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 .
Response to Arguments
Applicant's arguments filed 6/16/2026 have been fully considered but they are not persuasive. The Applicant contends that Bojarski does not disclose determining the seating comprising determining whether an amount of a back side of the virtual model of the glenoid implant that is supported by or touching the virtual model of the glenoid bone is greater than a threshold percentage. The examiner respectfully disagrees. Bojarski discloses designing and/or modifying the model’s anteroposterior dimensions to meet a desired threshold value of the implant’s coverage over the bone (paras. 0185, 0317, 0324, 0415-0419, 0421-0424, 0457, 0492). This ensures that the back or posterior side of the implant model is supported by or in contact coverage with a threshold level of the model of the bone. In view of these disclosures by Bojarski, the 35 U.S.C. 102(a)(1) rejections have been maintained, as described below.
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) 36-39, 41-42, 44-45, and 56-57 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bojarski et al. (Pub. No.: US 2011/0029093 A1; hereinafter “Bojarksi”).
Bojarksi discloses the following regarding claim 36: a computing system comprising: memory storing computer executable instructions (paras. 0211, 0426-0432, known to be inherent computer components); and one or more processors (paras. 0211, 0426-0432, known to be inherent computer components) configured to: generate a virtual model of a glenoid bone of a patient and a virtual model of a glenoid implant (paras. 0286, 0303-0304, 0310); send instructions to an output device (e.g., computer monitor or display screen) of a user to cause the output device to display the virtual model of the glenoid implant with respect to the virtual model of the glenoid bone (paras. 0286, 0303-0304, 0310); perform virtual pre-operative analysis based on one or more of user input of the user or execution of the computer executable instructions to adjust the virtual model of the glenoid implant, wherein to adjust the virtual model of the glenoid implant (paras. 0231-0234, 0271-0272, 0281-0291, 0310-0312, 0328-0329, 0357-0360, 0419-0429), the one or more processors are configured to: adjust a placement of the virtual model of the glenoid implant with respect to the virtual model of the glenoid bone (paras. 0231-0234, 0271-0272, 0281-0294, 0357-0360, 0419-0429); evaluate bone support based on the virtual model of the glenoid implant with respect to the virtual model of the glenoid bone by determining a seating of the virtual model of the glenoid implant with respect to the virtual model of the glenoid bone (paras. 0231-0234, 0271-0272, 0281-0294, 0357-0360, 0419-0429, 0435-0439), wherein determining the seating comprises determining whether an amount of a back side of the virtual model of the glenoid implant that is supported by or touching the virtual model of the glenoid bone is greater than a threshold percentage (paras. 0185, 0317, 0324, 0415-0419, 0421-0424, 0457, 0492); and based on evaluating the bone support, adjust a geometry of the virtual model of the glenoid implant (paras. 0231-0234, 0271-0272, 0281-0294, 0357-0360, 0419-0429), and generate a model of a final glenoid implant for the patient based on the virtual pre-operative analysis (paras. 0231-0234, 0271-0272, 0281-0294, 0357-0360, 0419-0429).
Bojarksi discloses the following regarding claim 37: the system of claim 36, wherein to perform the virtual pre-operative analysis, the one or more processors are configured to send instructions to the output device of the user to display simulations of one or more adjustments to the virtual model of the glenoid implant, the one or more adjustments corresponding to the one or more of the user input of the user or the execution of the computer executable instructions (paras. 0231-0234, 0271-0272, 0281-0294, 0310, 0357-0360, 0419-0429).
Bojarksi discloses the following regarding claim 38: the system of claim 36, wherein to generate the virtual model of the glenoid bone, the one or more processors are configured to generate the virtual model of the glenoid bone based on images taken of the glenoid bone of the patient (paras. 0281-0294).
Bojarksi discloses the following regarding claim 39: the system of claim 36, wherein the virtual model of the glenoid bone and the virtual model of the glenoid implant comprise three dimensional (3D) virtual models (paras. 0310-0312).
Bojarksi discloses the following regarding claim 41: the system of claim 36, wherein to adjust the placement of the virtual model of the glenoid implant with respect to the virtual model of the glenoid bone, the one or more processors are configured to one or more of: align the virtual model of the glenoid implant with the virtual model of the glenoid bone; or adjust a medialization of the virtual model of the glenoid implant with respect to the virtual model of the glenoid bone (paras. 0231-0234, 0271-0272, 0281-0294, 0357-0360, 0419-0429, 0435-0439).
Bojarksi discloses the following regarding claim 42: the system of claim 36, wherein to adjust the geometry of the virtual model of the glenoid implant, the one or more processors are configured to adjust a width of the virtual model of the glenoid implant (paras. 0211, 0214).
Bojarksi discloses the following regarding claim 44: the system of claim 36, wherein the one or more processors are further configured to select a size of the virtual model of the glenoid implant from a range of sizes based on the one or more of the user input of the user or the execution of the computer executable instructions (paras. 0210-0216, 0231, 0377-0379, 0463).
Bojarksi discloses the following regarding claim 45: the system of claim 36, wherein the one or more processors are further configured to: generate a virtual model of one of a natural humeral head or a humeral head implant; and send instructions to the output device of the user to cause the output device to display the virtual model of the one of the natural humeral head or the humeral head implant with respect to the virtual model of the glenoid implant (paras. 0231-0234, 0271-0272, 0281-0294, 0310, 0357-0360, 0377-0379, 0419-0429).
Bojarksi discloses the following regarding claim 56: a computing system comprising: memory storing computer executable instructions (paras. 0211, 0426-0432, known to be inherent computer components); and one or more processors (paras. 0211, 0426-0432, known to be inherent computer components) configured to: generate a virtual model of a glenoid bone of a patient and a virtual model of a glenoid implant (paras. 0286, 0303-0304, 0310); send instructions to an output device (e.g., computer monitor or display screen) of a user to cause the output device to display the virtual model of the glenoid implant with respect to the virtual model of the glenoid bone (paras. 0286, 0303-0304, 0310); perform virtual pre-operative analysis based on one or more of user input of the user or execution of the computer executable instructions to adjust the virtual model of the glenoid implant, wherein to adjust the virtual model of the glenoid implant (paras. 0231-0234, 0271-0272, 0281-0291, 0310-0312, 0328-0329, 0357-0360, 0419-0429), the one or more processors are configured to: evaluate bone support based on the virtual model of the glenoid implant with respect to the virtual model of the glenoid bone by determining a seating of the virtual model of the glenoid implant with respect to the virtual model of the glenoid bone (paras. 0231-0234, 0271-0272, 0281-0294, 0357-0360, 0419-0429, 0435-0439), wherein determining the seating comprises determining whether an amount of a back side of the virtual model of the glenoid implant that is supported by or touching the virtual model of the glenoid bone is greater than a threshold percentage (paras. 0185, 0317, 0324, 0415-0419, 0421-0424, 0457, 0492); and based on evaluating the bone support, adjust a geometry of the virtual model of the glenoid implant (paras. 0231-0234, 0271-0272, 0281-0294, 0357-0360, 0419-0429); and generate a model of a final glenoid implant for the patient based on the virtual pre-operative analysis (paras. 0231-0234, 0271-0272, 0281-0294, 0357-0360, 0419-0429).
Bojarksi discloses the following regarding claim 57: the computing system of claim 36, wherein the model of the final glenoid implant comprises: a virtual model of the final glenoid implant; or a physical model of the final glenoid implant (paras. 0231-0234, 0271-0272, 0281-0294, 0357-0360, 0419-0429).
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, 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) 43 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bojarski in view of Bojarski et al. (Pub. No. US 2011/0071802 A1; hereinafter “the ‘802 reference”).
Bojarski discloses the limitations of the claimed invention, as described above. However, it does not explicitly recite adjusting a retroversion of the virtual model of the glenoid implant; or adjust an inferior tilt of the virtual model of the glenoid implant. The ‘802 reference teaches that adjusting the geometry of the virtual model of the implant comprises adjusting a retroversion of the virtual model of the glenoid implant; or adjusting an inferior tilt of the virtual model of the glenoid implant (paras. 0012, 0057, 0070, 0111-0126), for the purpose of ensuring that the implant will properly fit its implantation site. It would have been obvious to one having ordinary skill in the art to adjust features of the models of Bojarski, according to the teachings of the ‘802 reference, in order to ensure that the implant will properly fit a particular patient's anatomy. Such a modification would be made with a reasonable expectation of success.
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 Ann Hu whose telephone number is (571) 272-6652. The examiner can normally be reached on Monday-Friday (9:00 am-5:30 pm EST).
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Jerrah Edwards, at (408) 918-7557. 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.
/ANN HU/Primary Examiner, Art Unit 3774
Prosecution Insights