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 .
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.
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 and 11-16 are rejected under 35 USC 102(a)(1) as being anticipated by Davidson (US Pub No. 5152794A).
Regarding claim 1, Davidson discloses a femoral stem implant (Fig.2), comprising: an implant body including a neck (Fig.1, 4, [column 6, line 51-54]) and a shaft (Fig.1, stem 2, [column 6, line 43-45]), the shaft comprising a proximal end portion (top portion of 2, see annotated Fig.2 below), a distal end portion (bottom portion of 2, see annotated Fig.2 below), a cranial or anterior aspect (see annotated Fig.2 below), a caudal or posterior aspect (see annotated Fig.2 below), a medial aspect (see annotated Fig.2 below), and a lateral aspect (see annotated Fig.2 below); a porous structure (Fig.1, 12, [column 6, line 46-49]) extending circumferentially around the shaft from the cranial or anterior aspect (see annotated Fig.2 below), across the medial aspect (see annotated Fig.2 below), and across the caudal or anterior aspect (see annotated Fig.2 below); and wherein at least a portion of the lateral aspect of the shaft comprises a solid reinforcement portion (see annotated Fig.2 below) that is at least partially bordered by the porous structure (Fig.1, 12, [column 6, line 46-49]).
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Annotated Figure 2
Regarding claim 2, Davidson discloses the femoral stem implant (Fig.2) of claim 1, wherein the proximal end portion (top portion of 2, see annotated Fig.2 above) comprises a solid proximal surface (Fig.2, [column 6, line 51-6]), and the reinforcement portion (see annotated Fig.2 above, [column 6, line 51-63]) extends proximally through the porous structure (Fig.1, 12, [column 6, line 46-49]) to the proximal surface of the proximal end portion (top portion of 2, see annotated Fig.2 above).
Regarding claim 3, Davidson discloses the femoral stem implant (Fig.2) of claim 1, wherein the reinforcement portion (Fig.1, [column 6, line 51-63]) comprises a solid, machined exterior surface (Fig.2, [column 6, line 51- 66]).
Regarding claim 4, Davidson discloses the femoral stem implant (Fig.2) of claim 1, wherein the reinforcement portion (Fig.1, [column 6, line 51-63]) is bordered on its cranial or anterior longitudinal edge by the porous structure (see annotated Fig.2 above) and bordered on its caudal or posterior longitudinal edge by the porous structure (see annotated Fig.2 above).
Regarding claim 5, Davidson discloses the femoral stem implant (Fig.2) of claim 1, wherein a proximal edge of the reinforcement portion (Fig.2, [column 6, line 51-63]) is bordered by the porous surface (see annotated Fig.2 above).
Regarding claim 11, Davidson discloses, the femoral stem implant (Fig.2) of claim 1, wherein the femoral stem implant comprises a solid substrate on which the porous structure is formed (Fig.1, [column 6, line 46-49]), and the reinforcement portion (Fig.1, [column 6, line 51-63]) is a part of the solid substrate and extends outwardly from the solid substrate and proximally through the porous structure (see annotated Fig.2 above).
Regarding claim 12, Davidson discloses a femoral stem implant (Fig.2), comprising: an implant body including a neck (Fig.1, 4, [column 6, line 51-54]) and a shaft (Fig.1, stem 2, [column 6, line 43-45]), the shaft comprising a proximal end portion (top portion of 2, see annotated Fig.2 above), a distal end portion (bottom portion of 2, see annotated Fig.2 above), a cranial or anterior aspect (see annotated Fig.2 above), a caudal or posterior aspect (see annotated Fig.2 above), a medial aspect (see annotated fig.2 above), and a lateral aspect (see annotated Fig.2); the implant body comprising a solid substrate (Fig.2, [column 6, line 54-56]) and a porous structure (12; Fig.1, [column 6, line 46-49)] formed on the solid substrate, the porous structure extending circumferentially around the shaft from the cranial or anterior aspect (see annotated Fig.2 above), across the medial aspect (see annotated Fig.2 above), and across the caudal or posterior aspect (see annotated Fig.2 above); and a reinforcement portion on the lateral aspect of the shaft (see annotated Fig.2 above), wherein the reinforcement portion (Fig.1, [column 6, line 51-63]) is a part of the solid substrate of the implant body and extends outwardly from the solid substrate and proximally through the porous structure (12; Fig.1, [column 6, line 46-49]) such that longitudinal edges of the reinforcement portion are bordered by the porous structure (see annotated Fig.2 above).
Regarding claim 13, Davidson discloses the femoral stem implant (Fig.2) of claim 12, wherein the proximal end portion (see annotated Fig.2 above) comprises a solid proximal surface (Fig.2, [column 6, [line 51-63]), and the reinforcement portion (see annotated Fig.2 above, [column 6, line 51-63]) extends proximally through the porous structure (12; Fig.1, [column 6, line 46-49]) to the proximal surface of the proximal end portion (see annotated Fig. 2 above).
Regarding claim 14, Davidson discloses the femoral stem implant (Fig.2) of claim 12, wherein the reinforcement portion (Fig.1, [column 6, line 51-63]) comprises a solid, machined exterior surface (Fig.2, [column 6, line 51-66]).
Regarding claim 15, Davidson discloses the femoral stem implant (Fig.2) of claim 12, wherein the reinforcement portion (see annotated Fig.2 above, [column 6, line 51-63]) is bordered on its cranial or anterior longitudinal edge by the porous structure (see annotated Fig.2 above, [column 6, line 46-49]).
Regarding claim 16, Davidson discloses the femoral stem implant (Fig.2) of claim 12, wherein the proximal edge of the reinforcement portion (see annotated Fig.2 above, [column 6, line 51-63]) is bordered by the porous surface (Fig.1, [column 6, line 46-49]).
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 6-10 and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Davidson, as applied to claims 1 and 12 above, and further in view of Sidebotham (US Pub No. 20190254828A1).
Regarding claim 6, Davidson discloses the claimed invention except for a bore aligned with an axis of the neck, the bore comprising an opening defined on the lateral aspect of the shaft. Sidebotham also discloses a femoral stem implant including a neck and shaft (see Fig.9). Sidebotham teaches a bore (150) aligned with an axis of the neck (Fig.9), the bore (150) comprising an opening defined on the lateral aspect of the shaft (see annotated Fig.9 below). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have provided Davidson’s femoral stem implant with a bore aligned with an axis of the neck, the bore comprising an opening defined on the lateral aspect of the shaft, as taught by Sidebotham, in order to provide a means for inserting a locking member to affix the stem to the femur (see par. [0049]).
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Annotated Fig.9
Regarding claim 7, Davidson as modified by Sidebotham discloses the femoral stem implant of claim 6, wherein the reinforcement portion surrounds the opening of the bore on the lateral aspect of the shaft as modified (see annotated Fig.2 of Davidson for the reinforcement portion which is positioned to surround Sidebotham’s opening illustrated in annotated Fig.9 above).
Regarding claim 8, Davidson as modified by Sidebotham the femoral stem implant of claim 7, wherein the reinforcement portion comprises a rib that extends distally from the opening of the bore to a solid portion of the distal end portion of the shaft (see annotated Fig.2 of Davidson for the rib of reinforcement portion which is positioned to extend distally from Sidebotham’s opening illustrated in annotated Fig.9 above).
Regarding claim 9, Davidson as modified by Sidebotham discloses the femoral stem implant of claim 7, wherein the reinforcement portion comprises a rib that extends proximally from the bore to a solid proximal surface of the shaft (see annotated Fig.2 of Davidson for the rib of the reinforcement portion which is positioned to extend proximally from Sidebotham’s opening illustrated in annotated Fig.9 above).
Regarding claim 10, Davidson as modified by Sidebotham discloses the femoral stem implant of claim 7, wherein the reinforcement portion is an island of solid material around the opening of the bore (see annotated Fig.2 of Davidson for the reinforcement portion which is positioned to surround Sidebotham’s opening illustrated in annotated Fig.9 above), and the reinforcement portion is surrounded by the porous structure (see annotated Fig.2 of Davidson).
Regarding claim 17, Davidson discloses the claimed invention except for a bore aligned with an axis of the neck, the bore comprising an opening defined on the lateral aspect of the shaft. Sidebotham also discloses a femoral stem implant including a neck and a shaft (see Fig.9). Sidebotham teaches a bore (150) aligned with an axis of the neck (Fig.9), the bore (150) comprising an opening defined on the lateral aspect of the shaft (see annotated Fig.9 below). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have provided Davidson’s femoral stem implant with a bore aligned with an axis of the neck, the bore comprising an opening defined on the lateral aspect of the shaft, as taught by Sidebotham, in order to provide a means for inserting a locking member to affix the stem to the femur (see par. [0049]). Davidson as modified by Sidebotham discloses the reinforcement portion surrounds the opening of the bore on the lateral aspect of the shaft (see annotated Fig.2 of Davidson for the reinforcement portion which is positioned to surround Sidebotham’s opening illustrated in annotated Fig.9 above).
Regarding claim 18, Sidebotham discloses the femoral stem implant of claim 17, wherein the reinforcement portion comprises a rib that extends distally from the opening of the bore to a solid portion of the distal portion of the shaft (see annotated Fig.2 of Davidson for the rib of the reinforcement portion which is positioned to extend distally from Sidebotham’s opening illustrated in annotated Fig.9 above).
Regarding claim 19, Sidebotham discloses the femoral stem implant (Fig.1, prosthetic femoral component (30), par. [0036]) of claim 17, wherein the reinforcement portion comprises a rib that extends proximally from the opening of the bore to a solid proximal surface of the shaft (see annotated Fig.2 of Davidson for the rib of the reinforcement portion which is positioned to extend proximally from Sidebotham’s opening illustrated in annotated Fig.9 above).
Regarding claim 20, Sidebotham discloses the femoral stem implant of claim 17, wherein the reinforcement portion is an island of solid material around the opening of the bore (see annotated Fig.2 of Davidson for the reinforcement portion which is positioned to surround Sidebotham’s opening illustrated in annotated Fig.9 above), and the reinforcement portion is surrounded by the porous structure (see annotated Fig.2 of Davidson).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAEGAN CROWE whose telephone number is (571)-272-9790. The examiner can normally be reached from 8:00 AM – 5:00 PM.
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/Raegan Crowe/
Patent Examiner
Art Unit 3774
3/17/2026
/MELANIE R TYSON/Supervisory Patent Examiner, Art Unit 3774
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