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 .
Election/Restrictions
Applicant’s election without traverse of Groups I-II (claims 1-14) in the reply filed on 2/17/26 is acknowledged.
Claims 15-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 2/17/26.
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) 1-2, 4-10 and 13-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gundlapalli et al (US Patent Pub. 7001394B2).
Gundlapalli recites a reamer guide plate. Specifically in regards to claim 1, Gundlapalli recites a guide plate body (24) comprising: a bone-facing surface (Fig. 15 showing bone facing surface against bone); a superior surface (superior surface clearly shown in Fig. 15), opposite the bone-facing surface; and a reamer guide bore (50) formed through the guide plate body (24) and oriented to pass through the superior surface and the bone-facing surface of the guide plate body (24), wherein the reamer guide bore (50) is shaped to receive and guide a reamer head (124) that is placed therethrough (Fig. 1-3 and 15-18; and Col. 4 lines 31-Col. 5 line 2, Col. 8 line 30-48). A handle (32) coupled to the guide plate body (24); and one or more fixation elements (48) projecting from the bone-facing surface, the one or more fixation elements (48) configured to couple the bone-facing surface of the reamer guide plate (12) to a bone; and a reamer head (124) comprising a distal cutting surface comprising one or more cutting features configured to be inserted through the reamer guide bore (As shown in Fig. 18, the drill 124 is used to create bore 128.) (Fig. 17-18; and Col. 8 line 20-48).
In regards to claim 2, Gundlapalli recites wherein the reamer guide bore (50) comprises a circular shape (central bore shape) defined by an annular inner side wall intermediate the bone-facing surface and the superior surface (Fig. 15).
In regards to claim 4, Gundlapalli recites one or more windows (46/40/42/44) formed through the guide plate body (24) about the reamer guide bore (50) (Fig. 2).
In regards to claim 5, Gundlapalli recites wherein the one or more windows (40/42) comprise one or more lobe shapes adjacent the reamer guide bore (50) (Fig. 2).
In regards to claim 6, Gundlapalli recites wherein the one or more fixation elements (48) comprise one or more spikes projecting from the bone-facing surface (Fig. 17-18).
In regards to claim 7, Gundlapalli recites wherein the handle (32) is removably couplable with the guide plate body (24) (Fig. 15-18; and Col. 7 line 49-56).
In regards to claim 8, Gundlapalli recites wherein the handle (32) is integrally formed with the guide plate body (24) (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 32 is attached to the plate 12 the handle and plate are an integral whole as required by the claim.) (Fig. 15-18; and Col. 7 line 49-56).
In regards to claim 9, Gundlapalli recites at least one guard member (26/56) coupled with the reamer guide plate (12) (Fig. 1-3 and 15).
In regards to claim 10, Gundlapalli recites a bone reaming system. Specifically, Gundlapalli recites a reamer guide plate (12) comprising: a guide plate body (24) comprising: a bone-facing surface (Fig. 15 showing bone facing surface against bone); a superior surface (superior surface clearly shown in Fig. 15), opposite the bone-facing surface; and a reamer guide bore (50) formed through the guide plate body (24) and oriented to pass through the superior surface and the bone-facing surface of the guide plate body (24); and a reamer head (124) comprising: a distal cutting surface comprising one or more cutting features (Fig. 1-3 and 15-18; and Col. 4 lines 31-Col. 5 line 2, Col. 8 line 30-48). One or more stop members (126) coupled to a proximal end of the reamer head (124), wherein: the reamer guide bore (50) is shaped to receive and guide the distal cutting surface of the reamer head (124) placed through the reamer guide bore (50) (As shown in Fig. 18, the drill 124 is used to create bore 128.) (Fig. 17-18; and Col. 8 line 20-48). The one or more stop members (126) are configured to contact the superior surface of the guide plate body (24) to limit a predetermined depth of the distal cutting surface projecting from the bone-facing surface of the guide plate body (24) (The figures demonstrate the drill passing through the drill guide 14 until the stop 126 hits the top surface of the guide, however, if the drill is used without the guide the stop would hit the surface of the plate thereby stopping the drill from passing further through the plate.) (Fig. 18).
In regards to claim 13, Gundlapalli recites wherein the reamer guide bore (50) formed through the guide plate body (20) comprises a circular shape defined by an annular inner side wall intermediate the bone-facing surface and the superior surface (Fig. 1-3).
In regards to claim 14, Gundlapalli recites wherein the reamer guide plate (12) further comprises one or more windows (46/40/42/44) formed through the guide plate body (24) about the reamer guide bore (50) (Fig. 1-3).
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) 3 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gundlapalli in view of Kaufman et al (US Patent 4721104).
Gundlapalli recites a system comprising a guide plate having a body with a bone facing and superior surfaces, a reamer guide bore passing therethrough, a handle coupled to the plate, and one or more fixation elements projection from the bone facing surface; and a reamer head. However, the reference is silent as to the reamer bore having one or more beveled surfaces intermediate the annular inner side wall and the superior surface.
Kaufman recites a bone reaming system. Specifically in regards to claim 3, Kaufman recites the reamer guide bore (70) defines an annular inner side wall intermediate the bone-facing surface and the superior surface; and recites one or more beveled surfaces (71/73) intermediate the annular inner side wall and the superior surface (Fig. 2 and 6; and Col. 4 line 60-68, Col. 5 line 24-37, Col. 8 lines 11-34). In regards to claim 12, Kaufman recites the one or more stop members (29 with 30) comprise a first beveled surface circumscribing the proximal end of the reamer head (1); and the reamer guide plate (2) further comprises at least one second beveled surface (71/73) shaped to contact the first beveled surface (29 with 30) of the reamer head (1) and limit the predetermined depth of the distal cutting surface projecting from the bone-facing surface of the guide plate body (body of 2) (Fig. 2 and 6; and Col. 4 line 60-68, Col. 5 line 24-37, Col. 8 lines 11-34). It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the reamer (124) and reamer bore (50) of Gundlapalli to have beveled surfaces as taught in Kaufman as a means to better guide the cutting head in the bore (Col. 8 line 13-17).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gundlapalli in view of Stump (US Patent Pub. 20210251643A1).
Gundlapalli recites a system comprising a guide plate having a body with a bone facing and superior surfaces, a reamer guide bore passing therethrough, a handle coupled to the plate, and one or more fixation elements projection from the bone facing surface; and a reamer head. However, the reference is silent as to the reamer head having a stop in the form of one or more tabs.
Stump recites a bone reaming system. Specifically in regards to claim 11, Stump recites wherein the one or more stop members (2424) comprise a plurality of tabs projecting from the proximal end of the head (2428) (Fig. 20; and Para. [0212]). It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the reamer (124) stop (126) of Gundlapalli to a series of tabs as taught in Stump as a means allow for the tool head to abut the wall of the annular plate no matter how inserted.
Conclusion
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