DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 9/12/2025 has been entered.
Response to Arguments
Applicant's amendments and arguments filed 9/12/2025 have been fully considered and overcame the previous rejection relying on Tarabishy.
Claim Interpretation
Claim 91 claims, “said artificial acetabulum surface comprises at least two parts which are adapted to be interconnected to form an interconnected medical device when in use.
It is the examiner interpretation that the two parts are separate and not connected before assembly. For example, claim 91 does not read on applicant’s embodiment shown in figure 24.
Claim Objections
Claim 104 is objected to because of the following informalities: “a locking member’ is already claimed in claim 1. Please clarify if this is the same or different locking member by renaming it according to the specification. Additionally, please direct to the drawings. Appropriate correction is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of pre-AIA 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) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for a patent.
(e) the invention was described in (1) an application for patent, published under section 122(b), by another filed in the United States before the invention by the applicant for patent or (2) a patent granted on an application for patent by another filed in the United States before the invention by the applicant for patent, except that an international application filed under the treaty defined in section 351(a) shall have the effects for purposes of this subsection of an application filed in the United States only if the international application designated the United States and was published under Article 21(2) of such treaty in the English language.
Claims 91-98 and 103-106 are rejected under pre-AIA 35 U.S.C. 102(a) or (e) as being anticipated by Howald et al (2009/0187252).
Referring to all embodiments, Howald et al teaches a medical device system for implantation in a hip joint for providing at least one artificial hip joint surface for a patient (see the figure below and at least the abstract), the medical device system comprising:
an artificial acetabulum surface (panels 15,21) being at least partly bowl-shaped (shown below, abstract teaches cup-shaped or cap-shaped) and comprising:
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a largest cross-sectional distance (shown above) being variable (see claim 18 teaching the panels are deformable; also see par. 0014) such that the medical device system can be inserted through a hole in the pelvic bone (see figure 2 showing the system inserted through a channel, see par. 0025 teaching the channel can be in the joint socket or articular head), from the abdominal side of the pelvic bone (joint socket), the hole having a diameter smaller than said largest cross-sectional distance (as shown in figure 2; also see par. 0025);
said artificial acetabulum surface comprises at least two parts (first part 15, 21; second part (sealing gasket 25 of 17, 23)) which are adapted to be interconnected to form an interconnected medical device when in use.
wherein a first part (15, 21) of the at least two parts is at least partly bowl-shaped (discussed above) and comprising a flexible material (see at least par. 0014) such that at least a portion of the first part is configured to be flexed to change said largest cross-sectional distance (discussed above), and said second part of the at least two parts is a locking member (25 of 17, 23) configured to restrict flexing in at least one direction of said first part when use (due to additional material and its material characteristics).
Claim 92, said at least two parts are adapted to mechanically connect by at least: form fitting.
Claim 93, said two parts are rotated into place during delivery interpreted as “rotatably connected to each other”; the sealing gasket (25 of 17, 23) is formed of the flexible panel (17, 23), and, therefore is rotatably connected to each other and rotates into place during delivery.
Claim 94, wherein said medical device has a first state adapted for the insertion in the hip joint through a hole, and a second state adapted to enable the artificial hip joint surface to function as a functional surface as discussed above. Said medical device is further adapted to alter between said first and second state by means of said rotatable connection (rotation of 25 of 17, 23).
Claims 95-96, the first part (15, 21) is adapted to serve as a base part to which at least one additional part (sealing gasket 25 of 15, 21) can be connected and is at the center thereof.
Claim 97, see artificial caput femur surface (17, 23).
Claim 98, as shown in the included figures above, the artificial acetabulum surface is fully capable “travel beyond the maximum diameter of the caput femur”.
Claims 103 and 106, the caput femur surface (17, 23) is hollow as shown and is adapted to be placed onto the caput femur as shown above. All other limitations for claim 106 are addressed for claim 91.
Claims 104-105, the locking member as described above does lock the functional opening prevents expansion to some degree.
Allowable Subject Matter
Claims 99-102 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.
The following is an examiner’s statement of reasons for allowance: Howald et al is considered the most relavent prior art of record as described in the rejection above. However, Howald et al fails to teach the combination of claims 91 and dependent claims:
99. The medical device system of claim 97, further comprising a prosthetic stem adapted to fixate the artificial caput femur surface to a femoral bone.
100. The medical device system of claim 97, further comprising a fixating member adapted to fixate the artificial caput femur surface to a collum femur.
101. The medical device system of claim 97, further comprising a stabilizing member adapted to stabilize the artificial caput femur surface from an outside of a collum femur.
102. The medical system of claim 91, wherein the at least two parts are separated parts that are adapted to be interconnected by means of a dovetail joint.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRUCE EDWARD SNOW whose telephone number is (571)272-4759. The examiner can normally be reached 7:30 am - 5:00 pm Monday through Thursday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Melanie Tyson can be reached on 5712729062. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRUCE E SNOW/ Primary Examiner, Art Unit 3774