes adjacent the reamer guide bore (Fig. 1-4).
In regards to claim 26, Marchyn recites wherein the one or more fixation elements (63) comprise one or more spikes projecting from the bone-facing surface (Fig. 1-2).
In regards to claim 27, Marchyn recites wherein the handle (24/26) is removably couplable with the guide plate body (40) (Fig. 1-4; and Para. [0033]).
Allowable Subject Matter
Claims 10-11 and 13-14 are allowed.
The closest art of record Marchyn and Gundlapalli disclose a reamer head and a reamer guide plate as recited in the claims however, neither reference recites a plurality of stops that surrounding the proximal surface of the reamer head which are meant to contact the superior surface of the guide plate body as now recited in claim 10. Therefore, the claims of the instant application have not been rejected using prior art because none of the references or reasonable combinations thereof could be found which disclose or suggest all of the features of the claims, and there is no reasonable motivation to modify the art of record to have these features. Furthermore, attempting to modify the references to have all the cited limitations would destroy the proposed inventions.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 MARCELA I SHIRSAT whose telephone number is (571)270-5269. The examiner can normally be reached M-F 9:00am-5:30pm MST.
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/MARCELA I. SHIRSAT/ Primary Examiner, Art Unit 3775
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