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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 9/8/2026 has been entered.
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.
Claim(s) 1, 3, 4, 9, 11, and 31-36 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Molz et al. (US Pub 2005/0192581).
With respect to claim 1, Molz discloses a device (see fig 4 below)comprising: a first anchor (see fig 4 below line is looped around the vertebra and paragraph 58, can be a bone hook or glue or nail); a second anchor (see fig 4 below line is looped around the vertebra and paragraph 58, can be a bone hook or glue or nail); a line (fig 4, 100) couplable to (i) the first anchor, (ii) a first vertebra (fig 4, 102) of the spine using the first anchor, and (iii) a second vertebra (fig 4, 106) of the spine using the second anchor, wherein the line is flexible under physiological loads (paragraph 20), wherein the first anchor comprises a first portion of the line (tied and looped around the vertebra) and is configured to at least one of loop around or pass through the first vertebra, and the second anchor comprises a second portion (tied and looped around the vertebra) of the line and is configured to at least one of loop around or pass through the second vertebra; wherein the line spans posteriorly to the spine between the first anchor and the second anchor; and wherein the first and second vertebrae are separated from each other by at least one intermediate vertebra (Fig 4, 104).
With respect to claim 3, Molz discloses, wherein at least one of the first anchor or the second anchor includes at least one of a hook, a wire, a dart, or a loop (see fig 4 below line is looped around the vertebra and paragraph 58, can be a bone hook or glue or nail).
With respect to claim 4, Molz discloses, wherein the line is a tether (tether 100 and title).
With respect to claim 9, Molz discloses, wherein at least one of the first vertebra or the second vertebra is undergoing or has undergone a spinal fusion (paragraph 4).
With respect to claim 11, Molz discloses a device comprising: a flexible, non-rigid line (fig 4, 100) spanning between a first anchor (see fig 4 below line is looped around the vertebra and paragraph 58, can be a bone hook or glue or nail) configured for coupling to a first vertebra (fig 4, 102) of a spine, and a second anchor (see fig 4 below line is looped around the vertebra and paragraph 58, can be a bone hook or glue or nail) configured for coupling to a second vertebra (fig 4, 106) of the spine, wherein the first anchor comprises a first portion of the line (loop around the vertebra) and is configured to at least one of loop around or pass through the first vertebra, and the second anchor comprises a second portion (loop portion around the vertebra) of the line and is configured to loop around or pass through the second vertebra, wherein the flexible, non-rigid line is flexible under physiological loads,(paragraph 20) and spans posteriorly to the spine between the first anchor and the second anchor, and wherein the first vertebra and the second vertebra are separated by at least one intermediate vertebra (fig 4, 104).
With respect to claim 31, Molz discloses device comprising: a flexible (paragraph 20), non-rigid line (fig 4, 100), wherein the flexible, non-rigid line is flexible under physiological loads, comprising a first end and a second end, wherein the first end of the line comprises a first anchor (see fig 4 below line is looped around the vertebra and paragraph 58, can be a bone hook or glue or nail) and is configured to loop around or pass through a first vertebra (fig 4, 102), and wherein the second end of the line comprises a second anchor (see fig 4 below line is looped around the vertebra and paragraph 58, can be a bone hook or glue or nail) and is configured to loop around or pass through a second vertebra (fig 4, 106), wherein the second vertebra is separated from the first vertebra by at least a third vertebra (fig 4, 104).
With respect to claim 33, Molz discloses wherein the first anchor comprises at least one of a loop or a wire, comprising a portion of the line, wherein the first anchor is configured for fastening, tying, mating, interlocking, or adhering to the first vertebra (see fig 4 below line is looped around the vertebra and paragraph 58, can be a bone hook or glue or nail and is disclosed as tying around the vertebra).
With respect to claim 34, Molz discloses wherein the second anchor comprises at least one of a loop or a wire, comprising a portion of the line, wherein the second anchor is configured for fastening, tying, mating, interlocking, or adhering to the second vertebra (see fig 4 below line is looped around the vertebra and paragraph 58, can be a bone hook or glue or nail and is disclosed as tying around the vertebra).
With respect to claim 32, Molz discloses device comprising: a flexible, non-rigid line (paragraph 20, fig 4, 100), wherein the flexible, non-rigid line is flexible under physiological loads (paragraph 20), comprising a first end and a second end, wherein the first end of the line comprises a first anchor (see fig 4 below line is looped around the vertebra and paragraph 58, can be a bone hook or glue or nail)and is configured to loop around or pass through a first vertebra (fig 4, 102), and a second anchor (see fig 4 below line is looped around the vertebra and paragraph 58, can be a bone hook or glue or nail), wherein the second anchor is configured for coupling at about the second end of the line, and is configured for coupling to a second vertebra (fig 4, 106), wherein the second vertebra is separated from the first vertebra by at least a third vertebra (fig 4, 104).
With respect to claim 35, Molz discloses, wherein the first anchor comprises at least one of a loop or a wire, comprising a portion of the line, wherein the first anchor is configured for fastening, tying, mating, interlocking, or adhering to the first vertebra (see fig 4 below line is looped around the vertebra and paragraph 58, can be a bone hook or glue or nail and is disclosed as tying around the vertebra).
With respect to claim 36, Molz discloses wherein the second anchor comprises at least one of a loop or a wire, comprising a portion of the line, wherein the second anchor is configured for fastening, tying, mating, interlocking, or adhering to the second vertebra (see fig 4 below line is looped around the vertebra and paragraph 58, can be a bone hook or glue or nail and is disclosed as tying around the vertebra).
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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) 12-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Molz et al. (US Pub 2005/0192581) in view of Magana (US Patent 6,645,211).
With respect to claim 12, Molz discloses tensioning the tether (paragraph 45) but does not disclose further comprising a tensioner coupled to the line, wherein the tensioner is configured to modify at least one of a position, a displacement, or a length of the line, and wherein at least one of the first anchor or the second anchor hosts the tensioner.
Magana discloses further comprising a tensioner (col. 2, ll. 20) coupled to the line (fig 3, 208), wherein the tensioner is configured to modify at least one of a position, a displacement, or a length of the line (tensioning the line while tying), and wherein at least one of the first anchor or the second anchor hosts the tensioner (tensioner is disclosed used at the tying portion of the line which is the anchor used above in the rejection) to provide the desired tension (col. 2, ll. 20).
With respect to claim 13, Magana discloses wherein the tensioner at least one of includes at least one of a pulley, a winch, a spring, a memory metal, a deforming metal, a mechanical movement, a gear, a ratchet, or a motor, is manually activated, is automatically activated, or is activated via at least one of a magnetic force, an electrical force, a chemical force, or a mechanical force (col. 2, ll. 18-24, movement while tying).
With respect to claim 14, Magana discloses wherein the flexible, non-rigid line is configured to be at least one of within a body of a patient, (used when tying in the body) wherein the tensioner is activated internal to the body (tied and tensioned in the body (col. 2, ll. 18-22), within a body of a patient, wherein the tensioner is activated external to the body, within a body of a patient, wherein the tensioner is positioned internal to the body, or within a body of a patient, wherein the tensioner is positioned external to the body.
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 device of Molz to include further comprising a tensioner coupled to the line, wherein the tensioner is configured to modify at least one of a position, a displacement, or a length of the line, and wherein at least one of the first anchor or the second anchor hosts the tensioner in view of Magana in order to provide the desired tension.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 3, 4, 9, 11-14 and 31-36 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN J COTRONEO whose telephone number is (571)270-7388. The examiner can normally be reached Monday-Friday 9am-5pm EST.
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/S.J.C/Examiner, Art Unit 3773
/NICHOLAS J PLIONIS/Primary Examiner, Art Unit 3773
