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 .
DETAILED ACTION
Election/Restrictions
Applicant timely traversed the restriction requirement in the reply filed on 04/30/2026 with the election of Claims 8-13 and Figs. 1A-4. Therefore, claims 1-7 and 13-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention and species (claim 13 is directed to a third prosthesis and a third slot not disclosed in elected Figs. 1A-4), there being no allowable generic or linking claim. Thus, claims 8-12 are presently pending in this application.
Applicant's election with traverse is acknowledged. The traversal is on the ground(s) that the present restriction does not provide reasoning as to how the claim groups lack a common special technical feature. This is not found to be persuasive since the restriction includes an analysis of claims in each group (Claims 1-7, claims 8-13 and claims 14-20) to determine which claim limitations are overlapping and constitute a common technical feature. The common technical feature that is overlapping amongst the three groups was then found to not be a special technical feature since it does not make a contribution over the CN 211834871 prior art.
Furthermore, the species restriction traversal is not found persuasive because each of grouped species figures are directed to mutually exclusive species with mutually exclusive characteristics that are not obvious variants of each other. If the applicant believes that these are in fact similar and should not be considered mutually exclusive species, the applicant is required to state that these embodiments do not have mutually exclusive characteristics and a single prior art disclosing one would disclose the other since they are obvious variants of each other.
The requirement is still deemed proper and is therefore made FINAL.
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.
(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.
Claims 8 and 10-11 are rejected under 35 U.S.C. 102(a)(1) and 102 (a)(2) as being anticipated by Li (CN 209951486).
Regarding claim 8, Li discloses a cranial prosthesis assembly (Fig. 3 and abstract) locatable adjacent to an exterior portion of a head (abstract), the assembly comprising: a first prosthesis 5 (Fig. 3) comprising: a first body defining a first interior surface locatable adjacent to the exterior portion of the head (Figs. 1 and 3); a first projection 7 extending laterally outward along a first edge of the first body (Fig. 3); and a first slot 9 extending inward along a second edge of the first body (slot 9 of connecting belt 2-3; Fig. 3; claim 1); and a second prosthesis 4 comprising: a second body defining a second interior surface locatable adjacent to the exterior portion of the head (Figs. 1 and 3); and a second slot 8 extending inward along a second edge of the second body (groove 8 of connecting belt 2-2; Fig. 3; claim 1), the second slot configured to receive the first projection to secure the second prosthesis to the first prosthesis (Fig. 3 and claim 1).
Regarding claim 10, Li discloses wherein the first body defines a first plurality of bores extending therethrough and wherein the second body defines a second plurality of bores extending therethrough (vent holes; Fig. 3).
Regarding claim 11, Li discloses wherein the first body and the second body are configured to distribute a load applied to exterior surfaces of the first body and the second body across the interior surface of the first body and the interior surface of the second body (the structure of plate 4 and guard 5 and the rubber material are fully capable of performing this intended use; claim 3).
Claims 8 and 10-11 are rejected under 35 U.S.C. 102(a)(1) and 102 (a)(2) as being anticipated by Jackson, III (2018/0235671) “Jackson”.
Regarding claim 8, Jackson discloses a cranial prosthesis assembly 50 (Fig. 12) locatable adjacent to an exterior portion of a head (the structure of the assembly 50 is fully capable for intended cranial use; Fig. 12), the assembly comprising: a first prosthesis 52 (Fig. 12) comprising: a first body defining a first interior surface locatable adjacent to the exterior portion of the head (Figs. 12 and 16 disclose the body of the plate 52 which is fully capable of performing this intended use); a first projection 71 (Fig. 19) extending laterally outward along a first edge of the first body 52 (Figs. 16 and 19; and a first slot 65 extending inward along a second edge of the first body (slot 65 extends inwardly from ends 68 of notches 67; Figs. 17-18); and a second prosthesis 51 comprising: a second body defining a second interior surface locatable adjacent to the exterior portion of the head (Fig. 12); and a second slot 65 extending inward along a second edge of the second body (Fig. 12 discloses the plate 51 receives the projection 71 of plate 52), the second slot configured to receive the first projection to secure the second prosthesis to the first prosthesis (Fig. 12 and par. 0078).
Regarding claim 10, Jackson discloses wherein the first body defines a first plurality of bores 44 extending therethrough and wherein the second body defines a second plurality of bores extending therethrough (par. 0070 and Fig. 12).
Regarding claim 11, Jackson discloses wherein the first body and the second body are configured to distribute a load applied to exterior surfaces of the first body and the second body across the interior surface of the first body and the interior surface of the second body (the structure of plates 51 and 52 and the titanium material are fully capable of performing this intended use; par. 0014).
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 9 is rejected under 35 U.S.C. 103 as being unpatentable over Li (CN 209951486) in view of Wang (CN211834871) and Jackson, III (2018/0235671) “Jackson” in view of Wang (CN211834871).
Li and Jackson disclose the claimed invention of claim 8 but are individually silent regarding a pad secured to the first interior surface or the second interior surface and locatable adjacent to the exterior portion of the head. However, Wang teaches a similar assembly comprising a pad 4/6 (Fig. 2) secured to the first interior surface or the second interior surface and locatable adjacent to the exterior portion of the head (discussed under Figs. 1-5 description). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the assembly in Li and in Jackson to include a pad secured to the first interior surface or the second interior surface and locatable adjacent to the exterior portion of the head, as taught and suggested by Wang, for providing increased comfort.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Li (CN 209951486) in view of Paul (2005/0010227).
Li discloses the claimed invention of claim 8; except for wherein the first slot and the second projection form a dovetail interface. However, Paul teaches a similar assembly comprising a first slot 18 and a second projection 20 form a dovetail interface (pars. 0077-00078 and Fig. 1). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the assembly in Li to include wherein the first slot and the second projection form a dovetail interface, as taught and suggested by Paul, for providing a secured connection that allows for smooth tracking.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YASHITA SHARMA whose telephone number is (571)270-5417. The examiner can normally be reached on 8am-5pm M-Th; 8am-4pm Fri (MT).
If attempts to reach the examiner by telephone are unsuccessful, the examiner' s supervisor, Jerrah Edwards, can be reached at 408-918-7557. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/YASHITA SHARMA/
Primary Examiner, Art Unit 3774
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