Detailed Action
This is the first office action on the merits for US application number 18/961,066.
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 .
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 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.
Information Disclosure Statement
The information disclosure statement filed August 26, 2025 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered. That is, no copy has been received of NPL items 15-17 in the instant application or in the prior applications.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Applicant has not complied with one or more conditions for receiving the benefit of an earlier filing date under 35 U.S.C. 119(e) as follows:
The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994)
The disclosure of the prior-filed application, Application No. 61/891,398, fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application. Application No. 61/891,398 fails to provide adequate support or enablement for at least the claimed plurality of pneumatic bellows of claims 1-10, top plate including a plate portion and an articular portion fastened to the plate portion and a bottom plate spaced from the plate portion and the pneumatic actuator of claims 11-14, and the pneumatic actuator and accumulation chamber of claims 15-20, the bearing with a plurality of pneumatic bellows of claims 6, 7, 19, and 20, and the controller including a pressure sensor for determining the pressure of the fluid in the insert of claim 18.
The disclosure of the prior-filed application, Application No. 61/891,397, fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application. Application No. 61/891,397 fails to provide adequate support or enablement for at least the claimed plurality of pneumatic bellows of claims 1-10, top plate including a plate portion and an articular portion fastened to the plate portion and a bottom plate spaced from the plate portion of claims 11-14, accumulation chamber of claims 15-20, the bearing with a plurality of pneumatic bellows of claims 6, 7, 19, and 20, and the controller including a pressure sensor for determining the pressure of the fluid in the insert of claim 18.
The disclosure of the prior-filed application, Application No. 61/990,476, fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application. Application No. 61/891,397 fails to provide adequate support or enablement for the sensors coupled to the electronics board and located between the electronics board and the actuator of claim 15, the bearing with a plurality of pneumatic bellows of claims 6, 7, 19, and 20, and the controller including a pressure sensor for determining the pressure of the fluid in the insert of claim 18.
As such, claims 1-5 and 8-14 are considered as of the filing date of 61/990,476, which is May 8, 2014, and claims 15 and 16 are considered as of the filing date of the US Application no. 14/515,375, which is October 15, 2014.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
As to claim 6, the specification appears to lack proper antecedent basis for “a bearing disposed between the top plate and the bottom plate and configured to allow the top plate to rotate relative to the bottom plate” of claim 6 with a plurality of pneumatic bellows of claim 1 line 5. That is, the specification and drawings appear to be silent to a bearing used the plurality of pneumatic bellows. Thus, the specification fails to provide proper antecedent basis for “a bearing disposed between the top plate and the bottom plate and configured to allow the top plate to rotate relative to the bottom plate” of claim 6 with a plurality of pneumatic bellows of claim 1 line 5.
As to claim 7, the specification appears to lack proper antecedent basis for “the bearing is configured to provide for up to 10 degrees of rotation between the top plate and the bottom plate” of claim 7 with a plurality of pneumatic bellows of claim 1 line 5. That is, the specification and drawings appear to be silent to a bearing used the plurality of pneumatic bellows. Thus, the specification fails to provide proper antecedent basis for “the bearing is configured to provide for up to 10 degrees of rotation between the top plate and the bottom plate” of claim 7 with a plurality of pneumatic bellows of claim 1 line 5.
As to claim 18, the specification appears to lack proper antecedent basis for “the controller includes a pressure sensor for determining pressure of a fluid in the pneumatic actuator”. Examiner notes that paragraph 94 of the specification provides that “Controller 240 may also include a pressure sensor 247 for detecting the pressure of the actuating fluid within accumulation chamber 252,”, but is silent to the pressure of the fluid in the pneumatic actuator. Thus, the specification fails to provide proper antecedent basis for “the controller includes a pressure sensor for determining pressure of a fluid in the pneumatic actuator”.
As to claim 19, the specification appears to lack proper antecedent basis for “a bearing disposed between the top plate and the bottom plate and configured to allow the top plate to rotate relative to the bottom plate” of claim 19 with the pneumatic actuator of claim 15. That is, the specification and drawings appear to be silent to a bearing used the plurality of pneumatic bellows. Thus, the specification fails to provide proper antecedent basis for “a bearing disposed between the top plate and the bottom plate and configured to allow the top plate to rotate relative to the bottom plate” of claim 19 with the pneumatic actuator of claim 15.
As to claim 20, the specification appears to lack proper antecedent basis for “the bearing is configured to provide for up to 10 degrees of rotation between the top plate and the bottom plate” of claim 20 with the pneumatic actuator of claim 15. That is, the specification and drawings appear to be silent to a bearing used the plurality of pneumatic bellows. Thus, the specification fails to provide proper antecedent basis for “the bearing is configured to provide for up to 10 degrees of rotation between the top plate and the bottom plate” of claim 20 with the pneumatic actuator of claim 15.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 144 on Fig. 8.
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 “bearing disposed between the top plate and the bottom plate and configured to allow the top plate to rotate relative to the bottom plate” of claim 6 with a plurality of pneumatic bellows of claim 1 line 5, “the bearing is configured to provide for up to 10 degrees of rotation between the top plate and the bottom plate” of claim 7 with a plurality of pneumatic bellows of claim 1 line 5, “bearing disposed between the top plate and the bottom plate and configured to allow the top plate to rotate relative to the bottom plate” of claim 19 with the pneumatic actuator of claim 15, and “the bearing is configured to provide for up to 10 degrees of rotation between the top plate and the bottom plate” of claim 20 with the pneumatic actuator of claim 15 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.
Claim Objections
Claim(s) 1 and 11 is/are objected to because of the following informalities:
Claim 1 line 7 should read “the joint in flexion and extension”.
Claim 11 line 5 should read “a groove opposite”.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-4 and 6-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gustilo et al. (US 5,733,292, hereinafter “Gustilo”) in view of Litvack et al. (US 2011/0270295, hereinafter “Litvack”) and Cinquin et al. (US 2006/0149277, hereinafter “Cinquin”), further in view of Vilsmeier et al. (US 2014/0247336, hereinafter "Vilsmeier").
As to claims 1-4, Gustilo discloses an insert (Fig. 25, col. 12 lines 56 - col. 13 line 2) capable of use for balancing a joint during repair of the joint (abstract), the insert comprising: a top plate (414 and portion shown above 414 in Fig. 25 and labeled as 134 and 138, respectively, in Fig. 5, col. 9 lines 30-47) capable of interfacing with a bone structure of a joint (col. 9 lines 50-55); a bottom plate (412 and labeled as 102 in Fig. 5, Fig. 25) capable of interfacing with a second bone structure of the joint opposite the first bone structure (Fig. 27); a pneumatic bellow (410, col. 12 lines 36-39 disclose use of air in an inflatable toroidal bladder) disposed between the top plate and the bottom plate (Fig. 25) and capable distributing a force across the first bone structure and the second bone structure to balance the joint in flexion and extension (Fig. 25, col. 12 lines 36-39 disclose use of air in an inflatable toroidal bladder, col. 12 lines 60-61 and 66-67 disclose use as the adjustment mechanism). As to claim 6, Gustilo discloses a bearing (in as much as Applicant’s, Fig. 25) disposed between the top plate and the bottom plate (in as much as Applicant’s, Fig. 25) and capable of allowing the top plate to rotate relative to the bottom plate (Fig. 25). As to claim 7, Gustilo discloses that the bearing is capable of providing for up to 10 degrees of rotation between the top plate and the bottom plate (in as much as Applicant’s, Fig. 25). As to claim 9, Gustilo discloses that the top plate includes a groove (Fig. 25, 156 as labeled on Figs. 1 and 5, col. 9 lines 50-55) on a side opposite the bottom plate (Figs. 25 and 5), and an articular contact surface (col. 9 lines 50-55) within the groove (Figs. 25 and 5, col. 9 lines 50-55), the articular contact surface being capable of interfacing and articulating with a condyle of a bone for the joint (Figs. 25 and 5, col. 9 lines 50-55). As to claim 10, Gustilo discloses that the top plate includes a plate portion (414 as labeled as 134 in Fig. 5, col. 9 lines 30-47) adjacent the pneumatic bellow (Fig. 25) and an articular portion (portion shown above 414 in Fig. 25 and labeled as 138 in Fig. 5, col. 9 lines 30-47) fastened to the plate portion (Figs. 5 and 25, col. 9 lines 30-47), the articular portion being capable of interfacing and articulating with a condyle of a bone for the joint (Figs. 25 and 5, col. 9 lines 50-55).
Gustilo is silent to the pneumatic bellow being a plurality of pneumatic bellows; one or more sensors configured to provide data indicative of a spatial relationship between the top plate and the bottom plate; and a processor communicatively coupled to the one or more sensors and configured to receive the data from the one or more sensors and determine a distance between the top plate and the bottom plate. As to claim 2, Gustilo is silent to the processor is further configured to determine tilt between the top plate and the bottom plate in two axes. As to claim 3, Gustilo is silent to the plurality of bellows comprises a first bellows adjacent and in fluid communication with a second bellows. As to claim 4, Gustilo is silent to the first bellows and the second bellows are manifolded together with an annular seal located between the first bellows and the second bellows around a first fluid communication hole and a second fluid communication. As to claim 8, Gustilo is silent to a force sensor configured to provide force data indicative of the force applied between the top plate and the bottom plate.
Litvack teaches a similar insert (Figs. 5Y and 5Z) capable of use for balancing a joint during repair of the joint (Figs. 5Y and 5Z, ¶27), the insert comprising: a plurality of pneumatic bellows (bottom 5 rows of 240s as shown in Fig. 5Z, top 2 rows of 240s as shown in Fig. 5Z, Fig. 5Z, ¶27) capable of distributing a force across the first bone structure and the second bone structure to balance the joint in flexion and extension (Figs. 5Y and 5Z, ¶27). As to claim 3, Litvack teaches that the plurality of bellows comprises a first bellows (bottom 5 rows of 240s as shown in Fig. 5Z, Fig. 5Z, ¶27) adjacent and in fluid communication (shown using dashed lines in Fig. 5Z) with a second bellows (top 2 rows of 240s as shown in Fig. 5Z, Fig. 5Z, ¶27). As to claim 4, Litvack teaches that the first bellows and the second bellows are manifolded together with an annular seal located between the first bellows and the second bellows around a first fluid communication hole and a second fluid communication (Figs. 5Y and 5Z, ¶27).
Cinquin teaches a similar insert (Figs. 2-4, ¶29 discloses actuation with a fluid actuator such as an air piston with compressed air, ¶30 discloses a Hall effect distance sensor and magnet) capable of use for balancing a joint during repair of the joint (Fig. 3), the insert comprising: a top plate (24A, 24B) capable of interfacing with a first bone structure of a joint (Fig. 3); a bottom plate (22, Fig. 2) capable of interfacing with a second bone structure of the joint opposite the first bone structure (Fig. 3); a plurality of pneumatic actuators (Fig. 3, ¶29; where ¶29 discloses actuation with a fluid actuator such as an air piston with compressed air) disposed between the top plate and the bottom plate (Figs. 2 and 3) and capable of distributing a force across the first bone structure and the second bone structure to balance the joint in flexion and extension (Fig. 3, ¶29); and one or more sensors (¶30) capable of use providing data indicative of a spatial relationship between the top plate and the bottom plate (¶30 discloses a distance sensor directly integrated to the plates or are placed thereon capable of measuring the distance separating the top plate from the bottom plate); wherein the one or more sensors comprises a distance sensor (¶30 discloses that there is a distance sensor on each top plate portion 24A, 24B and that the distance sensor is a Hall-effect sensor) with a magnet (¶30) and a force sensor (¶30); and a processing and control unit (¶32) communicatively coupled to the one or more sensors (via cables or ducts 39 per ¶32, ¶32) and capable of receiving the data from the one or more sensors (¶32) and determining a distance between the top plate and the bottom plate (¶s 30, 32, and 37). As to claim 8, Cinquin teaches a force sensor (¶30) capable of providing force data indicative of the force applied between the top plate and the bottom plate (Fig. 3, ¶30).
Vilsmeier teaches a similar system (Figs. 1-16) capable of use during repair of a joint (Fig. 12), the system comprising: a top plate (1, Fig. 5) capable of interfacing with a first bone structure (Fig. 5, ¶42); a bottom plate (2) capable of interfacing with a second bone structure (Fig. 5, ¶47); one or more sensors (sensors of devices 1, 2, Fig. 5, ¶65 discloses that devices 1 and 2 exchange their orientation data and/or the position data, ¶38 discloses as an example, device 1, 2 comprises a gyroscope 5, two cameras 6 and 7 that act as position sensors, and a distance sensor 19) capable of providing data indicative of a spatial relationship between the top plate and the bottom plate (¶65 discloses that devices 1 and 2 exchange their orientation data and/or the position data and that from the measurements the range of motion and the varus/valgus angle of the joint can be determined); and a processor (3, Fig. 2, ¶s 31,38, and 39) communicatively coupled to the one or more sensors (Fig. 2, ¶s 28 and 39) and capable of receiving the data from the one or more sensors (Figs. 1 and 2, ¶s 29, 32, 34, and 46) and determining a distance between the devices (¶65). As to claim 2, Vilsmeier teaches that the processor is further capable of determining tilt between the top plate and the bottom plate in two axes (¶65 discloses that devices 1 and 2 exchange their orientation data and/or the position data and that from the measurements the range of motion and the varus/valgus angle of the joint can be determined).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify the pneumatic bellow as disclosed by Gustilo to have separate lumens within a plurality of pneumatic bellows as taught by Litvack in order to provide for a customized retraction using an inflation control system (Litvack ¶27). One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify the top and bottom plate as disclosed by Gustilo by adding one or more sensors that include a Hall-effect sensor and a force sensor to each top plate region and a corresponding permanent magnet to the bottom plate and adding a processing and control unit as taught by Cinquin in order to measure the distance separating the top plate from the bottom plate (Cinquin ¶30) and the forces exerted on the top plate (Cinquin ¶30) and to receive the sensor signal (Cinquin ¶32) to measure the force and distance (Cinquin ¶s 30 and 37) to aid in selection of a prosthesis (Cinquin ¶s 9 and 37, Gustilo col. 7 line 26-27). One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to specify that the processing and control unit that communicates with distance and force sensors as disclosed by the combination of Gustilo, Litvack, and Cinquin includes a processor that can determine the joint angle from orientation/position data as taught by Vilsmeier in order to determine and display the three-dimensional relative position of the femur and the tibia (Vilsmeier Fig. 12, ¶63) as guidance information for a user (Vilsmeier ¶31) to aid in selection of a prosthesis (Cinquin ¶s 9 and 37, Gustilo col. 7 line 26-27).
Claim(s) 11 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gustilo et al. (US 5,733,292, hereinafter “Gustilo”) in view of Litvack et al. (US 2011/0270295, hereinafter “Litvack”) and Cinquin et al. (US 2006/0149277, hereinafter “Cinquin”).
As to claim 11, Gustilo discloses an insert (Fig. 25, col. 12 lines 56 - col. 13 line 2) capable of use for balancing a joint during repair of the joint (abstract), the insert comprising: a top plate (414 and portion shown above 414 in Fig. 25 and labeled as 134 and 138, respectively, in Fig. 5, Fig. 5, col. 9 lines 30-47) including a plate portion (414 and portion labeled as 134 in Fig. 5, Fig. 5, col. 9 lines 30-47) and an articular portion (portion shown above 414 in Fig. 25 and labeled as 138 in Fig. 5, Fig. 5, col. 9 lines 30-47) fastened to the plate portion (Fig. 5, col. 9 lines 30-47), the articular portion including groove (Fig. 25, 156 as labeled on Figs. 1 and 5, col. 9 lines 50-55) opposite the plate portion (Figs. 25 and 5) and an articular contact surface (col. 9 lines 50-55) capable of interfacing and articulating with a first bone structure of the joint (Figs. 25 and 5, col. 9 lines 50-55); a bottom plate (412 and labeled as 102 in Fig. 5, Fig. 25) capable of interfacing with a second bone structure of the joint (Fig. 27); a pneumatic actuator (410, col. 12 lines 36-39 disclose use of air in an inflatable toroidal bladder) including a pneumatic bellow (410, col. 12 lines 36-39 disclose use of air in an inflatable toroidal bladder) capable of inflating (col. 9 lines 60-61, col. 12 lines 36-39 disclose use of air in an inflatable toroidal bladder) and distributing force across the top plate and the bottom plate (Fig. 25, col. 9 lines 60-61, col. 12 lines 36-39 disclose use of air in an inflatable toroidal bladder, col. 12 lines 60-61 and 66-67 disclose use as the adjustment mechanism).
Gustilo is silent to the pneumatic bellow being a plurality of pneumatic bellows;
one or more sensors for providing data indicative of a spatial relationship between the top plate and the bottom plate.
Litvack teaches a similar insert (Figs. 5Y and 5Z) capable of use for balancing a joint during repair of the joint (Figs. 5Y and 5Z, ¶27), the insert comprising: a pneumatic actuator (240s, 242, 244, 246) having a plurality of bellows (bottom 5 rows of 240s as shown in Fig. 5Z, top 2 rows of 240s as shown in Fig. 5Z, Fig. 5Z, ¶27) capable of inflating (Figs. 5Y and 5Z, ¶27) and distributing a force across the first bone structure and the second bone structure (Figs. 5Y and 5Z, ¶27).
Cinquin teaches a similar insert (Figs. 2-4, ¶29 discloses actuation with a fluid actuator such as an air piston with compressed air, ¶30 discloses a Hall effect distance sensor and magnet) capable of use for balancing a joint during repair of the joint (Fig. 3), the insert comprising: a top plate (24A, 24B) capable of interfacing with a first bone structure of a joint (Fig. 3); a bottom plate (22, Fig. 2) capable of interfacing with a second bone structure of the joint opposite the first bone structure (Fig. 3); a pneumatic actuator (Fig. 3, ¶29; where ¶29 discloses actuation with a fluid actuator such as an air piston with compressed air) having a plurality (Fig. 3, ¶29; where ¶29 discloses actuation with a fluid actuator such as an air piston with compressed air) disposed between the top plate and the bottom plate (Figs. 2 and 3) and capable of distributing a force across the top plate and the bottom plate (Fig. 3, ¶29); and one or more sensors (¶30) capable of use providing data indicative of a spatial relationship between the top plate and the bottom plate (¶30 discloses a distance sensor directly integrated to the plates or are placed thereon capable of measuring the distance separating the top plate from the bottom plate); wherein the one or more sensors comprises a distance sensor (¶30 discloses that there is a distance sensor on each top plate portion 24A, 24B and that the distance sensor is a Hall-effect sensor) with a magnet (¶30) and a force sensor (¶30); and a processing and control unit (¶32) communicatively coupled to the one or more sensors (via cables or ducts 39 per ¶32, ¶32) and capable of receiving the data from the one or more sensors (¶32) and determining a distance between the top plate and the bottom plate (¶s 30, 32, and 37).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify the pneumatic bellow as disclosed by Gustilo to have separate lumens within a plurality of pneumatic bellows as taught by Litvack in order to provide for a customized retraction using an inflation control system (Litvack ¶27). One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify the top and bottom plate as disclosed by Gustilo by adding one or more sensors that include a Hall-effect sensor and a force sensor to each top plate region and a corresponding permanent magnet to the bottom plate and adding a processing and control unit as taught by Cinquin in order to measure the distance separating the top plate from the bottom plate (Cinquin ¶30) and the forces exerted on the top plate (Cinquin ¶30) and to receive the sensor signal (Cinquin ¶32) to measure the force and distance (Cinquin ¶s 30 and 37) to aid in selection of a prosthesis (Cinquin ¶s 9 and 37, Gustilo col. 7 line 26-27).
As to claim 14, the combination of Gustilo, Litvack, and Cinquin discloses the invention of claim 11 and that it is known that thickness of the tibial component insert can be estimated from imaging and a known system has thicknesses between 8 mm to 35 mm (Gustilo col. 1 lines 58-66).
The combination of Gustilo, Litvack, and Cinquin is silent to the pneumatic actuator providing a minimum height change for the actuated joint-balancing insert of at least 6mm.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to specify that the pneumatic actuator of the combination of Gustilo, Litvack, and Cinquin provides a minimum height change capable of use for the actuated joint-balancing insert of at least 6 mm, since where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gustilo, Litvack, and Cinquin in view of Amirouche et al. (US 2004/0019382, hereinafter "Amirouche".
As to claim 12, the combination of Gustilo, Litvack, and Cinquin discloses the invention of claim 11 as well as the bottom plate adjacent the pneumatic actuator (Gustilo Fig. 25); wherein the insert includes a magnet (Cinquin ¶30).
The combination of Gustilo, Litvack, and Cinquin is silent the one or more sensors are coupled to an electronics board configured to obtain spatial data from the one or more sensors and the bottom plate includes one or more magnet recesses adjacent the pneumatic actuator and aligned with the one or more sensors, and wherein the insert includes a magnet located in each magnet recess.
Amirouche teaches a similar insert (Figs. 1-5, ¶s 34, 35, and 37) capable of use for balancing a joint during repair of the joint (abstract), the insert comprising: a top plate (34) including a plate portion (lower portion of 34 as shown in Figs. 3 and 4, Figs. 3 and 4) and an articular portion (upper portion of 34 as shown in Figs. 3 and 4, Figs. 3 and 4), the articular portion including groove (Fig. 4) opposite the plate portion (Figs. 3 and 4) and an articular contact surface (Fig. 4) capable of interfacing and articulating with a first bone structure of the joint (Figs. 3 and 4); a bottom plate (58) capable of interfacing with a second bone structure of the joint (Fig. 3); and one or more sensors (35, 36, 38) capable of providing data indicative of a spatial relationship between the top plate and the bottom plate (¶34 discloses that any of 35, 36, 38 may be a joint angle sensor, a pressure sensor, or a tension sensor, ¶46 discloses use of any available angle sensor responsive the range of motion of the prosthesis); further comprising a processor (14, Figs. 1 and 2, ¶s 29, 32, and 34) communicatively coupled to the one or more sensors (Figs. 1 and 2, ¶s 29, 32, 34, and 46) and capable of receiving the data from the one or more sensors (Figs. 1 and 2, ¶s 29, 32, 34, and 46); wherein the one or more sensors are coupled to an electronics board (Fig. 5, ¶34) capable of obtaining data from the one or more sensors (¶34) and at least one of the plates (Fig. 5) includes one or more recesses (74, Fig. 5, ¶39) and aligned with the one or more sensors (Fig. 5) wherein the insert includes a sensor located in each recess (¶39).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to specify that the one or more sensors placed on the top plate as disclosed by the combination of Gustilo, Litvack, and Cinquin are coupled to an electronics board as taught by Amirouche in order to provide communication that enables to processor to obtain data from the one or more sensors (¶34), i.e. to select a known means of connecting the one or more sensors plate (Cinquin ¶30). One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to specify that the permanent magnets directly integrated to the bottom plate as disclosed by the combination of Gustilo, Litvack, and Cinquin are each in a recess in the bottom plate as taught by Amirouche in order to enable them to be embedded in the bottom plate (Amirouche ¶39), i.e. to select a known means of directly integrating the disclosed a permanent magnets associated with the Hall effect sensor to the bottom plate (Cinquin ¶30).
Allowable Subject Matter
Claims 5 and 13 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.
Claims 15-20 are allowed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see the attached PTO-892, Notice of References Cited.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMY R SIPP whose telephone number is (313)446-6553. The examiner can normally be reached on Mon - Thurs 6-4.
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/AMY R SIPP/Primary Examiner, Art Unit 3775