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 .
Priority
The priority date is 16 October 2023.
Claim Objections
Claims 2 and 10 are objected to because of the following informalities: grammar. Appropriate correction is required. The following amendments are suggested:
Claim 2 / lines 1-2: “the holding plane is configured to be parallel to or coincide with”
Claim 10 / line 2: “protrusion [[is]] arranged”
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 3-6 are rejected under 35 U.S.C. 112(b) 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.
As to claims 3-6, the limitations “pivot axes” render the claims indefinite because it is unclear if these refer back to the rotation axes previously recited in claim 1, or to different pivot axes. For examination purposes, the limitations will be interpreted in the former instance, as the rotation axes (e.g. at least 8 rotation axes, etc.).
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-13 are rejected under 35 U.S.C. 102(a)(1)/(2) as anticipated by U.S. Patent No. 2,921,489 to Schweitzer.
As to claim 1, Schweitzer discloses a patella holding device for holding a patella in a holding plane (interpreted as language of intended use; the holding device is fully capable of being a patella holding device for holding a patella by encircling the patella and holding it in a holding plane interior to the device), the patella holding device comprising: a first gripping element (31 including 36) (col. 2 / lines 17-21); a second gripping element (12) (col. 1 / lines 48-53); and a chain that connects the first gripping element to the second gripping element (the chain connects outer ends of the gripping elements to each other), the chain comprising first chain links (the narrower links shown in FIG. 1, including 42, 67, and 68 and the other unnumbered alternating links between and connecting 56-60) and second chain links (the wider links in FIG. 1, including 43 and 56-60 and the other unnumbered alternating links) that are movable relative to the first chain links about rotation axes (at pivot pins) that are perpendicular to the holding plane (plane of protrusions 62-66 that perform the holding), FIGS. 1 and 4.
As to claim 2, Schweitzer discloses the patella holding device according to claim 1, wherein the holding plane is parallel or coincides with a plane defined by a medio-lateral axis and a proximal-distal axis of the patella (interpreted as language of intended use; the holding plane is fully capable of being parallel or coincides with a plane defined by a medio-lateral axis and a proximal-distal axis of the patella when the patella is held by the chain in such an orientation).
As to claim 3, Schweitzer discloses the patella holding device according to claim 1, wherein the chain comprises at least 8 pivot axes, FIG. 1.
As to claim 4, Schweitzer discloses the patella holding device according to claim 1, wherein the chain comprises at least 12 pivot axes, FIG. 1.
As to claim 5, Schweitzer discloses the patella holding device according to claim 1, wherein the chain comprises at least 16 pivot axes (including the axes of the pins connecting the chain to 31 and 12), FIG. 1.
As to claim 6, Schweitzer discloses the patella holding device according to claim 1, wherein the chain comprises at most 20 pivot axes (comprises less than 20 pivot axes), FIG. 1.
As to claim 7, Schweitzer discloses the patella holding device according to claim 1, wherein: the first chain links are configured as outer links (each first chain link sandwiches an adjacent second chain link, FIG. 4, so that the first chain links are outside the second chain links, i.e. outer links), the second chain links are configured as inner links (as sandwiched by the first chain links), and the outer links and the inner links are arranged in an alternate manner, FIG. 1.
As to claim 8, Schweitzer discloses the patella holding device according to claim 1, wherein at least some of the first chain links have first outer surfaces (top surfaces of 67 and 68 in FIG. 4) that together define a support plane for supporting a resection tool (the first outer surfaces of the first chain links define a support plane which is fully capable of supporting a resection tool which can slide in the support plane along the first outer surface of one of the first chain links).
As to claim 9, Schweitzer discloses the patella holding device according to claim 8, wherein at least some of the first chain links have second outer surfaces (bottom surfaces of 67 and 68 in FIG. 4) that together define a second support plane for supporting a resection tool (the second outer surfaces of the first chain links define a second support plane which is fully capable of supporting a resection tool which can slide in the second support plane along the second outer surface of one of the first chain links), the second outer surfaces being parallel to the first outer surfaces, FIG. 4.
As to claim 10, Schweitzer discloses the patella holding device according to claim 1, wherein at least some of the second chain links (56-60) comprise at least one protrusion (62-66) is arranged within the holding plane and configured to engage with the patella (interpreted as language of intended use; the protrusions are fully capable of engaging with the patella held inside the chain in the plane of the protrusions which is the holding plane).
As to claim 11, Schweitzer discloses the patella holding device according to claim 1, wherein the first gripping element is configured to be manipulated by a thumb of a hand of a surgeon (interpreted as language of intended use; fully capable of being manipulated by a thumb if the hand is so placed) and wherein the second gripping element is configured to be manipulated by an index finger (interpreted as language of intended use; fully capable of being manipulated by an index finger if the hand is so placed, e.g. the first and second gripping elements can be pinched between the thumb and index finger with at least some of the thumb gripping/manipulating the first gripping element and at least some of the index finger gripping/manipulating the second gripping element).
As to claim 12, Schweitzer discloses the patella holding device according to claim 11, wherein the second gripping element is configured to be manipulated by the index finger of the hand of the surgeon (interpreted as language of intended use, as above).
As to claim 13, Schweitzer discloses the patella holding device according to claim 1, wherein the first gripping element and the second gripping element are ring-shaped (at 36 on the first gripping element 31) (col. 2 / lines 20-21) and/or trough-shaped (at 17 on the second gripping element 12) (col. 1 / lines 56-57).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRACY L KAMIKAWA whose telephone number is (571)270-7276. The examiner can normally be reached M-F 10:00-6:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kevin Truong, can be reached at 571-272-4705. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TRACY L KAMIKAWA/Examiner, Art Unit 3775