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 .
Election/Restrictions
Claims 6-9 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 05/15/2026.
Applicant's election with traverse of claims 1-5 and 10-20 in the reply filed on 05/15/2026 is acknowledged. The traversal is on the ground(s) that species A is compatible with species B and C; and shares common features with Species B and C. This is not found persuasive because while species A is compatible as alleged, each species requires differing search strategies to correspond with the divergent defining species features. Species B contains the mutually exclusive element of a membrane. Species C contains the mutually exclusive element of a sensor. Therefore, searching for species B and C would involve different search queries including different text searching, and application of different art references due to these mutually exclusive characteristics. In addition, non-prior art issues under 35 U.S.C. 101, pre-AIA 35 U.S.C. 112, first paragraph, and/or 35 U.S.C. 112(a) maybe relevant to one species or grouping of patentably indistinct species that are not relevant to the other species or grouping(s) of patentably indistinct species.
This election is hereby made FINAL. Claims 1-5 and 10-20 remain pending and are examined below.
Claim Objections
Claim 20 is objected to because of the following informalities: There is a typographical error in the following limitation: “the exterior surface of the annular body comprising a posterior surface that is angle[d] obliquely outward from an axis of the socket”. Please correct angle to “angled”.
Appropriate correction is required.
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, 5, and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Magagnoli et al. WO 2017098316 A1, herein referred to as Magagnoli.
Regarding claim 1, Magagnoli discloses an anchoring component (4) for implanting with a prosthetic component (1), the anchoring component comprising: an annular body (3) comprising an interior surface defining a socket (cavity defined by H) for receiving a stem (stem S) of the prosthetic component and an exterior surface for engaging bone (pgs 7-8 lines 30-2); an internal void (cavity for 4) within the annular body; and a functional component (Figs 1-2, antibiotic filler 4’; see pg 11) disposed within the internal void to provide supplemental functionality to the anchoring component (pg 11, lines 2-7).
Regarding claim 2, Magagnoli discloses wherein the functional component comprises a treatment fluid (pg 11, lines 2-7).
Regarding claim 3, Magagnoli discloses further comprising a passage (Fig 2, A) extending into the exterior surface to intersect the internal void.
Regarding claim 5, Magagnoli discloses wherein the treatment fluid comprises at least one of a drug, a biologics, a bone-growth promoting material, an antibiotic material, an infection preventing medium, a bone autograft material and a bone allograft material (pg 11, lines 2-7).
Regarding claim 10, Magagnoli discloses further comprising a plurality of internal voids (F).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 4, 11-18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Magagnoli in view of Yoko et al. US 20190038417 A1, herein referred to as Yoko.
Regarding claim 4, Magagnoli discloses the anchoring component of claim 3, but is silent as to further comprising a plug positioned within the passage to limit or inhibit egress of fluid out of the internal void.
However, in the same field of endeavor, Yoko discloses an anchoring component (Fig 1, 16/14) for implanting with a prosthetic component ([0007]), the anchoring component comprising: an annular body (32) comprising an interior surface defining a socket (38).
Yoko teaches further comprising a plug (Fig 5, tibial stem 14/accompanying bone cement, see [0031]) positioned within the passage to limit or inhibit egress of fluid out of the internal void ([0031] sealing of adjacent channels with bone cement and stem 14 are capable of inhibiting fluid).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention modify Magagnoli to incorporate further comprising a plug positioned within the passage to limit or inhibit egress of fluid out of the internal void, as taught and suggested by Yoko in order to fix the implant in with neighboring bone components (Yoko [0031]).
Regarding claim 11, Magagnoli discloses wherein the annular body comprises: an outer porous component (porous coating taught see pg 22, lines 1-13).
However, Magagnoli does not explicitly disclose wherein the annular body comprises: an inner solid component.
Yoko teaches wherein the annular body comprises (32): an inner solid component (Fig 1, side view shows solid inner component of 32).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention modify Magagnoli to incorporate wherein the annular body comprises: an inner solid component, as taught and suggested in order to promote the growth of bone adjacent to the implant (Yoko [0021]
Regarding claim 12, Magagnoli does not disclose wherein the inner solid component comprises: an inner surface defining the socket; and an outer surface; wherein the internal void is disposed between the inner surface and the outer surface.
Yoko teaches wherein [an] inner solid (36) component comprises: an inner surface defining the socket (inner wall of 38); and an outer surface (36 that abuts 32); wherein the internal void (84a) is disposed between the inner surface and the outer surface (Fig 1)
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention modify Magagnoli to incorporate an inner surface defining the socket; and an outer surface; wherein the internal void is disposed between the inner surface and the outer surface, as taught and suggested by Yoko in order to allow coupling with other components (Yoko [0036]).
Regarding claim 13, Yoko discloses wherein the internal void is bounded by material of the inner solid component (Fig 7).
Regarding claim 14, Magagnoli does not disclose further comprising a passage extending from the exterior surface of the anchoring component to the internal void.
Yoko teaches further comprising a passage (Fig 7, opening 84a) extending from the exterior surface of the anchoring component to the internal void (Fig 7).
Regarding claim 15, Yoko teaches wherein the internal void extends from an upper surface of the inner solid component to a lower surface of the inner solid component (top and bottom of 36).
Regarding claim 16, Magagnoli discloses wherein the internal void (Fig 1-4, cavity for 4) extends into the outer surface to be in communication with outer porous component (pg 12, lines 5-9), the outer porous component having a porosity to allow fluid to pass therethrough (pg 12 lines 18-19). Magagnoli does not disclose teaches wherein the inner solid component comprises: an inner surface defining the socket; and an outer surface.
Yoko teaches wherein the inner solid (36) component comprises: an inner surface defining the socket (inner wall of 38); and an outer surface (36 that abuts 32).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention modify Magagnoli to incorporate teaches wherein the inner solid component comprises: an inner surface defining the socket; and an outer surface, as taught and suggested by Yoko in order to allow coupling with other components (Yoko [0036]).
Regarding claim 17, Magagnoli does not disclose further comprising a passage extending from the exterior surface of the anchoring component to the internal void.
Yoko teaches further comprising a passage (Fig 7, opening 84a) extending from the exterior surface of the anchoring component to the internal void through the inner solid component (Fig 7).
Regarding claim 18, Magagnoli does not disclose further comprising the outer porous component (Fig, 7; pg 12, lines 5-9).
However, Maganoli does not disclose an aperture extending from the exterior surface of the anchoring component to the internal void through.
Yoko teaches discloses further comprising an aperture (Fig 7, opening 84a) extending from the exterior surface of the anchoring component to the internal void through the outer porous component (porous surface 32).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Magagnoli, to incorporate further comprising an aperture extending from the exterior surface of the anchoring component to the internal void through the outer porous component, as taught and suggested by Yoko in order to receive bone cement (Yoko [0038]).
Regarding claim 20, Magagnoli does not disclose wherein the anchoring component comprises a sleeve configured for positioning around a stem of a tibial implant, the exterior surface of the annular body comprising a posterior surface that is angle[d] obliquely outward from an axis of the socket.
Yoko teaches wherein the anchoring component comprises a sleeve (16) configured for positioning around a stem of a tibial implant ([0019-0020]), the exterior surface of the annular body comprising a posterior surface that is angled obliquely outward from an axis of the socket (Fig 1).
Therefore, one of ordinary skill in the art would have known prior to the effective filling date of the claimed invention to modify anchoring component of Magagnoli incorporate wherein the anchoring component comprises a sleeve configured for positioning around a stem of a tibial implant, the exterior surface of the annular body comprising a posterior surface that is angle[d] obliquely outward from an axis of the socket, as taught and suggested by Yoko in order to secure the implant (Yoko [0020]).
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Magagnoli in view of Yoko, and further in view of Steinberg et al. 20090234453 A1, herein referred to as Steinberg.
Regarding claim 19, Magagnoli as modified does not disclose further comprising a central void at least partially circumscribing the socket between upper and lower surfaces of the inner solid component, the central void intersecting the internal void.
Steinberg discloses an implantable anchoring (Figs 7a-b, 208) component. Steinberg further teaches further comprising a central void (see annotated Fig 2 below) at least partially circumscribing the socket between upper and lower surfaces (top and bottom of 208) of the inner solid component (see annotated Fig below), the central void intersecting the internal void (see annotated Fig below).
Therefore, one of ordinary skill in the art would have known prior to the effective filling date of the claimed invention to modify anchoring component of Magagnoli as modified by Yoko to a central void at least partially circumscribing the socket between upper and lower surfaces of the inner solid component, the central void intersecting the internal void et, as taught and suggested by Steinberg in order to allow bone grow within said voids (Steinberg [0222]).
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Adrian Flores whose telephone number is (571)272-1450. The examiner can normally be reached M-F, 9-5.
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/A.F./Patent Examiner, Art Unit 3774
/KATRINA M STRANSKY/Primary Examiner, Art Unit 3700
