Prosecution Insights
Last updated: October 26, 2026
Application No. 18/980,071

PROSTHETIC TIBIAL COMPONENT HAVING PIVOTABLE, SHOCK-ABSORBING ARTICULAR PADS

Non-Final OA §102
Filed
Dec 13, 2024
Examiner
BATES, DAVID W
Art Unit
3774
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
None recorded (individual inventor: Thomas A. Bunner)
OA Round
1 (Non-Final)
76%
Grant Probability
Favorable
1-2
OA Rounds
1y 5m
Est. Remaining
93%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allowance Rate
834 granted / 1091 resolved
+6.4% vs TC avg
Strong +17% interview lift
Without
With
+16.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
47 currently pending
Career history
1139
Total Applications
across all art units

Statute-Specific Performance

§101
2.1%
-37.9% vs TC avg
§103
43.2%
+3.2% vs TC avg
§102
30.2%
-9.8% vs TC avg
§112
23.6%
-16.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1091 resolved cases

Office Action

§102
DETAILED ACTION This is the first office action on the merits in this application. The claims of December 13, 2024, are under consideration. Claims 1-19 are pending. 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 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) 1-4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Linares et al. (US 2013/0053972 A1) {Linares ‘972}. Regarding claim 1, Linares ‘972 teaches a tibial component of a prosthetic knee implant at figs. 5-8 (and details of bearings 86/88 seen at figs. 3 and 4), the tibial component comprising: an implant tray (82/84) having a medial tray socket 82 and a lateral tray socket 84, the medial tray socket 82 having a first socket bottom surface 94 and the lateral tray socket having a second socket bottom surface 96; a medial articular pad 72 that is sized and shaped to fit into the medial tray socket 82 (as in fig. 5, all components are pressed together by the anatomy and retained into a unitary structure, such that the pad 72 is at least functionally engaged with and retained withing 82); a lateral articular pad 74 that is sized and shaped to fit into the lateral tray socket 84 (as in fig. 5, all components are pressed together by the anatomy and retained into a unitary structure, such that the pad 74 is at least functionally engaged with and retained withing 84); a first and a second pivot bearing 86/88; and a first and a second cushion member 52 (see fig. 3: note that layer 52 is referred to as a “softer plastic” [0038]; note that at least in some situations, the outer layer of the bearings are formed to be ‘cushioning’ [0046]; in any case, softer material is ‘relatively’ cushioning compared to harder inner layers); wherein the medial articular pad 72 is supported within the medial tray socket 82 by the first pivot bearing 86 which engages the first socket bottom surface 94 and the first cushion member 52 which is sandwiched between the first pivot bearing 86 and the medial articular pad 72; wherein the lateral articular pad 74 is supported within the lateral tray socket 84 by the second pivot bearing 88 which engages the second socket bottom surface 96 and the second cushion member 52 which is sandwiched between the second pivot bearing 88 and the lateral articular pad 74; wherein the first and second pivot bearings 86/88 pivot, roll, and slide against the first and second socket bottom surfaces 94/96 and thereby allow the medial and lateral articular pads 72/74 to pivot and rotate within the medial and lateral tray sockets 82/84; and, wherein the first and second cushion members 52 absorb forces and impacts experienced by the medial and lateral articular pads 72/74 (inherently due to the assembly, and the softer/cushioning nature of material 52). Regarding claim 2, the first and second cushion members 52 are formed from a compressible, shock-absorbing, elastic material [0038], [0046]. Regarding claim 3, the first and second cushion members are springs (inherent due to their function as cushions). Regarding claim 4, the medial articular pad 72 comprises a first pad cavity 90 and the lateral articular pad 74 comprises a second cavity 92, and wherein the first cushion member 52 and the first pivot bearing 86 are received into the first cavity 90 and the second cushion member 52 and the second pivot bearing 88 are received into the second cavity 92. Claim(s) 14-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Linares et al. (US 2013/0053973 A1) {Linares ‘973}. Regarding claim 14, Linares ‘973 teaches a tibial component of a prosthetic knee implant as at figs. 1 and 2, the tibial component comprising: an implant tray 16/18 having a medial tray socket 16 and a lateral tray socket 18, the medial tray socket having a first bottom surface (the surface within the cutout within 16) and the lateral tray socket having a second bottom surface (the surface within the cutout within 18); a medial articular pad 12 that is sized and shaped to fit into and is pivotably supported within the medial tray socket 16 as in fig. 1, the medial articular pad 12 having a first posterior end (into the page in fig. 2); a lateral articular pad 14 that is sized and shaped to fit into and is pivotably supported within the lateral tray socket 18, the lateral articular pad having a second posterior end (into the page in fig. 2); a medial cushion base 20 that lines the first bottom surface of 16, the medial cushion base 20 having a first downwardly sloped portion formed at a posterior end of the medial cushion base (where the belt turns in a U-shape); and a lateral cushion base 20 that lines the second bottom surface of 18, the lateral cushion base having a second downwardly sloped portion formed at a posterior end of the lateral cushion base (at the U-shaped portion of 20); wherein the medial cushion base 20 absorbs forces and impacts experienced by the medial articular pad 12 and the lateral cushion base 20 absorbs forces and impacts experienced by the lateral articular pad 14 (noting that belt 20 is formed of a softer, flexible material [0023], it is considered inherent that 20 will act in the claimed manner to at least some extent); and wherein when the medial and lateral articular pads 12/14 pivot in a posterior direction, the first and second posterior ends of the medial and lateral articular pads 12/14 also pivot downwardly towards the first and second downwardly sloped portions of each 20. Regarding claim 15, the implant tray 16/18 includes a depressed portion along a posterior edge of one or both of the medial and lateral tray sockets 16/18 (depressed at least relative to portion 44/46). Regarding claim 16, the implant tray 16/18 includes a depressed portion along a posterior edge of the lateral tray socket 16 (depressed at least relative to 44). Allowable Subject Matter Claims 5-13 and 17-19 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. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to David Bates whose telephone number is (571)270-7034. The examiner can normally be reached Monday through Friday, 10AM-6PM 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, please contact the examiner’s supervisor, Kevin Truong, at (571)272-4705. 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. /DAVID W BATES/Primary Examiner, Art Unit 3799
Read full office action

Prosecution Timeline

Dec 13, 2024
Application Filed
Sep 22, 2026
Non-Final Rejection mailed — §102
Oct 13, 2026
Applicant Interview (Telephonic)
Oct 13, 2026
Examiner Interview Summary

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
76%
Grant Probability
93%
With Interview (+16.7%)
3y 3m (~1y 5m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1091 resolved cases by this examiner. Grant probability derived from career allowance rate.

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