DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Election/Restrictions
Applicant’s election without traverse of Species A in the reply filed on February 17th, 2026 is acknowledged.
Claim 35 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species (for example Species B), there being no allowable generic or linking claim. Election was made without traverse in the reply filed on February 17th, 2026.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of pre-AIA 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 –
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claims 16-20, 22-26, and 28-33 are rejected under pre-AIA 35 U.S.C. 102b as being anticipated by a first interpretation of Polyzoides (U.S. Patent 4,353,136).
Regarding claims 16-20 and 22:
Polyzoides discloses a device (for example see Figures 1-3) comprising:
(claim 16) a nonspherical articular surface (11 and 13)
(claim 17) wherein the articular surface comprises a convex nonspherical shape (for example see Figure 1)
(claim 18) wherein the articular surface comprises an ovoid shape (see Figure 1)
(claim 19) wherein the articular surface includes
(claim 19) a first radius of curvature along a first axis (for example the radius of curvature of the bottom of condyle portions as shown in Figure 1)
(claim 20) wherein the first axis is a superior-inferior axis
(claim 19) a second radius of curvature along a second axis perpendicular to the first axis (for example the radius of curvature of the condyles as shown in Figure 2)
(claim 20) wherein the second axis is a medial-lateral axis
(claim 20) wherein the first radius of curvature is larger than the second radius of curvature
(claim 16) a bone-facing side opposite the articular surface including
(claim 16) a concave socket having
(claim 16) a first planar surface (anterior vertical planar surface; see Figure 1)
(claim 22) wherein the first planar surface intersects the articular surface to form a first portion of a perimeter of the device
(claim 16) a second planar surface (the angled planar surface between the anterior vertical surface and the horizontal surface; see Figure 1)
(claim 22) wherein the second planar surface intersects the articular surface to form a second portion of the perimeter of the device
(claim 16) a first line (the line formed by the surfaces meeting) positioned intermediate the first planar surface and the second planar surface along an intersection of the surfaces
(claim 16) wherein the first planar surface converges toward the articular surface along a first orientation
(claim 16) wherein the second planar surface converges toward the articular surface along a second orientation
(claim 16) wherein an obtuse angle is formed between the surfaces along the first line
Regarding claims 23-26 and 28-29:
Polyzoides discloses a device (for example see Figures 1-3) comprising:
(claim 23) a nonspherical articular surface (11 and 13) including
(claim 23) a first radius of curvature along a first axis of the articular surface (for example the radius of curvature of the bottom of the condyle portions as shown in Figure 1)
(claim 26) wherein the first axis includes a superior-inferior axis of the articular surface
(claim 23) a second radius of curvature along a second axis of the articular surface perpendicular to the first axis (for example the radius of curvature of the condyles as shown in Figure 2)
(claim 24) wherein the articular surface includes a convex nonspherical shape
(claim 25) wherein the articular surface comprises an ovoid shape
(claim 26) wherein the second axis comprises a medial-lateral axis of the articular surface
(claim 26) wherein the first radius of curvature is larger than the second radius of curvature
(claim 23) a bone-facing side opposite the articular surface including
(claim 23) a concave arrange of at least two planar surfaces (anterior vertical planar surface; see Figure 1 and the angled planar surface between the anterior vertical surface and the horizontal surface; see Figure 1)
(claim 28) wherein at least one obtuse angle is formed between the at least two planar surfaces
(claim 29) wherein the at least two planar surfaces intersect the articular surface to form at least a portion of a perimeter of the device
Regarding claims 30-34:
Polyzoides discloses a device (for example see Figures 1-3) comprising:
(claim 30) a nonspherical articular surface (11 and 13) including
(claim 30) a first radius of curvature along a first axis of the articular surface (for example the radius of curvature of the bottom of condyle portions as shown in Figure 1)
(claim 33) wherein the first axis includes a superior-inferior axis of the articular surface
(claim 30) a second radius of curvature along a second axis of the articular surface (for example the radius of curvature of the condyles as shown in Figure 2)
(claim 33) wherein the second axis includes a medial-lateral axis of the articular surface
(claim 33) wherein the first radius of curvature is larger than the second radius of curvature
(claim 31) wherein the articular surface includes a convex nonspherical shape
(claim 32) wherein the articular surface comprises an ovoid shape
(claim 30) a bone-facing side opposite the articular surface including
(claim 30) at least one planar surface (the horizontal surface shown in Figure 1)
(claim 30) at least one anchoring element (14) protruding from the at least one planar surface
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Claims 16-19, 21-25, 27-32, and 34 are rejected under pre-AIA 35 U.S.C. 102b as being anticipated by a first interpretation of Polyzoides (U.S. Patent 4,353,136).
Regarding claims 16-19 and 21-22:
Polyzoides discloses a device (for example see Figures 1-3) comprising:
(claim 16) a nonspherical articular surface (11 and 13)
(claim 17) wherein the articular surface comprises a convex nonspherical shape (for example see Figure 1)
(claim 18) wherein the articular surface comprises an ovoid shape (see Figure 1)
(claim 19) wherein the articular surface includes
(claim 19) a first radius of curvature along a first axis (see annotated figure below)
(claim 21) wherein the first axis is a superior-inferior axis
(claim 19) a second radius of curvature along a second axis perpendicular to the first axis (see annotated figure below)
(claim 21) wherein the second axis is a medial-lateral axis
(claim 21) wherein the first radius of curvature is smaller than the second radius of curvature
(claim 16) a bone-facing side opposite the articular surface including
(claim 16) a concave socket having
(claim 16) a first planar surface (anterior vertical planar surface; see Figure 1)
(claim 22) wherein the first planar surface intersects the articular surface to form a first portion of a perimeter of the device
(claim 16) a second planar surface (the angled planar surface between the anterior vertical surface and the horizontal surface; see Figure 1)
(claim 22) wherein the second planar surface intersects the articular surface to form a second portion of the perimeter of the device
(claim 16) a first line (the line formed by the surfaces meeting) positioned intermediate the first planar surface and the second planar surface along an intersection of the surfaces
(claim 16) wherein the first planar surface converges toward the articular surface along a first orientation
(claim 16) wherein the second planar surface converges toward the articular surface along a second orientation
(claim 16) wherein an obtuse angle is formed between the surfaces along the first line
Regarding claims 23-26 and 28-29:
Polyzoides discloses a device (for example see Figures 1-3) comprising:
(claim 23) a nonspherical articular surface (11 and 13) including
(claim 23) a first radius of curvature along a first axis of the articular surface (see annotated figure below)
(claim 27) wherein the first axis includes a superior-inferior axis of the articular surface
(claim 23) a second radius of curvature along a second axis of the articular surface perpendicular to the first axis (see annotated figure below)
(claim 24) wherein the articular surface includes a convex nonspherical shape
(claim 25) wherein the articular surface comprises an ovoid shape
(claim 27) wherein the second axis comprises a medial-lateral axis of the articular surface
(claim 27) wherein the first radius of curvature is smaller than the second radius of curvature
(claim 23) a bone-facing side opposite the articular surface including
(claim 23) a concave arrange of at least two planar surfaces (anterior vertical planar surface; see Figure 1 and the angled planar surface between the anterior vertical surface and the horizontal surface; see Figure 1)
(claim 28) wherein at least one obtuse angle is formed between the at least two planar surfaces
(claim 29) wherein the at least two planar surfaces intersect the articular surface to form at least a portion of a perimeter of the device
Regarding claims 30-34:
Polyzoides discloses a device (for example see Figures 1-3) comprising:
(claim 30) a nonspherical articular surface (11 and 13) including
(claim 30) a first radius of curvature along a first axis of the articular surface (see annotated figure below)
(claim 34) wherein the first axis includes a superior-inferior axis of the articular surface
(claim 30) a second radius of curvature along a second axis of the articular surface (see annotated figure below)
(claim 34) wherein the second axis includes a medial-lateral axis of the articular surface
(claim 34) wherein the first radius of curvature is smaller than the second radius of curvature
(claim 31) wherein the articular surface includes a convex nonspherical shape
(claim 32) wherein the articular surface comprises an ovoid shape
(claim 30) a bone-facing side opposite the articular surface including
(claim 30) at least one planar surface (the horizontal surface shown in Figure 1)
(claim 30) at least one anchoring element (14) protruding from the at least one planar surface
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 for cited references the examiner felt were relevant to the application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nicholas Woodall whose telephone number is (571) 272-5204. The examiner can normally be reached on Monday-Friday 8am to 5:30pm.
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Kevin Truong, at (571. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/NICHOLAS W WOODALL/Primary Examiner, Art Unit 3775
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