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 .
Response to Arguments
Applicant's arguments filed February 11th, 2026 have been fully considered but they are not persuasive. Applicant argues that both pieces of prior art, Wright and Scott, teach “any possibility of adjusting the inclination of the stylus arm in the clamp assembly mean that the cutting assembly defined in current claim 1 is plainly novel in view of what is disclosed”. The Examiner respectfully disagrees with this assertion. Claim 1 as currently set forth requires “the assembly includes a connector arrangement which provides a physical connection between the reference and support surfaces to define the inclination of the support surface relative to the reference surface, and which can be adjusted to vary the inclination of the support surface relative to the reference surface”. The claim as currently constructed requires a connector arrangement which connects the reference and support surfaces to define the inclination of the support surface relative to the reference surface. The connector arrangement can be adjusted to vary the inclination. The both pieces of prior art are capable as the connector arrangements can be clamped and unclamped from the patella and repositioned to adjust the inclination of the cutting assembly. It appears that Applicant is attempting to argue that the connector arrangement has a mechanism by which one can adjust the inclination while the cutting assembly is actively clamped to the patella to reposition the connector arrangement which is different from how the claim is currently presented.
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.
Claims 1, 7, 14-16 and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wright et al. (US 2013/0030443).
Regarding claim 1, Wright et al. disclose a cutting assembly for resecting a patient's patella during knee surgery, which comprises a cutting instrument (¶92, ¶167) having a cutting head (660, figure 13) for cutting the patella on a selected resection plane (¶92, ¶167), a clamp (16) for a patella having opposing jaws (figure 3A) which can be moved towards one another to clamp the patella between them, the clamp providing a reference surface (178) for engaging the posterior surface of the patella, a support surface (142) for supporting the cutting head of the cutting instrument, thereby locating the cutting instrument relative to the clamp, in which the assembly includes a connector arrangement (see figure below) which provides a physical connection between the reference and support surfaces to define the inclination of the support surface relative to the reference surface (¶136), and which can be adjusted to vary the inclination of the support surface relative to the reference surface (¶136, ¶159). Regarding claim 7, Wright et al. disclose the connector arrangement defines the distance between the support surface and the reference surface (¶136, ¶159), and in which the distance between the support surface and the reference surface can be varied by adjusting the connector arrangement (¶136, ¶159).
Regarding claim 14, Wright et al. disclose the cutting head is a saw blade (660, figure 13). Regarding claim 15, Wright et al. disclose the clamp has a slot (466) formed in it which the saw blade can move in with a reciprocating action, and the support surface is provided within the slot (¶167-168, figure 13).
Regarding claim 16, Wright et al. disclose each of the support surface and the reference surface is approximately planar (figure 13).
Regarding claim 18, Wright et al. disclose a neutral connector insert (176) which can be mounted on or in relation to the clamp, and in which, when the neutral connector insert is mounted on or in relation to the clamp (figure 13), the plane defined by the reference surface is approximately parallel to the plane defined by the support surface (figure 13).
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Claims 1-2, 4-6, 8-9, 11-13, 17 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Scott et al. (US 7,566,335).
Regarding claim 1, Scott et al. disclose a cutting assembly for resecting a patient's patella during knee surgery, which comprises a cutting instrument (column 6, lines 6-15) having a cutting head (column 6, line 9) for cutting the patella on a selected resection plane, a clamp (104) for a patella having opposing jaws (114, 116) which can be moved towards one another to clamp the patella between them (column 7, lines 8-24), the clamp providing a reference surface (see figure below) for engaging the posterior surface of the patella, a support surface (see figure below) for supporting the cutting head of the cutting instrument, thereby locating the cutting instrument relative to the clamp, in which the assembly includes a connector arrangement (106 + 112) which provides a physical connection between the reference and support surfaces to define the inclination of the support surface relative to the reference surface (column 3, line 62 – column 4, line 10), and which can be adjusted to vary the inclination of the support surface relative to the reference surface (column 3, line 62 – column 4, line 10).
Regarding claim 2, Scott et al. disclose the connector arrangement comprises a plurality of connector inserts (see figure below) which can be mounted individually or in one or more combinations on or relative to the clamp, providing a physical connection between the reference and support surfaces which defines the inclination of the support surface relative to the reference surface (column 5, lines 49-50), and in which variation of the inclination of the support surface relative to the reference surface involves changing one or more of the connector inserts that are mounted on or relative to the clamp (column 5, lines 35-50). Regarding claim 4, Scott et al. disclose the clamp includes a mount (224a) and in which each of the connector inserts has a mount feature (see figure below) for engaging the mount to locate a selected connector insert on the clamp (column 5, lines 49-50, figures 7-8).
Regarding claim 5, Scott et al. disclose the mount feature on each of the connector inserts is a channel (see figure below), and the mount comprise a rod (see figure below), and in which a selected one of the connector inserts (224a) can engage the mount by sliding the rod in the channel formed in it can be mounted by sliding (if one so chooses)
Regarding claim 6, Scott et al. disclose the mount includes a latch feature (see figure below) which can be engaged by the selected one of the connector insert (224a) which has been slid fully along the rod so that further movement of the connector insert along the rod is inhibited.
Regarding claim 8, Scott et al. disclose the connector arrangement comprises a plurality of spacer inserts (166) which can be mounted individually or in one or more combinations on or relative to the clamp (figure 8), providing a physical connection between the reference and support surfaces (column 3, lines 62-65), and in which varying the distance between the support surface and the reference surface involves changing one or more of the spacer inserts that are mounted on or relative to the clamp (column 3, line 41 – column 5, line 10).
Regarding claim 9, Scott et al. disclose at least one of the support surface and the reference surface is provided by one of the spacer inserts when mounted on or in relation to the clamp (figure 8).
Regarding claim 11, Scott et al. disclose the clamp includes a mount (112/164) and in which each of the spacer inserts has a mount feature (166) for engaging the mount to locate a selected spacer insert on the clamp (column 3, lines 62-66).
Regarding claim 12, Scott et al. disclose the connector arrangement comprises a plurality of connector inserts (see figure below, figure 8) which can be mounted individually or in one or more combinations on or relative to the clamp, providing a physical connection between the reference and support surfaces which defines the inclination of the support surface relative to the reference surface (column 5, lines 49-50) so that the inclination of the support surface relative to the reference surface can be varied by changing one or more of the connector inserts (column 5, lines 35-50), and a plurality of spacer inserts (166’s) which can be mounted individually or in one or more combinations on or relative to the clamp (figure 8), providing a physical connection between the reference and support surfaces (column 3, lines 62-66) so that the distance between the support surface and the reference surface can be varied by changing one or more of the spacer inserts (column 3, line 41 – column 5, line 10), and in which each of the connector inserts and each of the spacer inserts has a mateable connector feature for connecting a selected connector insert and a selected spacer insert to one another (figures 7-8).
Regarding claim 13, Scott et al. disclose each of the support surface and the reference surface is approximately planar (figures 7-8) and which includes a first spacer insert and a second spacer insert, and in which the angle between the planes defined by the support and reference surfaces when the first spacer insert is connected to a selected connector insert is the same as the angle between the planes defined by the support and reference surfaces when the second spacer insert is connected to the selected connector insert (figure 7, column 5, lines 43-50, column 7, lines 10-24).
Regarding claim 17, Scott et al. disclose the connector arrangement comprises a first connector insert and a second connector insert (figure 8, column 7, lines 10-24), in which, when the first connector insert is mounted on or in relation to the clamp, the plane defined by the reference surface is approximately parallel to the plane defined by the support surface, and in which, when the second connector insert is mounted on or in relation to the clamp, the angle between the planes defined by the support and reference surfaces is greater than 0° (if one so chooses to angulate the support/reference surface column 5, lines 43-50 and column 7, lines 10-24).
Regarding claim 19, Scott et al. disclose the connector arrangement includes a primary insert (224a) which can be mounted on or in relation to the clamp so that, when the primary insert is mounted on or in relation to the clamp, the plane defined by the reference surface is parallel to the plane defined by the support surface (column 5, lines 49-50), and a plurality of spacer inserts (166’s) which can be mounted individually or in one or more combinations on or relative to the clamp (figure 8), providing a physical connection between the reference and support surfaces which defines the distance between the support surface and the reference surface (column 3, lines 62-66) so that the distance between the support surface and the reference surface can be varied by changing one or more of the spacer inserts (column 3, lines 41 – column 5, line 10), in which the distance between the reference and support surfaces when the primary insert is mounted on the clamp is greater than the greatest of the distances between the reference and support surfaces that are available when any of the spacer inserts are mounted on the clamp (if one so chooses as 112 can be fully extended away from the patella and 222 which supports the patella).
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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.
Claims 3 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Scott et al. (US 7,566,335) in view of Belcher et al. (US 2012/0310246).
Regarding claim 3, Scott et al. disclose the claimed invention except for the connector inserts having markings on them which are indicative of respective inclinations of the support surface relative to the reference surface. Belcher et al. discloses the use of a plurality of connector inserts (50a-50h) having markings on them (¶73, figure 2) for the purpose of confirming proper spacing and allowing for quick referencing to determine the desired spacing in millimeters.
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of filing to have constructed the connector inserts of Scott et al. to have markings on them as taught by Belcher et al. as the markings assist in confirming proper spacing and allowing for quick referencing to determine the desired spacing in millimeters.
Regarding claim 10, Scott et al. disclose the claimed invention except for the connector inserts having markings on them which are indicative of respective inclinations of the support surface relative to the reference surface. Belcher et al. discloses the use of a plurality of connector inserts (50a-50h) having markings on them (¶73, figure 2) for the purpose of confirming proper spacing and allowing for quick referencing to determine the desired spacing in millimeters.
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of filing to have constructed the connector inserts of Scott et al. to have markings on them as taught by Belcher et al. as the markings assist in confirming proper spacing and allowing for quick referencing to determine the desired spacing in millimeters.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW JAMES LAWSON whose telephone number is (571)270-7375. The examiner can normally be reached Mon - Fri 6:30-3:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anita Coupe can be reached at 571-270-3614. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW J LAWSON/Primary Examiner, Art Unit 3619