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 .
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 1,6, 7, and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Beerens et al. (US PG Pub No. 2020/0368041 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).
Regarding claim 6, Beerens 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 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 11, Beerens 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).
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 2, 4, 5, and 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Beerens et al. (US PG Pub No. 2020/0368041 A1) as applied to claim 1 above, further in view of Penner et al. (US PG Pub No. 2024/0115392 A1).
Regarding claim 2, Beerens discloses wherein said male connector (Fig. 1, male body 3) attached to said upper extremity implant (Fig. 1, at pin 1) 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), and a hole (Fig. 1, opening 14). Beerens fails to disclose where said male connector (3) includes raised, tapered ribs, a set screw, a tapered hole, and a tapered pin.
Penner also discloses a connection device (system 200) comprising a male component (Fig. 14, component 260). Penner teaches the male component (260) includes 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). 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, a set screw, a tapered hole, and a tapered pin, 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).
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Regarding claim 4, Beerens in view of 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) includes 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) includes recessed, tapered channels and a tapered hole.
Penner also discloses a connection device (system 200) and a female component (Fig. 14, component 270). Penner teaches 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). 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 includes recessed, tapered channels and a tapered hole, as taught by Penner, in order to form a rigid connection between the male and female components (Paragraph [0063], dovetail coupling).
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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 in view of 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 in view of 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]).
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 in view of 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 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]).
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, and wherein said female connector includes recessed, tapered channels, and a tapered hole. 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), 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). 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, and wherein said female connector includes recessed, tapered channels, and a tapered hole, 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 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]).
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Regarding claim 13, Beerens in view of 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 in view of 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 in view of 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’ 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 in view of 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 in view of 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 in view of 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
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.
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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.
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/KARI L COCHRAN/Patent Examiner, Art Unit 3774
/MELANIE R TYSON/Supervisory Patent Examiner, Art Unit 3774
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