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 the invention of Group II in the reply filed on May 11, 2026 is acknowledged. Accordingly, claims 10-15 and 21-28 have been examined on the merits in this office action.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 12 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claim 12, the recitation “includes a movable stem to attach to taper of humeral stem” renders the claim vague and indefinite. Applicant’s disclosure describes the movable stem to attach to a tapered connector 32 of a humeral stem.
In claim 12, the recitation “configured to solidly hold the blade guide in place relative to the humeral stem.” renders the claim vague and indefinite because it is unclear what configuration is being claimed by “solidly hold.” It is suggested that Applicant recite “configured to hold…” to avoid confusion.
Appropriate correction is required.
Allowable Subject Matter
Claim 12 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claims 10-11, 13-15 and 21-28 are allowed.
Primary Reasons for Allowance: the closest prior art cited in the attached PTO-892 cite some features of Applicant’s claimed invention. However, no references or a reasonable combination thereof, could be found which disclose all the elements of Applicant’s claimed invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Anu Ramana whose telephone number is (571)272-4718. The examiner can normally be reached 8:00 am-5:00 pm.
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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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July 21, 2026
/Anu Ramana/Primary Examiner, Art Unit 3775
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