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 applicant regards as his invention.
Claims 9 , 13-22 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.
Claim 9 recites the limitation "the locking mechanism" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 13 recites the limitation "the pivoting assembly " in line 10. There is insufficient antecedent basis for this limitation in the claim.
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) 1-2, 4-5, 10-14, 19-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Calton (US 20050049603 A1).
Calton discloses a pivoting tibial resection guide fig. 1 comprising: a body 20, a pivoting recess 22 extending laterally into the body, the pivoting recess further comprising one or more anterior openings 32, 34, the one or more anterior openings communicating with the pivoting recess 22, and multiple pin holes 112 extending anteroposteriorly through the body; and a pivoting assembly 40 disposed within the pivoting recess, the pivoting assembly comprising one or more complimentary tibial engagement members 42, 44 communicating with the one or more anterior openings 32, 34 in the body, and wherein the pivoting assembly is closely dimensioned to rotate 500, fig. 4 axially within the pivoting recess relative to the body, wherein the one or more tibial engagement members is selected from the group consisting essentially of a tibial engagement hole 32, 34, wherein the one or more tibial engagement members comprises at least two tibial engagement holes 32, 34, and wherein the at least two tibial engagement holes are dimensioned to receive tibial linking pins, wherein axial rotation within the pivoting recess permits the body to be rotated relative to the pivoting assembly to define the desired posterior slope angle in a range of minus three degrees to plus 10 degrees relative to the tibial linking pins fig. 4, 5, wherein the multiple pin holes further comprise standard pin holes, It is known in the art that the multiple pin holes can be a divergent fixation pin receiving hole, wherein the body further defines a linear resection slot 140 extending transversely and anteroposteriorly through the body.
the pivoting guide comprising: a first end laterally disposed from a second end, and one or more complimentary tibial engagement members 42, 44 disposed between the first end and the second end, wherein the one or more complimentary tibial engagement members communicates with the one or more anterior openings 32, 34 in the body, and wherein the pivoting assembly is closely dimensioned to rotate axially within the pivoting recess relative to the body.
Allowable Subject Matter
Claims 3, 6-8 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
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.
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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.
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/SAMEH R BOLES/Primary Examiner, Art Unit 3775
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