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 Group I in the reply filed on December 12th, 2025 is acknowledged.
Claims 16-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 December 12th, 2025.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: coupling mechanism in claims 3 and 13, see [0017] for the structure (quick-release adapter) and equivalents thereof.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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)(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.
Claims 1, 5-11 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schnieders et al. (US 2005/0288676).
Regarding claim 1, Schnieders et al. disclose a system of modular reamers and broaches configured to prepare a bone of a patient for one of a plurality of different implants, the system comprising a reamer (100/102) configured to ream a portion of the bone (¶60-61), the reamer including a cutting edge (see figure below) extending longitudinally; and a handle (the portion of the drill which couples to the cutting edge, ¶5 in view of ¶60) extending longitudinally and removably attached to the cutting edge, the handle configured to rotate the reamer about a central axis of the reamer; and a broach (20) configured to prepare a medullary cavity of the bone to prepare the bone to receive one of the plurality of different implants (figure 11), the broach including a stem (24) extending longitudinally and a plurality of different broach heads (22’s, figure 2), each of the plurality of different broach heads configured to prepare the medullary cavity for one of the plurality of different implants (¶32, ¶45).
Regarding claim 5, Schnieders et al. disclose the plurality of different implants includes a fracture implant, a limb salvage implant, or a revision implant (¶32, ¶45, if one so chooses to use the system with one of these functionally recited implants).
Regarding claim 6, Schnieders et al. disclose the plurality of different broach heads includes a fracture implant broach head, a limb salvage implant broach head, and a revision implant broach head (¶32, ¶45, if one so chooses to use the system with one of these functionally recited implants).
Regarding claim 7, Schnieders et al. disclose the stem of each of the plurality of different broaches tapers radially towards a central axis as the stem extends longitudinally away from a portion of the stem that attaches to the plurality of different broach heads (figures 2-3, 5).
Regarding claim 8, Schnieders et al. disclose a system for a modular broach and reamer configured to prepare a bone of a patient for a fracture imp]lant, a limb salvage implant, or a revision implant, the system comprising a plurality of different reamers (100, 102) configured to ream a portion of the bone, each reamer of the plurality of different reamers (¶60-61) including a cutting edge (see figure below) extending longitudinally; and a handle (the portion of the drill which couples to the cutting edge, ¶5 in view of ¶60) extending longitudinally and removably attached to the cuffing edge, the handle configured to rotate the reamer about a central axis of the reamer; and a plurality of different broaches (20’s figure 2) configured to prepare a medullary cavity of the bone to receive an implant (figure 11), each broach of the plurality of different broaches including a stem (24) extending longitudinally; and a plurality of different broach heads (22’s, figure 2), each of the plurality of different broach heads configured to prepare the medullary cavity to receive the fracture implant, the limb salvage implant, or the revision implant (¶31-32).
Regarding claim 9, Schnieders et al. disclose each reamer of the plurality of different reamers comprises different sizes from one another (¶60-61, ¶63).
Regarding claim 10, Schnieders et al. disclose each broach of the plurality of different broaches comprises different sizes from one another (¶45).
Regarding claim 11, Schnieders et al. disclose the size of each of the plurality of different reamers is determined by a diameter of the cutting edge (¶60-61), and the size of each of the plurality of different broaches is determined by a diameter of the stem (¶45).
Regarding claim 15, Schnieders et al. disclose the stem of each of the plurality of different broaches tapers radially towards a central axis as the stem extends longitudinally away from a portion of the stem that attaches to the plurality of different broaches (figures 2-3. 5).
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 4 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Schnieders et al. (US 2005/0288676).
Regarding claims 4 and 14, Schnieders et al. disclose each of the plurality of different reamers comprises an extension (see figure below) extending longitudinally between the cutting edge and the handle (figure 2) and removably attached to the cutting edge and the handle (can be connected and disconnected).
However, Schnieders et al. fail to expressly teach or disclose the extension including a plurality of markings, each of the plurality of markings indicative of a cutting depth of the reamer. Instead, Schnieders et al. teaches the use of a plurality of markings (30, figures 1-2, 4 ¶66) indicative of a depth of the cutting element (¶66).
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of filing to have constructed the extension to have a plurality of markings as taught on an alternative piece of the system of Schnieders et al. as the plurality of markings allow for visual alignment and confirmation of proper alignment of the tool relative to the bone canal in which it is being inserted into (¶66).
Claims 2 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Schnieders et al. (US 2005/0288676) in view of Borries et al. (US 2016/0074045). Regarding claims 2 and 12, Schnieders et al. disclose the claimed invention except for the cutting edge of the reamer comprises a plurality of indentations, each of the plurality of indentations indicative of a cutting depth of the reamer.
Borries et al. disclose a reamer (100) having a cutting edge (110) with a plurality of indentations (114, 116) each of the plurality of indentations indicative of a cutting depth of the reamer (¶47) which allow the user a visual indication of the depth of the hole drilled by the reamer (¶47).
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of filing to have constructed the cutting edge of the reamer of Schnieders et al. to have a plurality of indentations as taught by Borries et al. as the plurality of indentations allow the user a visual indication of the depth of the hole drilled by the reamer.
Claims 3 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Schnieders et al. (US 2005/0288676) in view of McLean et al. (US 2011/0112540).
Regarding claims 3 and 13, Schnieders et al. disclose the claimed invention including the handle having a plurality of markings (30’s) thereon, each of the plurality of markings indicative of a cutting depth of the reamer (¶66). However, Schnieders et al. fail to teach the handle of the reamer comprises a coupling mechanism, the coupling mechanism engagable with a tool to rotate the reamer about the central axis.
McLean et al. disclose a handle (40) of a reamer (14, figure 2) comprises a coupling mechanism (40, figure 2), the coupling mechanism engagable with a tool (“drill” via 50, ¶59) to rotate the reamer about the central axis (¶59) as it allows for quick and easy coupling of the handle to the reamer as well as the tool to rotate the reamer.
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of filing to have constructed the handle of the reamer to have a coupling mechanism as taught by McLean et al. as the coupling mechanism allows for quick and easy coupling of the handle to the reamer as well as the tool to rotate the reamer.
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW JAMES LAWSON whose telephone number is (571)270-7375. The examiner can normally be reached Mon - Fri 6:30-3:00.
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/MATTHEW J LAWSON/Primary Examiner, Art Unit 3619