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 .
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.
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.
Claims 1-4, 6-9, and 11-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Eaton et al. (US 5871504).
Regarding claim 1, Eaton discloses a fixation assembly (see Fig. 7) comprising: an anchor plug (see Fig. 7, insert 26’) comprising an elongated body comprising a plurality of tapering conical sections (ridges 26a); and an anchor receptacle (sleeve 24) comprising an interior passage (24b) with interior teeth (circular ridges 24c) configured to interengage with the plurality of tapering conical sections of the anchor plug when the anchor plug is inserted into the interior passage (see col. 7, lines 7-10, the ridges of 24c are asymmetrical in order to cooperate with mating asymmetrical circumferential ridges of 26a).
Regarding claim 2, Eaton discloses the fixation assembly of claim 1, wherein the anchor receptacle (24) comprises a receptacle body (body of 24) having a longitudinal axis on which lies the interior passage (see Fig. 7).
Regarding claim 3, Eaton discloses the fixation assembly of claim 2, wherein the anchor receptacle (24) further comprises a head portion (Fig. 7, top portion surrounding the opening through which 26’ is inserted).
Regarding claim 4, Eaton discloses the fixation assembly of claim 3, wherein the head portion comprises a flange outwardly from the receptacle body (see Fig. 7, top gripping member 24a).
Regarding claim 6, Eaton discloses the fixation assembly of claim 2, wherein the receptacle body comprises a distal end (see Fig. 7, bottom end of sleeve 24 through which 44 exits).
Regarding claim 7, Eaton discloses the fixation assembly of claim 6, wherein the distal end comprises an exterior taper (bottom end) comprises an exterior taper (see Fig. 7, bottom gripping member 24a).
Regarding claim 8, Eaton discloses the fixation assembly of claim 6 wherein the distal end (bottom end) comprises an interior taper (interior bore 24b has circular ridges that mate with ridges 26a).
Regarding claim 9, Eaton discloses the fixation assembly of claim 2, wherein the receptacle body further comprises exterior threads (24a; see Fig. 7).
Regarding claim 11, Eaton discloses the fixation of claim 1, wherein the anchor plug (26’) comprises a first end and a distal end (see Fig. 7, top and bottom ends of insert 26’, respectively).
Regarding claim 12, Eaton discloses the fixation assembly of claim 11, wherein the first end (top end) comprises a generally conical tip (see Fig.7).
Regarding claim 13, Eaton discloses the fixation assembly of claim 12, wherein the generally conical tip delimits an aperture therethrough (see Fig. 7, eyelet 26B).
Regarding claim 14, Eaton discloses the fixation assembly of claim 11, wherein the distal end (bottom end) delimits an aperture therethrough (see Fig.7, second eyelet 26d)
Regarding claim 15, Eaton discloses the fixation assembly of claim 11, wherein the distal end (bottom end) comprises an eyelet having an aperture therethrough (see Fig.7, second eyelet 26d).
Regarding claim 16, Eaton discloses the fixation assembly of claim 11, wherein the plurality of tapering conical sections (26a) each comprise a lip (Fig. 7, the larger outer edges of each ridge 26a).
Regarding claim 17, Eaton discloses the fixation assembly of claim 1. Eaton further discloses wherein the anchor plug (see Fig. 7, insert 26’) comprises a tip (bottom end) and the anchor receptacle (see Fig. 7, sleeve 24) comprises a flange (see Fig. 7, top gripping member 24a) and the tip of the anchor plug extends past the flange and the interior teeth remain interengaged with the plurality of tapering conical sections (see Fig. 4 showing plug 26 inserted in sleeve 24, wherein 26’ and 24’ operate in the same manner).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Beck Jr. et al. (US 5632748) as applied to claim 3 above, and further in view of West Jr. (US 20140074163).
Beck further discloses the interior passage (24b) passes through the head portion (Fig. 7, top portion surrounding the opening through which 26’ is inserted). Beck fails to disclose that the interior passage has a hex-shaped configuration in the head portion.
However, West also discloses a fixation assembly (see Fig. 1, bone anchor 10) having an interior passage (30) that passes through a head portion (14). West teaches the interior passage (30) has a hex configuration in the head portion (see Fig. 1, hex socket 22). Therefore, it would have been obvious to one having ordinary skill in the art before the effective date of the claimed invention to have modified the fixation assembly of Beck to include an interior passage that passes through the head portion and has a hex-shaped configuration in the head portion as taught by West in order to receive a hex shaped driver for delivering the fixation assembly (see paragraph [0041]).
Claim(s) 10 is rejected under 35 U.S.C. 103 as being unpatentable over Eaton as applied to claim 2 above, and further in view of Koogle Jr. (US 8870877).
Regarding claim 10, Eaton discloses the fixation assembly as claimed in claim 2 but fails to disclose wherein the receptacle body (24) comprises resilient clips forming the interior teeth (24c).
However, Koogle also discloses a fixation assembly comprising a receptacle body (sheath body 9) having an interior passage (longitudinal bore 8; see Fig. 1(a)) and an anchor plug (screw 3). Koogle teaches the receptacle body (sheath body 9) comprises resilient clips (projections 15) forming the interior teeth of the interior passage (see Fig. 1(a)) that urge radially outward when the anchor plug (screw 3) is screwed into the interior passage (longitudinal bore 8) of the receptacle body (sheath body 9). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the receptacle body of Eaton to have resilient clips forming the interior teeth as taught by Koogle in order to improve graft fixation to the bone and eliminate the need for secondary fixation (see col. 2, lines 20-26).
Claim(s) 18 is rejected under 35 U.S.C. 103 as being unpatentable over Eaton as applied to claim 1 above, and further in view of Hart (US 7637949).
Regarding claim 18, Eaton discloses the fixation assembly as claimed in claim 1 but fails to disclose the fixation assembly further comprising a second anchor receptacle having a second interior passage sized differently than the interior passage of the anchor receptacle.
However, Hart also discloses and teaches a fixation assembly comprising an anchor receptacle (see Fig. 6, stabilizing element 15) having an interior passage (see Fig. 4a, axial channel 17). Hart teaches the fixation assembly further comprising a second anchor receptacle (see Fig.6, stabilizing element 28), having a second interior passage (see Fig. 7, channel 31). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the fixation assembly of Eaton to further comprise a second anchor receptacle having a second interior passage as taught by Hart in order to better stabilize the anchor to minimize the risk of graft pullout during surgery (see col. 2, lines 24-27 and Fig.6).
Eaton as modified by Hart fails to disclose the second passageway of the second anchor receptacle is sized differently than the interior passage of the anchor receptacle. However, there is no evidence of record that establishes that providing anchor receptables with different sized interior passages would result in a difference of function of the device of Eaton in view of Hart and Hart suggests stabilization elements of different sizes for different purposes are well known in the art (column 8, lines 38-42 and column 9, lines 10-14). Further, a person having ordinary skill in the art being faced with modifying the size of the internal passages would have had a reasonable expectation of success in making such a modification and it appears the device would still function as intended. Lastly, applicant has not disclosed that anchor receptables with different sized interior passages solves any stated problem or provides a particular advantage. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the second interior passage of the second anchor receptacle of Eaton as modified by Hartz to be sized differently than the interior passage of the receptacle as an obvious matter of design choice within the skill in the art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN ZHI-DE YAO whose telephone number is (571)272-5449. The examiner can normally be reached Monday - Friday 8:00 am to 5:00 pm.
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/JUSTIN ZHI-DE YAO/Patent Examiner, Art Unit 3774
/MELANIE R TYSON/Supervisory Patent Examiner, Art Unit 3774