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 .
Election/Restrictions
Applicant’s election without traverse of Group II (glenoid component, claims 9-20) and Species A (Figs. 8-17) and Species Y (Figs. 40-44) in the reply filed on March 6, 2026 is acknowledged.
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.
Claim(s) 9-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Deffenbaugh et al. (US 2006/0074430; “Deffenbaugh”).
Claim 9, Deffenbaugh discloses a glenoid component (Figs. 4-8) comprising: a body (Figs 4-8) including a concave articulation surface (Fig. 19; 28) that is adapted to engage a humeral component (Fig. 6; paragraphs [0069]-[0070]) and a scapula-facing surface (Fig. 19; 24, 26); wherein: the scapula-facing surface includes a base surface portion (see Fig. A below) and an augmented surface portion (see Fig. A), the base surface portion and the augmented surface portion are convex (Figs. 4-8) such that the base surface portion has a first curvature having a first radius (Figs. 4, 11, and 19) and the augmented surface portion has a second curvature having a second radius (Figs. 4, 11, and 19), the base surface portion and the augmented surface portion are connected at an interface (Fig. A; where the dotted line is) such that the first curvature intersects the second curvature at the interface (Figs. A and 19).
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Fig. A: Annotated Fig. 19 of Deffenbaugh to show how claim limitations are met.
Claim 10, Deffenbaugh discloses the glenoid component of claim 9, wherein the augmented surface portion is disposed farther from the articulation surface than the base surface portion (Fig. A; note how the Aug side is thicker).
Claim 11, Deffenbaugh discloses the glenoid component of claim 9, wherein the augmented surface portion extends from the interface to at least one of a posterior portion, a supero-posterior portion, and an infero-posterior portion of the glenoid component (Figs. 4-8 and 19).
Claim 12, Deffenbaugh discloses the glenoid component of claim 9, wherein the augmented surface portion is thicker than the base surface portion (Figs. A and 19)
Claim 13, Deffenbaugh discloses the glenoid component of claim 9, further comprising an anchor extending from the scapula-facing surface (Fig. 4; 30, 32, and/or 34).
Claim 14, Deffenbaugh discloses the glenoid component of claim 13, wherein the anchor is conical (Figs. 4-6; 30 and 34).
Claim 15, Deffenbaugh discloses the glenoid component of claim 13, the anchor includes a plurality of anchors that have different lengths relative to each other (Fig. 4).
Claim 16, Deffenbaugh discloses the glenoid component of claim 13, wherein the anchor includes one or more radially-outwardly extending fins (Fig. 4; 32 has portions that can be considered fins).
Claim 17, Deffenbaugh discloses the glenoid component of claim 13, wherein the anchor includes one or more transversely extending grooves (Fig. 4; the grooves on central anchor 32).
Claim 18, Deffenbaugh discloses the glenoid component of claim 9, wherein the base surface portion has a first, relatively-gradual slope (Fig. A) toward the interface (Fig. A) and the augmented surface portion has a second, relatively-inclined slope (Fig. A) toward the interface compared to the base surface portion (Figs. A; while it seems to be the same amount of curvature on both sides of the dotted line, both curvatures meet the definition of a relatively gradual and inclined slope, since both are inclining as they approach the dotted line and they are both gradual).
Claim 19, Deffenbaugh discloses the glenoid component of claim 9, wherein the base surface portion has a curved shape (Fig. A) in a longitudinal plane (Fig. A; a plane that is perpendicularly running in and out of the page just left of the dotted line) that is defined by the body (Figs. 4-8 and 19), the longitudinal plane extending through the articulation surface and the base surface portion (Fig. A) and is disposed apart from the augmented surface portion (Fig. A).
Claim 20, Deffenbaugh discloses the glenoid component of claim 9, wherein the augmented surface portion has a curved shape (Figs. 4-8 and 19) in a longitudinal plane (Fig. A; same as above except the plane will be just to the right of the dotted line on the Augmented side) that is defined by the body (Figs. 4-8 and 19), the longitudinal plane extending through the articulation surface that is disposed apart from the base surface portion (Figs. 4-8 and 19).
Response to Arguments
Applicant’s arguments have been fully considered and the amendments have resulted in a different interpretation of the device of Deffenbaugh, which seems to still read on the claim limitations. See Office action above for more details.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 Zade Coley whose telephone number is (571)270-1931. The examiner can normally be reached M-F (9-5) PT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kevin Truong can be reached at (571)272-4705. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Zade Coley/Primary Examiner, Art Unit 3775
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