Detailed Action
This office action is for US application number 18/511,545 evaluates the claims as filed on January 22, 2026.
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on January 22, 2026 has been entered.
Response to Arguments
Applicant's arguments filed January 22, 2026 have been fully considered but they are not persuasive. The rejections in this office action have been amended to address the amended claims. Examiner asserts that Carter and Davison teaches all the newly-amended limitations and re capable of performing the functions as claimed. Examiner directs Applicant to the rejection below for a more in-depth description of the limitations.
Examiner notes that the response filed January 22, 2025 has not fully responded to the final rejection dated November 6, 2025. Accordingly, Examiner has repeated such details herein inter alia the withdraw of claim 5 as such depends from a withdrawn claim 4, and one of the claim 7 rejections under 35 USC 112b.
With regards to Applicant’s argument that support for the amendment to claim 1 can be found in at least paragraphs 13 and 104 and Figs. 1, 2, 4, 5a, 5b, and 6-8 (Remarks p. 9), Examiner notes that original claim 13 is silent to anything being parallel and makes no mention of the claimed lengths that are asserted to be parallel. Paragraph 104 discloses that the tenth embodiment differs from the first embodiment in the configuration of the cutting guide attachment 20a and has the upper side and the lower side of the cutting guide attachment arranged plane-parallel, but makes no mention of the claimed lengths nor the unmentioned lengths being parallel for the non-elected species. Figs. 5a, 5b, and 6-8 are drawn to non-elected species b), c), d), and e). Finally, Figs. 1, 2, and 4 do not show any scale, lines, or potential indicators of any features being parallel. Thus, the cited disclosure does not provide the purported support for the current amendments in claim 1.
With regards to Applicant’s argument that specification replacement paragraph 13 addresses the specification objections (Remarks p. 9), Examiner notes that the specification replacement paragraph 13 contains the same new matter as the claims and thus introduces new matter to the disclosure as detailed in the below specification objection.
With regards to Applicant’s argument that Applicant’s annotated Carter Fig. 6 represents the rejection of record (Remarks p. 9-10), Examiner notes that Applicant’s annotated Carter Fig. 6 identifies a length of the saw slot being larger than the saw slot and on a different portion of the cutting guide attachment than the saw slot as well as lengths of the base part and cutting guide attachment that do not appear to correspond to the claim lengths or the BRI of the claim terms. Further, such appears to ignore the explanation of the BRI of the claim terms provided on pages 2-4 of the final rejection dated November 6, 2025 and the mapping of the claim terms on pages 10-11 of the final rejection dated November 6, 2025 and thus does not appear to represent the rejection provided therein.
With regards to Applicant’s argument that Carter Fig. 6 shows that the length of 30 is oriented parallel to the length of 70 (Remarks p. 10), Examiner notes that there are no scales, lines, or other indicating markers in Fig. 6 to support the assertion that anything is shown to be parallel to anything else, least of all Applicant’s labeled lengths that are not specifically described by Carter.
With regards to Applicant’s argument that the base part of Carter is not oriented transversely to the length of the cutting guide attachment when fitted on the flange (Remarks p. 10), Examiner notes that, as detailed below and on pages s 2-4 and 10-11 of the final rejection dated November 6, 2025, Carter discloses that the base part (30) is transverse to the cutting guide attachment (70) when the cutting guide attachment is fitted onto the fastening flange (right portion of 30 as shown in Figs. 2, 3, 6, and 7) in what appears to be a very similar manner to Applicant’s device as shown when one compares Carter Fig. 6 and Applicant’s Figs. 1-4; thus it is unclear how one can reasonably assert that such similarly shown connections differ for the overly broad claim limitations provided. In the interest of providing the utmost clarity, Examiner has annotated Carter Fig. 6 and Applicant’s Fig. 1 below. Further, Examiner has provided additional variations of the rejection below to demonstrate the breadth of the current limitations and hopefully resolve Applicant’s confusion.
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With regards to Applicant’s argument that saw slot 78 is oriented perpendicular to the length of 70 and thus Carter fails to teach the length of the saw slot orientated parallel to the length of the cutting guide attachment (Remarks p. 10), Examiner notes that, if one is assuming the Applicant’s annotated lengths, then such appears to be generally true as such are generally parallel. However, neither Carter nor Applicant disclose any features as being expressly parallel and if one is considering the claimed lengths as identified in the rejection, then such is incorrect as such are clearly shown to be generally parallel in at least Figs. 6 and 9.
With regards to Applicant’s argument that ‘Nothing in Davison deficiencies of Carter’ (Remarks p. 11), Examiner notes that this argument is unclear as to what Applicant believes to be lacking. As detailed below and that of the final office action, Davison teaches material properties.
With regards to Applicant’s argument that one would not arrive at the claimed invention by modifying Carter in view of Davison as modifying Carter 70 would require significant removal of drill guides 82 which would limit clamping of 70 to the radius (Remarks p. 11-12), Examiner notes that it is unclear why or how one would propose to do such or how this argument is intended to relate to the claims, art, or the rejection. That is, is has not been proposed to remove 82 from Carter nor is there a claim limitation that provides that such cannot be a part of the device that comprises the base part and cutting guide attachment. Further, modifying the materials does not require removal of any structure as appears to be argued.
Election/Restrictions
As to claim 5, the claim is drawn to the template according to claim 4, which was withdrawn by Applicant in the instant claims. Accordingly, claim 5 is withdrawn from further consideration.
Priority
The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994).
The disclosure of the prior-filed application, Application No. DE-102022212308.5, fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application. Application No. DE-102022212308.5 fails to provide adequate support for the “length of the saw slot is orientated parallel to the length of the cutting guide” attachment of claim 1 and “the cutting guide attachment is cantilevered from the fastening flange” of claim 20 lines 2-3.
Specification
The amendment filed January 22, 2026 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows: “The length of the base part may be oriented non-parallel transversely to the length of the cutting guide attachment when the cutting guide attachment is fitted onto the fastening flange.” and “The length of the saw slot may be orientated parallel to the length of the cutting guide attachment”.
Applicant is required to cancel the new matter in the reply to this Office Action.
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
As to claim 20, the specification appears to lack proper antecedent basis for “the cutting guide attachment is cantilevered from the fastening flange” of claim 20 lines 2-3. That is, such was not described in the original specification, originally claimed, and has not been shown in the drawings. Instead, Fig.2 shows the relative sizing of the components where the flange appears to be at least as tall as the cutting guide attachment and Fig. 1 shows them assembled. Consequently, it does not appear to be reasonable to assert that flange 2 is a “projecting beam or member supported at only one end” (https://www.merriam-webster.com/dictionary/cantilever) as claimed. Thus, the specification fails to provide proper antecedent basis for “the cutting guide attachment is cantilevered from the fastening flange” of lines 2-3 constitutes new matter.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “the cutting guide attachment is cantilevered from the fastening flange” of claim 20 lines 2-3 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claim(s) 1-3, 7-9, 15, and 20 is/are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, 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 pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention.
As to claims 1-3, 7-9, 15, and 20, “the length of the saw slot is orientated parallel to the length of the cutting guide attachment” of claim 1 lines 22-23 appears to be new matter. That is, such was not described in the original specification, originally claimed, and has not been shown in the drawings with any features that enable one to discern that such is “parallel”. Thus, “the length of the saw slot is orientated parallel to the length of the cutting guide attachment” of lines 22-23 constitutes new matter.
As to claim 20, “the cutting guide attachment is cantilevered from the fastening flange” of claim 20 lines 2-3 appears to be new matter. That is, such was not described in the original specification, originally claimed, and has not been shown in the drawings. Instead, Fig.2 shows the relative sizing of the components where the flange appears to be at least as tall as the cutting guide attachment and Fig. 1 shows them assembled. Consequently, it does not appear to be reasonable to assert that flange 2 is a “projecting beam or member supported at only one end” (https://www.merriam-webster.com/dictionary/cantilever) as claimed. Thus, “the cutting guide attachment is cantilevered from the fastening flange” of lines 2-3 constitutes new matter.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim(s) 7 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claim(s) 7 is/are unclear with regards to “each of the opposite edges of the plate flange arranged on a respective one of the first and second broadening regions” in line 3-4 and how it can be reasonably construed that the edges are arranged on the region of themselves that is broadening. Examiner is interpreting this broadly and suggests amending to clarify.
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 of this title, 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.
Claim(s) 1-3, 7-9, 15, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Carter et al. (US 5,935,128, hereinafter “Carter”) in view of Davison et al. (US 2013/0296872, hereinafter “Davison”).
The claimed phrases “form” and “formed” are being treated as product by process limitations; that is the product reasonably appears to be either identical with or only slightly different than a product claimed in a product-by-process claim. As set forth in MPEP 2113, product by process claims are not limited to the manipulation of the recited steps, only the structure implied by the steps. Once a product appearing to be substantially the same or similar is found, a 35 USC 102/103 rejection may be made and the burden is shifted to applicant to show an unobvious difference. MPEP 2113.
As to claim 1, Carter discloses a resection template (30, 70, Figs. 1-9) capable of use in resection of a bone (Figs. 1-5), the resection template comprising: a plate-shaped base part (30) having a front side (upper/right side as shown in Figs. 2 and 3, Figs. 2, 3, and 7) and a rear side (lower/left side as shown in Figs. 2 and 3, Figs. 2 and 3); wherein the rear side has a bearing face (lower/left face as shown in Figs. 2 and 3, Figs. 2 and 3) capable of bearing on the bone (Figs. 2 and 3); wherein the front side has a fastening flange (right portion of 30 as shown in Figs. 2, 3, 6, and 7, Figs. 2, 3, 6, and 7) which extends away from the front side (Figs. 2 and 3) and is arranged next to an end edge of the base part (Figs. 2, 3, 6, and 7) or a slot of the base part (Figs. 2, 3, 6, and 7); a cutting guide attachment (70) capable of fitting onto the fastening flange from a side of the fastening flange that is distally spaced from the front side (Figs. 6 and 9, col. 5 lines 51-56); wherein the cutting guide attachment has a saw slot (78) capable of guiding a sawing tool (42, Fig. 3, col. 4 lines 3-5, col. 5 lines 56-58), wherein the saw slot is arranged proximate the end edge of the base part (Fig. 6, col. 5 lines 51-56) or proximate the slot of the base part (Fig. 6, col. 5 lines 51-56) when the cutting guide attachment is fitted onto the fastening flange (Fig. 6, col. 5 lines 51-56); wherein the plate-shaped base part with the fastening flange is formed from any suitable material (col. 6 lines 7-9), and the cutting guide attachment is formed from any suitable material (col. 6 lines 7-9); and wherein the base part is elongated such that the base part has a length between opposite ends of the base part (Figs. 2, 3, 6, and 7), the cutting guide attachment is elongated such that the cutting guide attachment has a length between opposite ends of the cutting guide attachment (Figs. 6 and 9), and the length of the base part is oriented transversely to the length of the cutting guide attachment when the cutting guide attachment is fitted onto the fastening flange (Fig. 6); and wherein the saw slot is elongated such that the saw slot has a length between opposite ends of the saw slot (Fig. 9), and the length of the saw slot is orientated generally parallel to the length of the cutting guide attachment (Fig. 9). As to claim 2, Carter discloses that the fastening flange is formed as a plate flange (Figs. 2, 3, and 7). As to claim 3, Carter discloses that the cutting guide attachment is formed as a ring profile (Figs. 6 and 9), which has a rectilinear region (Figs. 6 and 9) in which the saw slot is arranged or on which the saw abutment is arranged (Fig. 6, col. 4 lines 54-56), wherein there is a first end collar region (upper end of ring profile as shown in Fig. 9, Fig. 9) at a first end of the rectilinear region (upper end of rectilinear region as shown in Fig. 9, Fig. 9) and a second end collar region (lower end of ring profile as shown in Fig. 9, Fig. 9) at a second end of the rectilinear region (lower end of rectilinear region as shown in Fig. 9, Fig. 9), wherein the first and second end collar regions together with the rectilinear region form a reception region for the plate flange (opening shown at left end of Fig. 9, Fig. 9), and wherein the first and second end collar regions are formed such that each of the first and second end collar regions enclose a respective opposite end region of the plate flange when the cutting guide attachment is fitted onto the fastening flange (Fig. 6, col. 4 lines 54-56). As to claim 8, Carter discloses that the plate flange has a first abutment region (lower surface at the bottom of left slot 48 as shown in Figs. 2 and 3 of the top slot 48 as shown in Fig. 7, Figs. 2, 3, and 7) and a second abutment region (lower surface at the bottom of right slot 48 as shown in Figs. 2 and 3 of the bottom slot 48 as shown in Fig. 7, Figs. 2, 3, and 7) that are arranged on opposite edges of the plate flange (as defined, Figs. 2, 3, and 7), the first and second abutment regions capable of limiting a fitting depth of a ring profile of the cutting guide attachment (Figs. 6 and 9) onto the plate flange (Fig. 6). As to claim 9, Carter discloses that the first and second end collar regions have a respective gripping rib region (outer region of each collar region, Figs. 6 and 9). As to claim 15, Carter discloses that the plate-shaped base part has a multiplicity of through-holes (36) capable of receiving screws or nails (38, Fig. 2, col. 3 lines 65-67) capable of use for fastening on the bone (col. 4 lines 1-2). As to claim 20, Carter discloses that when the cutting guide attachment is fitted onto the fastening flange (Fig. 6), the cutting guide attachment is cantilevered from the fastening flange such that the cutting guide attachment extends over the end edge of the base part or over with the slot of the base part (in as much as Applicant’s, Fig. 6).
Carter is silent to the any suitable material of the plate-shaped base part being a plastic material, and the any suitable material of the cutting guide attachment being a metallic material, and the length of the saw slot is orientated parallel to the length of the cutting guide attachment.
Davison teaches a similar resection template (Figs. 1A-4) comprising: a plate-shaped base part (50) having a bearing face (Fig. 2E) capable of bearing on the bone (Fig. 1A); wherein the front side has a fastening flange (562, 564) which extends away from a front side (Figs. 2A-2C and 4); a cutting guide attachment (60) capable of being fitted into the fastening flange from a side of the fastening flange (Figs. 2C, 3, and 4); wherein the cutting guide attachment has a saw slot (618, Fig. 3, ¶76) capable of guiding a sawing tool (300, Fig. 1A, ¶76), wherein the plate-shaped base part with the fastening flange is formed from a plastic material (¶60) and the cutting guide attachment is formed from a metallic material (¶60).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to specify that the base part formed from any suitable material and the cutting guide attachment formed from any suitable material as disclosed by Carter comprises plastic bodies with metallic inserts/liners as taught by Davison in order to select a known material to provide a cutting surface of sufficient hardness (Davison ¶60) and allow for use of a rapid prototyping technology during the manufacturing process, thereby reducing manufacturing cost and streamlining the manufacturing process while permitting manufacture for a specific patient (Davison ¶60). It would have been an obvious matter of design choice to one skilled in the art before the effective filing date of the claimed invention to specify that the length of the saw slot that is generally parallel to the length of the cutting guide attachment of Carter is specifically parallel, since Applicant has not disclosed that such solve any stated problem or is anything more than one of numerous shapes or configurations a person ordinary skill in the art would find obvious for the purpose of providing a known orientation for a cutting slot on a cutting guide on bone for a given procedure (Carter Fig. 6, col. 5 lines 51-60).
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As to claim 7, the combination of Carter and Davison discloses the invention of claim 2 as well as the plate flange having opposite edges (Figs. 2, 3, and 7).
Carter is silent to the plate flange has a first broadening region and a second broadening region, each opposite edge of the plate flange arranged on a respective one of the first and second broadening regions, wherein the first and second broadening regions widening along a direction extending from the side of the fastening flange to the front side of the base part such that the first and second broadening regions are configured to exert an increasing clamp effect on a ring profile of the cutting guide attachment when the cutting guide attachment is fitted onto the fastening flange.
Davison teaches a similar template (Figs. 6A and 6B) comprising a base part (802) having a fastening flange (830, 836, 838, 822, 832, 840, Fig. 6B, ¶s 84 and 85) formed as a plate flange (Fig. 6B), wherein the plate flange has a first broadening region (838, left 832 as shown in Fig. 6B, Fig. 6B) and a second broadening region (822, right 832 as shown in Fig. 6B, Fig. 6B), each opposite edge of the plate flange arranged on a respective one of the first and second broadening regions (Fig. 6B), wherein the first and second broadening regions widening along a direction extending from a side of the fastening flange (816) to a front side of the base part (814, Fig. 6B) such that the first and second broadening regions are capable of exerting an increasing clamp effect on a ring profile of the cutting guide attachment when the cutting guide attachment is fitted onto the fastening flange (824, 820, Fig. 6B, ¶83).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify the opposite edges of the plate flange as disclosed by Carter to have a respective first and second broadening region as taught by Davison in order to facilitate insertion (Davison ¶85) and provide a press-fit connection (Davison ¶83) to attach components (Davison ¶83).
As to claim 1, Carter, in a second interpretation, discloses a resection template (30, 70, Figs. 1-9) capable of use in resection of a bone (Figs. 1-5), the resection template comprising: a plate-shaped base part (30) having a front side (upper/right side as shown in Figs. 2 and 3, Figs. 2, 3, and 7) and a rear side (lower/left side as shown in Figs. 2 and 3, Figs. 2 and 3); wherein the rear side has a bearing face (lower/left face as shown in Figs. 2 and 3, Figs. 2 and 3) capable of bearing on the bone (Figs. 2 and 3); wherein the front side has a fastening flange (right portion of 30 as shown in Figs. 2, 3, 6, and 7, Figs. 2, 3, 6, and 7) which extends away from the front side (Figs. 2 and 3) and is arranged next to an end edge of the base part (Figs. 2, 3, 6, and 7) or a slot of the base part (Figs. 2, 3, 6, and 7); a cutting guide attachment (see illustration of Fig. 6 below, Fig. 6) capable of fitting onto the fastening flange from a side of the fastening flange that is distally spaced from the front side (Figs. 6 and 9, col. 5 lines 51-56); wherein the cutting guide attachment has a saw slot (78) capable of guiding a sawing tool (42, Fig. 3, col. 4 lines 3-5, col. 5 lines 56-58), wherein the saw slot is arranged proximate the end edge of the base part (Fig. 6, col. 5 lines 51-56) or proximate the slot of the base part (Fig. 6, col. 5 lines 51-56) when the cutting guide attachment is fitted onto the fastening flange (Fig. 6, col. 5 lines 51-56); wherein the plate-shaped base part with the fastening flange is formed from any suitable material (col. 6 lines 7-9), and the cutting guide attachment is formed from any suitable material (col. 6 lines 7-9); and wherein the base part is elongated such that the base part has a length between opposite ends of the base part (Figs. 2, 3, 6, and 7), the cutting guide attachment is elongated such that the cutting guide attachment has a length between opposite ends of the cutting guide attachment (Figs. 6 and 9), and the length of the base part is oriented transversely to the length of the cutting guide attachment when the cutting guide attachment is fitted onto the fastening flange (Fig. 6); and wherein the saw slot is elongated such that the saw slot has a length between opposite ends of the saw slot (Fig. 9), and the length of the saw slot is orientated generally parallel to the length of the cutting guide attachment (Fig. 9). As to claim 2, Carter discloses that the fastening flange is formed as a plate flange (Figs. 2, 3, and 7). As to claim 3, Carter discloses that the cutting guide attachment is formed as a ring profile (Figs. 6 and 9), which has a rectilinear region (Figs. 6 and 9) in which the saw slot is arranged or on which the saw abutment is arranged (Fig. 6, col. 4 lines 54-56), wherein there is a first end collar region (upper end of ring profile as shown in Fig. 9, Fig. 9) at a first end of the rectilinear region (upper end of rectilinear region as shown in Fig. 9, Fig. 9) and a second end collar region (lower end of ring profile as shown in Fig. 9, Fig. 9) at a second end of the rectilinear region (lower end of rectilinear region as shown in Fig. 9, Fig. 9), wherein the first and second end collar regions together with the rectilinear region form a reception region for the plate flange (opening shown at left end of Fig. 9, Fig. 9), and wherein the first and second end collar regions are formed such that each of the first and second end collar regions enclose a respective opposite end region of the plate flange when the cutting guide attachment is fitted onto the fastening flange (Fig. 6, col. 4 lines 54-56). As to claim 8, Carter discloses that the plate flange has a first abutment region (lower surface at the bottom of left slot 48 as shown in Figs. 2 and 3 of the top slot 48 as shown in Fig. 7, Figs. 2, 3, and 7) and a second abutment region (lower surface at the bottom of right slot 48 as shown in Figs. 2 and 3 of the bottom slot 48 as shown in Fig. 7, Figs. 2, 3, and 7) that are arranged on opposite edges of the plate flange (as defined, Figs. 2, 3, and 7), the first and second abutment regions capable of limiting a fitting depth of a ring profile of the cutting guide attachment (Figs. 6 and 9) onto the plate flange (Fig. 6). As to claim 9, Carter discloses that the first and second end collar regions have a respective gripping rib region (outer region of each collar region, Figs. 6 and 9). As to claim 15, Carter discloses that the plate-shaped base part has a multiplicity of through-holes (36) capable of receiving screws or nails (38, Fig. 2, col. 3 lines 65-67) capable of use for fastening on the bone (col. 4 lines 1-2). As to claim 20, Carter discloses that when the cutting guide attachment is fitted onto the fastening flange (Fig. 6), the cutting guide attachment is cantilevered from the fastening flange such that the cutting guide attachment extends over the end edge of the base part or over with the slot of the base part (in as much as Applicant’s, Fig. 6).
Carter is silent to the any suitable material of the plate-shaped base part being a plastic material, and the any suitable material of the cutting guide attachment being a metallic material, and the length of the saw slot is orientated parallel to the length of the cutting guide attachment.
Davison teaches a similar resection template (Figs. 1A-4) comprising: a plate-shaped base part (50) having a bearing face (Fig. 2E) capable of bearing on the bone (Fig. 1A); wherein the front side has a fastening flange (562, 564) which extends away from a front side (Figs. 2A-2C and 4); a cutting guide attachment (60) capable of being fitted into the fastening flange from a side of the fastening flange (Figs. 2C, 3, and 4); wherein the cutting guide attachment has a saw slot (618, Fig. 3, ¶76) capable of guiding a sawing tool (300, Fig. 1A, ¶76), wherein the plate-shaped base part with the fastening flange is formed from a plastic material (¶60) and the cutting guide attachment is formed from a metallic material (¶60).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to specify that the base part formed from any suitable material and the cutting guide attachment formed from any suitable material as disclosed by Carter comprises plastic bodies with metallic inserts/liners as taught by Davison in order to select a known material to provide a cutting surface of sufficient hardness (Davison ¶60) and allow for use of a rapid prototyping technology during the manufacturing process, thereby reducing manufacturing cost and streamlining the manufacturing process while permitting manufacture for a specific patient (Davison ¶60). It would have been an obvious matter of design choice to one skilled in the art before the effective filing date of the claimed invention to specify that the length of the saw slot that is generally parallel to the length of the cutting guide attachment of Carter is specifically parallel, since Applicant has not disclosed that such solve any stated problem or is anything more than one of numerous shapes or configurations a person ordinary skill in the art would find obvious for the purpose of providing a known orientation for a cutting slot on a cutting guide on bone for a given procedure (Carter Fig. 6, col. 5 lines 51-60).
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As to claim 7, the combination of Carter and Davison discloses the invention of claim 2 as well as the plate flange having opposite edges (Figs. 2, 3, and 7).
Carter is silent to the plate flange has a first broadening region and a second broadening region, each opposite edge of the plate flange arranged on a respective one of the first and second broadening regions, wherein the first and second broadening regions widening along a direction extending from the side of the fastening flange to the front side of the base part such that the first and second broadening regions are configured to exert an increasing clamp effect on a ring profile of the cutting guide attachment when the cutting guide attachment is fitted onto the fastening flange.
Davison teaches a similar template (Figs. 6A and 6B) comprising a base part (802) having a fastening flange (830, 836, 838, 822, 832, 840, Fig. 6B, ¶s 84 and 85) formed as a plate flange (Fig. 6B), wherein the plate flange has a first broadening region (838, left 832 as shown in Fig. 6B, Fig. 6B) and a second broadening region (822, right 832 as shown in Fig. 6B, Fig. 6B), each opposite edge of the plate flange arranged on a respective one of the first and second broadening regions (Fig. 6B), wherein the first and second broadening regions widening along a direction extending from a side of the fastening flange (816) to a front side of the base part (814, Fig. 6B) such that the first and second broadening regions are capable of exerting an increasing clamp effect on a ring profile of the cutting guide attachment when the cutting guide attachment is fitted onto the fastening flange (824, 820, Fig. 6B, ¶83).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify the opposite edges of the plate flange as disclosed by Carter to have a respective first and second broadening region as taught by Davison in order to facilitate insertion (Davison ¶85) and provide a press-fit connection (Davison ¶83) to attach components (Davison ¶83).
As to claim 1, Carter, in a third interpretation, discloses a resection template (30, 70, Figs. 1-9) capable of use in resection of a bone (Figs. 1-5), the resection template comprising: a plate-shaped base part (30) having a front side (upper/right side as shown in Figs. 2 and 3, Figs. 2, 3, and 7) and a rear side (lower/left side as shown in Figs. 2 and 3, Figs. 2 and 3); wherein the rear side has a bearing face (lower/left face as shown in Figs. 2 and 3, Figs. 2 and 3) capable of bearing on the bone (Figs. 2 and 3); wherein the front side has a fastening flange (right portion of 30 as shown in Figs. 2, 3, 6, and 7, Figs. 2, 3, 6, and 7) which extends away from the front side (Figs. 2 and 3) and is arranged next to an end edge of the base part (Figs. 2, 3, 6, and 7) or a slot of the base part (Figs. 2, 3, 6, and 7); a cutting guide attachment (70) capable of fitting onto the fastening flange from a side of the fastening flange that is distally spaced from the front side (Figs. 6 and 9, col. 5 lines 51-56); wherein the cutting guide attachment has a saw slot (78) capable of guiding a sawing tool (42, Fig. 3, col. 4 lines 3-5, col. 5 lines 56-58), wherein the saw slot is arranged proximate the end edge of the base part (Fig. 6, col. 5 lines 51-56) or proximate the slot of the base part (Fig. 6, col. 5 lines 51-56) when the cutting guide attachment is fitted onto the fastening flange (Fig. 6, col. 5 lines 51-56); wherein the plate-shaped base part with the fastening flange is formed from any suitable material (col. 6 lines 7-9), and the cutting guide attachment is formed from any suitable material (col. 6 lines 7-9); and wherein the base part is elongated such that the base part has a length between opposite ends of the base part (Figs. 2, 3, 6, and 7), the cutting guide attachment is elongated such that the cutting guide attachment has a length between opposite ends of the cutting guide attachment (Figs. 6 and 9), and the length of the base part is oriented transversely to the length of the cutting guide attachment when the cutting guide attachment is fitted onto the fastening flange (Fig. 6); and wherein the saw slot is elongated such that the saw slot has a length between opposite ends of the saw slot (Fig. 9), and the length of the saw slot is orientated generally parallel to the length of the cutting guide attachment (Fig. 9). As to claim 2, Carter discloses that the fastening flange is formed as a plate flange (Figs. 2, 3, and 7). As to claim 3, Carter discloses that the cutting guide attachment is formed as a ring profile (Figs. 6 and 9), which has a rectilinear region (Figs. 6 and 9) in which the saw slot is arranged or on which the saw abutment is arranged (Fig. 6, col. 4 lines 54-56), wherein there is a first end collar region (upper end of ring profile as shown in Fig. 9, Fig. 9) at a first end of the rectilinear region (upper end of rectilinear region as shown in Fig. 9, Fig. 9) and a second end collar region (lower end of ring profile as shown in Fig. 9, Fig. 9) at a second end of the rectilinear region (lower end of rectilinear region as shown in Fig. 9, Fig. 9), wherein the first and second end collar regions together with the rectilinear region form a reception region for the plate flange (opening shown at left end of Fig. 9, Fig. 9), and wherein the first and second end collar regions are formed such that each of the first and second end collar regions enclose a respective opposite end region of the plate flange when the cutting guide attachment is fitted onto the fastening flange (Fig. 6, col. 4 lines 54-56). As to claim 8, Carter discloses that the plate flange has a first abutment region (lower surface at the bottom of left slot 48 as shown in Figs. 2 and 3 of the top slot 48 as shown in Fig. 7, Figs. 2, 3, and 7) and a second abutment region (lower surface at the bottom of right slot 48 as shown in Figs. 2 and 3 of the bottom slot 48 as shown in Fig. 7, Figs. 2, 3, and 7) that are arranged on opposite edges of the plate flange (as defined, Figs. 2, 3, and 7), the first and second abutment regions capable of limiting a fitting depth of a ring profile of the cutting guide attachment (Figs. 6 and 9) onto the plate flange (Fig. 6). As to claim 9, Carter discloses that the first and second end collar regions have a respective gripping rib region (outer region of each collar region, Figs. 6 and 9). As to claim 15, Carter discloses that the plate-shaped base part has a multiplicity of through-holes (36) capable of receiving screws or nails (38, Fig. 2, col. 3 lines 65-67) capable of use for fastening on the bone (col. 4 lines 1-2). As to claim 20, Carter discloses that when the cutting guide attachment is fitted onto the fastening flange (Fig. 6), the cutting guide attachment is cantilevered from the fastening flange such that the cutting guide attachment extends over the end edge of the base part or over with the slot of the base part (in as much as Applicant’s, Fig. 6).
Carter is silent to the any suitable material of the plate-shaped base part being a plastic material, and the any suitable material of the cutting guide attachment being a metallic material, and the length of the saw slot is orientated parallel to the length of the cutting guide attachment.
Davison teaches a similar resection template (Figs. 1A-4) comprising: a plate-shaped base part (50) having a bearing face (Fig. 2E) capable of bearing on the bone (Fig. 1A); wherein the front side has a fastening flange (562, 564) which extends away from a front side (Figs. 2A-2C and 4); a cutting guide attachment (60) capable of being fitted into the fastening flange from a side of the fastening flange (Figs. 2C, 3, and 4); wherein the cutting guide attachment has a saw slot (618, Fig. 3, ¶76) capable of guiding a sawing tool (300, Fig. 1A, ¶76), wherein the plate-shaped base part with the fastening flange is formed from a plastic material (¶60) and the cutting guide attachment is formed from a metallic material (¶60).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to specify that the base part formed from any suitable material and the cutting guide attachment formed from any suitable material as disclosed by Carter comprises plastic bodies with metallic inserts/liners as taught by Davison in order to select a known material to provide a cutting surface of sufficient hardness (Davison ¶60) and allow for use of a rapid prototyping technology during the manufacturing process, thereby reducing manufacturing cost and streamlining the manufacturing process while permitting manufacture for a specific patient (Davison ¶60). It would have been an obvious matter of design choice to one skilled in the art before the effective filing date of the claimed invention to specify that the length of the saw slot that is generally parallel to the length of the cutting guide attachment of Carter is specifically parallel, since Applicant has not disclosed that such solve any stated problem or is anything more than one of numerous shapes or configurations a person ordinary skill in the art would find obvious for the purpose of providing a known orientation for a cutting slot on a cutting guide on bone for a given procedure (Carter Fig. 6, col. 5 lines 51-60).
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As to claim 7, the combination of Carter and Davison discloses the invention of claim 2 as well as the plate flange having opposite edges (Figs. 2, 3, and 7).
Carter is silent to the plate flange has a first broadening region and a second broadening region, each opposite edge of the plate flange arranged on a respective one of the first and second broadening regions, wherein the first and second broadening regions widening along a direction extending from the side of the fastening flange to the front side of the base part such that the first and second broadening regions are configured to exert an increasing clamp effect on a ring profile of the cutting guide attachment when the cutting guide attachment is fitted onto the fastening flange.
Davison teaches a similar template (Figs. 6A and 6B) comprising a base part (802) having a fastening flange (830, 836, 838, 822, 832, 840, Fig. 6B, ¶s 84 and 85) formed as a plate flange (Fig. 6B), wherein the plate flange has a first broadening region (838, left 832 as shown in Fig. 6B, Fig. 6B) and a second broadening region (822, right 832 as shown in Fig. 6B, Fig. 6B), each opposite edge of the plate flange arranged on a respective one of the first and second broadening regions (Fig. 6B), wherein the first and second broadening regions widening along a direction extending from a side of the fastening flange (816) to a front side of the base part (814, Fig. 6B) such that the first and second broadening regions are capable of exerting an increasing clamp effect on a ring profile of the cutting guide attachment when the cutting guide attachment is fitted onto the fastening flange (824, 820, Fig. 6B, ¶83).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify the opposite edges of the plate flange as disclosed by Carter to have a respective first and second broadening region as taught by Davison in order to facilitate insertion (Davison ¶85) and provide a press-fit connection (Davison ¶83) to attach components (Davison ¶83).
Conclusion
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/AMY R SIPP/Primary Examiner, Art Unit 3775
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