DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . This action is responsive to the set of claims received on 12 February 2025. Claims 1-24 are currently pending.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
Drawings
The drawings received on 12 February 2025 are accepted by the examiner.
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 16, 18-21 and 23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Volpi et al. (U.S. Patent 8,491,595).
Volpi et al. disclose (as to claim 16) a method of using a guide (60) to facilitate drilling a tunnel (132) through a bone (100) at a drill angle (i.e. angle defined by the placement of 60 into the position as best seen in Figure 4), the method comprising the steps of placing a hook (10) of the guide at a desired insertion point (i.e. point where 18 contacts 100 as best seen in Figure 4) on a distal side (i.e. side contacted by 18, see Figure 4) of the bone (see column 8, lines 23-29), the guide comprising a k-wire guide tunnel (31) and a locking rod tunnel (13); inserting a locking rod (40a) into the locking rod tunnel until the locking rod contacts a proximal side (i.e. side contacted by 44, see Figure 4) of the bone (see column 6, line 54 – column 7, line 8); inserting a k-wire guide (40b) into the k-wire guide tunnel until the k-wire guide contacts the proximal side of the bone such that the k-wire guide forms an angle (A1) with the locking rod equal to the drill angle, the k-wire guide comprising a k-wire tunnel (i.e. tunnel defined by 40b, see column 6, lines 38-47) (see column 6, line 38 – column 7, line 19); inserting a k-wire (50b, see column 9, lines 29-32) into the k-wire tunnel of the k-wire guide and drilling the k-wire through the proximal side of the bone to the desired insertion point on the distal side of the bone (see column 8, lines 6-10); removing the k-wire guide from the k-wire guide tunnel of the guide (see column 9, lines 13-27); removing the locking rod from the locking rod tunnel of the guide (see column 9, lines 13-27); removing the guide from the bone (see column 9, lines 13-28); aligning a drill (i.e. a cannulated reamer) over the k-wire that is inserted in the bone and drilling the drill from the proximal side to distal side of the bone to form a bone tunnel (132) extending from the proximal side to distal side of the bone (see Figure 9, and column 9, lines 29-42); and removing the drill and the k-wire from the bone (see Figure 8, and column 9, line 64 – column 10, line 2), wherein (as to claim 18) the method further comprises engaging a hook tip (18) of the hook with the distal side of the bone when placing the hook of the guide at the desired insertion point on the distal side of the bone (see column 8, lines 23-29); and disengaging the hook tip of the hook prior to removing the guide from the bone (see column 9, lines 13-27), wherein (as to claim 19) the method further comprises engaging a tip end (i.e. end defining 44) of the locking rod with the proximal side of the bone when inserting the locking rod into the locking rod tunnel until the locking rod contacts the proximal side of the bone (see column 6, line 54 – column 7, line 8); and disengaging the tip end of the locking rod prior to removing the locking rod from the locking rod tunnel of the guide (see column 9, lines 13-27), wherein (as to claim 20) the method further comprises engaging a tip end (i.e. end defining 44) of the k-wire guide with the proximal side of the bone when inserting the k-wire guide into the k-wire guide tunnel until the k-wire guide contacts the proximal side of the bone (see column 6, line 38 – column 7, line 19); and disengaging the tip end of the k-wire guide prior to removing the k- wire guide from the k-wire guide tunnel of the guide (see column 9, lines 13-27), wherein (as to claim 21) inserting the locking rod into the locking rod tunnel further comprises engaging one of a plurality of ratchet teeth (45) on a shaft (i.e. shaft defined by length of 40a) of the locking rod with a locking rod ratchet mechanism (i.e. mechanism defined by 12) on the guide (see column 6, lines 49-60), and wherein (as to claim 23) inserting the k-wire guide into the k-wire guide tunnel further comprises engaging one of a plurality of ratchet teeth (45b) on a shaft (i.e. shaft defined by length of 40b) of the k-wire guide with a k-wire guide ratchet mechanism (i.e. mechanism defined by 30) on the guide (see column 7, lines 9-19) (see Figure 1-10, and column 4, line 60 – column 10, line 39).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Volpi et al. (U.S. Patent 8,491,595), as applied to claim 16 above.
Volpi et al. disclose the claimed method except for repeating the steps at an appropriate position on a second corresponding bone to form a second corresponding bone tunnel at the drill angle.
However, Volpi et al. teach the structure of the guide being configured for use on both left and right knees (see column 6, lines 32-37).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to construct the method of Volpi et al. with repeating the steps at an appropriate position on a second corresponding bone to form a second corresponding bone tunnel at the drill angle in view of the teaching of Volpi et al. in order to provide bone tunnels on both left and right knees to yield predictable results.
Claims 22 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Volpi et al. (U.S. Patent 8,491,595), as applied to claims 21 and 23 above respectively, in view of Goble et al. (U.S. Patent 5,350,380).
Volpi et al. disclose (as to part of claims 22 and 24) disengaging the locking rod and the k-wire guide from guide by rotating the locking rod and the k-wire guide 180 degrees to release the locking rod ratchet mechanism and the k-wire guide ratchet mechanism prior to removing the locking rod from the locking rod tunnel and the k-wire guide from the k-wire guide tunnel (see column 9, lines 13-18); however, fail to explicitly disclose (as to the remainder of claims 22 and 24) disengaging the locking rod from the guide by pushing on a locking rod button and disengaging the k-wire guide from the guide by pushing on a k-wire guide button.
Goble et al. teach the use of sleeves (36 and 50, i.e. similar in function to the locking rod and k-wire guide as disclosed by Volpi et al.) engaged with locking mechanisms (38 and 54) defined by a guide (10), wherein the sleeves are capable of being engaged and disengaged with the guide by pushing on a button (i.e. buttons defined by 36 and 50) (see Figure 1, and column 6, lines 39-54).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to construct the method of Volpi et al. with wherein the locking rod is disengaged from the guide by pushing on a locking rod button and the k-wire guide is disengaged from the guide by pushing on a k-wire guide button in view of Goble et al. in order to provide an alternative, well-known and obvious means for positively locking positions of the locking rod and k-wire guide relative to the guide to yield predictable results.
Allowable Subject Matter
Claims 1-15 are allowed.
The following is a statement of reasons for the indication of allowable subject matter. Claims 1-15 in the instant application have not been rejected using prior art because no references, or reasonable combination thereof, could be found which disclose, or suggest, in combination with the underlined limitations below, a guide for drilling a tunnel through a bone at a drill angle comprising a guide arm comprising an elongated segment joined to a connecting segment, the elongated segment comprising a k-wire guide tunnel having a longitudinal axis, an entry, and an exit, the connecting segment comprising a distal end with a guide arm tunnel having a longitudinal axis, the guide arm tunnel having an entry and an exit, the longitudinal axis of the guide arm tunnel and the longitudinal axis of the k-wire guide tunnel converging at an angle equal to the drill angle; a guide body having a first section and a second section, the first section comprising an opening adapted to receive the distal end of the guide arm connecting segment and having upper and lower locking rod holes, the upper and lower locking rod holes adapted to align with the guide arm tunnel to form a locking rod tunnel, the second section comprising a hook terminating in a hook tip, the hook tip adapted to engage a distal side of the bone; a k-wire guide adapted to be received by the k-wire guide tunnel, the k-wire guide comprising a proximal end, a distal end, and a shaft, the shaft comprising a k-wire tunnel bored through the shaft, the k-wire tunnel adapted to receive a k-wire, the distal end of the k-wire guide comprising a tip end adapted to engage a proximal side of the bone; the shaft of the k-wire guide comprising a plurality of ratchet teeth adapted for locking and unlocking the k-wire guide at a desired position; a locking rod adapted to be received by the locking rod tunnel, the locking rod comprising a proximal end, a distal end, and a shaft, the distal end of the locking rod comprising a tip end adapted to engage the proximal side of the bone; the shaft of the locking rod comprising a plurality of ratchet teeth adapted for locking and unlocking the locking rod at a desired position; the guide arm further comprising a k-wire guide ratchet mechanism adapted to engage the plurality of ratchet teeth on the k-wire guide and to permit the k-wire guide to slide freely in a direction from the entry to the exit of the k-wire guide tunnel, and to prevent the k-wire guide from sliding in a direction from the exit to the entry of the k-wire guide tunnel; and the guide arm further comprising a locking rod ratchet mechanism adapted to engage the plurality of ratchet teeth on the locking rod and to permit the locking rod to slide freely in a direction from the upper to the lower locking rod hole, and to prevent the locking rod from sliding in a direction from the lower to the upper locking rod hole.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Purnell et al. (U.S. Patent 4,781,182) disclose a guide for drilling a tunnel through a bone comprising a guide arm, a guide body, a k-wire guide, and a locking rod.
Berbey et al. (FR 2948551) disclose a guide for drilling a tunnel through a bone comprising a guide arm, a guide body, a pin guide, and a locking rod.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LARRY E WAGGLE, JR whose telephone number is (571)270-7110. The examiner can normally be reached TEAP: Monday - Friday (7:45am - 3:45pm).
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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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/LARRY E WAGGLE, JR/Primary Examiner, Art Unit 3775