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 § 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.
Claim(s) 1-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wu (CN 107753157).
Regarding Claim 1, Wu discloses an intervertebral fusion cage (1, Figs. 1-6) comprising: a filler hole (17, Figs. 1 & 4), which runs through opposing upper and lower ends of the intervertebral fusion cage (Fig. 4, See examiner annotated Fig. 3 below); and an outer peripheral side face (Fig. 4) formed by a front side face (16, Fig. 2), a back side face (14, Fig. 1), a left side face (13, Fig. 2), and a right side face (15, Fig. 2), wherein at least the front side face, the left side face, and the right side face of the outer peripheral side face are provided with a plurality of pore areas (perforated sections in sides 16, 13 & 15 including diamond-shaped pores 18-1, Figs. 1-3 & 5) and spacings (solid sections on left and right sides of perforated sections in sides 16, 13, & 15), and the plurality of pore areas and spacings are alternately arranged along a circumferential direction of the outer peripheral side face (Figs. 3 & 2-3), so that adjacent pore areas are separated by spacings located therebetween in the circumferential direction (Figs. 1-3 & 5-6), and the pore areas and spaces extend from the upper end to the lower end of the intervertebral fusion cage respectively, wherein the spacings are supporting columns without pore structure formed at least at corner locations between the front side face, the left side face, and the right side face (Figs. 1-3), and wherein the upper and lower ends of the intervertebral fusion cage are respectively a first end face and a second end face, which do not contain any porous areas (See examiner annotated Fig. 3 below).
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Regarding Claim 2, Wu discloses wherein at least one of the pore areas extends towards (abuts, Fig. 3) the upper and lower ends (in side 16, for example), and is connected to the first end face and the second end face, respectively (See examiner annotated Fig. 3 above).
Regarding Claim 3, Wu discloses wherein the plurality of pore areas include a first pore area (pore area in side 13, Fig. 1) and a second pore area (pore area in side 15, Fig. 5); and the first pore area and the second pore area are provided on the left side face and the right side face, respectively (Fig. 3).
Regarding Claim 4, Wu discloses wherein the back side face (14) is provided with an instrument hole (14-1/14-2, Figs. 1 & 3).
Regarding Claim 5, Wu discloses wherein the plurality of pore areas further include a third pore area (in side 16, Fig. 3); and the third pore area is provided on the front side face (16).
Regarding Claim 6, Wu discloses wherein the front side face, the left side face, the back side face, and the right side face transition by rounded corners (Fig. 4).
Regarding Claim 7, Wu discloses wherein there is an inclination angle between the first end face and the second end face (Fig. 5).
Regarding Claim 8, Wu discloses wherein a first protrusion (upper protrusion in 1st end face formed between left 20 and right 20, See examiner annotated Fig. 3 above) and a second protrusion (lower protrusions in 2nd end face formed between left 20, central 20, and right 20, See examiner annotated Fig. 3 above) are provided on the first end face and the second end face, respectively.
Regarding Claim 9, Wu discloses wherein there is a side face angle (b) between the left side face and the right side face (Fig. 4).
Regarding Claim 10, Wu discloses wherein each pore area comprises a porous structure with pores (18-1, Figs. 1-3 & 5) formed by connecting rod supports (solid linear supports extending between each diamond-shaped pore 18-1 forming a lattice configuration).
Response to Arguments
In regards to Applicant’s arguments, filed 12/29/25, with respect to claims 1-10 rejected under 35 USC 102(a)(1) as anticipated by Wu, specifically regarding the Applicant’s contention that Wu fails to disclose or teach “a first end face and a second end face, which do not contain any porous areas”: As seen in the office action above and specifically in the examiner annotated Fig. 3, the upper and lower ends of the cage/first end face and second end face are circled and referenced. These end faces of the upper and lower ends of Wu are not porous. Thus, the Applicants argument has been fully considered but it not persuasive. It is suggested that the Applicant more clearly define that the first and second end faces define the uppermost and lowermost faces of the implant with respect to the previously recited side faces, based on the figures or using terminology from the disclosure in order to overcome the Wu rejection.
In regards to Applicant’s arguments, filed 12/29/25, with respect Applicant’s contention that the present invention achieves a better fusion effect due to the porous structure on multiple side faces, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA WEISS whose telephone number is (571) 270-5597. The examiner can normally be reached Monday through Friday, 8:00 am to 4:00 pm EST. If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, KEVIN T. TRUONG, at 571-272-4705. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JESSICA WEISS/ Primary Examiner, Art Unit 3775