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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the baseplate comprising the first portion, which includes a boss extending from the first anchoring surface, wherein a bore is formed within the boss, the bore including a bore opening located on the first support surface that is configured to receive a mating element of the prosthetic implant (claim 6) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Examiner’s Notes
It is to be noted that in device/apparatus claims only the claimed structure of the final device bears patentable weight, and intended use/functional language is considered to the extent that it further defines the claimed structure of the final device (see MPEP 2114).
Examiner cites particular columns and line numbers in the references as applied to the claims below for the convenience of the applicant(s). Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the applicant(s) fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner.
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 1-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Slone et al. (US PG Pub. 2013/0204378), hereinafter Slone.
Regarding claims 1, 7, 8 and 10, Slone discloses a baseplate (10), illustrated in Figures 16-18, having an infinitely adjustable augment angle for a prosthetic implant, comprising a first portion (20) including a first support surface (surface facing away from bone); a first anchoring surface (surface facing, and adjacent to, bone) opposite the first support surface; and first and third fastener apertures (F&T) extending through the first portion from the first support surface to the first anchoring surface; and a second portion (40) pivotably attached (at joint 30) to the first portion (20), the second portion including a second support surface (surface facing away from bone); a second anchoring surface (surface facing, and adjacent to, bone) opposite the second support surface; and second and fourth fastener apertures (S&FT) extending through the second portion from the second support surface to the second anchoring surface; wherein the baseplate comprises a pivot connection (at joint 30) to pivotably connect the first and second portions such that pivoting the second portion (40) relative to the first portion (20) alters the infinitely adjustable augment angle, illustrated in Figures 16-18 and modified figure 16, below ([0104]; [0108] & [0125], Lines 1-7 – to clarify, the apertures are the openings in the first and second portions which receive the bone screws for attaching the baseplate to bone).
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Regarding claim 2, Slone discloses the baseplate of claim 1, wherein each of the first portion (20) and the second portion (40) include a semi-circular profile (at portions 32 and 34, respectively), illustrated in Figures 16-18.
Regarding claims 3 and 4, Slone discloses the baseplate of claim 1, wherein the infinitely adjustable augment angle comprises an angle formed between a plane extending from the first anchoring surface (surface facing away from bone) of the first portion (20) and the second anchoring surface (surface facing away from bone) of the second portion (40); and wherein the second portion (40) can be pivoted relative to the first portion (20) such that the angle between the plane extending from the first anchoring surface and the second anchoring surface is adjustable between zero and forty degrees, illustrated in Figures 16 and 18.
Regarding claims 5 and 6, Slone discloses the baseplate of claim 1, wherein the first portion (20) further includes a boss (36) extending from the first anchoring surface, wherein the first portion further includes a bore formed within the boss (36), the bore including a bore opening located on the first support surface that is configured to receive a mating element (38) of the prosthetic implant, illustrated in Figures 16-18 ([0096], Lines 1-6; [0106] & [0107]).
Regarding claim 9, Slone discloses the baseplate of claim 1, wherein the first fastener aperture and the second fastener aperture comprise threaded apertures ([0126], 3rd – 2nd to last Lines – to clarify, it is stated the screws can be locked to the baseplate portions by the heads being “threaded into the bases”; thus, the apertures in the baseplate would be threaded).
Claims 14, 15 and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Perego et al. (US PG Pub. 2020/0214846), hereinafter Perego.
Regarding claim 14, Perego discloses a system for an anatomical total shoulder arthroplasty, illustrated in Figure 1, comprising an infinitely adjustable augment angle baseplate (17&19) configured to be secured to a first/glenoid bone of a patient; an implant (11&12) insertable into a second/humeral bone of a patient; a baseplate (13) insertable into the implant (11&12) and configured to be attached to the second/humeral bone of the patient; an engagement member (16) couplable to the infinitely adjustable augment angle baseplate (17&19); and a prosthetic head (15) couplable to the baseplate (13), the prosthetic head (15) engageable with the engagement member (16) to form a prosthetic joint between the first/glenoid bone and the second/humeral bone, illustrated in Figures 1, 2 and 20 ([0079]; [0101]; [0112]; [0131]; [0136]; [0142] & [0164], Lines 4-7] – to clarify, baseplate 17 is considered infinitely adjustable since it has the structural ability to be placed and re-placed/adjusted as just as desired).
Regarding claim 15, Perego discloses the system of claim 14, wherein the infinitely adjustable augment angle baseplate (17&19), illustrated in Figures 1, 5a, 5c, 15a and 15b, comprises a first portion (17) including a first support surface, surface shown in Figure 15b; a first anchoring surface, surface shown in Figure 15a, opposite the first support surface; and a first fastener aperture (one of the two apertures as illustrated in Figures 15a & 15b) extending through the first portion (17) from the first support surface to the first anchoring surface, illustrated in Figures 1, 15a and 15b; and a second portion (19) pivotably attached to the first portion (17), the second portion (19) including a second support surface (SS); a second anchoring surface (SA) opposite the second support surface; and a second fastener aperture (opening which screw 21 goes through) extending through the second portion (19) from the second support surface (SS) to the second anchoring surface (SA), illustrated in Figures 1, 5a, 5c and modified figure 1, below ([0096]; [0167] & [0178] – [0180] – to clarify, second portion 19 is considered to be pivotably attached to first portion 17 due to the attachment, via morse coupling, being facilitated by pivoting second portion 19 into first portion 17).
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Regarding claim 17, Perego discloses the system of claim 15, wherein the infinitely adjustable augment angle baseplate (17&19) comprises an angle formed between a plane (P17) extending from the first anchoring surface of the first portion (17) and the second anchoring surface (SA) of the second portion (19), illustrated in Figures 1, 5a, 5c and modified figure 1, above.
Allowable Subject Matter
Claims 1-13, 16 and 18-20 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DINAH BARIA whose telephone number is (571)270-1973. The examiner can normally be reached Monday - Friday 10am - 5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jerrah Edwards can be reached at 408-918-7557. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DINAH BARIA/Primary Examiner, Art Unit 3774 10/08/2026
