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 .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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)(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.
Claim(s) is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by van den Nieuwelaar et al (US Patent 5,173,077).
Regarding claim 19, van den Nieuwelaar et al teach a movable chisel 256 with a forward end (unnumbered) and arranged to engage the thighbone and to move between the thighbone and the kneecap so as to detach at least part of the naturally present connections between the thighbone and the kneecap. See figure 23c and column 12, lines 14-23. At least one clamp 196 is provided and fixes the thighbone via the naturally present connections from the drum bone to the thighbone.
Regarding claim 20, the chisel 256 moves the kneecap away from the thighbone, see figure 23c.
As for claim 22, a support plate 216 restricts the motion of the thighbone while the chisel engages the thighbone. See figures 23a-23c.
As for claim 23, a gripper 202 secures the drum bone as shown in figures 23a-23c.
Regarding claim 24, at least one blade 212 engages the meat in the vicinity of the kneecap also shown in figures 23a-23c.
Reasons for Allowance
The following is an examiner’s statement of reasons for allowance: In regards to claim 13, the prior art of record does not teach clamping the thighbone in a fixed position, engaging the thighbone with a forward end of a chisel and then moving the chisel between the thighbone and the kneecap and detaching at least part of naturally present connections between the thighbone and the kneecap. The prior art is broadly directed towards the drum bone being clamped.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Allowable Subject Matter
Claims 13-18 are allowed.
Claim 21 is 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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHARD T. PRICE JR whose telephone number is (571)272-6892. The examiner can normally be reached Monday-Friday 7AM-3:30PM.
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.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter M. Poon can be reached at 571-272-6891. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RICHARD T PRICE JR/Primary Examiner, Art Unit 3643
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