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 elected group (I) and claims 1 – 17 without traverse during the interview conducted on 06/02/2026.
Claims 23 – 25 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 during the interview conducted on 06/02/2026.
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.
Claim(s) 1 – 2, 4 and 10 – 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Termanini Et al. (US Pub. 2018/0214164 A1).
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Claim 1, Termanini discloses a pin guide device [abstract, Figs. 7 – 11, and Figs. 9 – 11 to Termanini above] comprising:
a cup [20] comprising an inner concave surface, an outer convex surface, a cup wall between the inner and outer surfaces, and a substantially circular base [Figs. 9 – 11 above, wherein a bone facing surface is convex, an opposite inner surface is concave, and at least a portion of the cup defines a circular base];
an elongated opening extending through the cup wall [3]; and
a stem [at least a portion of 32] comprising a passageway for receiving the pin [for receiving 33], the stem extending through the elongated opening and slidable within the elongated opening [¶31].
Termanini discloses the limitations of claim 1, as above, and further, Termanini discloses:
Claim 2, wherein the stem protrudes from a pin receiving member [at least a portion of 32 extends proximally from a distal portion of 32 defining the pin receiving member] comprising a rounded surface configured to contact the inner concave surface of the cup [Figs. 9 – 11 above].
Claim 4, wherein the cup comprises one or more first mating members [wherein the cup defines portions by the opening 3, defining first mating members], and the pin receiving member comprises one or more second mating members [wherein the distal portion of 32 defines portions by the opening 3, defining second mating members], wherein the first and second mating members are configured to interact with each other to hold the stem at a desired location within the elongated opening [Fig. 11 above].
Claim 10, wherein the cup wall comprises a mating surface configured to receive a guide device placement tool [wherein a surface portion by hole 23 or stem 22, defines a mating surface capable of receiving a guide device placement tool].
Claim 11, wherein the mating surface is an annular indentation [wherein a mating surface portion by hole 23 defines indentation].
Claim 12, at least one protrusion extending from a bone facing surface of the base [wherein at least a screw configured to be received by at least a hole to fasten the cup to the acetabulum, defines at least a portion extending from a bone facing surface of the base].
Claim 13, wherein the at least one protrusion comprises a first protrusion, a second protrusion, and a third protrusion [wherein the protruding portion of the screw, defines at least three sections / portions].
Claim 14, wherein one of the first, second, and third protrusions is longer than the other protrusions [wherein one of the at least three protruding sections / portions is defined to be longer than the other portions].
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) 1 – 9 and 15 – 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rouyer (FR-3104403 A1) in view of Vanassee et al. (US Pub. 2011/0054478 A1).
Claim 1, Rouyer discloses a pin guide device [abstract, Figs. 1 – 10] comprising:
a cup [5] comprising a substantially circular base [at least a portion of legs 10, 11 and 12 define a substantially circular base];
an elongated opening extending through the cup wall [at least a portion of passage 18]; and
a stem [at least a portion of member 21 alone or in combination with 31] comprising a passageway for receiving the pin [at least a portion of channel 22 is capable of receiving pin 2], the stem extending through the elongated opening and slidable within the elongated opening [Fig. 6].
Rouyer does not explicitly disclose wherein the cup comprising an inner concave surface, an outer convex surface, a cup wall between the inner and outer surfaces.
Vanassee teaches an analogous pin guide device [abstract, Fig. 2] comprising a cup [100] comprising an inner concave surface [defined by an inner surface facing the bone], an outer convex surface [defined by an outer surface facing away from the bone], a cup wall between the inner and outer surfaces [defined by a thickness of the cup measured between inner and outer wall], a substantially circular base [defined by a substantially circular portion of the cup by 106].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the current application to combine the teachings of Rouyer and Vanassee, and construct the cup of Rouyer having inner concave surface, outer convex surface, and a wall therebetween in view of Vanassee. One would have been motivated to do so in order to provide a cup to be seated on bone according to a preplanned orientation.
The combination of Rouyer and Vanassee discloses the limitations of claim 1, as above, and further, Rouyer discloses:
Claim 2, wherein the stem protrudes from a pin receiving member comprising a rounded surface configured to contact the inner concave surface of the cup [at least a portion of member 21 extends proximally from a distal portion by 23, defining the pin receiving member having rounded surface and capable of contacting the inner surface, Fig.6].
Claim 3, wherein the pin receiving member is configured to be locked at a desired location within the elongated opening [via tightening member 28].
Claim 4, wherein the cup comprises one or more first mating members [at least a portion of 16 defines first mating member], and the pin receiving member comprises one or more second mating members [at least a portion of 31 defines second mating member], wherein the first and second mating members are configured to interact with each other to hold the stem at a desired location within the elongated opening [Fig.6].
Claim 5, wherein the one or more first mating members are positioned on the outer convex surface of the cup [Figs.6 and 8].
Claim 6, one or more angle markings on the outer convex surface of the cup corresponding to an offset angle relative to the base [Fig.7].
Claim 7, an axis marking on the stem [B], the axis marking being parallel to a longitudinal axis of the stem and configured to be aligned with the one or more angle markings [Fig.7].
Claim 8, wherein the base is separable from the cup [wherein legs 10, 11 and 12, defining the base separable from cup 5].
Claim 9, wherein the cup comprises a first alignment feature and the base comprises a second alignment feature, the first and second alignment features being connectable [Fig.5 shows the connection between the base and the cup].
Claim 15, a first bridge extending from the stem to a first end offset from the longitudinal axis of the stem [one of fingers 23 defines a first bridge, Fig.5], a second bridge extending from the stem to a second end offset from the longitudinal axis of the stem [the other one of fingers 23 defines a first bridge, Fig.5], and an implant sizer connecting the first end to the second end [at least a portion of cup 5 defines implant sizer].
Claim 16, a first bridge extending to a first distal end perpendicular to the longitudinal axis of the stem [one of fingers 23 defines a first bridge, Fig.5], a second bridge extending to a second distal end perpendicular to the longitudinal axis of the stem [the other one of fingers 23 defines a first bridge, Fig.5], and an implant sizer connecting the first distal end to the second distal end [at least a portion of cup 5 defines implant sizer].
Claim 17, wherein the implant sizer is circular or semi-circular [at least a portion of cup 5 defining an implant sizer being circular, Fig.5].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMUEL S. HANNA whose telephone number is (571)270-3248. The examiner can normally be reached 8-5 M-F.
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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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/SAMUEL S HANNA/Primary Examiner, Art Unit 3775
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