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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. If this application names joint inventors, Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1 and 2 are rejected under 35 U.S.C. 103 as being unpatentable over 3B® Human Muscular and Ligamentous Skeleton (as evidenced by HMLS.pdf) in view of Owens, Jr. (US 2021/0280086 A1).
Regarding claim 1, HMLS discloses an animal stifle teaching model (p. 1) comprising a tibia member, a fibula member and a femur member assembled in anatomical spatial relationship to one another (p. 2), a plurality of ligament members extending among the tibia member, fibula member, and femur member to restrain the tibia member (p. 2), fibula member, and femur member in the anatomical spatial relationship (p. 2). Owens suggests—where HMLS does not disclose—an adjustment mechanism configured for selective adjustment to loosen and tighten at least one of the plurality of ligament members (¶ [0021]: tensionable strings or elastic
cords are threaded facilitating user control of relative joint stiffness). It would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the invention to combine the disclosures of HMLS and Owens in order to demonstrate realistic skeletal movements.
Regarding claim 2, Owens suggests—where HMLS does not disclose—the adjustment mechanism comprising a cord extending from a first one of the tibia member and the femur member and secured to a second one of the tibia member and the femur member (¶ [0032]: legs are attached to the pelvis with bungee cords running through the femur heads and into the acetabula). It would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the invention to combine the disclosures of HMLS and Owens in order to demonstrate realistic skeletal movements.
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Allowable Subject Matter
Claims 3-20 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.
Conclusion
The prior art considered pertinent to applicant's disclosure and not relied upon is made of record on the attached PTO-892 form.
Bohl (US 11033336 B2) discloses a simulated spine model.
Divinagracia (US 20110027767 A1) discloses an anthropomorphic mannequin.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVE ROWLAND whose telephone number is (469) 295-9129. The examiner can normally be reached on M-Th 10-8. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor Dmitry Suhol can be reached at (571) 272-4430. The fax number for the organization where this application or proceeding is assigned is (571) 273-8300.
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.
Applicant may choose, at his or her discretion, to correspond with Examiner via Internet e-mail. A paper copy of any and all email correspondence will be placed in the appropriate patent application file. Email communication must be authorized in advance. Without a written authorization by applicant in place, the USPTO will not respond via e-mail to any correspondence which contains information subject to the confidentiality requirement as set forth in 35 U.S.C. 122.
Authorization may be perfected by submitting, on a separate paper, the following (or similar) disclaimer:
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Recognizing that Internet communications are not secure, I hereby authorize the USPTO to communicate with me concerning any subject matter of this application by electronic mail. I understand that a copy of these communications will be made of record in the application file.
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See MPEP 502.03 for more information.
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/STEVE ROWLAND/Primary Examiner, Art Unit 3715
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