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 .
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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.
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) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Metzger et al. (US2014/0081275 A1).
Regarding claim 1, Metzger et al. (‘275) teach a guide for an arthroplasty procedure, comprising: a body comprising: a first guide hole is configured for receiving a tool; a second guide hole is configured for receiving the tool, wherein the second guide hole is spaced a first distance from the first guide hole; and an opening spaced a second distance from both the first guide hole and the second guide hole, wherein the opening has a length, a width, and a depth, the depth being in a direction through the body, and the length being greater than the width, wherein the opening is configured to receive a portion of a pin (“tibial alignment guide 300 can be used to drill reference holes for the corresponding proximal and anterior alignment pins 123, 127, which can then be re-inserted as needed for each resection and corresponding resection block after the tibial alignment/resection guide 300 is removed” see [0039]; and Fig. 6).
Regarding claim 2, Metzger et al. (‘275) teach the guide of claim 1 wherein the first distance corresponds to a distance between a pair of pegs associated with a cut block (see [0039]; and Fig. 6).
Regarding claim 3, Metzger et al. (‘275) teach the guide of claim 1 wherein the second distance corresponds to a distance between: (i) a virtual plane having a pre-defined location relative to a bone; and (ii) and a location for forming one or more pilot holes in the bone (see [0039]; and Fig. 6).
Regarding claim 4, Metzger et al. (‘275) teach the guide of claim 1 wherein the tool is a drill bit (see [0039]; and Fig. 6).
Regarding claim 5, Metzger et al. (‘275) teach the guide of claim 1 wherein the body comprises a surface configured to contact a cut surface formed on a bone (see [0039]; and Fig. 6).
Regarding claim 6, Metzger et al. (‘275) teach the guide of claim 5 wherein the bone is a femur and the cut surface is a distal cut surface formed on the femur during a knee replacement procedure (see [0039]; and Fig. 6).
Regarding claim 7, Metzger et al. (‘275) teach the guide of claim 1 wherein the first guide hole and second guide hole are aligned along an axis and the opening is spaced in a direction perpendicular to the axis (see [0039]; and Fig. 6).
Regarding claim 8, Metzger et al. (‘275) teach the guide of claim 1 wherein the opening is configured to receive a bone pin at any location within the opening (see [0039]; and Fig. 6).
Regarding claim 9, Metzger et al. (‘275) teach the guide of claim 1 wherein the opening is configured to receive a first bone pin and a portion of a second bone pin (see [0039]; and Fig. 6).
Regarding claim 10, Metzger et al. (‘275) teach the guide of claim 1 wherein the opening is a slot (see [0039]; and Fig. 6).
Regarding claim 11, Metzger et al. (‘275) teach a system, comprising the guide of claim 1; and one or more pins for insertion in a bone (“tibial alignment guide 300 can be used to drill reference holes for the corresponding proximal and anterior alignment pins 123, 127, which can then be re-inserted as needed for each resection and corresponding resection block after the tibial alignment/resection guide 300 is removed” see [0039]; and Fig. 6).
Regarding claim 12, Metzger et al. (‘275) teach the system of claim 11 wherein the opening is configured to receive the one or more pins at any location within the opening (see [0039]; and Fig. 6).
Regarding claim 13, Metzger et al. (‘275) teach the system of claim 11 wherein the second distance corresponds to a distance between: (i) a virtual plane having a pre-defined location relative to the bone; and (ii) and a location for forming one or more pilot holes in a bone (see [0039]; and Fig. 6).
Regarding claim 14, Metzger et al. (‘275) teach the system of claim 11 further comprising a computer configured to store a location of a virtual plane having a pre-defined location relative to the bone (see [0039]; and Fig. 6).
Regarding claim 15, Metzger et al. (‘275) teach the system of claim 14 wherein the one or more pins are configured to be inserted in the bone coincident with the virtual plane (see [0039]; and Fig. 6).
Regarding claim 16, Metzger et al. (‘275) teach the system of claim 15 further comprising a robotic device configured to maintain alignment of a pin coincident with the virtual plane to facilitate inserting the one or more pins in the bone (see [0039]; and Fig. 6).
Regarding claim 17, Metzger et al. (‘275) teach the system of claim 15 wherein the opening receives a portion of the one or more pins after the one or more pins have been inserted in the bone (see [0039]; and Fig. 6).
Regarding claim 18, Metzger et al. (‘275) teach the system of claim 17 wherein the body comprises a surface configured to contact a cut surface formed on a bone (see [0039]; and Fig. 6).
Regarding claim 19, Metzger et al. (‘275) teach the system of claim 18 wherein the bone is femur and the cut surface is a distal cut surface formed on the femur during a knee replacement procedure (see [0009]).
Regarding claim 20, Metzger et al. (‘275) teach the system of claim 11 wherein the first distance corresponds to a distance between a pair of pegs associated with a cut block (see [0039]; and Fig. 6).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK REMALY whose telephone number is (571)270-1491. The examiner can normally be reached Mon - Fri 9:00 - 6:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher Koharski can be reached at (571) 272-7230. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARK D REMALY/Primary Examiner, Art Unit 3797
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