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 .
Response to Amendment
This Office Action is responsive to the amendment filed on 18 November 2025. As directed by the amendment: claims 1, 4, 6-10, 12, 13, 15-17, and 19 have been amended. Claims 1-20 currently stand pending in the application.
The amendments to the claims are sufficient to overcome the previous drawing, specification, and claim objections, which are accordingly withdrawn.
Response to Arguments
Applicant's arguments filed 18 November 2025 with respect to the rejections under 35 U.S.C. 102(a)(1) and 35 U.S.C. 103 have been fully considered but they are not persuasive. As to Keefer et al. (US 8,961,521), Applicant contends that the tongue 578 (the reamer guide) is a distinct and separate component from the groove 274 (the reamer guide housing) such that the tongue is not “enclosed” in the groove, and that the tongue is slidable within the groove along the same longitudinal axis as a length of the tongue. Examiner respectfully submits that the term “enclosed” is not claimed. As to claim 19, Keefer discloses a reamer guide housing (274) having an enclosure (forming interior of 274; where an enclosure may be partially enclosed) and a reamer guide (578) configured to be positioned within the enclosure of the reamer guide housing (col. 24 / lines 4-15), FIG. 52. The reamer guide slides within the enclosure of the reamer guide housing, as also disclosed in the instant application; since the guide and housing are relatively slidable (in Keefer and in the instant application), they are distinct components, just as recited in the instant application. In other words, just because the reamer guide and the reamer guide housing are distinct and separate components, does not mean that in certain configurations they cannot interact with the reamer guide sliding in the enclosure of the reamer guide housing. When the reamer guide is slid into the reamer guide housing, it is at least partially enclosed, but again, this is not claimed. The reamer guide is slidable within the reamer guide housing along a first axis (axis along a length of 274 or 578) which is different than the second axis which is the axis of the shaft of 252 because the reamer shaft 252 is moveable along the second axis.
As to Matsubara (JP-5412334), Applicant contends that Matsubara fails to disclose the new limitations of claim 17. Examiner respectfully submits that Matsubara discloses a guide assembly having a housing (55) and a reamer guide (enlarged portion of reamer shaft disposed between 55A and 55B), the housing having a first end (at 55C), a second end (at open end), and a channel (space between 55A and 55B) located between the first and second ends, the channel being defined in part by opposing sidewalls (55A, 55B), a first axis (in direction along and between 55A/55B) passing through the first end, the second end, and each sidewall of the opposing sidewalls (at least as much as the instant application), the reamer guide being disposed within the channel and moveable therein along the first axis (in direction along 55A/55B) (par. [0052]; the reamer guide can slide toward 55C). The first axis passes through the ends of the housing because it extends along a length of the housing. Examiner references the rejection under 35 U.S.C. 112(a) below; the instant application does not disclose a first axis, along which the reamer guide is movable, that passes through the first end, the second end, and each sidewall of the opposing sidewalls, since the opposing sidewalls are parallel to the axis of movement. Therefore, Matsubara discloses the claimed limitations at least as much as the instant invention.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 8, 9, 12, 17, and 18 are rejected under 35 U.S.C. 112(a) as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
As to claim 8, the specification is silent as to the reamer guide housing includes housing rails at least partially defining the cavity (claim 8), in addition to sidewalls that at least partially define the cavity (claim 1). The specification recites the rails and the sidewalls interchangeably as 51a-b (par. [0073]).
As to claim 12, the specification is silent as to a locking pin that locks the reamer guide in a desired reaming position. The specification recites that the locking pin 55 prevents the reamer guide from falling out of the cavity while allowing for translation of the reamer guide within the cavity (par. [0074]).
As to claim 17, the specification is silent as to a first axis passing through the first end of the housing, the second end of the housing, and each sidewall of the opposing sidewalls of the channel, where the reamer guide is movable along the first axis. As shown in FIG. 1, the reamer guide 54 moves along the first axis between ends of the housing (moves along a length of the channel). This axis does not pass through the opposing sidewalls 51a,b of the channel, which are parallel to the axis.
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.
(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 1-4, 8, 10, 11, 14-16, 19, and 20 are rejected under 35 U.S.C. 102(a)(1) as anticipated by U.S. Patent No. US 8,961,521 to Keefer et al. (hereinafter, “Keefer”).
As to claim 1, Keefer discloses an acetabular wedge augment reaming tool, comprising: a scoop assembly having a scoop (276) configured to be received within an acetabulum, FIG. 51, and a scoop shaft (278) extending from the scoop (col. 24 / lines 4-15); an acetabular reamer assembly having a reamer head (258) and a reamer shaft (252) extending from the reamer head; and a tool guide comprising a reamer guide housing (274) including sidewalls (internal longitudinal sidewalls bounding and forming 274) that at least partially define a cavity (recess inside 274), and a reamer guide (578) positioned within the cavity of the reamer guide housing (when 578 is inserted into 274) and moveable along a first axis (axis along a length of 274) relative to the reamer guide housing (during insertion of 578 into 274), wherein, the reamer shaft of the acetabular reamer assembly is slidably connected to the reamer guide (via 258 and 274) such that it is moveable along a second axis (axis of shaft 252) relative to the reamer guide and the scoop shaft of the scoop assembly is connected to the reamer guide housing (via 550/578), wherein, moving the reamer guide along the first axis (as 578 enters 274) moves the reamer assembly closer to or further away from the scoop assembly (between the positions of FIGS. 51 and 52), and wherein the first axis is different than the second axis (the first axis along a length of 274 and the second axis of shaft 252 are offset from each other).
As to claim 2, Keefer discloses the acetabular wedge augment reaming tool of claim 1, wherein the scoop is modularly connected (made of distinguishable parts that are integrally connected) to a distal end (end of 278 facing and connected to 276) of the scoop shaft of the scoop assembly and the scoop assembly includes a housing shaft (550) connected to (via 578) and extending from the reamer guide housing (col. 24 / lines 4-15), the scoop shaft being received within the housing shaft so that the distal end of the scoop shaft extends from a distal end of the housing shaft (at least during assembly, when the scoop shaft is not fully seated in/slid into the housing shaft, part of the scoop shaft including the distal end at that part will extend longitudinally from a distal end of the housing shaft), FIGS. 46-49, 51, and 52.
As to claim 3, Keefer discloses the acetabular wedge augment reaming tool of claim 1, wherein the scoop further includes a semi-spherical exterior that defines an outer diameter and a semi-spherical cavity that defines an inner diameter, FIG. 51.
As to claim 4, Keefer discloses the acetabular wedge augment reaming tool of claim 1, wherein the scoop includes a rim (edge of curved part of 276) defining a perimeter (perimeter at flat side of 276) of the scoop that is interrupted by a cutout (hollow interior of 276 that interrupts the rim interiorly so that the rim is not thicker) and the scoop shaft is modularly connected (made of distinguishable parts that are integrally connected) to a first side (one face of the flat side of 276) of the scoop and the cutout is positioned at a second side (other face of the flat side of 276) of the scoop opposite the first side, FIG. 51.
As to claim 8, Keefer discloses the acetabular wedge augment reaming tool of claim 1, wherein the reamer guide housing includes housing rails (edges of sides of 274) at least partially defining the cavity within the reamer guide housing, FIGS. 50-51, the reamer guide being positioned within the cavity and engaging the housing rails from within the cavity of the reamer guide housing, FIG. 52.
As to claim 10, Keefer discloses the acetabular wedge augment reaming tool of claim 1, wherein the scoop has a convex exterior having a first diameter configured to correspond to a reamed diameter of the acetabulum (interpreted as language of intended use), FIG. 51.
As to claim 11, Keefer discloses the acetabular wedge augment reaming tool of claim 10, wherein the reamer head has a second diameter (interior diameter of 258) equal to the first diameter, FIG. 52.
As to claim 14, Keefer discloses the acetabular wedge augment reaming tool of claim 1, wherein the reamer head is spherical, FIG. 51, or planar.
As to claim 15, in another interpretation, Keefer discloses the acetabular wedge augment reaming tool of claim 1, further comprising a shim (550, 578, where the shim includes the reamer guide) positioned within the cavity of the reamer guide housing, FIG. 52, the shim being configured to limit movement of the reamer guide along the first axis (the shim limits movement of the reamer guide to only along the first axis).
As to claim 16, Keefer discloses the acetabular wedge augment reaming tool of claim 15, wherein the shim is sized such that when the shim is positioned within the cavity of the reamer guide housing to define a spacing between the scoop assembly and the acetabular reamer assembly, FIG. 52, operation of the scoop assembly and the acetabular reamer assembly on a bone surface is configured to produce surfaces sized to receive an acetabular wedge augment having a first predetermined size and an acetabular cup having a second predetermined size (interpreted as language of intended use; the assemblies are fully capable of producing surfaces as shown in FIG. 52 that are sized to receive an augment and a cup of the predetermined sizes based on the assemblies’ sizes).
As to claim 19, Keefer discloses a kit for an acetabular wedge augment reaming tool, comprising: a scoop assembly including a scoop (276) configured to be received within an acetabulum, FIG. 51, the scoop having a diameter corresponding to a diameter of an acetabular cup implant (interpreted as language of intended use; the scoop is fully capable of having a diameter corresponding to a diameter of an acetabular cup implant which can take the place of the scoop in the bone); an acetabular reamer assembly having a reamer head (258), the reamer head having a diameter corresponding to a diameter of an acetabular augment (interpreted as language of intended use; the reamer head is fully capable of having a diameter corresponding to a diameter of an acetabular augment which can be implanted after reaming); a tool guide comprising a reamer guide housing (274) having an enclosure (forming interior of 274; where an enclosure may be partially enclosed) and a reamer guide (578) configured to be positioned within the enclosure of the reamer guide housing (col. 24 / lines 4-15), FIG. 52; and a plurality of shims (550, 578, where the shim includes the reamer guide; in addition or alternatively, the shim can include one 550/578 of one shim used at the same time as another shim, where the another shim comprises the reamer guide; col. 24 / lines 28-32), each shim being configured to be positioned within the enclosure of the reamer guide housing, FIG. 52, and each shim being configured to limit movement of the reamer guide within the reamer guide housing (the shim limits movement of the reamer guide to only within the reamer guide housing), wherein the scoop assembly and the acetabular reamer assembly are adapted for operative connection to the tool guide (integrally or as parts of the operative whole) along with a first shim of the plurality of shims such that the first shim is disposed between the scoop assembly and the acetabular reamer assembly, FIG. 52.
As to claim 20, Keefer discloses the kit of claim 19, wherein the reamer guide is slidable within the reamer guide housing such that a second shim of the plurality of shims having a different size than the first shim is disposable between the scoop assembly and the acetabular reamer assembly (where a different shim of the numerous different thicknesses is chosen and comprises the reamer guide, or the reamer guide of the first shim is slid out of the reamer guide housing to allow the second shim to be inserted between the scoop assembly and the acetabular reamer assembly; col. 24 / lines 28-32).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 3, 4, 6-8, 10, 14, 17, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over JP-5412334 to Matsubara (see attached Machine Translation, “MT”) in view of U.S. Patent No. 5,919,195 to Wilson et al. (hereinafter, “Wilson”).
As to claim 1, Matsubara discloses an acetabular wedge augment reaming tool (interpreted as language of intended use), comprising: a scoop assembly having a scoop (20; due to its concave end), FIG. 7, configured to be received within an acetabulum (interpreted as language of intended use; the scoop is fully capable of being received within an acetabulum since its smaller relative size means that it can be tilted into/at least partially fit in the acetabulum) and a scoop shaft (41) extending from the scoop, FIG. 7; an acetabular reamer assembly having a reamer head (52) and a reamer shaft (shaft portion connected to reamer head 52) extending from the reamer head, FIG. 7; and a tool guide comprising a reamer guide housing (55) including sidewalls (55A, 55B) that at least partially define a cavity (space between 55A and 55B), and a reamer guide (enlarged portion of reamer shaft disposed between 55A and 55B) positioned within the cavity of the reamer guide housing and moveable along a first axis (in direction along 55A/55B) relative to the reamer guide housing (“MT,” par. [0052]), wherein, the scoop shaft of the scoop assembly is connected to the reamer guide housing (par. [0053]), wherein, moving the reamer guide along the first axis moves the reamer assembly closer to or further away from the scoop assembly (par. [0052]).
As to claim 3, Matsubara discloses the acetabular wedge augment reaming tool of claim 1, wherein the scoop further includes a semi-spherical exterior that defines an outer diameter and a semi-spherical cavity that defines an inner diameter, FIG. 7.
As to claim 4, Matsubara discloses the acetabular wedge augment reaming tool of claim 1, wherein the scoop includes a rim (edge of curved part of 20) defining a perimeter (perimeter at straight sides) of the scoop that is interrupted by a cutout (cutout that results in the curved part of 20 not being a full circle) and the scoop shaft is modularly connected to a first side (on the right in FIG. 7) of the scoop and the cutout is positioned at a second side (on the left in FIG. 7) of the scoop opposite the first side.
As to claim 6, Matsubara discloses the acetabular wedge augment reaming tool of claim 1, further comprising a handle assembly having a handle (56) and a handle shaft (smaller diameter portion between 56 and 51) connected to the reamer guide housing (via the reamer guide), wherein the handle assembly extends proximally from the reamer guide housing at an angled offset, FIGS. 7-8.
As to claim 7, Matsubara discloses the acetabular wedge augment reaming tool of claim 1, wherein the reamer shaft includes a mechanical stop (enlarged portion of the shaft distal to 55A,55B) positioned along a length thereof and configured to limit sliding movement thereof (at least proximally).
As to claim 8, Matsubara discloses the acetabular wedge augment reaming tool of claim 1, wherein the reamer guide housing includes housing rails (edges of 55A,55B) at least partially defining the cavity (space between 55A and 55B) within the reamer guide housing, the reamer guide being positioned within the cavity and engaging the housing rails from within the cavity of the reamer guide housing (par. [0052]), FIG. 7.
As to claim 10, Matsubara discloses the acetabular wedge augment reaming tool of claim 1, wherein the scoop has a convex exterior (on the right in FIG. 7) having a first diameter configured to correspond to a reamed diameter of the acetabulum (interpreted as language of intended use; a diameter of the convex exterior is fully capable of corresponding to a reamed diameter of an acetabulum since the term correspond means to be in agreement or similar to, and the diameter of the convex exterior can be in agreement/complementary or similar to a reamed diameter of any acetabulum of the same size, or the diameter of the convex exterior corresponds to/is similar to/is the same as a diameter of a portion of the acetabulum).
As to claim 14, Matsubara discloses the acetabular wedge augment reaming tool of claim 1, wherein the reamer head is spherical, FIG. 7, or planar.
Matsubara is silent as to the reamer shaft of the acetabular reamer assembly is slidably connected to the reamer guide such that it is moveable along a second axis relative to the reamer guide, and wherein the first axis is different than the second axis (claim 1); the mechanical stop configured to limit sliding movement relative to the reamer guide (claim 7).
Wilson teaches a scoop assembly having a scoop (113) configured to be received within an acetabulum, FIG. 4A, and a scoop shaft (108) extending from the scoop; an acetabular reamer assembly having a reamer head (106) and a reamer shaft (104) extending from the reamer head; and a tool guide comprising a reamer guide housing (110) and a reamer guide (132), wherein, the reamer shaft of the acetabular reamer assembly is slidably connected to the reamer guide such that it is moveable along a second axis (of the reamer shaft) relative to the reamer guide (col. 5 / lines 51-57, col. 8 / lines 53-56), FIGS. 4A-4B, and the scoop shaft of the scoop assembly is connected to the reamer guide housing. Wilson teaches the reamer shaft includes a mechanical stop (144) positioned along a length thereof and configured to limit sliding movement thereof (at least distally) relative to the reamer guide (col. 8 / lines 58-60).
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Matsubara such that the reamer shaft is slidably connected to the reamer guide as taught by Wilson in order for the reamer head to move distally into contact with the bone, as required by both Matsubara and Wilson, instead of the reamer guide housing moving distally relative to the scoop shaft, by attaching the reamer guide housing to the scoop shaft and separating the reamer shaft from the reamer guide such that the reamer shaft is slidable within the reamer guide, since separating the reamer shaft from the reamer guide comprises constructing a formerly integral structure in various elements which involves only routine skill in the art, and causing the reamer shaft to slide instead of the reamer guide housing is a reversal of function of the essential working parts of a device which involves only routine skill in the art, and since Wilson teaches that distal movement of the reamer shaft can be used to advance the reamer head into a reaming position against the bone. The reamer guide would still slide along the first axis relative to the reamer guide housing as required by Matsubara. The first axis along 55A/55B is different than the second axis of the reamer shaft. It also would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a mechanical stop on the reamer shaft proximal to the reamer guide to limit sliding of the reamer shaft therein in a distal direction, in order to form a cavity with a precise depth and to prevent the reamer shaft and reamer head from being pushed too far distally and over-reaming the bone.
As to claim 17, Matsubara discloses a reaming tool, FIG. 7, comprising: a guide assembly having a housing (55) and a reamer guide (enlarged portion of reamer shaft disposed between 55A and 55B), the housing having a first end (at 55C), a second end (at open end), and a channel (space between 55A and 55B) located between the first and second ends, the channel being defined in part by opposing sidewalls (55A, 55B), a first axis (in direction along and between 55A/55B) passing through the first end, the second end, and each sidewall of the opposing sidewalls (at least as much as the instant application), the reamer guide being disposed within the channel and moveable therein along the first axis (in direction along 55A/55B) (par. [0052]); a reaming assembly having a reamer head (52) and a reamer shaft (shaft portion connected to reamer head 52) extending from the reamer head, an elongate dimension of the reamer shaft extending along a second axis (axis of the reamer shaft) and being coupled to the reamer guide (at least integrally); and an indexing assembly having an indexing head (20) configured to be received within a bone void (interpreted as language of intended use; fully capable of being received within a bone void such as the void adjacent the acetabular rim) and an indexing shaft (41) extending from the indexing head, an elongate dimension of the indexing shaft extending along a third axis (axis of 41) and being coupled to the housing (par. [0054]), wherein moving the reamer guide along the first axis from a first position to a second position (toward or away from 55C) moves the reaming assembly relative to the indexing assembly, and wherein the second and third axes are parallel in the first and second positions, FIGS. 7-8.
As to claim 18, Matsubara discloses the reaming tool of claim 17, wherein the first axis is perpendicular to the second and third axes, FIGS. 7-8.
Assuming arguendo, Matsubara is silent as to the first axis passing through each sidewall of the opposing sidewalls.
Wilson teaches a guide assembly, FIG. 4A, having a housing (110) and a reamer guide (132); a reaming assembly having a reamer head (106) and a reamer shaft (104) extending from the reamer head, an elongate dimension of the reamer shaft extending along a second axis and being coupled to the reamer guide (col. 5 / lines 51-57, col. 8 / lines 53-56), FIGS. 4A-4B; and an indexing assembly having an indexing head (113) configured to be received within a bone void and an indexing shaft (108) extending from the indexing head, an elongate dimension of the indexing shaft extending along a third axis and being coupled to the housing.
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Matsubara such that the reamer shaft is slidably connected to the reamer guide as taught by Wilson in order for the reamer head to move distally into contact with the bone, as required by both Matsubara and Wilson, instead of the reamer guide housing moving distally relative to the scoop shaft, by attaching the reamer guide housing to the scoop shaft and separating the reamer shaft from the reamer guide such that the reamer shaft is slidable within the reamer guide, since separating the reamer shaft from the reamer guide comprises constructing a formerly integral structure in various elements which involves only routine skill in the art, and causing the reamer shaft to slide instead of the reamer guide housing is a reversal of function of the essential working parts of a device which involves only routine skill in the art, and since Wilson teaches that distal movement of the reamer shaft can be used to advance the reamer head into a reaming position against the bone. The reamer guide would still slide along the first axis relative to the reamer guide housing as required by Matsubara. It also would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to enclose the channel in the housing on all four sides, to prevent the reamer guide from fully sliding out of the channel. As taught by Wilson, the reaming assembly may be assembled so as to be positioned through a circumferentially enclosed reamer guide, while allowing sliding of the reamer shaft along the second axis, and similarly the reamer guide can be assembled so as to be positioned through a circumferentially enclosed housing in Matsubara, while allowing sliding of the reamer guide toward and away from the indexing assembly along the first axis within the enclosed channel. Then, the opposing sidewalls through which the first axis passes would be interpreted as 55C and the wall opposite 55C that is added to enclose the channel. The first and second ends are the ends of the housing at 55C and the wall opposite 55C in order for the first axis to pass through them all.
Claims 12 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over JP-5412334 to Matsubara in view of Wilson (hereinafter, “Matsubara/Wilson”), as applied to claims 1, 3, 4, 6-8, 10, and 14 above, and further in view of U.S. Patent No. 2,697,433 to Zehnder.
Matsubara/Wilson are silent as to wherein a locking pin is configured on a first side of the reamer guide housing and locks the reamer guide in a desired reaming position (claim 12); wherein a reamer guide knob is positioned on a second side of the reamer guide housing and is moveable from a first position in which the reamer guide is moveable relative to the reamer guide housing to a second position in which the reamer guide knob locks the reamer guide in a desired reaming position (claim 13).
Zehnder teaches a guide housing (55) and a guide (44) that is movable relative to the guide housing; wherein a locking pin (70; a pin because it pins the guide in place) is configured on a first side of the guide housing, FIG. 2, and locks the guide in a desired position (col. 3 / lines 17-28); wherein a guide knob (69) is positioned on a second side of the guide housing and is moveable from a first position in which the guide is moveable relative to the guide housing to a second position (tightened) in which the guide knob locks the guide in a desired position.
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include in Matsubara/Wilson a locking pin above the reamer guide housing and a guide knob below the reamer guide housing, with both threaded onto opposite ends of the reamer guide, as taught by Zehnder, so that the guide knob and locking pin can be tightened against the guide housing when the reamer guide has reached the desired position along the first axis to lock the reamer guide firmly in the desired position for subsequent reaming without accidentally dislodging the position of the reamer guide (and reamer shaft therein) which could result in reaming in an undesired area.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over JP-5412334 to Matsubara in view of Wilson (hereinafter, “Matsubara/Wilson”), as applied to claims 1, 3, 4, 6-8, 10, and 14 above, and further in view of U.S. Patent No. US 8,048,166 to Brown et al. (hereinafter, “Brown”).
Matsubara/Wilson are silent as to further comprising an adjustment knob and a threaded shaft extending from the adjustment knob into the cavity of the reamer guide housing and engaging the reamer guide such that rotation of the adjustment knob slides the reamer guide along the housing rails and along the first axis.
Brown teaches an adjustment knob (head of 124) and a threaded shaft (shaft of 124) extending from the adjustment knob into a cavity (negative space between 104 and 120) of a housing, FIG. 14, and engaging a guide (126) such that rotation of the adjustment knob slides the guide along a first axis (col. 6 / line 62 – col. 7 / line 24).
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include in Matsubara/Wilson an adjustment knob and a threaded shaft extending from the adjustment knob, as taught by Brown, into the cavity of the reamer guide housing and engaging the reamer guide such that rotation of the adjustment knob slides the reamer guide along the housing rails and along the first axis, since Brown teaches that such a worm drive allows for incrementally adjustable sliding of one part within another part, which would enable the reamer guide in Matsubara/Wilson to be moved with precision into a highly accurate reaming position relative to the reamer guide housing along the first axis. The threaded shaft would extend through, for example, the side 55C of the reamer guide housing and into a side of the reamer guide to pull or push the reamer guide relative to the side 55C, therefore also positioning the reamer shaft and reamer head relative to the scoop assembly.
Allowable Subject Matter
Claim 5 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
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 TRACY L KAMIKAWA whose telephone number is (571)270-7276. The examiner can normally be reached M-F 10:00-6:30 PM.
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/TRACY L KAMIKAWA/Examiner, Art Unit 3775