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 .
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. Applicant has not complied with one or more conditions for receiving the benefit of an earlier filing date under 35 U.S.C. 119(e) as follows:
The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994).
The disclosure of the prior-filed application, Application Nos. 63703686, 63703700, 63703708, fail to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application. Application Nos. 63703686, 63703700, 63703708 do not show an embodiment of the implant having at least one protrusion includes a first protrusion located proximate to a first side edge of the lower plate, and a second protrusion located proximate to a second side edge of the lower plate, and wherein the at least one recess includes a first recess corresponding to the first protrusion and that intersects a first sidewall of the insert while extending through the insert from the inferior surface of the insert to the superior surface of the insert, and a second recess corresponding to the second protrusion and that intersects a second sidewall of the insert while extending through the insert from the inferior surface of the insert to the superior surface of the insert as required by claims 14 and 19.
Accordingly, the effective filing date of claims 14 and 19 is 8/29/25 while the effective filing date of claims 1-13, 15-18, and 20 is 10/4/2024.
Claim Objections
Applicant is advised that should claim 19 be found allowable, claim 14 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 1-4, 6-7, 10, 12, 14, 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rashbaum et al. (US Publication No. 2007/0162130 A1).
Regarding Claim 1, Rashbaum discloses a prosthesis for an intervertebral disc prosthesis system (Fig. 1A-b) [0047], the prosthesis comprising:
an upper plate (1) including a superior surface with at least one set of upper teeth (42) [0050] (Fig. 1A), and an inferior surface (lower surface of 1 to cooperate with an upper surface of 3, Fig 1A-B);
a lower plate (2) including a superior surface (top facing surface shown in Fig. 4b) with at least one protrusion (22) [0049], and an inferior surface (bottom facing surface shown in Fig. 4b) with at least one set of lower teeth (42); and
an insert (3) located between the upper plate (1) and the lower plate (1) (fig. 1A), wherein the insert (3) includes a superior surface with a convex region (Fig. 2A, “curved surface of the core (3) is convex “ [0048]), wherein the insert includes an inferior surface that is substantially flat (shown below), wherein the insert includes at least one recess (32) able to receive the at least one protrusion (22) [0049] (Fig. 1B), wherein a particular recess of the at least one recess corresponds to a particular protrusion of the at least one protrusion [0049],
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wherein at least one of a rear edge of the upper plate and a rear edge of the lower plate includes at least one engagement feature (43) (Fig. 3A, see figure below) able to engage with a corresponding engagement feature of a cartridge that is insertable into an instrument [0051].
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Regarding Claim 2, the at least one set of upper teeth of the upper plate includes a first set of upper teeth proximate to a first side edge of the upper plate, and a second set of upper teeth proximate to a second side edge of the upper plate (see figure below).
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Regarding Claim 3, the at least one engagement feature (43) is on the upper plate (1) (fig. 3A), wherein the first set of upper teeth of the upper plate at least partially align with a first engagement feature of the at least one engagement feature on the upper plate, and wherein the second set of upper teeth of the upper plate at least partially align with a second engagement feature of the at least one engagement feature on the upper plate (see below).
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Regarding Claim 4, the upper plate (1) includes one or more alignment teeth (41) located along a midline of the upper plate (Fig. 3A) [0047].
Regarding Claim 6, the inferior surface of the upper plate (1) includes a concave portion (“the curved surface of the first plate (1) is concave“, [0048]) that is contoured to conform to the convex region of the superior surface of the insert (3) [0048].
Regarding Claim 7, the concave portion of the inferior surface of the upper plate is at least partially surrounded by a substantially flat portion of the inferior surface of the upper plate (see how the central concave portion of the lower surface of 1 which mates with 3 is surrounded by a flat outer portion, Fig 1A-B, Fig 2A-B, Fig 3A-C).
Regarding Claim 10, the at least one set of lower teeth of the lower plate (2) includes a first set of lower teeth (42) proximate to a first side edge of the lower plate, and a second set of lower teeth (42) proximate to a second side edge of the lower plate (shown below).
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Regarding Claim 12, the lower plate (2) includes one or more alignment teeth (41) located along a midline of the lower plate (Fig. 4B).
Regarding Claim 14, the at least one protrusion (22) includes a first protrusion located proximate to a first side edge of the lower plate, and a second protrusion located proximate to a second side edge of the lower plate (shown in Fig. 4A-B), and wherein the at least one recess (32) includes a first recess corresponding to the first protrusion and that intersects a first sidewall of the insert while extending through the insert from the inferior surface of the insert to the superior surface of the insert (32 shown spanning entire height of insert 3 in Fig. 2A), and a second recess corresponding to the second protrusion and that intersects a second sidewall of the insert while extending through the insert from the inferior surface of the insert to the superior surface of the insert (insert 3 has identical recesses 32 on both sides, cross section can be seen in Fig. 5C).
Regarding Claim 19, Rashbaum discloses a prosthesis for an intervertebral disc prosthesis system (Fig. 1A-b) [0047], the prosthesis comprising:
an upper plate (1) including a superior surface with at least one set of upper teeth (42) [0050] (Fig. 1A), and an inferior surface (lower surface of 1 to cooperate with an upper surface of 3, Fig 1A-B);
a lower plate (2) including a superior surface (top facing surface shown in Fig. 4b) with at least one protrusion (22) [0049], and an inferior surface (bottom facing surface shown in Fig. 4b) with at least one set of lower teeth (42); and
an insert (3) located between the upper plate (1) and the lower plate (1) (fig. 1A), wherein the insert (3) includes a superior surface with a convex region (Fig. 2A, “curved surface of the core (3) is convex “ [0048]), wherein the insert includes an inferior surface that is substantially flat (shown below), wherein the insert includes at least one recess (32) able to receive the at least one protrusion (22) [0049] (Fig. 1B), wherein a particular recess of the at least one recess corresponds to a particular protrusion of the at least one protrusion [0049],
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wherein at least one of a rear edge of the upper plate and a rear edge of the lower plate includes at least one engagement feature (43) (Fig. 3A, see figure below) able to engage with a corresponding engagement feature of a cartridge that is insertable into an instrument [0051],
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wherein the at least one protrusion (22) includes a first protrusion located proximate to a first side edge of the lower plate, and a second protrusion located proximate to a second side edge of the lower plate (shown in Fig. 4A-B), and wherein the at least one recess (32) includes a first recess corresponding to the first protrusion and that intersects a first sidewall of the insert while extending through the insert from the inferior surface of the insert to the superior surface of the insert (32 shown spanning entire height of insert 3 in Fig. 2A), and a second recess corresponding to the second protrusion and that intersects a second sidewall of the insert while extending through the insert from the inferior surface of the insert to the superior surface of the insert (insert 3 has identical recesses 32 on both sides, cross section can be seen in Fig. 5C).
Claim(s) 1 and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chang et al. (US Publication No. 2023/0172720 A1).
Regarding Claim 1, Chang discloses a prosthesis (10) for an intervertebral disc prosthesis system (Fig. 1), the prosthesis comprising:
an upper plate (300) including a superior surface with at least one set of upper teeth (321) (Fig. 2), and an inferior surface (312, Fig. 3);
a lower plate (100A, see Fig. 10) including a superior surface (112A) with at least one protrusion (140A) [0042], and an inferior surface (111, Fig. 3) with at least one set of lower teeth (121, Fig. 3); and
an insert (200) located between the upper plate (300) and the lower plate (100/100A) (fig. 2-3), wherein the insert (200) includes a superior surface with a convex region (220/220A) (Fig. 2, 10), wherein the insert includes an inferior surface that is substantially flat (S2, Fig. 10), wherein the insert includes at least one recess (211A, Fig. 10) able to receive the at least one protrusion (140A) [0042], wherein a particular recess of the at least one recess corresponds to a particular protrusion of the at least one protrusion [Fig. 10],
wherein at least one of a rear edge of the upper plate and a rear edge of the lower plate includes at least one engagement feature (see figure below) able to engage with a corresponding engagement feature of a cartridge that is insertable into an instrument.
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Regarding Claim 13, the at least one protrusion (140A) includes a single protrusion located on a midline of the lower plate (Fig. 10), and wherein the at least one recess (211A) includes a single recess that is located on a midline of the insert and extends a selected depth into the inferior surface of the insert (Fig. 10).
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) 5, 8, 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rashbaum et al. (US Publication No. 2007/0162130 A1) in view of Doty (US Publication No. 2022/0175545 A1).
Regarding claim 5, Rashbaum discloses the prosthesis of claim 4, and further shows that the at least one set of upper teeth (42, 42) includes a first set of upper teeth and a second set of upper teeth that flank the convex region of the superior surface of the upper plate (shown in Fig. 1A each set of teeth 42 is on a side of the upper convex region 14). However Rashbaum is silent to the one or more alignment teeth (41) being located on the convex region (14) of the superior surface of the upper plate.
Doty teaches an intervertebral disc prosthesis (D1, Fig. 1) in the same field of endeavor comprising an upper plate (100) including a superior surface including one or more alignment teeth (101, 102) on the midline (shown below) which also are placed on a centrally bulged portion (103) in order to provide teeth which are placed to establish long term stability [0040].
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It would have been obvious to a person having ordinary skill in the art to modify the one or more alignment teeth (41) of Rashbaum to be midline teeth on the convex surface of the upper endplate as taught by Doty in order to substitute a known tooth configuration which would predictably anchor the implant to the vertebral surface.
Regarding Claims 8 and 9, Rashbaum discloses the device of claim 7 as described in the rejection above. However, Rashbaum is silent to the concave portion of the inferior surface of the upper plate is separated from the substantially flat portion of the inferior surface of the upper plate by a rim that extends from the inferior surface and the convex region of the superior surface of the insert is at least partially surrounded by a ring, and wherein the ring is able to engage with the rim extending from the inferior surface of the upper plate.
Doty teaches an intervertebral disc prosthesis (D3, Fig. 21-22) in the same field of endeavor comprising an upper plate (1500) and lower plate (1600) connected with an insert (2100). The upper plate (1500) has an interior surface with a concave portion to engage with a convex surface of the insert and the lower plate has a superior surface with a flat surface configured to engage with a flat surface of the insert (shown in Fig. 22). Doty describes the concave/convex arraignment between the insert and inferior surface of the upper plate comprises a ring-joint-stop (RJS) (1800) [0030]. This is a rim that extends from the inferior surface separating the concave and flat portions of the inferior surface paired with a ring surrounding the insert configured to engage the rim (shown below). Doty teaches that this configuration limits the range of motion as desirable [0046, 0064].
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It would have been obvious to a person having ordinary skill in the art to modify the connection between the upper plate and insert of Rashbaum to include the RJS features (rim and ring) as taught by Doty in order to limit the range of motion as desirable.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rashbaum et al. (US Publication No. 2007/0162130 A1).
Regarding Claim 11, Rashbaum discloses the prosthesis of claim 10, but does not show that at least one engagement feature (43) is on the lower plate. However Rashbaum discusses the engagement feature (43) in the specification and describes at least one of the plates (1, 2) could comprise at least a default form (43), such as a notch, allowing the fitting of the end of a prehension device (5) of the prosthesis [0051]. This is disclosure to the engagement feature 43 being located on plate 1, plate 2 or both plates 1 and 2.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to place the engagement feature (pair of notches 43) on the lower plate in the same manner as shown on the upper plate (on the rear edge of the plate) since Rashbaum contemplates these configurations and it would predictably allow the implant to engage with an insertion tool. In placing the engagement feature on rear edge a kin to how it is shown in Fig. 3A, the first set of lower teeth (42) of the lower plate would be located between a midline of the lower plate and the first engagement feature of the at least one engagement feature on the lower plate, and the second set of lower teeth of the lower plate would be positioned between the midline of the lower plate and a second engagement feature of the at least one engagement feature on the lower plate since both sets of teeth (42) are spaced inwards from the right and left ends of the rear edge as shown in Fig. 2B.
Claim(s) 15-18, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rashbaum et al. (US Publication No. 2007/0162130 A1) in view of Fuhrer et al. (US Publication No. 2010/0023019 A1).
Regarding Claim 15-16, Rashbaum discloses the prosthesis of claim 1 as described above and further discloses that the at least one engagement feature (43) is on the upper plate (1 (Fig. 1A)) which includes a notch in the upper plate near the rear edge (see notch 43, Fig 1A, Fig 3A; notch 43, para [0051]) but does not teach a ledge that extends to the notch.
Fuhrer further teaches a prosthesis for an intervertebral disc prosthesis system (see 2, Fig 1; disc prosthesis 2 for between two vertebrae, Abstract) comprising an upper plate (see upper plate of 2, Fig 1; prosthesis 2 comprises an upper plate, para [0053]), a lower plate (see lower plate of 2, Fig 1; prosthesis 2 comprises a lower plate, para [0053]), and an insert located between the upper plate and the lower plate (see 25 between the upper plate and lower plate, Fig 1; dome 25, para [0053]), comprising at least one engagement feature able to engage with a corresponding engagement feature of an insertion tool (see how each upper and lower plate includes engagement features 21 and 23 to engage with 7 and 8 of an insertion tool 1, Fig 1-3; each plate comprises ribs 21 and recesses 23 to engage prosthesis holder 1, para [0054]-[0056]; 7 are inserted into 21 and 8 are engaged in 23 during coupling, para [0064]), wherein the at least one engagement feature is on the upper plate (each plate comprises ribs 21 and recesses 23 to engage prosthesis holder 1, para [0054]-[0056]), wherein the at least one engagement feature includes a ledge that extends from the rear edge of the upper plate to a notch in the upper plate (see how the engagement features of each plate includes a ledge/rib 21 that extends from a rear edge to a notch/recess 23, Fig 1-2, para [0054]) in order to provide a suitable engagement features to firmly couple the parts (para [0064]) and to reduce the space requirement of the assembly (para [0068]).
Accordingly, it would have been obvious to a person having ordinary skill in the art to modify the prosthesis such that the at least one engagement feature includes a ledge that extends from the rear edge of the upper plate to a notch in the upper plate as taught by Fuhrer in order to provide suitable engagement features to firmly couple the parts and reduce the space requirement of the assembly.
As to claim 16, Rashbaum and Fuhrer teach the prosthesis of claim 15, and Fuhrer teaches wherein the ledge transitions directly into the notch such that a shared surface of the ledge and the notch is at least partially defined by an edge with a straight portion (see how 21 directly transitions into 23 such that a shared surface is defined by an edge with a straight portion, Fig 1-2).
As to claim 17, Rashbaum discloses the prosthesis of claim 1 as described in the rejection above. Rashbaum discusses the engagement feature (43) in the specification and describes at least one of the plates (1, 2) could comprise at least a default form (43), such as a notch, allowing the fitting of the end of a prehension device (5) of the prosthesis [0051]. This is disclosure to the engagement feature 43 being located on plate 1, plate 2 or both plates 1 and 2. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to place the engagement feature (pair of notches 43) on the lower plate in the same manner as shown on the upper plate (on the rear edge of the plate) since Rashbaum contemplates these configurations and it would predictably allow the implant to engage with an insertion tool.
Although Rashbaum teaches that the engagement feature is a notch, Rashbaum is silent to the at least one engagement feature includes a ledge that extends from the rear edge of the lower plate to a notch in the lower plate.
Fuhrer further teaches a prosthesis for an intervertebral disc prosthesis system (see 2, Fig 1; disc prosthesis 2 for between two vertebrae, Abstract) comprising an upper plate (see upper plate of 2, Fig 1; prosthesis 2 comprises an upper plate, para [0053]), a lower plate (see lower plate of 2, Fig 1; prosthesis 2 comprises a lower plate, para [0053]), and an insert located between the upper plate and the lower plate (see 25 between the upper plate and lower plate, Fig 1; dome 25, para [0053]), comprising at least one engagement feature able to engage with a corresponding engagement feature of an insertion tool (see how each upper and lower plate includes engagement features 21 and 23 to engage with 7 and 8 of an insertion tool 1, Fig 1-3; each plate comprises ribs 21 and recesses 23 to engage prosthesis holder 1, para [0054]-[0056]; 7 are inserted into 21 and 8 are engaged in 23 during coupling, para [0064]), wherein the at least one engagement feature is on the lower plate (each plate comprises ribs 21 and recesses 23 to engage prosthesis holder 1, para [0054]-[0056]), wherein the at least one engagement feature includes a ledge that extends from the rear edge of the lower plate to a notch in the lower plate (see how the engagement features of each plate includes a ledge/rib 21 that extends from a rear edge to a notch/recess 23, Fig 1-2, para [0054]) in order to provide a suitable engagement features to firmly couple the parts (para [0064]) and to reduce the space requirement of the assembly (para [0068]).
Accordingly, it would have been obvious to a person having ordinary skill in the art to modify the prosthesis such that the at least one engagement feature includes a ledge that extends from the rear edge of the lower plate to a notch in the lower plate as taught by Fuhrer in order to provide suitable engagement features to firmly couple the parts and reduce the space requirement of the assembly.
As to claim 18, Rashbaum and Fuhrer teach the prosthesis of claim 17, and Fuhrer teaches wherein the ledge transitions directly into the notch such that a shared surface of the ledge and the notch is at least partially defined by an edge with a straight portion (see how 21 directly transitions into 23 such that a shared surface is defined by an edge with a straight portion, Fig 1-2).
As to claim 20, Rashbaum discloses a prosthesis for an intervertebral disc prosthesis system (see intervertebral disc prosthesis, Fig 1A-B; intervertebral disc prosthesis, para [0047]), the prosthesis comprising:
an upper plate including a superior surface with at least one set of upper teeth (see upper plate 1 including upper surface with sets of teeth 42, Fig 1A-B; first plate 1, para [0047]; osseous anchoring means 42, para [0050]), and an inferior surface (see lower surface of 1 to cooperate with an upper surface of 3, Fig 1A-B), wherein the upper plate includes at least one engagement feature (see notch 43 for engaging an insertion instrument, Fig 1A; at least one of the plates 1, 2 includes a notch 43 to allow fitting of the end of a device 5 for insertion, para [0051]-[0053]) [with a ledge that extends from a rear edge of the upper plate to a notch in the upper plate, wherein the ledge of the upper plate transitions directly into the notch of the upper plate such that a shared surface of the ledge and the notch of the upper plate is at least partially defined by an edge with a straight portion of the upper plate];
a lower plate including a superior surface with at least one protrusion (see lower plate 2 including an upper surface with protrusions 22, Fig 1A-B, Fig 4A-B; second plate 2, para [0047]; male cooperation means 22 such as two studs, para [0049]), and an inferior surface with at least one set of lower teeth (see lower surface of 2 with sets of lower teeth 42, Fig 4B-C; osseous anchoring means 42, para [0050]), wherein the lower plate includes at least one engagement feature (at least one of the plates 1, 2 includes a notch 43 to allow fitting of the end of a device 5 for insertion hence both 1 and 2 may include notch 43, para [0051]- [0053]) [with a ledge that extends from a rear edge of the lower plate to a notch in the lower plate, wherein the ledge of the lower plate transitions directly into the notch of the lower plate such that a shared surface of the ledge and the notch of the lower plate is at least partially defined by an edge with a straight portion of the lower plate]; and
an insert located between the upper plate and the lower plate (see central core 3 located between 1 and 2, Fig 1A-B; central mobile core 3, para [0047]), wherein the insert includes a superior surface with a convex region (see how 3 includes an upper surface with a convex region to cooperate with 1, Fig 2A-B; curved surface of 3 is convex to cooperate with 1, para [0048]), wherein the insert includes an inferior surface that is substantially flat (see how 3 includes a lower flat/planar surface to cooperate with 2, Fig 1A-B, Fig 2A- B; plane surface of 3 cooperates with plane surface of 2, para [0048]), wherein the insert includes at least one recess able to receive the protrusion, wherein a particular recess of the at least one recess corresponds to a particular protrusion of the at least one protrusion (see how 3 includes recesses 32 able to receive and corresponding to protrusions 22, Fig 1A-B, Fig 2A-B, Fig 5C; female means 32 are recesses on lateral edges of 3 to cooperate with 22, para [0049]), however Rashbaum does not explicitly teach the upper plate engagement feature with a ledge that extends from a rear edge of the upper plate to a notch in the upper plate, wherein the ledge of the upper plate transitions directly into the notch of the upper plate such that a shared surface of the ledge and the notch of the upper plate is at least partially defined by an edge with a straight portion of the upper plate and the lower plate engagement feature with a ledge that extends from a rear edge of the lower plate to a notch in the lower plate, wherein the ledge of the lower plate transitions directly into the notch of the lower plate such that a shared surface of the ledge and the notch of the lower plate is at least partially defined by an edge with a straight portion of the lower plate.
Rashbaum teaches wherein the engagement features of the upper plate and lower plate may include notches near a rear edge (see example notch 43 near rear edge, Fig 1A, Fig 3A; notch 43, para [0051]) with a straight rear edge (see straight rear edge of 43, Fig 1A, Fig 3A) for fitting with an end of a device for insertion into the discal space (para [0053]) but does not teach ledges in the upper plate and lower plate that transition directly into the notches.
Fuhrer further teaches a prosthesis for an intervertebral disc prosthesis system (see 2, Fig 1; disc prosthesis 2 for between two vertebrae, Abstract) comprising an upper plate (see upper plate of 2, Fig 1; prosthesis 2 comprises an upper plate, para [0053]), a lower plate (see lower plate of 2, Fig 1; prosthesis 2 comprises a lower plate, para [0053]), and an insert located between the upper plate and the lower plate (see 25 between the upper plate and lower plate, Fig 1; dome 25, para [0053]), wherein the upper plate includes at least one engagement feature (each plate comprises ribs 21 and recesses 23 to engage prosthesis holder 1, para [0054]-[0056]) with a ledge that extends from a rear edge of the upper plate to a notch in the upper plate (see how the engagement features of each plate includes a ledge/rib 21 that extends from a rear edge to a notch/recess 23, Fig 1-2, para [0054]), wherein the ledge of the upper plate transitions directly into the notch of the upper plate such that a shared surface of the ledge and the notch of the upper plate is at least partially defined by an edge with a straight portion of the upper plate (see how 21 directly transitions into 23 such that a shared surface is defined by an edge with a straight portion, Fig 1-2); wherein the lower plate includes at least one engagement feature (each plate comprises ribs 21 and recesses 23 to engage prosthesis holder 1, para [0054]-[0056]) with a ledge that extends from a rear edge of the lower plate to a notch in the lower plate (see how the engagement features of each plate includes a ledge/rib 21 that extends from a rear edge to a notch/recess 23, Fig 1-2, para [0054]), wherein the ledge of the lower plate transitions directly into the notch of the lower plate such that a shared surface of the ledge and the notch of the lower plate is at least partially defined by an edge with a straight portion of the lower plate (see how 21 directly transitions into 23 such that a shared surface is defined by an edge with a straight portion, Fig 1-2) in order to provide a suitable engagement features to firmly couple the parts (para [0064]) and to reduce the space requirement of the assembly (para [0068]).
Accordingly, it would have been obvious to a person having ordinary skill in the art to modify the prosthesis such that the upper plate engagement feature is a ledge that extends from a rear edge of the upper plate to a notch in the upper plate, wherein the ledge of the upper plate transitions directly into the notch of the upper plate such that a shared surface of the ledge and the notch of the upper plate is at least partially defined by an edge and such that the lower plate engagement feature is a ledge that extends from a rear edge of the lower plate to a notch in the lower plate, wherein the ledge of the lower plate transitions directly into the notch of the lower plate such that a shared surface of the ledge and the notch of the lower plate is at least partially defined by an edge as taught by Fuhrer in order to provide suitable engagement features to firmly couple the parts and reduce the space requirement of the assembly.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See Form PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACQUELINE T JOHANAS whose telephone number is (571)270-5085. The examiner can normally be reached Mon. - Fri. 9:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eduardo Robert can be reached at 571-272-4719. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JACQUELINE T JOHANAS/ Primary Patent Examiner, Art Unit 3773
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