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 .
Response to Arguments
Claims 1, 4-15, 18, and 19 are allowed. The outstanding 35 U.S.C. 102 rejection of claims 16 and 17 remains.
Allowable Subject Matter
Claims 1, 4-15, 18, and 19 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art fails to teach or disclose the structural relationship including but not limited to wherein the femur support comprises two femur attachment members that are medially and laterally arranged with regard to the marking element, and the fixed peg is fixedly connected to a first of the two femur attachment members and a second of the two femur attachment members receives the operating element.
The prior art fails to teach or disclose the structural relationship including but not limited to wherein the femur support comprises at least one guiding groove, the operating element comprises a protrusion arranged in the at least one guiding groove, and the femur support and the operating element are adapted such that the protrusion is adapted to slide in the at least one guiding groove.
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 16 and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Pub. No. 2009/0125114 to May et al.
As to Claim 16, May discloses a femoral offset instrument (Figs. 127-128) for a femoral offset system (1360, [0075, 0179]). The femoral offset instrument (Figs. 127-128) comprises a femur support (1406) adapted to be connected to a femur component of the femoral offset system via a connection mechanism (including 1416, 1420), the connection mechanism comprising a fixed peg (1416) and a movable peg (1420) connected to the femoral offset instrument (Fig. 128), an operating element (1422) that is manually operable [0180-0181] and that allows retraction of the movable peg (1420) by applying a manual force against a tension force [0180-0181].
As to Claim 17, May discloses a set of femoral offset instruments according to claim 16, the set of femoral offset instruments comprising a first femoral offset instrument, and a second femoral offset instrument that differs from the first femoral offset instrument in size and/or in form (differing components described in [0178], Fig. 127).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER J BECCIA whose telephone number is (571)270-7391. The examiner can normally be reached Mon - Fri 8:30-5:00.
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/CHRISTOPHER J BECCIA/Primary Examiner, Art Unit 3775
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