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 of Group I claims 1-7 and 13-22 in the reply filed on July 29th, 2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Drawings
Color photographs and color drawings are not accepted in utility applications unless a petition filed under 37 CFR 1.84(a)(2) is granted. Any such petition must be accompanied by the appropriate fee set forth in 37 CFR 1.17(h), one set of color drawings or color photographs, as appropriate, if submitted via the USPTO patent electronic filing system or three sets of color drawings or color photographs, as appropriate, if not submitted via the via USPTO patent electronic filing system, and, unless already present, an amendment to include the following language as the first paragraph of the brief description of the drawings section of the specification:
The patent or application file contains at least one drawing executed in color. Copies of this patent or patent application publication with color drawing(s) will be provided by the Office upon request and payment of the necessary fee. Color photographs will be accepted if the conditions for accepting color drawings and black and white photographs have been satisfied. See 37 CFR 1.84(b)(2).
Applicant’s figure 7 appears to be a color photograph or another digital media that is not black and white line drawings making it difficult to ascertain certain aspects of their invention.
Claim Interpretation
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “connection arrangement” in claim 17. Applicant’s specification provides support for this being an opening in the endplate which receives the linkage block via the linkage bar (figure 15, ¶125 of the originally filed spec).
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 33-40 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 33 recites the limitations "said fully closed or collapsed position" in line 21 and “said fully open or expanded position” in lines 23-24. There is insufficient antecedent basis for these limitations in the claim.
Claims 34-40 are rejected under 35 U.S.C. 112(b) as they depend from a rejected base claim and do not rectify the issues at hand.
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.
Claims 1-3, 5, 13-19, 21, 33-37 and 39 are rejected under 35 U.S.C. 103 as being unpatentable over Berry (US 2024/0299180) in view of Jimenez et al. (US 2015/0272743).
Regarding claim 1, Berry discloses an expandable prosthetic device; said expandable prosthetic device comprises a drive block (20); said drive block includes a drive block opening (25) and a slot region (see figure below); a linkage block (50); said linkage block includes a linkage housing (see figure below); said linkage block is movable within said slot region of said drive block (figures 1-6, ¶22-23); a drive screw (40); said drive screw includes a head (see figure below) and body portion (see figure below); said head is rotatably positioned in within said drive block opening (figures 2, 4, ¶22); said body portion is threadingly connected to said linkage block (via 51, ¶22); first and second endplates (30’s); said first endplate (“top” 30) includes a front portion (see figure below) and a rear portion (see figure below); said second endplate includes a front portion (see figure below) and a rear portion (see figure below); said rear portion of said first and second endplates are pivotally connected together (figures 1-6, via the drive block); and, first and second sets of linkages (60’s); said first set of linkage includes first (see figure below) and second linkages (see figure below); said second set of linkage includes first (see figure below) and second linkages (see figure below); said first linkage of said first set of linkages engages said first endplate (figures 2, 4); said first linkage of said second set of linkages engages said first endplate (figures 2, 4); said second linkage of said first set of linkages engages said second endplate (figures 2, 4); said second linkage of said second set of linkages engages said second endplate (figures 2, 4); said first and second sets of linkages are spaced from one another (figures 2-6); and wherein rotation of said drive screw simultaneously causes I) movement of said linkage block relative to said drive block, and II) movement of said first endplate relative to said second endplate (¶22-23).
Berry discloses the linkages are connected to the drive block (“Arms 60 extend from drive block 50 to endplate 30. The block connecting aperture 61 of arm 60 pivots about pivot aperture 52 of drive block 50. Similarly, the endplate connecting aperture 62 of arm 60 pivots about front aperture 33 of endplate 30.”). However, Berry fails to expressly teach or disclose the linkage block includes a linkage bar and that the linkage bar is connected to each respective linkage of the first and second set of linkages.
Jimenez et al. disclose an expandable prosthetic device (100, figure 16) having a drive block 122a and a linkage block including a linkage housing (122b/c) and a linkage bar (114) at least partially positioned in the linkage housing (figure 16, ¶61), and the linkage bar coupling/engaging to respective linkages (112’s) as it is a known configuration for coupling a set of linkages to a linkage housing for pivoting movement of the linkages relative to the linkage housing (¶57).
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of filing to have constructed the expandable prosthetic device of Berry to include a linkage bar for connecting the respective linkages to the linkage housing as taught by Jimenez et al. as it is a known configuration for coupling a set of linkages to a linkage housing for pivoting movement of the linkages relative to the linkage housing.
Regarding claim 2, Berry discloses the drive screw is rotatably coupled within said drive block opening and is threadingly disposed within said linkage block (figures 2-6, ¶22).
Regarding claim 3, Berry discloses each linkage has a first portion (61) and a second portion (62) that is spaced apart from said first portion along a longitudinal axis (considered the central longitudinal axis of each respective 60); said first portion of each of said linkages is rotatably coupled to said linkage bar and said second portion of each of said linkages engages either said first or second endplate (figures 2-6). Regarding claim 5, Berry discloses wherein one or more of said first endplate and said second endplate includes a micro-textured surface, and/or one or more teeth (figure 4, ¶20).
Regarding claim 13, Berry discloses an expandable prosthetic device; said expandable prosthetic device comprises a drive block (20); said drive block includes a drive block opening (25); a linkage block (50); said linkage block includes a linkage housing (see figure below); a drive screw (40); said drive screw includes a head (see figure below) and body portion (see figure below); said head is rotatably positioned in within said drive block opening (figures 2, 4); said body portion is threadingly connected to said linkage block (¶22, via 51); first and second endplates (30’s); said first endplate (“top” 30) includes a front portion (see figure below) and a rear portion (see figure below); said second endplate (“bottom” 30) includes a front portion (see figure below) and a rear portion (see figure below); said rear portion of said first and second endplates are pivotally connected together (via drive block, figures 2-6); and, first and second sets of linkages (60’s); said first set of linkage includes first (see figure below) and second linkages (see figure below); said second set of linkage includes first (see figure below) and second linkages (see figure below); said first linkage of said first set of linkages engages said first endplate (figures 2, 4); said first linkage of said second set of linkages engages said first endplate (figures 2, 4); said second linkage of said first set of linkages engages said second endplate (figures 2, 4); said second linkage of said second set of linkages engages said second endplate (figures 2, 4); said first and second sets of linkages are spaced from one another (figures 2, 4-5); and wherein rotation of said drive screw causes I) movement of said linkage block relative to said first and/or second end plates along a longitudinal length of said expandable prosthetic device when said expandable prosthetic device moves from a fully closed or collapsed position to a fully open or expanded position (figure 5, ¶22-23), and II) movement of said first endplate relative to said second endplate when said expandable prosthetic device moves from said fully closed or collapsed position to said fully open or expanded position (figures 2, 5, ¶22-23); and wherein said drive block and linkage block are moveable relative one another when said expandable prosthetic device is moved between said fully closed or collapsed position (¶22-23), and a spacing between a front end (see figure below) of said drive block and linkage block is reduced as said expandable prosthetic device moves from said fully closed or collapsed position to said fully open or expanded position (figures 2, 4-5). Berry discloses the linkages are connected to the drive block (“Arms 60 extend from drive block 50 to endplate 30. The block connecting aperture 61 of arm 60 pivots about pivot aperture 52 of drive block 50. Similarly, the endplate connecting aperture 62 of arm 60 pivots about front aperture 33 of endplate 30.”). However, Berry fails to expressly teach or disclose the linkage block includes a linkage bar and that the linkage bar is connected to each respective linkage of the first and second set of linkages.
Jimenez et al. disclose an expandable prosthetic device (100, figure 16) having a drive block 122a and a linkage block including a linkage housing (122b/c) and a linkage bar (114) at least partially positioned in the linkage housing (figure 16, ¶61), and the linkage bar coupling/engaging to respective linkages (112’s) as it is a known configuration for coupling a set of linkages to a linkage housing for pivoting movement of the linkages relative to the linkage housing (¶57).
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of filing to have constructed the expandable prosthetic device of Berry to include a linkage bar for connecting the respective linkages to the linkage housing as taught by Jimenez et al. as it is a known configuration for coupling a set of linkages to a linkage housing for pivoting movement of the linkages relative to the linkage housing.
Regarding claim 14, Berry discloses the drive block moves along a longitudinal length of said expandable prosthetic device as said expandable prosthetic device moves from said fully closed or collapsed position to said fully open or expanded position (figures 2, 4-5). Regarding claim 15, Berry discloses wherein a front or proximal plane of said linkage block remains in a same plane as a front or proximal edge of said first and second endplates as said expandable prosthetic device moves from said fully closed or collapsed position to said fully open or expanded position (figures 2, 4-5).
Regarding claim 16, Berry discloses a distal end portion of said linkage block includes a slotted region (see figure below) that enables movement of said linkage block along said longitudinal length of said expandable prosthetic device as said expandable prosthetic device moves from said fully closed or collapsed position to said fully open or expanded position (figures 4-6). Regarding claim 17, Berry discloses a connection arrangement connects (33) said slotted region of said linkage block to a rear region of said first and/or second endplates (figures 1-5).
Regarding claim 18, Berry discloses the drive screw is rotatably coupled within said drive block opening and is threadingly disposed within said linkage block (figures 2-6, ¶22).
Regarding claim 19, Berry discloses each linkage has a first portion (61) and a second portion (62) that is spaced apart from said first portion along a longitudinal axis; said first portion of each of said linkages is rotatably coupled to said linkage block and said second portion of each of said linkages engages either said first or second endplate (figures 1-6). Regarding claim 21, Berry discloses one or more of said first endplate and said second endplate includes a micro-textured surface, and/or one or more teeth (figure 4, ¶20).
Regarding claim 33, Berry discloses an expandable prosthetic device; said expandable prosthetic device comprises a drive block (20); said drive block includes a drive block opening (25) and a slot region (see figure below);a linkage block (50); said linkage block includes a linkage housing (see figure below); said linkage housing is movably positioned in said slot region of said drive block (¶22-23); a drive screw (40); said drive screw includes a head (see figure below) and body portion (see figure below); said head is rotatably positioned in within said drive block opening (figures 2, 4); said head is configured to not move longitudinally in said drive block housing as said drive screw is rotated (¶20, ¶22-23, figures 2, 4-5); said body portion is connected to said linkage block (figures 2, 4-5); first and second endplates (30’s); said first endplate (“top” 30) includes a front portion (see figure below) and a rear portion (see figure below); said second endplate (“bottom” 30) includes a front portion (see figure below) and a rear portion (see figure below); said rear portion of said first and second endplates are pivotally connected together (figures 16); and, first and second sets of linkages (60’s); said first set of linkage includes first (see figure below) and second linkages (see figure below); said second set of linkage includes first (see figure below) and second linkages (see figure below); said first linkage of said first set of linkages engages said first endplate; said first linkage of said second set of linkages engages said first endplate; said second linkage of said first set of linkages engages said second endplate (figures 2, 4-5); said second linkage of said second set of linkages engages said second endplate (figures 2, 4-5); said first and second sets of linkages are spaced from one another (figures 2, 4-5); and wherein said drive block and linkage block are moveable relative one another when said expandable prosthetic device is moved between said fully closed or collapsed position (figure 2), and a spacing between a front end of said drive block and linkage block is reduced as said expandable prosthetic device moves from said fully closed or collapsed position to said fully open or expanded position (figures 4-5).
Berry discloses the linkages are connected to the drive block (“Arms 60 extend from drive block 50 to endplate 30. The block connecting aperture 61 of arm 60 pivots about pivot aperture 52 of drive block 50. Similarly, the endplate connecting aperture 62 of arm 60 pivots about front aperture 33 of endplate 30.”). However, Berry fails to expressly teach or disclose the linkage block includes a linkage bar and that the linkage bar is connected to each respective linkage of the first and second set of linkages.
Jimenez et al. disclose an expandable prosthetic device (100, figure 16) having a drive block 122a and a linkage block including a linkage housing (122b/c) and a linkage bar (114) at least partially positioned in the linkage housing (figure 16, ¶61), and the linkage bar coupling/engaging to respective linkages (112’s) as it is a known configuration for coupling a set of linkages to a linkage housing for pivoting movement of the linkages relative to the linkage housing (¶57).
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of filing to have constructed the expandable prosthetic device of Berry to include a linkage bar for connecting the respective linkages to the linkage housing as taught by Jimenez et al. as it is a known configuration for coupling a set of linkages to a linkage housing for pivoting movement of the linkages relative to the linkage housing. Regarding claim 34, Berry discloses the drive block moves along a longitudinal length of said expandable prosthetic device as said expandable prosthetic device moves from said fully closed or collapsed position to said fully open or expanded position (figure 2, 4-5). Regarding claim 35, Berry discloses a front or proximal plane of said linkage block remains in a same plane as a front or proximal edge of said first and second endplates as said expandable prosthetic device moves from said fully closed or collapsed position to said fully open or expanded position (figures 2, 4-5). Regarding claim 36, Berry discloses the drive screw is threadingly disposed within said linkage block (¶22, via 51).
Regarding claim 37, Berry discloses each linkage has a first portion (61) and a second portion (62) that is spaced apart from said first portion along a longitudinal axis; said first portion of each of said linkages is rotatably coupled to said linkage block and said second portion of each of said linkages engages either said first or second endplate (figures 1-6).
Regarding claim 39, Berry discloses one or more of said first endplate and said second endplate includes a micro-textured surface, and/or one or more teeth (figure 4, ¶20).
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Claims 4, 6, 20, 22, 38 and 40 are rejected under 35 U.S.C. 103 as being unpatentable over Berry (US 2024/0299180) in view of Jimenez et al. (US 2015/0272743) in further view of Deutchman et al. (US 2017/0258597).
Regarding claims 4, 20 and 38, Berry in view of Jimenez et al. fails to expressly teach or disclose at least a portion of said expandable prosthetic device includes one or more metal alloys selected from the group consisting of a) stainless steel, b) CoCr alloy, c) TiAlV alloy, d) aluminum alloy, e) nickel alloy, f) titanium alloy, g) tungsten alloy, h) molybdenum alloy, i) copper alloy, j) beryllium-copper alloy, k) refractory metal alloy, or 1) metal alloy that includes at least 5 awt.% rhenium.
Rather Berry only teaches that the material is a metal (¶18) and is silent to the specifics.
Deutchman et al. teaches the use of metallic prosthetic implants (figures 1-16B, ¶3) the implant can be constructed such that at least a portion of said expandable prosthetic device includes one or more metal alloys selected from the group consisting of a) stainless steel, b) CoCr alloy, c) TiAlV alloy, d) aluminum alloy, e) nickel alloy, f) titanium alloy, g) tungsten alloy, h) molybdenum alloy, i) copper alloy, j) beryllium-copper alloy, k) refractory metal alloy, or 1) metal alloy that includes at least 5 awt.% rhenium (¶3 ¶34, ¶55).
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of fling to have constructed the expandable prosthetic device of Berry in view of Jimenez et al. to be constructed of one of a) stainless steel, b) CoCr alloy, c) TiAlV alloy, d) aluminum alloy, e) nickel alloy, f) titanium alloy, g) tungsten alloy, h) molybdenum alloy, i) copper alloy, j) beryllium-copper alloy, k) refractory metal alloy, or 1) metal alloy that includes at least 5 awt.% rhenium as taught by Deutchman et al. as these are known metal material know for use in creating prosthetic device for the material properties including their wear resistance, strength and corrosion resistance.
Regarding claims 6, 22 and 40, Berry in view of Jimenez et al. fails to expressly teach or disclose one or more portions of said expandable prosthetic device includes an enhancement layer; said enhancement layer includes one or more include chromium nitride (CrN), diamond-like carbon (DLC), titanium nitride (TiN), titanium oxynitride or titanium nitride oxide (TiNOx), zirconium nitride (ZrN), zirconium oxide (ZrO2), zirconium oxynitride (ZrNxOy), oxyzirconium-nitrogen-carbon (ZrNC), and/or zirconium OxyCarbide (ZrOC).
Deutchman et al. teaches one or more portions of said expandable prosthetic device includes an enhancement layer; said enhancement layer includes one or more include chromium nitride (CrN), diamond-like carbon (DLC), titanium nitride (TiN), titanium oxynitride or titanium nitride oxide (TiNOx), zirconium nitride (ZrN), zirconium oxide (ZrO2), zirconium oxynitride (ZrNxOy), oxyzirconium-nitrogen-carbon (ZrNC), and/or zirconium OxyCarbide (ZrOC) (¶35) as the enhancement layer provides a coating which yields a high bulk fracture/fatigue-resistant properties characteristic of metallic materials, and also have the high surface wear- and corrosion-resistant properties characteristic of hard ceramic materials may be provided (¶53).
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of filing to have constructed the prosthesis of Berry in view of Jimenez et al. to have an enhancement layer as taught by Deutchman et al. as the enhancement layer provides a coating which yields a high bulk fracture/fatigue-resistant properties characteristic of metallic materials, and also have the high surface wear- and corrosion-resistant properties characteristic of hard ceramic materials may be provided.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW JAMES LAWSON whose telephone number is (571)270-7375. The examiner can normally be reached Mon - Fri 6:30-3:00. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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/MATTHEW J LAWSON/Primary Examiner, Art Unit 3619
