Prosecution Insights
Last updated: April 19, 2026
Application No. 18/526,693

CONSTRAINED PROSTHETIC KNEE

Non-Final OA §112
Filed
Dec 01, 2023
Examiner
BRUTUS, JOEL F
Art Unit
3797
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Zimmer, Inc.
OA Round
1 (Non-Final)
72%
Grant Probability
Favorable
1-2
OA Rounds
3y 7m
To Grant
90%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allow Rate
922 granted / 1276 resolved
+2.3% vs TC avg
Strong +18% interview lift
Without
With
+18.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 7m
Avg Prosecution
48 currently pending
Career history
1324
Total Applications
across all art units

Statute-Specific Performance

§101
5.9%
-34.1% vs TC avg
§103
47.7%
+7.7% vs TC avg
§102
14.9%
-25.1% vs TC avg
§112
23.6%
-16.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1276 resolved cases

Office Action

§112
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 § 112 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 appl icant regards as his invention. Claim s 5, 20 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. The term “ serviceable ” in claim s 5, 20 is a relative term which renders the claim indefinite. The term “ serviceable ” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Allowable Subject Matter Claims 1-4, 6-19 are allowed. Claims 5, 20 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. The following is an examiner’s statement of reasons for allowance: No prior arts of record alone or in combination discloses the following: Claim 1. “ a tibial tray; a tibial bearing component including an articular surface; a hinge post extending through the tibial bearing component and at least partially received in a recess of the tibial tray; a femoral component that contacts the articular surface of the tibial bearing component and is configured to articulate with the tibial bearing component; a shackle coupled to the hinge post at a first end portion, the shackle configured to be inserted between a medial condyle and a lateral condyle of the femoral component, the shackle including: a first side; a second side opposite the first side; walls positioned between the femoral component and the shackle and engaged by the femoral component, the walls including: a first wall configured to cover the first side of the shackle; a second wall configured to cover the second side of the shackle, the first wall attached to the second wall; a hinge axle configured to secure the femoral component to the shackle ” Claim 13. “ a tibial tray; a tibial bearing component including an articular surface; a hinge post extending through the tibial bearing component and at least partially received in a recess of the tibial tray; a femoral component that contacts the articular surface of the tibial bearing component; a shackle coupled to the hinge post at a first end portion, the shackle configured to be inserted between a medial condyle and a lateral condyle of the femoral component; walls positioned between the femoral component and the shackle and engaged by the femoral component; a hinge axle configured to secure the femoral component to the shackle; a bump stop removably attached to the femoral component, the bump stop configured to contact the shackle at a set limit of rotation of the femoral component relative to the tibial bearing component ” Claim 16, “ a tibial tray; a tibial bearing component including an articular surface; a hinge post extending through the tibial bearing component and at least partially received in a recess of the tibial tray; a femoral component that contacts the articular surface of the tibial bearing component, the femoral component including: an inner medial condyle wall facing an intercondylar region and including a first frustoconical profile; an inner lateral condyle wall facing the intercondylar region and including a second frustoconical profile; a shackle coupled to the hinge post at a first end portion, the shackle configured to be inserted into the intercondylar region, the shackle including: a first side; and a second side opposite the first side; a wall positioned between the femoral component and the shackle such that the wall covers the first side and the second side of the shackle, the wall including: a third frustoconical profile complementary to the first frustoconical profile of the inner medial condyle wall; a fourth frustoconical profile complementary to the second frustoconical profile of the inner lateral condyle wall; a hinge axle configured to secure the femoral component to the shackle ” Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.” Prior arts: Wasielewski 2017/0333195 Wasielewski discloses a system (410, Figs. 5A-5B, [0057, 0080-0083]) including a prosthesis assembly for a constrained knee [0054]. The system comprises a tibial baseplate (414) having a distal surface (opposite 42, Fig. 1A), a proximal surface (442) opposite the distal surface (Fig. 1A), the proximal surface configured to receive a hinge post (418, [0057-0058, 0080, 0082]), the tibial baseplate (414) including a first engagement feature (442, [0081]), a mobile bearing (416) configured to couple with the tibial baseplate ([0057-0059, 0081-0082]) and to rotate about at least a first axis approximated by a centerline of the hinge post (rotation described in [0059-0060, 0081]), the rotation about at least the first axis is limited by at least the first engagement feature [0081], and a fixed bearing (216) configured to be coupled to the tibial baseplate (214, [0073]), the fixed bearing is restrained from rotating about the first axis by at least the first engagement feature (260) of the tibial baseplate [0076], wherein the tibial baseplate is configured to be assembled with either the mobile bearing or the fixed bearing [0083]. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT JOEL F BRUTUS whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)270-3847 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Mon-Sat, 11:00 AM to 7:00 PM . 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 Anne Kozak, can be reached at 571-270-0552 . 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. /JOEL F BRUTUS/ Primary Examiner, Art Unit 3797
Read full office action

Prosecution Timeline

Dec 01, 2023
Application Filed
Mar 02, 2026
Non-Final Rejection — §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
72%
Grant Probability
90%
With Interview (+18.0%)
3y 7m
Median Time to Grant
Low
PTA Risk
Based on 1276 resolved cases by this examiner. Grant probability derived from career allow rate.

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