DETAILED ACTION
This is the first office action on the merits in this application. The claims of September 30, 2024, are under consideration. Claims 1-16 are pending.
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 § 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.
Claim(s) 1, 2 and 5-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Petersen (US 5,129,908).
Regarding claim 1, Petersen teaches a patella clamping device as at fig. 1 comprising:
a first clamping section 45;
a second clamping section 70; and
a main body 11/12,
the main body 11/12 having a distal end which constitutes the first clamping section 45 and having a proximal end which includes a gripping section to be gripped by a surgeon (the proximal portion of 11 is formed as a handle),
the main body 11/12 further having a pivot bearing 17 defining a pivot axis (through 17, see fig. 2) of the second clamping section 70,
the second clamping section 70 being pivotably movable with respect to the main body 11/12 by an actuating mechanism 14,
the actuating mechanism 14 comprising a lever 13 to be activated by the surgeon such that clamping of a patella involves an initial engagement of the first clamping section 45 with the patella 110 and a subsequent movement of the second clamping section 70 relative to the main body 11/12 until the second clamping section 70 engages with the patella as in fig. 1.
Regarding claim 2, the first clamping section 45 extends along an arc covering a clamping angle of at least 120° as in fig. 1.
Regarding claim 5, the second clamping section 70 extends along a straight axis (up/down in fig. 1).
Regarding claim 6, the second clamping section 70 includes a resection slot 77 configured to insert a resection tool (reamer 100).
Regarding claim 7, the first clamping section and the second clamping section define a clamping plane that is parallel with or coincides with a resection plane defined by the resection slot (the resection to be performed by 100 will be parallel to a surface between 70 and 47).
Regarding claim 8, the first clamping section includes at least one row of clamping teeth 51.
Regarding claim 9, the main body 11/12 comprises an additional pivot bearing 23 defining a pivot axis of the lever 13.
Regarding claim 10, the lever 13 and the second clamping section 70 are coupled to each other via at least one transmission element 56.
Regarding claim 11, the at least one transmission element 56 comprises a rotary sliding joint 57.
Regarding claim 12, the actuating mechanism 14 comprises a biasing element 35 biasing the second clamping section 70 in an open position and against a clamping position as seen in fig. 1.
Regarding claim 13, the biasing element 35 is a leaf spring.
Regarding claim 14, the main body 11/12 comprises an attachment mechanism 63/72 for attaching an abutment element 53 defining an abutment plane (distal plane of 53, to which 70 is attached) that is parallel to a resection plane of the patella (the plane reamed by 100).
Regarding claim 15 the attachment mechanism 63/72 comprises a linear guide 72 for guiding a stylus (portion of 59 which interacts with the slot 72) along an adjustment axis (along slot 72) extending perpendicular to the resection plane (where 100 reams the patella), the stylus carrying the abutment element 53 (when attached with the screw 63).
Regarding claim 16, the linear guide 72 comprises a first opening and a second opening facing away from each other (a top end of 72 and a bottom end of 72 are considered to be two openings facing away from one another), the stylus (portion of 59 which interacts with 72) configured for insertion into either the first opening or the second opening of 72.
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.
Claim(s) 3 and 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Petersen.
Regarding claims 3 and 4, wherein the first clamping section 45 extends along an arc but the amount of the arc is not specified and not taught being at least 140 or at least 160 degrees.
The instant specification has been explored for reasons for this clamping angle. The relevant discussion appears to be at p. 2, lines 25-30. The disclosure indicates that greater than 120 is one of the options which is considered a “wide clamping angle” for providing “a shell-like structure surrounding a portion of the patella”. Examiner’s interpretation of this disclosure is that all three variants are functionally equivalent for the purpose of surrounding a patella with a wide clamping angle and providing a shell-like structure therearound. It appears that this disclosure is stating that all three arc angles are functionally equivalent for the purpose of doing so.
It is examiner’s position that selection of a particular arc angle of 45 is a matter of design choice, which can be modified for purposes of particular patient anatomy, size and structure. Further, it is examiner’s position that modification of the shape of 45 to any of the claimed shapes is a matter of selection between different functionally equivalent designs. Examiner is of the position that modification of the arc of 45 to any of various angles would have been an obvious modification for the purposes of forming the Petersen device in order to accommodate particular patient anatomies.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to David Bates whose telephone number is (571)270-7034. The examiner can normally be reached Monday through Friday, 10AM-6PM
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/DAVID W BATES/ Primary Examiner, Art Unit 3799