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.
Claims 1-5 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Pub. Bo. 2015/0238316 to Lin et al.
As to Claim 1, Lin discloses a trial augment (130) for augmenting a bone implant in a first direction [0008]. The trial augment comprises a first connection element (134) configured for connecting the trial augment to a device (120, [0024-0026]), and a second connection element (51) configured to connect to a second trial augment (second augment 130) to further augment the bone implant in the first direction (Figs. 2 and 3, [0026-0027]).
As to Claim 2, Lin discloses a trial augment wherein the device is the bone implant (120, [0024]).
As to Claim 3, Lin discloses a trial augment further comprising a body (130) for augmenting the bone implant (120), wherein the first connection element (135) protrudes on a distal side of the body and the second connection element recesses (51) on a proximal side of the body (Figs. 3-4, [0026-0027]).
As to Claim 4, Lin discloses a trial augment further comprising a body (130) for augmenting the bone implant (120), wherein the first connection element (51) recesses on a proximal side of the body and the second connection element (135) protrudes on a distal side of the body (Figs. 3-4, [0026-0027]).
As to Claim 5, Lin discloses a trial augment wherein the first connection element (134) extends in a second direction (towards 140, Fig. 3), and the second connection element (51) extends in the second direction (towards 140, Fig. 3).
As to Claim 20, Lin discloses a set of trial augments comprising at least two trial augments according to claim 1 (augments 130, 150, [0036-0038]).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 6-19 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Pub. Bo. 2015/0238316 to Lin et al. in view of U.S. Patent No. 5,108,442 to Smith.
As to Claims 6, Lin discloses the claimed invention except for wherein the first connection element comprises a first member of a linear slide that has a cross-section for interlocking interaction with a second member of the linear slide provided by the device or the second trial augment, wherein the linear slide is a dovetail slide, wherein the first member is configured to slide in the linear slide, further comprising a spring assembly, wherein the first member comprises a wall with an opening for the spring assembly, wherein the spring assembly is arranged in the opening, wherein the spring assembly is configured to protrude from the first member, and wherein the spring assembly is configured to be pushed into the opening flush with the wall, wherein the spring assembly is a spring sleeve, wherein the spring assembly is configured to protrude from the first member at an angle with respect to the wall of between 90 % and 45°, wherein the angle with respect to the wall is 90°, wherein the angle with respect to the wall is 45°, wherein the second connection element comprises a second member of a linear slide that is configured to lock into a first member of a second linear slide of the second trial augment, wherein the second member is configured to slide in the second linear slide, wherein the linear slide is a dovetail slide, wherein the second member has a cross-section for interlocking interaction with a first member of the second linear slide provided by the second trial augment, wherein the first member is a groove with an undercut or a dovetail groove, wherein the second member comprises a housing that is configured to receive a part of a spring assembly that protrudes from a first member of the second trial augment, wherein the part of the spring assembly comprises a part of a sleeve of a spring sleeve.
Smith discloses a trial augment for augmenting a bone implant in a first direction (Fig. 1, Col. 1, Lines 6-11). A first connection element (22) comprises a first member of a linear slide that has a cross-section for interlocking interaction with a second member (24) of the linear slide provided by the device or the second trial augment (Col. 2, Lines 51-66), wherein the linear slide is a dovetail slide (Col. 3, Lines 47-52), wherein the first member (22) is configured to slide in the linear slide (Col. 2, Lines 51-66), further comprising a spring assembly (30), wherein the first member comprises a wall with an opening (50) for the spring assembly (Figs. 5-6), wherein the spring assembly is arranged in the opening, wherein the spring assembly is configured to protrude from the first member (Figs. 5-6), and wherein the spring assembly is configured to be pushed into the opening flush with the wall (Col. 3, Lines 36-52). The spring (30) assembly is a spring sleeve (Col. 3, Lines 1-11), wherein the spring assembly is configured to protrude (at 34) from the first member at an angle with respect to the wall of between 90 % and 45° (seen in Figs. 5-6), wherein the angle with respect to the wall is 90° (seen in Fig. 6), wherein the angle with respect to the wall is 45° (seen in Fig. 5). The second connection element comprises a second member (30) of a linear slide that is configured to lock into a first member of a second linear slide of the second trial augment, wherein the second member is configured to slide in the second linear slide (Col. 3, Lines 53-69 – Col. 4, Lines 1-16), wherein the linear slide is a dovetail slide (Col. 3, Lines 47-52). The second member has a cross-section for interlocking interaction with a first member of the second linear slide provided by the second trial augment (Figs. 1-3, Col. 4, Lines 33-45). The first member is a groove with an undercut or a dovetail groove (24). The second member comprises a housing (28) that is configured to receive a part of a spring assembly (30) that protrudes from a first member of the second trial augment (Fig. 2, Col. 2, Lines 67-68 – Col. 3, Lines 1-4). Part of the spring assembly (30) comprises a part of a sleeve of a spring sleeve (Col. 3, Lines 1-11) in order to provide slidable engagement between members and locking therebetween (Col. 1, Lines 36-49).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the trial augment of Lin with the engagement and spring modification of Smith in order to provide slidable engagement between members and locking therebetween.
Conclusion
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/CHRISTOPHER J BECCIA/Primary Examiner, Art Unit 3775
