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 .
According to the Amendment filed on 12/16/25, Claims 1-11 are pending.
Claim Objections
Claim 4 is objected to under 37 CFR 1.75 as being a substantial duplicate of claim 3. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-9, 11 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by McMinn (US 20190380721 A1).
McMinn discloses a method for orienting a femoral cut guide comprising: abutting a tibial alignment plateau 102 against an articular surface of a tibia fig. 8; spacing a femur 400 from the tibial alignment plateau 102 using at least one gap spacer portion 202 having a thickness profile to achieve a desired soft tissue balance (para. 24, 25, 35-36, 79), fig. 9, and it is known in the art that the desired soft tissue balance being indicative of/ or corresponds to a desired transepicondylar axis, which is being generally parallel to a plane of the plateau portion (as shown in figs 4 and 9); and orienting a femoral cut guide 1200 to the desired transepicondylar axis as a function of the thickness profile fig. 12, wherein abutting the tibial alignment plateau and spacing the femur are repeated with the tibial alignment plateau having different ones figs 10-11 of the thickness profile, wherein abutting the tibial alignment plateau and spacing the femur are repeated by changing a medial gap spacer and/or a lateral gap spacer concurrently defining the at least one gap spacer portion fig. 9, wherein orienting the femoral cut guide includes inserting a spacer member 202 corresponding to the thickness profile between the tibial alignment plateau and the femoral cut guide fig. 12, wherein abutting the tibial alignment plateau 102 includes mounting a tibial alignment guide 500, 510 to the tibia, the tibial alignment plateau being connected to the tibial alignment guide fig. 6, wherein mounting the tibial alignment guide to the tibia includes aligning the tibial alignment guide with a mechanical axis of the tibial fig. 5-6, wherein abutting the tibial alignment plateau includes abutting the tibial alignment plateau with the mechanical axis being generally normal to the tibial alignment plateau fig. 5-6, wherein abutting the tibial alignment plateau includes sliding the tibial alignment plateau along the tibial alignment guide figs. 5-6, including resecting 1302 the femur to form at least one plane aligned with the desired transepicondylar axis fig. 13-14.
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.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over McMinn in view of Verhoogen (US 20070135924 A1).
McMinn fails to teach that abutting the tibial alignment plateau against the articular surface of the tibia includes abutting the tibial alignment plateau against an implant on the tibia.
Verhoogen teaches abutting the tibial alignment plateau 74, fig. 7 against the articular surface of the tibia includes abutting the tibial alignment plateau 74 against an implanted stem 50 on the tibia to better anchors the tibial alignment plateau 74 to the bone.
It would have been obvious to a person of ordinary skill in the art at the time of the invention was made to modify the tibial alignment plateau of McMinn to abut against an implant (stem) in view of Verhoogen for effectively enhancing anchoring and fixing the tibial alignment plateau to the bone.
Response to Arguments
Applicant's arguments filed have been fully considered but they are not persuasive.
Applicant argues that “There is no visual indication of transepicondylar axis in any of Figs. 9 and 12 of McMinn, in contrast to Fig. 7B inter alia of the present application that clearly indicates it. Thus, the Office's citations within McMinn do not show the "transepicondylar axis". In fact, McMinn does not mention "transepicondylar axis" anywhere.”.
Examiner respectfully disagrees, since figs 9 and 12 of McMinn showing the spacers 206 are used to “obtain a desired amount of collateral ligament tension (which is soft tissue balance as claimed) on both medial and lateral sides of the knee prior to further femoral resection.” (para. 24, 25, 35-36, 79), and it is known in the art that the desired soft tissue balance being indicative of/ or corresponds to a desired transepicondylar axis, where it is being generally parallel to a plane of the plateau portion (as shown in figs 4 and 9).
Conclusion
THIS ACTION IS MADE FINAL. 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 SAMEH RAAFAT BOLES whose telephone number is (571)270-5537. The examiner can normally be reached 9-5 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, Kevin Truong can be reached at 571-272-4705. 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.
/SAMEH R BOLES/Primary Examiner, Art Unit 3775