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 .
Notice of Amendment
This communication is responsive to the amendments and arguments filed 9/18/25. The previous ground(s) or rejection is/are withdrawn and the following new and/or reiterated ground(s) of rejection is/are set forth hereinbelow.
Information Disclosure Statement
The accompanying information disclosure statement (IDS) submissions are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 4-7, 10, 12 and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zellmer et al. (US 2020/0297513 A1, hereinafter Zellmer).
For claim 1, Zellmer discloses a load sensing spinal implant (as best seen in Figures 1-3, 10, 11, 15) ([0027-0122]), comprising:
an interbody fusion cage (110) (Fig 11) ([0059-0064]) extending in a longitudinal direction from a proximal end to a distal end and in a widthwise direction from a first lateral end to a second lateral end (Fig 11) ([0059-0064]), the interbody fusion cage comprising a body (110) (Fig 11) ([0059-0064]) defining a substantially hollow central graft window ([0064]) and one or more vertical apertures (the openings leading to the one or more graft windows of [0064]) leading to the graft window, the interbody fusion cage configured to be installed between a superior vertebrae and an inferior vertebrae to promote fusion therebetween (Fig 10), such that at least one of the one or more vertical apertures faces the superior vertebrae or the inferior vertebrae (Fig 10);
an electronics portion (the implanted power system as a distinct system entity in [0122]) including a housing (housing of distinct system entity within the implant body [0122]) defining a sealed cavity (housing sealed within implant body of [0122]) for supporting an electronics assembly (power system wiring in [0122]) and a battery (implanted battery in the distinct system entity within implant body 110 of [0122]);
at least one antenna (antenna of orienting system 136 which is part of sensor system 130 of [0050]) in electrical communication with the electronics assembly ([0050,0122]); and
at least one strain gauge (strain gauge pressure sensor of [0095] on 110 with conductive connections within implant body 110) configured to detect a localized force experienced by the interbody fusion cage and being in electrical communication with the electronics assembly ([0080-0097]),
wherein the at least one antenna is configured to transmit information received from the at least one strain gauge to an external device ([0050, 0080-0097, 0122]).
For claim 5, Zellmer discloses the load sensing spinal implant of claim 1, wherein an overmold is formed over the electronics portion (interior of body 110 molded around housing of distinct system entity of [0122] may fairly and reasonably be considered as a formed overmold).
For claim 6, Zellmer discloses the load sensing spinal implant of claim 1, wherein at least one electrical feedthrough pass through connection extends through a sidewall of the housing thereby placing the at least one antenna in electrical communication with the electronics assembly (the necessary electrical feedthrough passages for the electrical wiring internal to the implant body extend through sidewalls when connecting power system, sensor system and anneta in [0122]).
For claim 7, Zellmer discloses the load sensing spinal implant of claim 1, wherein the housing further comprises a cover (surface coating of [0064]) configured to seal an opening of the cavity for placing the electronics assembly therein (surface coating seals entirety of implant body surface, thus also sealing electronics embedded/disposed within implantbody).
For claim 10, Wilder discloses the load sensing spinal implant of claim 1, wherein the at least one strain gauge is disposed on an interior sidewall of a graft window of the interbody fusion cage ([0080-0097]).
For claim 12, Zellmer discloses the load sensing spinal implant of claim 1, wherein the at least one strain gauge is disposed inside of the housing ([0080-0097]).
Allowable Subject Matter
Claims 4 and 15 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.
The following is a statement of reasons for the indication of allowable subject matter: the prior art, alone and/or in combination, does not disclose, teach and or reasonably suggest a load sensing spinal implant with inter alia an interbody fusion cage having a hollow graft window and a sealed housing with an electronics assembly and batter, where the electronics assembly is either (i) disposed within the inside of the graft window or (ii) coupled to an interior sidebody of the interbody fusion cage with a pin or threaded screw.
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 Jeffrey G. Hoekstra whose telephone number is (571)272-7232. The examiner can normally be reached Monday through Thursday from 5am-3pm EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles A. Marmor II can be reached at (571)272-4730. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Jeffrey G. Hoekstra
Primary Examiner
Art Unit 3791
/JEFFREY G. HOEKSTRA/ Primary Examiner, Art Unit 3791