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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 22-35 and 40-42 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 22 recites the limitation "the first overlapping engagement" in the 4th to last line. There is insufficient antecedent basis for this limitation in the claim.
Claim 28 recites “planar top surfaces of the pair of insert arms”. However, claim 22 recites that the insert has upwardly facing top edge surfaces. It is not clear whether these two recitations refer to the same element/part of the insert. Based on the drawings and disclosure, it appears as though they both refer to the same element/part of the insert. Please clarify.
Claim 40 recites “a curvate upper side portions”. It is unclear if the limitation refers to a single side portion or a plurality. Please clarify.
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 22-36, 38-40, and 42 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jackson et al. (Pub. No. US 2014/0121703 A1) in view of Mishra et al. (Pub. No. US 2014/0188173A1)
Regarding claims 22-35, Jackson et al. discloses a pivotal bone anchor assembly 1 intended for securing an elongate rod to a bone of a patient with tooling (figure 1), the pivotal bone anchor assembly comprising: a receiver 10 comprising a base 60 defining a lower portion of a central bore 61 communicating with a bottom of the base through a bottom opening 110, and an upper portion defining an open channel 64 configured to receive the elongate rod, the central bore 61 extending upward from the bottom opening through the open channel to a top of the receiver and including a closure mating structure 72 adjacent the top of the receiver and an integral preformed non-resilient discontinuous horizontal ridge 94 protruding inwardly and extending at least partially around the central bore between the bottom opening and the closure mating structure (figure 8); an insert 14 positionable into the central bore and open channel of the receiver (paragraph 0006 “retainers and compression inserts are downloaded into the receiver, but uploaded embodiments are also foreseen”), the insert 14 having an upward-facing saddle surface 183 configured to engage the elongate rod and curvate upper side portions 170 (figure 15) with upwardly facing top edge surfaces (the top of lip 172) and attachment mechanism 172 formed onto the curvate upper side portions below the top edge surfaces, the attachment mechanism 172 configured for a first overlapping arrangement with the discontinuous horizontal ridge 94 that inhibits downward movement of the insert 14 within the central bore of the receiver (figure 25); a shank 4 comprising a shank head 8 and an anchor portion 6 opposite the shank head configured for anchoring to the bone (figure 2), the shank head 8 being uploadable into the lower portion of the central bore through the bottom opening with the shank being initially pivotable with respect to the receiver (figure 27; paragraphs 0133-0134); and a closure top 18 (figure 30) configured for positioning entirely within the central bore of the receiver above the elongate rod and in rotatable engagement with the closure mating structure 72, the closure top 18 configured to apply a downward pressure toward the insert 14 and the shank head so as to lock the pivotal bone anchor assembly (figure 33; paragraph 0135), wherein after the uploading of the shank head into the lower portion of the central bore, the insert 14 is configured for forced downward displacement within the central bore via direct engagement by the tooling to move the top edge surfaces 167 of the insert into a second overlapping arrangement with the discontinuous horizontal ridge 94 that inhibits the insert from moving back up within the central bore of the receiver into the fist overlapping engagement (figure 27-29; paragraph 0134), and wherein after the forced downward displacement of the insert within the central bore, the shank is configured to remain pivotable with respect to the receiver until the pivotal bone anchor assembly is locked with the closure top (figure 28-29; paragraph 0134). The insert 14 is linearly uploaded into position in the receiver through the bottom opening (paragraph 0006 “retainers and compression inserts are downloaded into the receiver, but uploaded embodiments are also foreseen” This is a product by process limitation. The prior art can be made by the claimed process and therefore meets the limitation), and wherein the open channel of the receiver 10 is configured to be expandable during the linear uploading in the insert 14 so as to position the attachment mechanism 172 into the first overlapping arrangement with the discontinuous horizontal ridge (paragraph 0131 discloses that the arms of the receiver can be splayed during insertion of the insert, so the prior art element is capable of performing as claimed). The assembly further comprising guide surfaces 84 (figure 22) formed into the central bore of the receiver between the closure mating structure and the bottom opening and configured to slidably engage with vertically-extending outer surfaces 174 of the insert to prevent rotation of the insert 14 relative to the receiver during the linear uploading of the insert into position in the receiver (figure 22). The insert 14 includes a downward-facing concave lower surface 190 (figure 16) configured for direct engagement with the shank head upon the forced downward displacement of the insert within the central bore (figure 29). The top edge surfaces are configured to remain below a top surface of the elongate rod when the saddle surface is in engagement with the elongate rod (figure 33). The insert 14 further comprises a lower body portion having a center aperture 180 and a pair of insert arms 157 extending upwardly from the lower body portion to define the saddle surface 183 therebetween, the pair of insert arms having outer side surfaces including the curvate upper side portions (figure 15). A discontinuous downward facing stop surface 92 (figure 21) is formed into the central bore of the receiver 10 between the discontinuous horizontal ridge 94 and the closure mating structure 72, wherein the discontinuous downward facing stop surface 92 is configured to engage the planar top surfaces of the pair of insert arms to inhibit upward movement of the insert 14 within the central bore of the receiver (figure 26). The first overlapping arrangement between the opposite attachment mechanisms 172 of the insert 14 and the discontinuous horizontal ridge 94 of the central bore further comprises an overlapping engagement that is configured to inhibit upward movement of the insert 14 within the central bore of the receiver (figure 26; paragraph 0133). The second overlapping arrangement (figure 29) between the top edge surfaces of the insert 14 and the discontinuous horizontal ridge 94 of the central bore further comprises an overlapping engagement configured to bias a downward-facing surface 190 of the insert 14 against the shank head to establish a non-floppy friction fit between the shank and the receiver (figure 29; paragraph 0134). The closure mating structure 72 further comprises a helically wound guide and advancement structure (figure 27). The assembly further comprises a retaining structure 12 uploadable into the lower portion of the central bore through the bottom opening prior to the shank head (paragraph 0006 “retainers and compression inserts are downloaded into the receiver, but uploaded embodiments are also foreseen”), the retaining structure 12 comprising a center opening 141 (figure 12), outer surfaces configured for positioning within the lower portion of the central bore, and being configured to capture and hold the shank head upon the uploading of the shank head through the bottom opening (figure 27). The retaining structure 18 is spaced from the insert 14 before, during, and after the uploading of shank head into the lower portion of the central bore through the bottom opening (figures 22, 23, 27). The receiver 10, the insert 14, and the retaining structure 12 are configured for pre-assembly together into a shipping state configuration in which the attachment mechanisms 172 of the insert 14 are in the first overlapping arrangement with the discontinuous horizontal ridge 94 of the central bore of the receiver, prior to the uploading of the shank head and the forced downward displacement of the insert (figure 22).
Jackson et al. discloses the claimed invention except wherein the insert comprises attachment grooves formed into the curvate upper side portions below the top edge surfaces, the attachment grooves configured for a first overlapping engagement with the discontinuous horizontal ridge, wherein, when the insert is moved into the second overlapping engagement with the horizontal ridge, the top edge surfaces inhibit the insert from moving back up within the receiver into the first overlapping engagement; wherein the attachment grooves of the insert further comprise opposite attachment grooves formed into the curvate upper side portions of the pair of insert arms and spaced below planar top surfaces of the pair of insert arms; wherein the first overlapping arrangement between the opposite attachment grooves of the insert and the discontinuous horizontal ridge of the central bore further comprises an overlapping engagement between upward facing groove surfaces of the opposite attachment grooves and the discontinuous horizontal ridge that is configured to inhibit upward movement of the insert within the central bore of the receiver; wherein the second overlapping arrangement between the top edge surfaces of the insert and the discontinuous horizontal ridge of the central bore comprises an overlapping engagement configured to bias a downward facing surface of the insert against the shank head to establish a non-floppy friction fit between the shank and the receiver. Jackson et al. discloses an attachment ridge 172 that forms an overlapping arrangement with the horizontal ridge and performs all of the functions as claimed (figure 1).
Mishra et al. teaches wherein an attachment mechanism on an insert 8 comprises attachment grooves 54 formed into the curvate upper side portions below the top edge surfaces 57 (figure 3), the attachment grooves 54 configured for a first overlapping engagement with the discontinuous horizontal ridge 78 (figure 6), wherein, when the insert 8 is moved into the second overlapping engagement with the horizontal ridge 78, the top edge surfaces 57 inhibit the insert 8 from moving back up within the receiver into the first overlapping engagement (figure 7); wherein the attachment grooves 54 of the insert 8 further comprise opposite attachment grooves 54 formed into the curvate upper side portions of the pair of insert arms and spaced below planar top surfaces 57 of the pair of insert arms; wherein the first overlapping arrangement between the opposite attachment grooves 54 of the insert 14 and the discontinuous horizontal ridge 78 of the central bore further comprises an overlapping engagement between upward facing groove surfaces of the opposite attachment grooves and the discontinuous horizontal ridge 78 that is configured to inhibit upward movement of the insert 8 within the central bore of the receiver (figure 6, indicated by arrow 1); wherein the second overlapping arrangement between the top edge surfaces 57 of the insert 8 and the discontinuous horizontal ridge 78 of the central bore comprises an overlapping engagement configured to bias a downward facing surface of the insert against the shank head to establish a non-floppy friction fit between the shank and the receiver (figure 14). Mishra et al. teaches that the grooves 54 and ridge 78 provide an overlapping arrangement for the purpose of maintaining the position of the insert during insertion of the bone screw and manipulation thereof (paragraphs 0056 and 0057).
It would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to modify the attachment mechanism on the insert disclosed by Jackson et al. to be grooves instead of ridges, as taught by Mishra et al., in order to achieve the predictable result of providing an overlapping arrangement between the insert and the receiver which maintains the desired position between the insert and the receiver. As modified, the insert comprises attachment grooves formed into the curvate upper side portions below top edge surfaces, the attachment grooves configured for a first overlapping engagement with the discontinuous horizontal ridge, wherein, when the insert is moved into the second overlapping engagement with the horizontal ridge, the top edge surfaces inhibit the insert from moving back up within the receiver into the first overlapping engagement; wherein the attachment grooves of the insert further comprise opposite attachment grooves formed into the curvate upper side portions of the pair of insert arms and spaced below planar top surfaces of the pair of insert arms; wherein the first overlapping arrangement between the opposite attachment grooves of the insert and the discontinuous horizontal ridge of the central bore further comprises an overlapping engagement between upward facing groove surfaces of the opposite attachment grooves and the discontinuous horizontal ridge that is configured to inhibit upward movement of the insert within the central bore of the receiver; wherein the second overlapping arrangement between the top edge surfaces of the insert and the discontinuous horizontal ridge of the central bore comprises an overlapping engagement configured to bias a downward facing surface of the insert against the shank head to establish a non-floppy friction fit between the shank and the receiver.
Regarding claims 36, 38, and 39, Jackson discloses a method of assembling a pivotal bone anchor assembly intended for securing an elongate rod to a bone of a patient with tooling (figures 19-33), the method comprising: positioning an insert 14 into a central bore and open channel of a receiver 10 (figure 19), the receiver comprising a base 60 defining a lower portion of the central bore 61 communicating with a bottom of the base through the bottom opening 110, and an upper portion defining the open channel 64 configured to receive the elongate rod, the central bore 61 extending upward from the bottom opening through the open channel to a top of the receiver and including a closure mating structure 72 adjacent the top of the receiver configured for rotatable engagement with a closure top 18 (figure 30) and an integral preformed non-resilient discontinuous horizontal ridge 94 protruding inwardly and extending at least partially around the central bore between the bottom opening and the closure mating structure (figure 8); and the insert 14 comprising an upward-facing saddle surface 183 configured to engage the elongate rod and curvate upper side portions 170 with upwardly facing top edge surfaces (the top of lip 172) and attachment mechanisms 172 formed into the curvate upper side portions below the top edge surfaces (figure 15), the attachment grooves 172 configured for a first overlapping arrangement with the discontinuous horizontal ridge 94 that inhibits downward movement of the insert 14 within the central bore of the receiver (figure 25); and loading a retaining structure 12 into the lower portion of the central bore, the retaining structure 12 configured to capture and hold a shank head 36 of a shank 4 (figure 27), with the shank 4 being initially pivotable with respect to the receiver, upon uploading of the shank head through the bottom opening (paragraph 0130, 0134); uploading the shank head 36 into the receiver 10 through the bottom opening so as to capture and hold the shank head 36 in the lower portion of the central bore with the retaining structure 12 (figure 27), the shank 4 including an anchor portion opposite the shank head configured for anchoring to the bone (figure 2); and forcibly downwardly displacing the insert 14 within the central bore via direct engagement by the tooling to move the top edge surfaces of the curvate upper side portions of the insert 14 into a second overlapping arrangement with the discontinuous horizontal ridge 94 that inhibits upward movement of the insert 14 within the central bore of the receiver (figure 29; paragraph 0009), wherein after forcibly downwardly displacing the insert 14 within the central bore, the shank 4 is configured to remain pivotable with respect to the receiver until the pivotal bone anchor assembly is locked with the closure top 18 (figure 33; paragraph 0134). The insert 14 further comprises a lower body portion 15 having a center aperture 180 and a pair of insert arms 160 extending upwardly from the lower body portion to define the saddle surface 183 therebetween, the pair of insert arms 160 having outer side surfaces 170 including the curvate upper side portions, and wherein the attachment mechanisms 172 of the insert further comprise opposite attachment mechanisms 172 formed into the curvate upper side portions of the pair of insert arms 160 and configured to receive the discontinuous horizontal ridge prior to the forced downward displacement of the insert 14 within the central bore of the receiver (figure 23). Forcibly downwardly displacing the insert 14 within the central bore further comprises moving a downward-facing concave lower surface 190 of the insert into direct engagement with the shank head 36 (figure 29).
Jackson discloses the claimed invention except wherein the retaining structure is uploaded into the receiver through the bottom opening. Jackson also fails to disclose wherein the insert attachment mechanism comprises attachment grooves formed into the curvate upper side portions below the top edge surfaces, the attachment grooves configured for a first overlapping engagement with the discontinuous horizontal ridge, wherein, when the insert is moved into the second overlapping engagement with the horizontal ridge, the top edge surfaces inhibit the insert from moving back up within the receiver; wherein the attachment grooves of the insert further comprise opposite attachment grooves formed into the curvate upper side portions of the pair of insert arms and configured to receive the discontinuous horizontal ridge. Jackson et al. discloses an attachment ridge 172 that forms an overlapping arrangement with the horizontal ridge and performs all of the functions as claimed (figure 1).
In paragraph 0006, Jackson teaches that uploaded embodiments of inserts and retaining structures are also foreseen.
Mishra et al. teaches wherein an attachment mechanism on an insert 8 comprises attachment grooves 54 formed into the curvate upper side portions below the top edge surfaces 57 (figure 3), the attachment grooves 54 configured for a first overlapping engagement with the discontinuous horizontal ridge 78 (figure 6), wherein, when the insert 8 is moved into the second overlapping engagement with the horizontal ridge 78, the top edge surfaces 57 inhibit the insert 8 from moving back up within the receiver into the first overlapping engagement (figure 7); wherein the attachment grooves 54 of the insert 8 further comprise opposite attachment grooves 54 formed into the curvate upper side portions of the pair of insert arms and configured to receive the discontinuous horizonal ridge 78 (figure 14). Mishra et al. teaches that the grooves 54 and ridge 78 provide an overlapping arrangement for the purpose of maintaining the position of the insert during insertion of the bone screw and manipulation thereof (paragraphs 0056 and 0057).
It would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to modify the method disclosed by Jackson et al. such that the retaining structure is uploaded through the bottom opening, as taught in paragraph 0006, since Applicant discloses that it is one of numerous options for assembling the assembly. Additionally, uploading the retaining structure is advantageous because it allows for assembly of all of the elements through the same opening.
It would have been further obvious to a person having ordinary skill in the art at the time the invention was effectively filed to modify the attachment mechanism on the insert disclosed by Jackson et al. to be grooves instead of ridges, as taught by Mishra et al., in order to achieve the predictable result of providing an overlapping arrangement between the insert and the receiver which maintains the desired position between the insert and the receiver during manipulation and use thereof. As modified, the insert comprises attachment grooves formed into the curvate upper side portions below top edge surfaces, the attachment grooves configured for a first overlapping engagement with the discontinuous horizontal ridge, wherein, when the insert is moved into the second overlapping engagement with the horizontal ridge, the top edge surfaces inhibit the insert from moving back up within the receiver; wherein the attachment grooves of the insert further comprise opposite attachment grooves formed into the curvate upper side portions of the pair of insert arms and configured to receive the discontinuous horizontal ridge.
Regarding claims 40 and 42, Jackson discloses a method of assembling a pivotal bone anchor assembly configured for securing an elongate rod to a bone of a patient with tooling (figures 19-33), the method comprising: positioning an insert 14 into a central bore and open channel of a receiver 10 (figure 19), the receiver comprising a base 60 defining a lower portion of the central bore 61 communicating with a bottom of the base through the bottom opening 110, and an upper portion defining the open channel 64 configured to receive the elongate rod, the central bore 61 extending upward from the bottom opening through the open channel to a top of the receiver and including a closure mating structure 72 adjacent the top of the receiver configured for rotatable engagement with a closure top, and an integral preformed non-resilient discontinuous horizontal ridge 94 protruding inwardly and extending at least partially around the central bore between the bottom opening and the closure mating structure (figure 8); and the insert 14 comprising an upward-facing saddle surface 183 configured to engage the elongate rod and curvate upper side portions 170 with upwardly facing top edge surfaces (figure 15- the top of the ridge 172) and attachment mechanisms 172 formed onto the curvate upper side portions below the top edge surfaces, the attachment mechanisms 172 configured for a first overlapping arrangement with the discontinuous horizontal ridge 94 that inhibits downward movement of the insert 14 within the central bore of the receiver (figure 25); and positioning a retaining structure 12 into the lower portion of the central bore, the retaining structure 12 configured to capture and hold a shank head 36 of a shank 4 (figure 27), with the shank 4 being initially pivotable with respect to the receiver, upon the uploading of the shank head through the bottom opening (paragraph 0130, 0134), the shank comprising the shank head 36 and an anchor portion opposite the shank head configured for anchoring to the bone (figure 2); wherein after the uploading of the shank head into the lower portion of the central bore, the insert 14 is configured for forced downward displacement within the central bore via direct engagement by the tooling to move the top edge surfaces 170 of the curvate upper side portions of the insert 14 into a second overlapping arrangement with the discontinuous horizontal ridge 94 that inhibits upward movement of the insert 14 within the central bore of the receiver (figure 29; paragraph 0009), and wherein after the forced downward displacement of the insert 14 within the central bore, the shank 4 is configured to remain pivotable with respect to the receiver until the pivotal bone anchor assembly is locked with the closure top 18 (figure 33; paragraph 0134). The insert 14 further comprises a lower body portion 15 having a center aperture 180 and a pair of insert arms 160 extending upwardly from the lower body portion to define the saddle surface 183 therebetween, the pair of insert arms 160 having outer side surfaces 170 including the curvate upper side portions, and wherein the attachment mechanisms 172 of the insert further comprise opposite attachment mechanisms 172 formed into the curvate upper side portions of the pair of insert arms 160 and configured to receive the discontinuous horizontal ridge in the first overlapping arrangement prior to the forced downward displacement of the insert 14 within the central bore of the receiver (figure 23).
Jackson discloses the claimed invention except wherein the retaining structure are inserted into the receiver through the bottom opening. Jackson also fails to disclose wherein the insert attachment mechanism comprises attachment grooves formed into the curvate upper side portions below the top edge surfaces, the attachment grooves configured for a first overlapping engagement with the discontinuous horizontal ridge, wherein, when the insert is moved into the second overlapping engagement with the horizontal ridge, the top edge surfaces inhibit the insert from moving back up within the receiver; wherein the attachment grooves of the insert further comprise opposite attachment grooves formed into the curvate upper side portions of the pair of insert arms and configured to receive the discontinuous horizontal ridge. Jackson et al. discloses an attachment ridge 172 that forms an overlapping arrangement with the horizontal ridge and performs all of the functions as claimed (figure 1).
In paragraph 0006, Jackson teaches that uploaded embodiments of and retaining structures are also foreseen.
Mishra et al. teaches wherein an attachment mechanism on an insert 8 comprises attachment grooves 54 formed into the curvate upper side portions below the top edge surfaces 57 (figure 3), the attachment grooves 54 configured for a first overlapping engagement with the discontinuous horizontal ridge 78 (figure 6), wherein, when the insert 8 is moved into the second overlapping engagement with the horizontal ridge 78, the top edge surfaces 57 inhibit the insert 8 from moving back up within the receiver into the first overlapping engagement (figure 7); wherein the attachment grooves 54 of the insert 8 further comprise opposite attachment grooves 54 formed into the curvate upper side portions of the pair of insert arms and configured to receive the discontinuous horizonal ridge 78 (figure 14). Mishra et al. teaches that the grooves 54 and ridge 78 provide an overlapping arrangement for the purpose of maintaining the position of the insert during insertion of the bone screw and manipulation thereof (paragraphs 0056 and 0057).
It would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to modify the method disclosed by Jackson et al. such that the retaining structure is uploaded through the bottom opening, as taught in paragraph 0006, since Applicant discloses that it is one of numerous options for assembling the assembly. Additionally, uploading the retaining structure is advantageous because it allows for assembly of all of the elements through the same opening.
It would have been further obvious to a person having ordinary skill in the art at the time the invention was effectively filed to modify the attachment mechanism on the insert disclosed by Jackson et al. to be grooves instead of ridges, as taught by Mishra et al., in order to achieve the predictable result of providing an overlapping arrangement between the insert and the receiver which maintains the desired position between the insert and the receiver during manipulation and use thereof. As modified, the insert comprises attachment grooves formed into the curvate upper side portions below top edge surfaces, the attachment grooves configured for a first overlapping engagement with the discontinuous horizontal ridge, wherein, when the insert is moved into the second overlapping engagement with the horizontal ridge, the top edge surfaces inhibit the insert from moving back up within the receiver; wherein the attachment grooves of the insert further comprise opposite attachment grooves formed into the curvate upper side portions of the pair of insert arms and configured to receive the discontinuous horizontal ridge.
Allowable Subject Matter
Claims 37 and 41 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 12/23/2025 have been fully considered but they are not persuasive.
Applicant argues that Jackson comprises radially outward projections/lips instead of grooves. However, the pending rejection modifies the radially outward projections/lips of Jackson to be grooves, as taught by Mishra et al., in order to achieve the predictable result of providing an attachment mechanism for maintaining a desired position between the insert and the receiver. Essentially, Mishra et al. teaches that grooves 54 cooperate with horizontal ridges 78 to hold the insert in a first position within the receiver. The top surfaces 57 of the insert of Mishra cooperate with the ridges 78 to prevent the insert from moving back up to the first position once placed in the second position. In the pending rejection, the radially outward projections/lips of Jackson are replaced with the grooves/top surfaces of Mishra in order to achieve the predictable result of providing a mechanism for retaining the insert in the first and second positions. Therefore, Applicant’s arguments are not persuasive because Mishra et al. is utilized in the pending rejection to overcome the shortcomings of Jackson.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lynnsy Summitt whose telephone number is (571)270-78567856. The examiner can normally be reached on Monday through Thursday from 8am until 5pm.
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Eduardo Robert, at (571) 272-4719. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LYNNSY M SUMMITT/Primary Examiner, Art Unit 3773