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 19 May 2025. Claims 1-20 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 19 May 2025 are accepted by the examiner.
Claim Objections
Claim 15 is objected to because of the following informality:
In lines 1-2, it appears that the phrase “the first diameter of the upper portion on the at least one insert” should read “the first diameter of the upper portion of the at least one insert.”
Claim 19 is objected to because of the following informality:
In lines 3-4, it appears that the phrase “the second diameter o the lower portion” should read “the second diameter of the lower portion.”
Appropriate correction is required.
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 1-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hatch et al. (U.S. Patent Application Publication 2021/0077120).
Hatch et al. disclose (as to claim 1) an orthopedic instrument system (10) comprising a first cut guide (60); a second cut guide (70); and at least one insert (40) that is at least partially receivable within at least a portion (i.e. portion defining 120) of the first cut guide and the second cut guide, wherein (as to claim 2) the at least one insert comprises a first insert (i.e. right-most instance of 40 as best seen in Figure 5) and a second insert (i.e. left-most instance of 40 as best seen in Figure 5), wherein (as to claim 3) the first insert is at least partially receivable within at least a portion (i.e. portion defining 120) of the first cut guide, and wherein the second insert is receivable within at least a portion (i.e. portion defining 120) of the second cut guide (reception as best seen in Figure 5), wherein (as to claim 4) the first cut guide comprises a front surface (i.e. top-most surface of 60 as best seen in Figure 1, the term “front” is a relative term depending upon the orientation of 60) opposite a rear surface (i.e. bottom-most surface of 60 as best seen in Figure 1, the term “rear” is a relative term depending upon the orientation of 60); and an opening (i.e. opening defined by 100A and 100B, see paragraph 0030) extending through the first cut guide from the front surface to the rear surface, wherein (as to claim 5) the first cut guide further comprises a plurality of cylindrical openings (110A and 110B) extending through the first cut guide from the front surface through to the rear surface, wherein (as to claim 6) at least some of the plurality of cylindrical openings (i.e. 110A and 110B) are positioned between the opening and one or more edges (i.e. right-most edge of 60 as best seen in Figure 4) of the first cut guide, and wherein (as to claim 7) at least some of the plurality of cylindrical openings are capable of comprising central axes positioned at an oblique angle relative to the front and rear surfaces of the first cut guide (see paragraph 0036) (see Figures 1-7, and paragraphs 0026-0052).
Allowable Subject Matter
Claims 8-16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 8-16 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, the following:
Regarding claim 8, in combination with the limitations required by claims 1-6, no prior art reference could be found disclosing or making obvious wherein the first cut guide comprises a protrusion extending into the opening, wherein the protrusion comprises a cylindrical opening extending from a front surface of the protrusion through to a rear surface of the protrusion.
Regarding at least claim 9, in combination with the limitations required by claims 1-6, no prior art reference could be found disclosing or making obvious wherein the first cut guide further comprises: a cannulation extending from a top surface of the first cut guide through to a bottom surface of the cut guide, wherein at least a portion of the at least one insert is receivable within the cannulation.
Claims 17-20 are allowed.
Claims 17-20 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, the following.
Regarding at least claim 17, an orthopedic instrument system, comprising: a first cutting guide, comprising: a coupling portion comprising a plurality of openings extending from a front surface therethrough to a rear surface; a cutting portion integral with the coupling portion, comprising: a first cannulation extending from a top surface therethrough to a bottom surface, wherein the cannulation comprises an upper portion having a first diameter and a lower portion having a second diameter; and a window extending from the front surface through to the rear surface and overlapping with the cannulation; and a second cutting guide comprising a second cannulation; and at least one insert receivable at least partially within the cannulation of the first and second guides, the insert comprising a slot extending therethrough.
Regarding claim 20, an orthopedic instrument system, comprising: a first cutting guide, comprising: a coupling portion comprising a plurality of openings extending from a front surface therethrough to a rear surface; a cutting portion integral with the coupling portion, comprising: a cannulation extending from a top surface therethrough to a bottom surface; and a window extending from the front surface through to the rear surface and overlapping with the cannulation; and a second cutting guide, comprising: a coupling portion comprising a plurality of openings extending from a front surface therethrough to a rear surface; a cutting portion integral with the coupling portion, comprising: a cannulation extending from a top surface therethrough to a bottom surface; and a window extending from the front surface through to the rear surface and overlapping with the cannulation; and at least one insert receivable at least partially within the cannulation of the first and second guides, the insert comprising a slot extending therethrough.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Weinstein (U.S. Patent Application Publication 2007/0265634) discloses an orthopedic instrument system comprising a first cut guide, a second cut guide, and at least one insert.
Chambers (U.S. Patent 4,349,018) discloses an orthopedic instrument system comprising a first cut guide, a second cut guide, and at least one insert.
Mogul (U.S. Patent 7,182,766) discloses an orthopedic instrument system comprising a first cut guide, a second cut guide, and at least one insert.
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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/LARRY E WAGGLE, JR/Primary Examiner, Art Unit 3775
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