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 . This office action is in response to the set of claims received on July 6, 2023. Claims 1-16 are currently pending.
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)(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 1-15 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Haddock et al. (US Publication 2019/0150948), hereinafter “Haddock”.
Regarding claim 1, Haddock discloses a surgical instrument for use in a knee joint replacement operation, the surgical instrument comprising a fastening device (300, capable of releasably fastening to a femoral trial implant mounted on a distal femur, the fastening device comprising two positioning pins (304, Figure 3) which are arranged spaced apart mediolaterally from each other and which, for the purpose of positioning the fastening device, are designed to be capable of being plugged in a posterior direction into two receiving bores, complementary to the positioning pins, of the trial implant, the fastening device further comprising at least one fixing element (306, Figures 6B and 6C) capable of fixing the fastening device in a form-fitting manner to the trial implant in an anterior direction.
Regarding claim 2, Haddock discloses wherein the fixing element comprises at least one snap-in hook (Figures 6A-6C) (i.e., 306 snaps into groove 130).
Regarding claim 3, Haddock discloses wherein the fixing element is capable of being adjustably movable, relative to the positioning pins, between a fixing position and a release position (i.e. when 306 is moved into 130 to secure the trial component 100 and 300 [paragraph 0037]).
Regarding claim 4, Haddock discloses wherein the fastening device comprises at least one spring element (316, Figure 3) capable of generating a spring force which biases the fixing element toward the fixing position [paragraph 0048].
Regarding claim 5, Haddock discloses wherein the at least one spring element comprises a torsion or beam spring element (see Figure 3).
Regarding claim 6, Haddock discloses wherein the fixing element has at least one form-fitting portion (body of 306, Figure 3) for producing a form fit between the fastening device and the trial implant [paragraph 0048].
Regarding claim 7, Haddock discloses wherein the positioning pins are each elongate in an anteroposterior direction between a first and a second end (see the diagram below), wherein a first end portion present at the respective first end is capable of being receivable in the posterior direction in one of the receiving bores of the trial implant so as to form a plug connection.
Regarding claim 8, Haddock discloses wherein the at least one form-fitting portion creates an undercut (see the diagram below) with respect to the anterior direction.
Regarding claim 9, Haddock discloses wherein the first ends are exposed posteriorly and the undercut is exposed anteriorly, such that the trial implant can be positioned anteroposteriorly between the first ends and the undercut (see the diagram below).
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Regarding claim 10, Haddock discloses a femoral trial implant (100, Figure 1) capable of being used in a knee joint replacement operation, the femoral trial implant comprising: a bone contact surface (108, Figure 5) capable of contacting a distal femur; two receiving bores (128, Figure 5) each capable of receiving a positioning pin of a surgical instrument; and a fixing portion (130, Figure 5) which is capable of forming -fit connection to a fixing element of the surgical instrument.
Regarding claim 11, Haddock discloses a femoral trial implant according to claim 10, wherein the bone contact surface is arranged on a proximal rear face of a main body of the trial implant and lies opposite a distal front face of the main body (136, Figure 5), wherein the main body has two condyle portions (108, Figure 5) which are spaced mediolaterally apart from each other and which each extend in an anteroposterior direction and transition at their anterior ends into a connection portion of the main body, wherein the fixing portion is arranged at a posterior end of the connection portion, mediolaterally between the two condyle portions (i.e., grooves 130 are located between condyle portions 108, see Figure 5).
Regarding claim 12, Haddock discloses wherein the fixing portion is arranged mediolaterally between the two receiving bores and/or at a proximodistal distance from the two receiving bores (see Figure 5).
Regarding claim 13, Haddock discloses wherein the fixing portion creates an undercut (i.e. 130 creates an abutment surface for 306) with respect to a posterior direction.
Regarding claim 14, Haddock discloses wherein at least one of the receiving bores is a blind hole (as best seen in Figures 5-6c, there’s no outlet for 304, within 128).
Regarding claim 15, Haddock discloses a surgical instrument system for use in a knee joint replacement operation, the surgical instrument system comprising: the surgical instrument according to claim 1; and at least one femoral trial implant (100, Figure 5) comprising: a bone contact surface (108, Figure 5) capable of contacting a distal femur; two receiving bores (128, Figure 5) each capable of receiving one of the positioning pins of the surgical instrument; and a fixing portion (130, Figure 5) capable of forming-fit connection to a fixing element of the surgical instrument [paragraph 0050], wherein the surgical instrument is releasably fastened to the at least one femoral trial implant, wherein the positioning pins and the receiving bores have complementary configurations [paragraph 0051], wherein the positioning pins are at least partially plugged into the receiving bores along the posterior direction (see Figure 6B), wherein the fixing element and the fixing portion are tailored to each other to produce a form fit, and wherein the surgical instrument is fixed on the at least one femoral trial implant by the form fit [paragraph 0051].
Allowable Subject Matter
Claim 16 is 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DIANA S JONES whose telephone number is (571)270-5963. The examiner can normally be reached Monday to Friday (8am to 4pm EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kevin Truong can be reached 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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/Diana Jones/Examiner, Art Unit 3775
/KEVIN T TRUONG/Supervisory Patent Examiner, Art Unit 3775
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