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 Objections
The amended claim set was received 12/22/2025. This claim set is accepted and overcomes the claim objections set forth in the previous action.
Claim Rejections - 35 USC § 112
The amended claim set was received 12/22/2025. This claim set is accepted and overcomes the USC 112 rejections set forth in the previous action.
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.
Claims 1, 4, 7, and 11-22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by McClintock et al. (US 20090204156 A1) (hereon referred to as McClintock).
Regarding claim 1, McClintock teaches a connector (400) for slidably connecting an anchoring device (S1) to a rod (R1) in a spinal correction system (see Fig. 15), comprising
a body (body of structure 400), wherein the body has a first tubular opening (440),
a coupling mechanism (430) for coupling the body (400) to the anchoring device (S1),
a guiding mechanism (450) provided in said first tubular opening (430) and arranged to guide the rod (R1) in a sliding movement along a longitudinal direction of the rod (R1, see Fig. 15),
wherein said guiding mechanism (450) has at least two guiding portions (each plate 452, see Para. [0066] and Fig. 14B) provided at a mutual distance in said first tubular opening and acting as a constraining conduit (see Para. [0066], noting that plate 452 engages the rod, limiting movement thereof) and is further arranged to prevent any movement, with respect to the rod, other than a translation along the longitudinal direction of the rod (see Para. [0066]) and a rotation around said longitudinal direction of the rod (note that the shape of coupling mechanism 430 allows for rotation of the rod therein when unlocked).
Regarding claim 4, McClintock teaches the connector according to claim 1, wherein the first tubular opening (430) has a first internal diameter (436), the guiding portions (452) have a second internal diameter (456), and the first internal diameter is larger than the second internal diameter (see Figs. 14A-14B, noting that the first internal diameter is sufficiently large to hold the external diameter of 452, therefore making the internal diameter of 452 smaller).
Regarding claim 7, McClintock teaches the connector according to claim 1, wherein the guiding portions (452) are slid inside the body through slot openings (436, 430) in the body (400).
Regarding claim 11, McClintock teaches the connector according to claim 1, further comprising a spring (459) for constraining the translation of the rod along its longitudinal direction (see Para. [0066]).
Regarding claim 12, McClintock teaches the connector according to claim 1, wherein the body (400) has a locking mechanism (402) for locking the rod in a fixed position with respect to the body (see Para. [0065]).
Regarding claim 13, McClintock teaches the connector according to claim 1, wherein the coupling mechanism (430) has a second tubular opening (see Fig. 14A) for receiving a stationary rod (R1), said second tubular opening having a direction substantially parallel to the direction of the first tubular opening (see Fig. 15).
Regarding claim 14, McClintock teaches the connector according to claim 13, wherein the coupling mechanism (430) has a locking mechanism (402) for locking the stationary rod with respect to the coupling mechanism (see Para. [0065]).
Regarding claim 15, McClintock teaches a connector assembly for spinal correction (see Fig. 15) comprising:
the connector according to claim 1 (see rejection of claim 1 above), and an anchoring device (S1) for anchoring to the spine,
said anchoring device (S1) being coupled to the connector (400) via the coupling mechanism (430) of the connector (see Fig. 15).
Regarding claim 16, McClintock teaches the connector according to claim 15, wherein the anchoring device (S1) has a stationary rod (R1).
Regarding claim 17, McClintock teaches the connector according to claim 15, wherein the anchoring device (S1) has one or more anchoring elements for anchoring in one or more vertebrae (see Para. [0068]).
Regarding claim 18, McClintock teaches the connector according to claim 15, wherein the stationary rod (R1) is fixed by two anchoring elements (S1) in two neighboring vertebrae (see Para. [0068], noting that this is a functional limitation, satisfied by the devices ability to accomplish this).
Regarding claim 19, McClintock teaches a spinal correction system (see Fig. 15) comprising the rod (R1) for spinal correction and at least one said connector according to claim 1 (see rejection of claim 1 above).
Regarding claim 20, McClintock teaches the spinal correction system according to claim 19, further comprising an anchoring device (S1) to form a connector assembly (see Fig. 15) with the at least one connector (400), said anchoring device (S1) being coupled to the connector (400) via the coupling mechanism (430) of the connector (400).
Regarding claim 21, McClintock teaches the spinal correction system according to claim 20, further comprising one or more anchors (S1) for anchoring the rod in the spine (see Para. [0068]).
Regarding claim 22, McClintock teaches a kit of parts comprising at least two of the connector (400) according to claim 1 (see rejection of claim 1 above), an anchoring device (S1), and a rod (R1, see Fig. 17).
Regarding claim 23, McClintock teaches a method for providing a spinal correction to a patient (see Fig. 15), comprising the steps of:
providing a rod (R1) for attachment to the spine of the patient (see Para. [0051]);
providing an anchoring device (S1) for attachment to the spine of the patient (see Para. [0057]);
providing the connector (400) according to claim 1 for connection to the rod and the anchoring device (see Para. [0068]); and
coupling the connector (400) to the rod (see Para. [0068]).
Regarding claim 24, McClintock teaches the method according to claim 23, further comprising coupling the connector (400) to the anchoring device (see Para. [0068]).
Claims 1-3 and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lemerovich (US 20180049778 A1).
Regarding claim 1, Lemerovich teaches a connector (see Fig. 5C) for slidably connecting an anchoring device (16) to a rod (12) in a spinal correction system (see Fig. 5F), comprising
a body (36), wherein the body has a first tubular opening (see labelled diagram of Fig. 5E below),
a coupling mechanism (see labelled diagram of Fig. 5E below) for coupling the body (36) to the anchoring device (16; couplable via the rod, see Fig. 5F),
a guiding mechanism (20) provided in said first tubular opening (see Figs. 5C-5E) and arranged to guide the rod (12) in a sliding movement along a longitudinal direction of the rod (see Para. [0026]),
wherein said guiding mechanism (20) has at least two guiding portions (each piece 22) provided at a mutual distance in said first tubular opening and acting as a constraining conduit (see Para. [0027], noting that features 22 hold the guiding mechanism in place, thereby constraining relative movement of the rod) and is further arranged to prevent any movement, with respect to the rod, other than a translation along the longitudinal direction of the rod (see Para. [0033]) and a rotation around said longitudinal direction of the rod (see Para. [0033]).
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Regarding claim 2, Lemerovich teaches the connector according to claim 1, wherein the guiding mechanism (20) is arranged to prevent any rotation of the body (36) with respect to the rod (12) in any plane containing the longitudinal direction or axis of the rod (see Para. [0032]).
Regarding claim 3, Lemerovich teaches the connector according to claim 1, wherein the at least two guiding portions (22) are provided at opposite ends (see labelled diagram of Fig. 5C above) of the first tubular opening (see labelled diagram of Fig. 5E above).
Regarding claim 8, Lemerovich teaches the connector according to claim 1, wherein the guiding portions (22) are slid inside the body (36) via one end (see labelled diagram of Fig. 5C above) of the first tubular opening (see labelled diagram of Fig. 5E above; also see Para. [0031], noting that the guiding portions may be slid inside the tubular opening when in an unlocked configuration).
Allowable Subject Matter
Claims 5, 6, and 10 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.
Response to Arguments
Applicant's arguments filed 12/22/2025 have been fully considered but they are not persuasive.
With respect to the rejections in view of McClintock and Lemerovich as outlined in the non-final rejection, applicant argues that the amendments to independent claim 1 overcome said rejections. The office disagrees with this assertion. As explained in the updated rejection herein, the guiding portions of McClintock and Lemerovich are configured as a constraining conduit for the rod, as all components of a rod connection device, whether directly or indirectly, are constraining movement of the rod. In the instant case, the guiding mechanism of McClintock acts a constraining conduit by limiting movement of the rod via the hole formed in the plate, and the guiding mechanism of Lemerovich acts as a constraining conduit by maintaining the position of the guiding mechanism, constraining movement of the rod relative thereto.
As it pertains to Myers, the office agrees that amended claim 1 overcomes the outstanding rejection.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOLLY J LANE whose telephone number is (703)756-4702. The examiner can normally be reached Monday-Friday 9:00am-5:00pm.
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/H.J.L./Examiner, Art Unit 3773
/EDUARDO C ROBERT/Supervisory Patent Examiner, Art Unit 3773