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.
Claim(s) 1- 3, 6-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Piascik et al. WO 2010/121101.
For claim 1, Piascik teaches a surgical device in the form of a “medical implant” - page 7 line 17 to page 8 line 13 and page 10, lines 19-19,
a surgical device component; a substrate 14 as part of a “medical implant”,
a hydrophobic coating at least partially covering the component (substrate surface 14) of the surgical device, shown in fig. 3A (right side of the reaction), wherein the left side of the reaction showing a reactive substrate surface and the reactive silane component 3-methacryloxypropyltrimethoxysilane (page line 17) to be joined to the surface (also shown in fig. X, below) which is a hydrophobic molecule (page 11 line 14). See the silane compound reproduced below and marked-up for claim interpretation, where R = CH3.
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fig. X
a substrate bonding molecule chain has a reactive end (OR group in fig. X) bonded to a silicon molecule (Si(OR)3) at a second end of the substrate bonding molecule and an ester linking oxygen molecule at the first end of the substrate binding molecule, the ester linking oxygen bonded to a hydrophobic molecule (shown above) via a carboxylate ester linkage that is part of an isobutyrate alkene derivative,
The substrate bonding molecule chain being longer than the hydrophobic as shown above in fig X comprising a silicone end having ester linking oxygen forming a reactive end for coupling to the substrate surface 14, 4 carbons and a shared oxygen molecule forming a carboxylate ester linkage) and being longer than the hydrophobic molecule, see fig. X.
It is noted that figures 2 and 3A and 3B of the reference all shown portions of the same surface preparation with figure 2 showing a substrate surface prepped with Si(CL)4 to form an SiO2 surface depicted in figures. Combining figures 2 and 3A results in fig. Y, shown below. The resulting fig. Y also reads upon claim 1 as diagrammed below.
Substrate 14
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fig. Y
For claim 6, Piascik teaches a surgical device in the form of a “medical implant” - page 7 line 17 to page 8 line 13 and page 10, lines 19-19,
a surgical device component a substrate 14 as part of a “medical implant”,
a hydrophobic coating (pg. 11 lines 13-14; pg. 12 line 7; fig. 2) at least partially covering the component of the surgical device,
wherein the hydrophobic coating is formed from coating molecules including;
a substrate bonding molecule chain (fig. 2 lower Si layer);
a hydrophobic molecule (fig. 2, upper Si layer with hydroxyl groups) bonded to a first end of the substrate bonding molecule chain;
a reactive end (fig. 2 lowest O layer) bonded to a second end of the substrate bonding molecule chain; wherein substrate bonding molecule chains are bonded to a surface of the component at the reactive end, and bonded to each other in a bond region adjacent to the surface of the component (fig. 2: middle O layer bonds adjacent Si atoms).
For claims 2-3, see Fig X or Fig Y above.
For claims 7-10 , see Fig Y above.
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) 4, 11 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Piascik et al. WO 2010/121101 and further in view of Ogawa US 5425989. Piascik makes use of other silanes including [3-(triethyoxysily)propyl]polysulfide as listed on page 11 line 20, a compound having the following structure shown below as fig. Z which makes use of carbon chain backbones (CH2)3 with a polysulfide linkage therebetween.
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fig. Z
When combined with figure 2 of Piascik, the resulting structure adds a siloxane linkage to connect to the surface of the substrate 14. The bonding molecule includes the reactive end and the polysulfide linkage, the hydrophobic molecule includes the hydrocarbons and silane molecule at the right end. Thus, the bonding material is longer than the hydrophobic material as in claim 1.
Piascik does not teach the inclusion of a fluoropolymer material as the hydrophobic molecule in his coating however Ogawa shows a silane backbone that includes a fluorocarbon for lubrication. It would have been obvious to substitute the hydrogen groups of the carbon backbone of the Piascik silane of fig. Z with fluorine molecules to improve lubrication when the medical implant is to be inserted into tissue such as bone for cementing the implant in place. Although the silane may have a reactive end for adhesion, lubrication would ease inserting the implant into the tissue and prevent damage to the bonding substrate while doing so.
For claim 12, see fig Z, substrate binding chain attached to siloxane link of substrate (similar to fig. Y) with substrate bonding material including 3 silicone molecule, 3 hydrocarbons and multiple polysulfide groups being longer than the 3 hydrocarbon groups with silicone molecule and ethylene groups of the hydrophobic molecule.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Piascik et al. WO 2010/121101 and further in view of Lowery et al US 2007/0225399. Piascik makes use of other silanes including [3-(triethyoxysily)propyl]polysulfide as listed on page 11 line 20, a compound having the following structure shown below as fig. Z which makes use of carbon chain backbones (CH2)3 with a polysulfide linkage therebetween. When combined with figure 2, the resulting structure adds a siloxane linkage to connect to the surface of the substrate. The bonding molecule includes the reactive end and the polysulfide linkage, the hydrophobic linkage includes the hydrocarbons and silane molecule at the end. Thus, the bonding material is longer than the hydrophobic material as in claim 1.
Applicant differs from Piascik in reciting that the hydrophobic molecule includes a siloxane backbone. Lowery is cited as showing (para. [0044]) that substituting siloxane molecule backbones for carbon backbones makes for a more flexible linkage. It would have been obvious at the time of Applicant’s invention to substitute a siloxane backbone for the hydrocarbon backbone of Piascik if more flexibility were desired when the implant surface of Piascik is adhered to tissue such as bone in the body wherein a more flexible bond may last longer than a more brittle bond between implant and the tissue surface to which the implant is adhered. Applicant’s specification merely lists the siloxane backbone substitution (see Applicant para. [0025]) as an alternative arrangement to the hydrocarbon backbone with no unexpected results.
Conclusion
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/MARK W. BOCKELMAN/ Primary Examiner, Art Unit 3792