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
Claims 13-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on August 03, 2026.
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.
Claims 7-12 are 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.
Claim 7 recites “…the second bearing is also disposed in the support housing”. It is unclear as to whether the Applicant is referring to the support housing for the bone milling apparatus or the bearing support housing. Proper action is required.
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) 1-6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schiff et al. (US 2012/0160945 A1).
Re Claim 1, Schiff discloses a bone milling apparatus 400, comprising: a support housing 404, the housing 404 comprises a base portion 408 with a top surface (see figure 7), a top portion 402 vertically spaced from the base portion 408, and support braces 401, 403 configured to couple the top portion 402 with the base portion 408 (Par. 0053, Fig. 7); a cutter 606 configured to rotate about a rotational axis; a push block assembly 610, 630 disposed on top of the base portion 408, the push block assembly 610, 630 is configured to translate along the top surface of the base portion 408, thereby enacting a force against a bone segment during use to keep the bone segment in contact with the cutter 606; a push block motor 410, 412 communicatively coupled to the push block assembly 610, 630; and a drive motor communicatively coupled to the cutter 606, the drive motor (not shown) is configured to rotate the cutter 606 about the rotational axis (Pars. 0054-0061, Figs. 4-10).
Re Claims 2 and 3, Schiff discloses the support housing 404, cutter 606, and push block assembly 610, 630 are disposed in a cutting room environment on a first side of a barrier wall, and the push block motor and the drive motor are disposed in a power room environment on a second side of the barrier wall and the cutting room environment comprises a cleanroom environment (Pars. 0056, 0058 and 0068).
Re Claim 4, Schiff discloses the push block assembly 610, 630 comprises a push block 630 with an interface surface (See figure 7), the interface surface comprises an engaging feature that assists in preventing rotation of the bone segment during use and in maintaining the bone segment W against the cutter 606, the engaging feature comprises at least one of: serrations; spikes; nodules; a textured surface; knurling; or any combination thereof (Par. 0063).
Re Claim 5, Schiff discloses the cutter 606 comprises a plurality of teeth configured in a helical pattern along a rotational axis of the cutter (Pars. 0034, 0035, 0060 and 0061, Figs. 6 and 7).
Re Claim 6, Schiff discloses the cutter 606 comprises eight teeth, each of the eight teeth is configured to have a helix angle of 30 degrees with respect to the rotational axis (See figure 6).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.
Claim(s) 7-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schiff et al. (US 2012/0160945 A1), in view of Yin et al. (CN , herein referenced by the EPO English Machine translation).
Re Claim 7, Schiff discloses the support housing 404 is coupled to a bearing support (not shown) (Pars. 0057 and 0070); a cutter shaft 628 configured to rotate about the rotational axis; a first bearing (not labeled, see the figure below) configured to enable rotation of the cutter shaft 628; a second bearing (not labeled, see the figure below) additionally configured to enable rotation of the cutter shaft 628, the second bearing is also disposed in the support housing 404 the second bearing is horizontally spaced along the rotational axis from the first bearing (See figure 7 and the figure below) and a coupling (inherent, not shown), the coupling is configured to mechanically couple the cutter shaft 628 to a motor shaft (not shown) (Par. 0058, Fig. 7). Schiff does not explicitly disclose a bearing housing assembly further comprising: a bearing support housing; a first bearing disposed in the bearing support housing.
Yin discloses a bone milling apparatus 1, comprising: a bearing housing assembly further comprising: a bearing support housing; a cutter shaft 13 configured to rotate about a rotational axis; a first bearing 4 configured to enable rotation of the cutter shaft 13, the first bearing 4 is disposed in the bearing support housing; a second bearing 7 additionally configured to enable rotation of the cutter shaft 13, wherein the second bearing is also disposed in the bearing support housing, the second bearing 7 is horizontally spaced along the rotational axis from the first bearing 4; and a coupling 17, 18, the coupling 17, 18 is configured to mechanically couple the cutter shaft 13 to a motor shaft (Pars. 0033 and 0034, Figs. 1-3). It would have been obvious to one of ordinary skill in the art to modify the invention of Schiff by providing a bearing housing assembly as disclosed by Yin as a known means for housing support bearings.
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Re Claim 8, the combination as applied to claim 8 remains as previously applied. Schiff discloses support bearings (Par. 0058). Schiff does not explicitly disclose the first bearing, and the second bearing are cylindrical roller bearings. It would have been obvious to one of ordinary skill in the art to utilize cylindrical roller bearings as claimed as both would yield the predictable result of helping to rotate the cutter shaft. See § 103."KSR, 550 U.S. at 421, 82 USPQ2d at 1397.
Re Claim 9, the combination as applied to claim 8 remains as previously applied. Schiff discloses the cutter 606 is configured to removably couple to the cutter shaft 628 (Par. 0058).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BAYAN SALONE whose telephone number is (571)270-7739. The examiner can normally be reached M-F 9-60 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Bryant can be reached at (571)272-4526. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BAYAN SALONE/Primary Examiner, Art Unit 3726
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