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 § 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 70-80 are rejected under 35 U.S.C. 103 as being unpatentable over Roon et al. (US 2022/0395376) in view of Picha et al. (US 2021/0128308).
Regarding claim 70, Poon et al. disclose a prosthesis for attachment to a glenoid comprising a baseplate body (100) that is a monolithic structure (figure 1A) and comprises a distal surface (105) and a proximal surface (102) opposite from the distal surface, wherein the proximal surface comprises a bone augment portion (601) that extends away from the distal surface and defines a bone-engaging surface (¶90) that is spaced apart from the distal surface; a post (110) extending from the bone augment, wherein the post comprises an outer surface (figure 1A).
Poon et al. fail to expressly teach or disclose the baseplate body being a metallic structure and the post comprising a plurality of porous surface portions. Picha et al. disclose a prosthesis for attachment to a glenoid (100/1001, figures 1, 18) made of a monolithic metallic structure (¶86) having a post (180) comprising a plurality of porous surface portions (188/190, figures 1, 18, ¶89, ¶105) as creating a porous surface to the post allows for migration and proliferation of osteoblasts and mesenchymal cells (¶81).
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of filing to have constructed the prosthesis of Poon et al. to include a baseplate body made of a metallic structure having a post formed with a plurality of porous surface portions as taught by Picha et al. as the porous surface to the post allows for migration and proliferation of osteoblasts and mesenchymal cells. Regarding claim 71, Poon et al. disclose the plurality of porous surface portions are raised from the outer surface of the post (figure 6 of Poon, figures 1, 18 of Picha). Regarding claim 72, Poon et al. disclose the bone augment portion is a porous structure (¶90 of Poon, ¶89, ¶105 of Picha). Regarding claim 73, Poon et al. in view of Picha et al. disclose the post has a length and the raised plurality of porous surface portions extend longitudinally along a substantial portion of the length of the post (figures 1, 18 of Picha). Regarding claim 74, Poon et al. disclose the bone-engaging surface is oriented at an oblique angle with respect to the distal surface of the baseplate body (figure 5, ¶87). Regarding claim 75, Poon et al. disclose the oblique angle is between 10 and 30 degrees (figure 5, ¶87).
Regarding claim 76, Poon et al. disclose the oblique angle is between 15 and 25 degrees (¶87, figure 5). Regarding claim 77, Poon et al. disclose the bone-engaging surface is a non-flat surface (figure 4, ¶82).
Regarding claim 78, Poon et al. disclose the bone-engaging surface is a spherical surface (figure 4, ¶82) Regarding claim 79, Poon et al. disclose the spherical surface has a radius of curvature that is within a range of 30 mm to 50 mm (figure 5, ¶82). Regarding claim 80, Poon et al. disclose the oblique angle is between 10 and 30 degrees (figure 5, ¶82).
Conclusion
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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/MATTHEW J LAWSON/Primary Examiner, Art Unit 3619
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