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 Arguments
Applicant’s arguments, see page 6, filed 07/22/2026, with respect to the rejection(s) of claim(s) 1, 6, 7, and 11 under USC 102(a)(1) have been fully considered and are persuasive in part. Applicant amended independent claim 1 to recite wherein the male connector comprises raised, tapered ribs on an exterior surface thereof, a tapered hole, and a tapered pin receivable in the tapered hole; wherein the female connector comprises recessed, tapered channels on an interior surface thereof, the recessed, tapered channels being complementary to the raised, tapered ribs of the male connector, wherein said male connector and said female connector mate together to form a rigid connection by engagement of the raised, tapered ribs with the recessed, tapered channels. Applicant argues that Beerens’ fails to disclose these limitations, and the examiner agrees. Therefore, the rejection has been withdrawn. Regarding claim 11, applicant argues that claim 11 recites said prosthesis component is selected from the group consisting of a body-powered elbow, an externally powered elbow, a passive elbow and a quick disconnect fitting, and are enabled for attachment of various terminal devices including a swim paddle, and is a positive Markush recitation. The examiner disagrees as the prosthesis is not positively recited in the claim and the connector only has to be capable of attaching to a prosthesis. However, upon further consideration, a new ground(s) of rejection is made in view of Beerens et al. (US PG Pub No. 2020/0368041 A1) and Penner et al. (US PG Pub No. 2024/0115392 A1).
Applicant's arguments filed 07/22/2026, with respect to 35 USC 103 rejections of claims 2, 4, 5, and 8-10 have been fully considered but they are not persuasive.
Applicant argues that Beerens and Penner are directed to different technologies. The present application is directed to a connector for osseointegration and is external to the body. In external prosthetics, all parts are interchangeable and can include parts from internal prosthetics and implants. Beerens is directed to an adaptor for mounting a prosthesis and Penner is directed to a prosthetic coupling system (Paragraph [0003]), therefore a person of ordinary skill in the art would look to Penner to modify Beerens as all parts are interchangeable in external prosthetics.
Applicant further argues that the raised, tapered ribs on an exterior surface of a male connector or recessed, tapered channels on an interior surface of a female connector are not taught by Beerens in view of Penner. However, it is the examiners position that Beerens as modified by Penner does teach raised, tapered ribs on an exterior surface of a male connector or recessed, tapered channels on an interior surface of a female connector. Penner states that other engagement elements can be used instead of the rails or shelf, covering the raised, tapered ribs and recessed, tapered channels (Paragraph [0063]). The rails of Penner have the same function to engage the male and female components in a rigid connection as claimed.
Applicant further argues that Beerens’ frictional bush locking adaptor cannot be modified by the dovetail coupling of Penner in order to for a rigid connection. It is the examiners position that the dovetail coupling can modify the rigid connection of Beerens’ because all parts are interchangeable in external prosthetics. The rigid connection is directed to the engagement of the male and female components. Penner teaches wherein said male connector and said female connector mate together to form a rigid connection by engagement of the raised, tapered ribs with the recessed, tapered channels (Paragraph [0063], dovetail coupling, Paragraph [0067], securing/locking mechanism).
Applicant further argues that Beerens does not teach a female connector, but that it is only a female part. It is the examiners position that Beerens does teach a female connector (Fig. 1, female part 26) that is sized, shaped, and configured to attach to a prosthesis component (via 42; Paragraph [0061]) as claimed.
Applicant's arguments filed 07/22/2026, with respect to 35 USC 103 rejections of claims 3 and 12-18 have been fully considered but they are not persuasive.
Applicant argues that Fauth is a bone screw and therefore cannot be used to modify the tapered pin in Beerens as modified by Penner. Applicant further argues that Beerens, Penner, and Fauth are from three distinct technologies. However, it is the examiners position that one having ordinary skill in the art would look to Beerens, Penner, and Fauth because in external prosthetics, all parts are interchangeable and can include parts from internal prosthetics and implants.
Applicant further argues that claim 12 recites “said tapered pin includes a male thread, a head, a gripping surface, and a rectangular slot” and “said upper extremity implant includes an implant abutment, a threaded distal abutment end, a slot, and a cone. It is the examiners position that Beerens as modified by Penner and Fauth teaches said tapered pin (300) includes a male thread (Fig. 3, helical thread 310), a head (Fig. 3, head 304), a gripping surface (Fig. 3, head 304 or neck 308), and a rectangular slot (Paragraph [0121], “torque connection interface” and Fig. 6A illustrating a similar slot that is rectangular) and that Beerens does teach wherein said upper extremity implant (Paragraph [0038], “pin 1 protrudes from a body part”) includes an implant abutment (Fig. 1, pin 1), a threaded distal abutment end (Paragraph [0040], pin 1, screw thread), a slot (Fig. 1, pin 1, Alignment recess 2), and a cone (Paragraph [0038], Fig. 1, pin 1 “tapered end”).
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 1-2 and 4-11 are rejected under 35 U.S.C. 103 as being unpatentable over Beerens et al. (US PG Pub No. 2020/0368041 A1) in view of Penner et al. (US PG Pub No. 2024/0115392 A1).
Regarding claim 1, Beerens discloses a connection device (Fig. 1; adapter), for attaching an implant to a prosthesis (Paragraph [0001]), comprising: a male connector (Fig. 1, male body 3) sized, shaped, and configured to attach to an upper extremity implant (attaches to pin 1); and a female connector (Fig. 1, female part 26) sized, shaped, and configured to attach to a prosthesis component (via 42; Paragraph [0061]), wherein when said male connector (3) is attached to said upper extremity implant and said female connector (26) is attached to said prosthesis component, a rigid connection is made between said prosthesis component and said upper extremity implant (Paragraph [0007]; Fig. 1).
Beerens fails to disclose wherein the male connector comprises raised, tapered ribs on an exterior surface thereof, a tapered hole, and a tapered pin receivable in the tapered hole; wherein the female connector comprises recessed, tapered channels on an interior surface thereof, the recessed, tapered channels being complementary to the raised, tapered ribs of the male connector, wherein said male connector and said female connector mate together to form a rigid connection by engagement of the raised, tapered ribs with the recessed, tapered channels.
Penner also discloses a connection device (system 200) comprising a male component (Fig. 14, component 260) and a female component (Fig. 14, component 270). Penner teaches wherein the male connector (Fig. 14, component 260) comprises raised, tapered ribs on an exterior surface thereof (Fig. 14, rails 222a and 224a, see annotated Fig. 11 below), a tapered hole (Paragraph [0064], Fig. 11, securing mechanism 232a, see annotated Fig. 11 below), and a tapered pin (Paragraph [0064], Fig. 11, locking mechanism 234a, see annotated Fig. 11 below) receivable in the tapered hole (see annotated Fig. 11 below); wherein the female connector (Fig. 14, component 270) comprises recessed, tapered channels on an interior surface thereof (Fig. 14, rails 222b and 224b, see annotated Fig. 14 below), the recessed, tapered channels being complementary to the raised, tapered ribs of the male connector (Fig. 11 and Fig. 14), wherein said male connector and said female connector mate together to form a rigid connection by engagement of the raised, tapered ribs with the recessed, tapered channels (Paragraph [0063], dovetail coupling, Paragraph [0067], securing/locking mechanism). 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 modified Beerens’ connection device wherein the male connector comprises raised, tapered ribs on an exterior surface thereof, a tapered hole, and a tapered pin receivable in the tapered hole; wherein the female connector comprises recessed, tapered channels on an interior surface thereof, the recessed, tapered channels being complementary to the raised, tapered ribs of the male connector, and a rigid connection is made between said prosthesis component and said upper extremity implant by engagement of the raised, tapered ribs with the recessed, tapered channels, as taught by Penner, in order to strengthen the rigid connection between the male and female components (Paragraph [0063], dovetail coupling, Paragraph [0067], securing/locking mechanism).
PNG
media_image1.png
764
666
media_image1.png
Greyscale
PNG
media_image2.png
609
634
media_image2.png
Greyscale
Regarding claim 2, Beerens as modified by Penner discloses wherein said male connector (Fig. 1, male body 3) attached to said upper extremity implant (Fig. 1, at pin 1) further comprises a proximal interior (Fig. 2, first part 8), a threaded distal end (Fig. 1), a proximal exterior (Fig. 2), a mounting bolt (Fig. 1, bolt 6), and a hole (Fig. 1, opening 14). Beerens fails to disclose where said male connector (3) further comprises a set screw.
Penner teaches the male component (260) further comprises a set screw (Paragraph [0067], Fig. 14, locking mechanism 234c, see annotated Fig. 11 above). 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 modified Beerens’ connection device wherein said male connector further comprises a set screw, as taught by Penner, in order to form a rigid connection between the male and female components (Paragraph [0067], securing/locking mechanism).
Regarding claim 4, Beerens as modified by Penner discloses wherein said threaded distal end (see Fig. 1) of said male connector (3) embodies various portions shaped to enable connection to said female connector (Fig. 1, female part 26).
Regarding claim 5, Beerens discloses wherein said female connector (26) attached to said prosthesis component (via 42) further comprises a proximal interior (Fig. 4, bottom wall 49), a female thread (Fig. 1, guiding tracks 31), and a distal end (Fig. 1). Beerens fails to disclose wherein said female connector (26) further comprises a tapered hole.
Penner teaches wherein said female connector (270) further comprises a tapered hole (Fig. 14, channel 230b, see annotated Fig. 14 above). 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 modified Beerens’ connection device wherein said female connector further comprises a tapered hole, as taught by Penner, in order to form a rigid connection between the male and female components (Paragraph [0063], dovetail coupling).
Regarding claim 6, Beerens as modified by Penner discloses wherein said upper extremity implant includes an implant abutment (Fig. 1, top of pin 1), a threaded distal abutment end (Paragraph [0068], threaded internal end of 1), a slot (Fig. 1, pin 1, Alignment recess 2), and a cone (Fig. 1, bottom of pin 1 is tapered forming a cone shape).
Regarding claim 7, Beerens as modified by Penner discloses wherein said distal end of said female connector (26) embodies various portions (Fig. 1, adapter plate 42) shaped to enable connection to said prosthesis component (Paragraph [0061]).
Regarding claim 8, Beerens as modified by Penner fails to disclose wherein said male connector (3) further comprises at least a plurality of raised, tapered ribs and at least a plurality of recessed, tapered channels. Penner further teaches wherein said male connector (260) comprises at least a plurality of raised, tapered ribs (Fig. 14, rails 222a and 224a, see annotated Fig. 11 above), and at least a plurality of recessed, tapered channels (Fig. 14, rails 222a and 224a, see annotated Fig. 11 above). 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 modified Beerens’ connection device wherein said male connector further comprises at least a plurality of raised, tapered ribs and at least a plurality of recessed, tapered channels, as taught by Penner, in order to form a rigid connection between the male and female components (Paragraph [0063], dovetail coupling).
Regarding claim 9, Beerens as modified by Penner discloses the connection device of claim 8, further comprising an adaptor (Fig. 1, ring assembly 27) sized, shaped, and configured to attach said male connector (3; see Fig. 1 and Paragraph [0049]).
Regarding claim 10, Beerens as modified by Penner discloses wherein a threaded distal end (Fig. 1, first rings 28) of said adaptor (27) embodies various portions shaped to enable connection to said female connector (26; Paragraph [0050]).
Regarding claim 11, Beerens as modified by Penner discloses the connection device of claim 7, wherein said female connector (26) is sized, shaped, and configured to connect to said prosthesis component (via 42; Paragraph [0003]), and said prosthesis component is selected from the group consisting of a body-powered elbow, an externally powered elbow, a passive elbow and a quick disconnect fitting, and are enabled for attachment of various terminal devices including a swim paddle (the female component is sized and shaped as claimed, thereby is capable of connecting to the prosthesis components recited).
Claims 3 and 12-18 are rejected under 35 U.S.C. 103 as being unpatentable over Beerens et al. (US PG Pub No. 2020/0368041 A1) in view of Penner et al. (US PG Pub No. 2024/0115392 A1) and Fauth et al. (US PG Pub No. 2023/0355398 A1).
Regarding claim 3, Beerens as modified by Penner discloses a tapered pin (Paragraph [0064], Fig. 11, locking mechanism 234a, see annotated Fig. 11 above), but fails to disclose wherein said tapered pin comprises a male thread, a head, a gripping surface, and a rectangular slot. Fauth also discloses a tapered pin (Fig. 3, tapered fastener 300). Fauth teaches wherein said tapered pin (300) comprises a male thread (Fig. 3, helical thread 310), a head (Fig. 3, head 304), a gripping surface (Fig. 3, head 304 or neck 308), and a rectangular slot (Paragraph [0121], “torque connection interface” and Fig. 6A illustrating a similar slot that is rectangular). 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 modified the tapered pin of Beerens as modified by Penner to comprise a male thread, a head, a gripping surface, and a rectangular slot, as taught by Fauth, in order to increase strength of the fixation of the pin (Paragraph [0120]).
Regarding claim 12, Beerens discloses a connection device (Fig. 1, adapter, Paragraphs [0001-0003]), for attaching an implant to a prosthesis (Paragraphs [0001-0003]), comprising: a male connector (Fig. 1, male body 3) attached to an upper extremity implant (Paragraph [0038], male body 3 connects to pin 1 “protruding from a body part”) and a female connector (Fig. 1, female part 26) attached to a prosthesis component (Paragraph [0003]), wherein said male connector (3) attached to said upper extremity implant (Paragraph [0038], male body 3 connects to pin 1 “protruding from a body part”) includes a proximal interior (Fig. 2, first part 8), a threaded distal end (Fig. 1), a proximal exterior (Fig. 2), a mounting bolt (Fig. 1, bolt 6), a hole (Fig. 1, opening 14), and wherein said female connector (26) attached to said prosthesis component (Paragraph [0003]) includes a proximal interior (Fig. 4, bottom wall 49), a female thread (Fig. 1, guiding tracks 31), a distal end (Fig. 1, 26), and wherein said male connector (3) attached to said upper extremity implant and wherein said female connector (26) attached to said prosthesis component mate together to form a rigid connection (Paragraph [0007]) between said prosthesis component and said upper extremity implant, and wherein said upper extremity implant (Paragraph [0038], “pin 1 protrudes from a body part”) includes an implant abutment (Fig. 1, pin 1), a threaded distal abutment end (Paragraph [0040], pin 1, screw thread), a slot (Fig. 1, pin 1, Alignment recess 2), and a cone (Paragraph [0038], Fig. 1, pin 1 “tapered end”).
Beerens fails to disclose wherein said male connector includes raised, tapered, ribs, set screw, a tapered hole, and a tapered pin wherein the raised, tapered ribs are disposed on an exterior surface of the male connector, and wherein said female connector includes recessed, tapered channels, and a tapered hole wherein the recessed, tapered channels are complementary to the raised, tapered ribs of the male connector, wherein said male connector and said female connector mate together to form a rigid connection by engagement of the raised, tapered ribs with the recessed, tapered channels.
Penner also discloses a connection device (system 200) comprising a male connector (Fig. 14, component 260) and a female component (Fig. 14, component 270). Penner teaches the male connector comprises raised, tapered ribs (Fig. 14, rails 222a and 224a, see annotated Fig. 11 below), a set screw (Paragraph [0067], Fig. 14, locking mechanism 234c, see annotated Fig. 11 below), a tapered hole (Paragraph [0064], Fig. 11, securing mechanism 232a, see annotated Fig. 11 below), and a tapered pin (Paragraph [0064], Fig. 11, locking mechanism 234a, see annotated Fig. 11 below) wherein the raised, tapered ribs are disposed on an exterior surface of the male connector (Fig. 14, rails 222a and 224a, see annotated Fig. 11 below), and wherein said female connector (270) includes recessed, tapered channels (Fig. 14, rails 222b and 224b, see annotated Fig. 14 below) and a tapered hole (Fig. 14, channel 230b, see annotated Fig. 14 below) wherein the recessed, tapered channels are complementary to the raised, tapered ribs of the male connector (see annotated Fig. 14 below), wherein said male connector (260) and said female connector (270) mate together to form a rigid connection by engagement of the raised, tapered ribs with the recessed, tapered channels (Paragraph [0063], dovetail coupling, Paragraph [0067], securing/locking mechanism). 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 modified Beerens’ connection device wherein said male connector includes raised, tapered, ribs, set screw, a tapered hole, and a tapered pin wherein the raised, tapered ribs are disposed on an exterior surface of the male connector, and wherein said female connector includes recessed, tapered channels, and a tapered hole wherein the recessed, tapered channels are complementary to the raised, tapered ribs of the male connector, wherein said male connector and said female connector mate together to form a rigid connection by engagement of the raised, tapered ribs with the recessed, tapered channels, as taught by Penner, in order to form a rigid connection between the male and female components (Paragraph [0063], dovetail coupling, Paragraph [0067], securing/locking mechanism).
Beerens as modified by Penner fails to disclose wherein said tapered pin includes a male thread, a head, a gripping surface, and a rectangular slot. Fauth also discloses a tapered pin (Fig. 3, tapered fastener 300). Fauth teaches wherein said tapered pin (300) includes a male thread (Fig. 3, helical thread 310), a head (Fig. 3, head 304), a gripping surface (Fig. 3, head 304 or neck 308), and a rectangular slot (Paragraph [0121], “torque connection interface” and Fig. 6A illustrating a similar slot that is rectangular). 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 modified the tapered pin of Beerens in view of Penner to include a male thread, a head, a gripping surface, and a rectangular slot, as taught by Fauth, in order to increase strength of the fixation of the pin (Paragraph [0120]).
PNG
media_image1.png
764
666
media_image1.png
Greyscale
PNG
media_image2.png
609
634
media_image2.png
Greyscale
Regarding claim 13, Beerens as modified by Penner and Fauth discloses wherein said threaded distal end (see Fig. 1) of said male connector (3) embodies various portions shaped to enable connection to said female connector (Fig. 1, female part 26).
Regarding claim 14, Beerens as modified by Penner and Fauth discloses wherein said distal end of said female connector (26) embodies various portions (Fig. 1, adapter plate 42) shaped to enable connection to said prosthesis component (Paragraph [0061]).
Regarding claim 15, Beerens as modified Fauth fails to disclose wherein said male connector (3) further comprises at least a plurality of raised, tapered ribs and at least a plurality of recessed, tapered channels. Penner further teaches wherein said male connector (260) comprises at least a plurality of raised, tapered ribs (Fig. 14, rails 222a and 224a, see annotated Fig. 11 above), and at least a plurality of recessed, tapered channels (Fig. 14, rails 222a and 224a, see annotated Fig. 11 above). 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 modified Beerens’ as modified by Fauth connection device wherein said male connector further comprises at least a plurality of raised, tapered ribs and at least a plurality of recessed, tapered channels, as taught by Penner, in order to form a rigid connection between the male and female components (Paragraph [0063], dovetail coupling).
Regarding claim 16, Beerens as modified by Penner and Fauth discloses further comprising an adaptor (Fig. 1, ring assembly 27) sized, shaped, and configured to attach said male connector (3; see Fig. 1 and Paragraph [0049]).
Regarding claim 17, Beerens as modified by Penner and Fauth discloses wherein a threaded distal end (Fig. 1, first rings 28) of said adaptor (27) embodies various portions shaped to enable connection to said female connector (26; Paragraph [0050]).
Regarding claim 18, Beerens as modified by Penner and Fauth discloses wherein said female connector (26) is sized, shaped, and configured to connect to said prosthesis component (via 42; Paragraph [0003]), and said prosthesis component is selected from the group consisting of a body-powered elbow, an externally powered elbow, a passive elbow and a quick disconnect fitting, and are enabled for attachment of various terminal devices including a swim paddle (the female component is sized and shaped as claimed, thereby is capable of connecting to the prosthesis components recited).
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 KARI L COCHRAN whose telephone number is (571)272-9637. The examiner can normally be reached Monday-Thursday 7:00-5:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Melanie Tyson can be reached at 5712729062. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/K.L.C./Patent Examiner, Art Unit 3774
/KATRINA M STRANSKY/Primary Examiner, Art Unit 3700
Prosecution Insights