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 .
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.
Election/Restrictions
Applicant’s election without traverse of Species A in the reply filed on 08/05/2026 is acknowledged.
Response to Amendment
The amendment filed 08/05/2026 has been entered. Claims 1-15 remain pending in the
application. Claims 16-40 have been cancelled.
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 2-7 and 14-15 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.
Regarding Claim 2, the limitations “the slot located on the superior end side” and “the slot located on the inferior end side of the median line” are unclear, as there is insufficient antecedent basis for this limitation in the claim. There is no “slot located on the superior end side” nor a “slot located on the inferior end side of the median line”. Correction is required. Claims 3-7 and 14-15 are rejected based on their dependency to claim 2.
Regarding Claim 7, the introduction of the limitations “a superior end and an inferior end” is unclear, as there is already a “a superior end and an inferior end” introduced in claim 2. It is unclear whether claim 7 is referring back to the same superior and inferior ends recited in claim 2. Additionally, this makes the limitation “a median line” in line 2 unclear as clarity is not provided on what the superior and inferior ends are in this claim. For purposes of expedited prosecution, the Examiner is interpreting the Applicant to mean “the superior end and the inferior end”. Correction is required.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 7 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 7 does not introduce any new limitations that are already introduced in claim 2, a claim from which it depends on. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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 1-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20210030552 A1 (hereafter --Terrill--).
Regarding Claim 1, Terrill discloses a prosthetic implant for glenoid comprising: a baseplate configured to be anchored to a bone (see paragraphs [0044] and [0045]), the baseplate comprises: a bone-facing surface (see annotated bone facing surface in Figures 11 and 12 below); and a second surface opposite the bone-facing surface (see annotated bone facing and second surfaces in Figures 11 and 12 below), wherein the second surface is configured with a pair of slots for receiving and releasably coupling with a corresponding pair of parallel tabs provided on an articulating component (1200, see paragraph [0045], see annotated parallel tabs, pair of slots, and articulating component in Figures 11 and 12 below).
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Regarding Claim 2, Terrill discloses the prosthetic implant of claim 1, wherein the baseplate has a superior end and an inferior end corresponding to the glenoid's anatomical directions, with a median line defined halfway between the superior end and the inferior end (see annotated superior end and inferior end in Figure 12 above), wherein the slot located on the superior end side of the median line is located closer to the superior end than the median line and the slot located on the inferior end side of the median line is located closer to the inferior end than the median line (see annotated median line, superior end, and inferior end in Figure 12 above).
Regarding Claim 3, Terrill discloses the prosthetic implant of claim 2, wherein each of the pair of slots are straight and they are parallel to the median line (see annotated slots and median line in Figures 11 and 12 above).
Regarding Claim 4, Terrill discloses the prosthetic implant of claim 2, wherein each of the pair of slots have an outline with a curvature (see annotated slots in Figure 12 above).
Regarding Claim 5, Terrill discloses the prosthetic implant of claim 4, wherein the baseplate comprises a rim along the periphery of the second surface that extends away from the bone-facing surface and the curvature of the slot located on the superior end side of the median line is substantially parallel to the curvature of the rim along the superior end of the baseplate and the curvature of the slot located on the inferior end side of the median line is substantially parallel to the curvature of the rim along the inferior end of the baseplate (see annotated rim of the baseplate and curved outline of slots in Figure 12 below, the rim and the outline being parallel to one another).
Regarding Claim 6, Terrill discloses the prosthetic implant of claim 4, wherein the curvature of the slot located on the superior end side of the median line has a radius of curvature that is not less than radius of curvature of the rim along the superior end, and the curvature of the slot located on the inferior end side of the median line has a radius of curvature that is not less than radius of curvature of the rim along the inferior end (see annotated curvature of slots and curvature of rim in Figure 12, the two having the same radius of curvature as shown in the Figure).
Regarding Claim 7, Terrill discloses the prosthetic implant of claim 3, wherein the baseplate has a superior end and an inferior end corresponding to the glenoid's anatomical directions (see annotated superior and inferior end in Figure 12 above), with a median line defined halfway between the superior end and the inferior end and the median line is parallel to the pair of parallel slots (see annotated median line and slots in Figure 12 above); wherein one of the pair of slots is located on the superior end side of the median line and the other of the pair of slots is located on the inferior end side of the median line (see annotated median line and slots in Figure 12 above).
Regarding Claim 8, Terrill discloses the prosthetic implant of claim 1, wherein each of the pair of slots has an L-shaped a cross-section having an elbow portion, wherein the elbow portion of the L-shape pointing away from the other slot of the pair of slots (see annotated direction and L-shaped cross-section in Figure 13 below).
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Regarding Claim 9, Terrill discloses a prosthetic implant for glenoid comprising: a bearing component that comprises a bearing surface, a baseplate-facing surface, and a pair of parallel tabs provided on the baseplate-facing surface (see baseplate and bearing surfaces, as well tabs in Figure 11 below); and a baseplate (1300) configured to be anchored to a bone (see paragraph [0044] and [0045]), and comprising a bone-facing surface and a second surface opposite the bone-facing surface (see annotated second and bone-facing surfaces Figure 12 below), wherein the second surface is configured with a pair of parallel slots for receiving and engaging with the corresponding pair of parallel tabs for releasably coupling the bearing component to the baseplate (see annotated slots in Figure 12 below, see also paragraph [0045]).
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Regarding Claim 10, Terrill discloses the prosthetic implant of claim 9, wherein the baseplate has a superior end and an inferior end corresponding to the glenoid's anatomical directions (see annotated superior end and inferior end in Figure 12 above), with a median line defined halfway between the superior end and the inferior end and the median line is parallel to the pair of parallel slots; wherein one of the pair of parallel slots is located on the superior end side of the median line and the other of the pair of parallel slots is located on the inferior end side of the median line (see annotated median line, superior end, and inferior end in Figure 12 above).
Regarding Claim 11, Terrill discloses the prosthetic implant of claim 10, wherein the parallel slot located on the superior end side of the median line is located closer to the superior end than the median line and the parallel slot located on the inferior end side of the median line is located closer to the inferior end than the median line (see annotated slots, median line, superior end, and inferior end in Figure 12 above).
Regarding Claim 12, Terrill discloses the prosthetic implant of claim 10, wherein the bearing component is configured so that one of the pair of parallel tabs on the bearing component forms a snap-fit engagement with the corresponding one of the pair of parallel slots on the baseplate (see paragraph [0045]).
Regarding Claim 13, Terrill discloses the prosthetic implant of claim 12, wherein said tab that forms a snap-fit engagement is the one corresponding to the slot that is located on the superior end side of the median line on the baseplate (see annotated superior side, slot, and tab in Figure 12 above, see also paragraph [0045]).
Claims 1-7 and 9-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 8480750 B2 (hereafter --Long--).
Regarding Claim 1, Long discloses a prosthetic implant for glenoid comprising: a baseplate configured to be anchored to a bone (see Abstract), the baseplate (12) comprises: a bone-facing surface (see annotated bone facing surface in Figure 1 below); and a second surface opposite the bone-facing surface (see annotated bone facing and second surfaces in Figures 1 and 2 below), wherein the second surface is configured with a pair of slots for receiving and releasably coupling with a corresponding pair of parallel tabs provided on an articulating component (14, see column 3, lines 59-63, see also annotated parallel tabs, pair of slots, and articulating component in Figures 1-3 below).
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Regarding Claim 2, Long discloses the prosthetic implant of claim 1, wherein the baseplate has a superior end and an inferior end corresponding to the glenoid's anatomical directions, with a median line defined halfway between the superior end and the inferior end (see annotated superior end and inferior end in Figure 2 above), wherein the slot located on the superior end side of the median line is located closer to the superior end than the median line and the slot located on the inferior end side of the median line is located closer to the inferior end than the median line (see annotated median line, superior end, and inferior end in Figure 2 above).
Regarding Claim 3, Long discloses the prosthetic implant of claim 2, wherein each of the pair of slots are straight and they are parallel to the median line (see annotated slots and median line in Figures 1-3 below).
Regarding Claim 4, Terrill discloses the prosthetic implant of claim 2, wherein each of the pair of slots have an outline with a curvature (see annotated slots in Figure 2 above).
Regarding Claim 5, Terrill discloses the prosthetic implant of claim 4, wherein the baseplate comprises a rim along the periphery of the second surface that extends away from the bone-facing surface and the curvature of the slot located on the superior end side of the median line is substantially parallel to the curvature of the rim along the superior end of the baseplate and the curvature of the slot located on the inferior end side of the median line is substantially parallel to the curvature of the rim along the inferior end of the baseplate (see annotated baseplate and slots in Figure 2 above, the rim and the outline being parallel to one another as the slots are along the rim).
Regarding Claim 6, Terrill discloses the prosthetic implant of claim 4, wherein the curvature of the slot located on the superior end side of the median line has a radius of curvature that is not less than radius of curvature of the rim along the superior end, and the curvature of the slot located on the inferior end side of the median line has a radius of curvature that is not less than radius of curvature of the rim along the inferior end (see annotated slots, baseplate, and second surface in Figure 2, the two having the same radius of curvature as shown in the Figure 2 above as the slots are along the edge of the baseplate, which is where the rim also is).
Regarding Claim 7, Terrill discloses the prosthetic implant of claim 3, wherein the baseplate has a superior end and an inferior end corresponding to the glenoid's anatomical directions (see annotated superior and inferior end in Figure 2 above), with a median line defined halfway between the superior end and the inferior end and the median line is parallel to the pair of parallel slots (see annotated median line and slots in Figure 2 above); wherein one of the pair of slots is located on the superior end side of the median line and the other of the pair of slots is located on the inferior end side of the median line (see annotated median line and slots in Figure 2 above).
Regarding Claim 9, Terrill discloses a prosthetic implant for glenoid comprising: a bearing component (14) that comprises a bearing surface, a baseplate-facing surface, and a pair of parallel tabs provided on the baseplate-facing surface (see baseplate and bearing surfaces, as well tabs in Figure 3 below); and a baseplate (12) configured to be anchored to a bone (see Abstract), and comprising a bone-facing surface and a second surface opposite the bone-facing surface (see annotated second and bone-facing surfaces Figure 2 below), wherein the second surface is configured with a pair of parallel slots for receiving and engaging with the corresponding pair of parallel tabs for releasably coupling the bearing component to the baseplate (see annotated slots and tabs in Figures 2 and 3 below, see also column 3, lines 59-63).
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Regarding Claim 10, Terrill discloses the prosthetic implant of claim 9, wherein the baseplate has a superior end and an inferior end corresponding to the glenoid's anatomical directions (see annotated superior end and inferior end in Figure 2 above), with a median line defined halfway between the superior end and the inferior end and the median line is parallel to the pair of parallel slots; wherein one of the pair of parallel slots is located on the superior end side of the median line and the other of the pair of parallel slots is located on the inferior end side of the median line (see annotated median line, superior end, and inferior end in Figure 2 above).
Regarding Claim 11, Terrill discloses the prosthetic implant of claim 10, wherein the parallel slot located on the superior end side of the median line is located closer to the superior end than the median line and the parallel slot located on the inferior end side of the median line is located closer to the inferior end than the median line (see annotated slots, median line, superior end, and inferior end in Figure 2 above).
Regarding Claim 12, Terrill discloses the prosthetic implant of claim 10, wherein the bearing component is configured so that one of the pair of parallel tabs on the bearing component forms a snap-fit engagement with the corresponding one of the pair of parallel slots on the baseplate (see column 3, lines 59-63).
Regarding Claim 13, Terrill discloses the prosthetic implant of claim 12, wherein said tab that forms a snap-fit engagement is the one corresponding to the slot that is located on the superior end side of the median line on the baseplate (see annotated superior side, slot, and tab in Figure 2 above, see also column 3, lines 59-63).Regarding Claim 14, Long discloses prosthetic implant of claim 3, wherein the baseplate has an anterior side and a posterior side corresponding to the glenoid's anatomical directions (see annotated posterior and anterior side in Figure 2 above), wherein the pair of parallel slots on the baseplate are open to one of said two sides of the baseplate such that the bearing component can be releasably coupled to the baseplate by sliding the corresponding pair of parallel tabs on the bearing component into the pair of parallel slots from the open side (see annotated posterior and anterior sides in Figure 2 above having open portions of the slot, the tabs being able to be slid into the sides of the slots from either side).
Regarding Claim 15, Long discloses the prosthetic implant of claim 14, wherein the baseplate-facing surfaces of the bearing component and the second surface of the baseplate are configured to form an interference fit when the bearing component is fully seated in the baseplate, thereby preventing the bearing component from unintentionally being disengaged (see column 3, lines 59-63).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20120277880 A1: This reference discloses a prosthetic implant for glenoid comprising: a baseplate configured to be anchored to a bone (see paragraph [0051] denoting that the component 104 gets secured to the anatomy, see paragraph [0052] an example of the anatomy being a glenohumeral joint), the baseplate comprises: a bone-facing surface (see annotated bone facing surface in Figure 6 below, see also ; and a second surface opposite the bone-facing surface (see annotated bone facing and second surfaces in Figure 6 below), wherein the second surface is configured with a pair of slots (126) for receiving and releasably coupling with a corresponding pair of parallel tabs (112) provided on an articulating component (102, see paragraph [0044] denoting component 102 articulates with a humeral head, see annotated parallel tabs, pair of slots, and articulating component in Figure 6 below), and wherein each of the pair of slots are straight and they are parallel to the median line (see annotated slots and median line in Figure 6 below).
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to PARIS MARIE BLASS whose telephone number is (703)756-5375. The examiner can normally be reached Monday - Thursday 9 a.m. - 7 p.m. ET.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Melanie Tyson can be reached at 571-272-9062. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PARIS MARIE BLASS/Examiner, Art Unit 3774
/SARAH W ALEMAN/Primary Examiner, Art Unit 3774
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