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 . The finality of the Office action of March 3, 2026, is hereby withdrawn.
Terminal Disclaimer
The terminal disclaimer filed on July 29, 2026, disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of any patent granted on application number 18/432,996 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Disclosure
The disclosure is objected to because of the following informalities: In specification paragraph 0009, second line, “Sacroiliac” should not be capitalized. In paragraph 0011, the first line lacks proper grammatical syntax. On page 7, lines 19-20, “is positioned adjacent to and/or initial contact with” lacks proper syntax. In paragraph 0045, first line, --21-- should be inserted after “FIG.”. On page 20, line 18, “use” should be --used--. In paragraph 0097 and elsewhere, reference characters 201, 203, 104, and S1 (as opposed to SI) are absent in the drawings. On page 23, lines 4 and 5, “Serial” should be omitted. On page 24, line 20, “proper” should read --properly--. In paragraph 00107, third line, reference character 263a is not present in the drawings. On page 28, line 3, “feature” should be --features--; on line 4, reference character 313c is missing from the drawings. On page 29, line 10, --device-- should be inserted after “washer”, second occurrence; on line 16, “having” should be --have--. On page 30, line 15, “washer” should be --implant--. On page 31, lines 5 and 10, “he” should be --the--; on line 8, “advance” should be --advanced--; on lines 14 and 22, “312a” should be --315a--; on line 20, “435” should be --345--. On page 32, line 14, “run” should be --runs--; on line 18, --114-- should apparently be inserted after “shaft”. On page 33, line 16, “guide” should evidently be replaced by --fixing--; on line 17, “115” may instead be --130--. On page 34, line 3, “used or used” lacks syntax. On page 36, line 20 lacks proper syntax. On page 38, last line, “assisting” should be --assist--. On page 39, line 4, “fluting provide” lacks proper syntax; on line 17, “due” is misspelled; on line 21, “d” should be replaced by --c--. On page 40, line 8, it is believed that “402” should be --432--. On page 41, line 5, “453a and 453b” should be replaced by --453 and 454--; on lines 5-6, “a polygonal cross-sections” lacks proper grammatical syntax. On page 42, the sentence on lines 8-10 is an incomplete one. In paragraph 00140, first line, “34o” should read --34n--. On page 45, line 15, “120” should be --119--. On page 47, line 7, “extend” should be --extends--; on line 9, “475” should be --470--. On page 49, line 15, “211” should be --311--. On page 50, line 16, “he” should be --the--; on line 19, “advance” should be --advanced--; on line 22, “312a” should be --315a--. On page 51, line 11, “435” should be --345--; on line 14, “312a” should be --315a--; on line 17, “of the of the” lacks syntax. Appropriate correction is required.
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.
Claims 31-32, 125, 128, 131-136, and 138-141 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention. In claim 31, line 2, and claim 133, line 2, “the distance” lacks a proper antecedent basis. In claim 32, line 2, and claim 134, lines 1-2, “the outer diameter” lacks a proper antecedent; in claim 32, lines 2-3, and claim 134, line 3, “a fusion implant” (emphasis added) is vague as to whether the fusion implant is the same or different from the “joint fusion implant” set forth in claim 20 (last line) and claim 127 (last two lines). In claim 125, line 1, “the outer diameter” lacks a proper antecedent, on line 2, --an-- should be inserted after “to”, and on line 3, --said-- or --the-- should be inserted before “targeted”. In claim 128, --said-- or --the-- should be inserted after “inserting”. In claim 131, line 4, and claim 139, line 5, --distal-- should be inserted after “one”. In claim 135, line 6, “the distance” lacks a proper antecedent basis. In claim 141, lines 2-3, “the outer diameter” lacks a proper antecedent basis.
Allowable Subject Matter
Claims 20-23, 29-30, 127,130, and 142 are allowed.
As allowable subject matter has been indicated, Applicant’s reply must either comply with all formal requirements or specifically traverse each requirement not complied with (37 CFR 1.111(b) and MPEP § 707.07(a)).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to David H. Willse, whose telephone number is 571-272-4762. The examiner can normally be reached on Monday through Thursday. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor Melanie Tyson can be reached at telephone number 571-272-9062. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID H WILLSE/ Primary Examiner, Art Unit 3774
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