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 .
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, 9-11, and 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Anderson (U.S. Patent 9,636,236) in view of Urbahns (U.S. Patent 6,159,215).
Regarding claims 1-3:
Anderson discloses a method comprising:
(claim 1) moving a hinge (the circular portion of slot 128) operable by a spring-based lever arm (130) about a pivot from a normal latched position (see Figure 2) to an unlatched position (see Figure 3)
(claim 1) actuating a latching interface (124 of 118) at least partially coupled with the hinge in response to movement of the hinge about the pivot
(claim 2) wherein the actuating step includes the step of separating a pair of pretension prongs (116/118; see Figure 3)
(claim 3) including the step of engaging a chamfered edge (124) of one of the prongs into engagement with the orthopedic component
(claim 1) coupling the latching interface with an orthopedic component
(claim 1) returning the hinge to the normal latched position locking the device to an orthopedic component
Anderson fails to disclose the method wherein the latching interface is inserted into a reception interface of the orthopedic component. Urbahns teaches a method comprising the step of inserting a latching interface (for example 278) into a channel (17) of a reception interface of an orthopedic component (16) in order to prevent the orthopedic component from disengaging from the device. It would have been obvious to one having ordinary skill in the art at the time the invention was filed to perform the method of Anderson wherein the latching interface is inserted into a reception interface of the orthopedic component in view of Urbahns in order to prevent the orthopedic component from disengaging from the device.
The invention of Anderson as modified by Urbahns discloses the method wherein the chamfered edge is slid into engagement with at least one reception channel of the reception interface of the orthopedic component.
Regarding claims 9-11, 15, and 16:
Anderson discloses a method comprising:
(claim 9) applying a force to a lever arm (130) of the device
(claim 9) biasing a hinge (the circular portion of slot 128) coupled with a latching interface (124 of 118 and 124 of 116) with the applied force to the lever arm such that a first prong (118) and a second prong (116) of the latching interface move relative to one another to situate the latching interface in an unlatched orientation (see Figure 3)
(claim 15) wherein the hinge is position between the first prong and the second prong (see Figure 3)
(claim 16) wherein the first prong (124 of 118) is positioned between the hinge and the lever arm (when tracing a path following the arm 130 to element 118 to element 124 and then to the circular portion of element 128 element 124 is positioned between element 130 and the circular portion of 128)
(claim 9) engaging the first and second prongs with an orthopedic component
(claim 9) releasing the applied force on the lever arm to interlock the first and second prongs to the orthopedic component (see Figures 2-3)
Anderson fails to disclose the method wherein the first and second prongs are inserted into a reception interface of the orthopedic component. Urbahns teaches a method comprising the step of inserting a latching interface (a first element of 278) of a first prong (first element 162) and a latching interface (a second element 278) of a second prong (second element 162) into a respective channel (elements 17 as shown in Figure 10) of a reception interface of an orthopedic component (16) in order to prevent the orthopedic component from disengaging from the device. It would have been obvious to one having ordinary skill in the art at the time the invention was filed to perform the method of Anderson wherein the latching interfaces of the prongs are inserted into respective reception interfaces of the orthopedic component in view of Urbahns in order to prevent the orthopedic component from disengaging from the device.
The invention of Anderson as modified by Urbahns discloses the method wherein the first prong and the second prong are simultaneously slid into the respective reception channels of the orthopedic component (claims 10 and 11; see Figures 9-10; the prongs 162 are positioned about component 16 and then sleeve 70 is used to close the prongs about the component simultaneously inserting element 278 into channels 17).
Regarding claim 17:
Anderson discloses a method comprising:
(claim 9) squeezing a lever arm (130) such that a first prong (118) and a second prong (116) of a latching interface move relative to each other to situate the latching interface in an unlatched orientation (see Figure 3)
(claim 9) engaging the first prong and the second prong of the latching interface into engagement with an orthopedic component (see Figure 2)
(claim 9) releasing the lever arm
(claim 9) terminating the unlatched orientation of the latching interface to interlock the first and second prongs to the orthopedic component (see Figures 2-3)
Anderson fails to disclose the method wherein the first and second prongs are inserted into a reception interface of the orthopedic component. Urbahns teaches a method comprising the step of inserting a portion (a first element of 278) of a first prong (first element 162) and a portion (a second element 278) of a second prong (second element 162) into a respective channel (elements 17 as shown in Figure 10) of a reception interface of an orthopedic component (16) in order to prevent the orthopedic component from disengaging from the device. It would have been obvious to one having ordinary skill in the art at the time the invention was filed to perform the method of Anderson wherein portions of the prongs are inserted into respective reception interfaces of the orthopedic component in view of Urbahns in order to prevent the orthopedic component from disengaging from the device.
Allowable Subject Matter
Claims 4-8, 12-14, and 18-20 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 for cited references the examiner felt were relevant to the application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nicholas Woodall whose telephone number is (571) 272-5204. The examiner can normally be reached on Monday-Friday 8am to 5:30pm.
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Kevin Truong, at (571. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NICHOLAS W WOODALL/Primary Examiner, Art Unit 3775
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