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 .
According to the Amendment filed on 1/7/26, Claims 164-165 are newly added, claim 134 is amended, claims 148-157 are withdrawn, and claims 158-163 are canceled.
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) 134-147, 164-165 is/are rejected under 35 U.S.C. 103 as being unpatentable over Komistek (US 11786262) in view of DUMPE (US 20230172600 A1).
Komistek discloses a method of performing at least one bone cut for a knee arthroplasty, the method comprising: inserting at least a portion of a first distractor 190, fig. 36 between a distal femur condyle and a proximal tibia condyle receiver of a knee joint comprising a proximal tibia and a distal femur; tensioning soft tissue proximate a knee joint when in mid-flexion and using the first distractor to identify a gap between the distal femur condyle and the proximal tibia condyle receiver in mid-flexion when the soft tissue is tensioned fig. 15, 25, 29; establishing a cutting plane for resecting at least one of the proximal tibia and the distal femur using exclusively intraarticular references that include the identified gap fig. 13, 18-19, 26; and resecting at least one of the proximal tibia and the distal femur using the cutting plane fig. 20, 27, wherein inserting the first distractor between the distal femur condyle and the proximal tibia condyle receiver includes inserting paddles of the first distractor between the distal femur condyle and the proximal tibia condyle receiver, where at least one of the paddles is repositionable with respect to a second of the paddles fig. 15, 25, 29, wherein inserting paddles of the first distractor between the distal femur condyle and the proximal tibia condyle receiver includes medially-to-laterally centering the paddles with respect to the distal femur condyle and the proximal tibia condyle receiver fig. 15, 25, 29, wherein medially-to- laterally centering the paddles with respect to the distal femur condyle and the proximal tibia condyle receiver includes orienting the paddles to overlap a dwell location on at least one of the distal femur condyle and the proximal tibia condyle receiver fig. 15, 25, 29, wherein using the first distractor to identify the gap between the distal femur condyle and the proximal tibia condyle receiver includes repositioning at least one of a plurality of paddles of the first distractor that are positioned between the distal femur condyle and the proximal tibia condyle receiver, and measuring a distance traveled by the at least one paddle (para. 106), wherein measuring the distance traveled by the at least one paddle includes reading a gauge associated with the first distractor (a torque wrench with a torque read-out, para. 106), wherein the gauge reflects a straight line distance traveled by the at least one paddle (para. 106), wherein the gauge comprises a vertical support 512 that is operatively coupled to the at least one paddle and repositionable with respect to a housing of the first distractor fig. 36, wherein the vertical support 512 is constrained by the housing 506 to inhibit straight line motion in the medial-to-lateral direction and the proximal-to-distal direction, and rotational motion, so the only degree of freedom available to the vertical support is in the vertical direction that is perpendicular to the medial-to-lateral direction and the proximal-to-distal direction fig. 36, wherein tensioning the soft tissue proximate the knee joint includes monitoring rate of change in strain as a function of stress applied to the soft tissue, where tensioning is achieved when the rate of change in strain has markedly decreased, but the stress has not markedly decreased (para. 106), wherein using the first distractor to identify the gap between the distal femur condyle and the proximal tibia condyle receiver includes releasing a stopper 508, 510, 512 of the first distractor to allow paddles of the first distractor to reposition away from one another until reaching an equilibrium, wherein when the paddles reach the equilibrium, engaging the stopper 508, 510, 512 to lock the relative vertical positions of the paddles with respect to one another and thereafter identifying the gap, wherein releasing the stopper of the first distractor includes repositioning a handle 508 repositionably mounted to a housing 506 of the first distractor, which repositions the stopper 510, 512 with respect to at least one of the paddles.
Komistek fails to teach tensioning soft tissue by manipulating a handle of the first distractor to release a spring force (bias as for claim 164, or a previously restrained expansion force as for claim 165) applied by a spring extending between aspects of the portion of the first distractor to cause aspects of the portion of the first distractor to automatically move away from one another to push apart the distal femur condyle and the proximal tibia condyle receiver.
DUMPE teaches “the arms may be biased in the open configuration. For example, biasing members such as springs may be utilized to bias the arms into an open configuration. Accordingly, the arms maybe switched to the closed configuration under an applied force at the handle portions. Upon partial or total release of the applied force, the arms may separate once again to tension the joint.” (para. 229)
It would have been obvious to a person of ordinary skill in the art at the time of the invention was made to replace the first distractor of Komistek with a distractor includes arms (paddles) may be biased in the open configuration by springs, wherein the arms maybe switched to the closed configuration under an applied force at the handle portions, and upon partial or total release of the applied force, the arms may separate once again to tension the join, in view of DUMPE in order to providing an effective mechanism to facilitate distracting the knee joint and adjust the extension/flexion gap distance.
Response to Arguments
Applicant’s arguments, with respect to the rejection(s) of claim(s) 134-147, 164-165 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of DUMPE.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMEH RAAFAT BOLES whose telephone number is (571)270-5537. The examiner can normally be reached 9-5 pm.
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/SAMEH R BOLES/Primary Examiner, Art Unit 3775