DETAILED ACTION
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) 44-50 and 52 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim (US 20070179493).
Kim discloses an intervertebral disc replacement device (10, Fig. 1A) including: a first piece or superior plate 12; and a second piece or inferior plate 14; wherein each plate comprises an outer or fixation surface and an inner or articulating surface, wherein the articulating surface of the superior plate is configured to articulate against the articulating surface of the inferior plate and the superior plate 12 has a magnet 16 embedded therein and the inferior plate 14 has a magnet 18 embedded therein wherein the type and size of magnets 16 and 18 is used to obtain the desired magnetic repulsion (Fig.1A and para [0043]).
Regarding claims 45-47, Kim discloses the fixation surfaces of superior plate 12 and inferior plate 14 to include anchoring spikes (surface geometry or texture) or screws (surface feature) (para [0043]).
Regarding claim 48, Kim discloses the superior and the inferior plates to be made from a biocompatible metal (para [0053]).
Regarding claims 49 and 50, Kim discloses the magnets 16 and 18 to be constructed of a rare earth alloy (neodymium-iron-boron) (para [0009]).
Regarding claim 52, Kim discloses the implant device to be configured to replace all of an intervertebral disc (paras [0006] and [0011]). The claimed method step is performed when the implant device is implanted into intervertebral space after removal of a degenerated or diseased disc.
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.
Claims 51 and 53 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 20070179493) in view of Choksey et al. (GB 2410189 A).
Kim discloses all elements of the claimed invention except for a surface feature in the form of a fixation extension.
Choksey et al. disclose a fixation extension in the form of a flange 50 configured to adhere to the anterior or outer surface of a vertebral body lying adjacent to the disc prosthesis wherein the flange is attached to the anterior surface by means of screws (Fig. 2a-c and 3a-c and supporting text).
It would have been obvious to one of ordinary skill in the art to have provided a fixation extension or flange on the Kim device, as taught by Choksey et al., for the predictable result of securing the intervertebral prosthesis to prevent sliding of the superior and inferior plates.
Regarding claim 53, Kim discloses replacement of a damaged or diseased intervertebral disc but does not specifically disclose reducing pain caused by degenerative disc disease.
It is well known, as evidenced by Choksey et al., to perform spinal surgery to replace a damaged or diseased disc to alleviate pain (page 2).
It would have been obvious to one of ordinary skill in the art to have utilized the Kim prosthetic disc to replace a damaged disc for the predictable result of reducing pain caused by degenerative disc disease.
Response to Arguments
Applicant's arguments have been considered by the Examiner. New grounds of rejection have been made in this office action.
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 Anu Ramana whose telephone number is (571)272-4718. The examiner can normally be reached 8:00 am-5:00 pm.
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March 24, 2026
/Anu Ramana/Primary Examiner, Art Unit 3775