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 § 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, 11-14 and 31-36 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Logan (US Pub 2007/0288011).
With respect to claim 1, Logan discloses a device (see figs 1 and 7 below) comprising: a first anchor (fig 7, 90); a second anchor (fig 7, 70); a line (fig 1, 36) couplable to (i) the first anchor, (ii) a first vertebra (fig 1, LP1) of the spine using the first anchor, and (iii) a second vertebra (fig 1, LP3) of the spine using the second anchor, wherein the line is flexible under physiological loads (paragraph 66), wherein the first anchor is configured to at least one of loop around or pass through the first vertebra (fig 1, passes through the bone), and the second anchor is configured to at least one of loop around or pass through the second vertebra (fig 1, passes through the bone); wherein the line spans posteriorly to the spine between the first anchor and the second anchor (fig 1 shows the anchors in the posterior spine) and wherein the first and second vertebrae are separated from each other by at least one intermediate vertebra (LP2). With respect to claim 3, Logan discloses wherein at least one of the first anchor or the second anchor includes at least one of a bone fixation device, a hook, a screw, a wire, an anchor, a dart, or a loop (fig 7, screw). With respect to claim 4, Logan discloses wherein the line is a tether (paragraph 36). With respect to claim 9, Logan discloses wherein at least one of the first vertebra or the second vertebra is undergoing or has undergone a spinal fusion (abstract).
With respect to claim 11, Logan discloses a device (Fig 1 and 7 below) comprising: a flexible, non-rigid line (fig 7, 36, paragraph 66, tether) spanning between a first anchor (fig 7, 90) configured for coupling to a first vertebra (LP1) of a spine, and a second anchor (fig 7, 70) configured for coupling to a second vertebra (LP3) of the spine, wherein the first anchor is configured to at least one of loop around or pass through the first vertebra (screw into the bone), and the second anchor is configured to loop around or pass through the second vertebra (screw into the bone), wherein the flexible, non-rigid line is flexible under physiological loads (paragraph 66), and spans posteriorly to the spine between the first anchor and the second anchor (fig 1), and wherein the first vertebra and the second vertebra are separated by at least one intermediate vertebra (fig 1, LP2). With respect to claim 12, Logan discloses further comprising a tensioner (paragraph 65 and fig 7, 48) 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 (48 adjusts the length and position), and wherein at least one of the first anchor or the second anchor hosts the tensioner (paragraph 65). With respect to claim 13, Logan 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 (paragraph 65, mechanical movement and force causes the tension). With respect to claim 14, Logan discloses wherein the flexible, non-rigid line configured to be at least one of within a body of a patient (fig 1), wherein the tensioner is activated internal to the body, 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 (paragraph 65 activated internally or before implantation).
With respect to claim 31, Logan discloses a device comprising: a flexible, non-rigid line (fig 7, 36), wherein the flexible, non-rigid line is flexible under physiological loads (paragraph 66), comprising a first end (fig 7 bottom) and a second end (fig 7, top), wherein the first end of the line comprises a first anchor (fig 7, 90) and is configured to loop around or pass through a first vertebra (fig 1, screwed into the bone) and wherein the second end of the line comprises a second anchor (fig 1, 70) and is configured to loop around or pass through a second vertebra (screwed into the bone), wherein the second vertebra (LP1) is separated from the first vertebra (LP3) by at least a third vertebra (LP2). With respect to claim 33, Logan discloses wherein the first anchor comprises at least one of a loop, a wire, or a bone fixation device, comprising a portion of the line, wherein the first anchor is configured for fastening, tying, mating, interlocking, or adhering to the first vertebra (bone fixation device fastened to the bone fig 1 and 7). With respect to claim 34, Logan discloses, wherein the second anchor comprises at least one of a loop, a wire, or a bone fixation device, comprising a portion of the line, wherein the second anchor is configured for fastening, tying, mating, interlocking, or adhering to the second vertebra (bone fixation device fastened to the bone fig 1 and 7).
With respect to claim 32, Logan discloses device comprising: a flexible, non-rigid line (Fig 7, 36), wherein the flexible, non-rigid line is flexible under physiological loads (paragraph 66), comprising a first end (top) and a second end (bottom), wherein the first end of the line comprises a first anchor (Fig 1, 90) and is configured to loop around or pass through a first vertebra (LP1), and a second anchor (Fig 7, 70), 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 (LP3), wherein the second vertebra is separated from the first vertebra by at least a third vertebra (fig 1, LP2). With respect to claim 35, Logan discloses wherein the first anchor comprises at least one of a loop, a wire, or a bone fixation device, comprising a portion of the line, wherein the first anchor is configured for fastening, tying, mating, interlocking, or adhering to the first vertebra (bone fixation device fastened to the bone fig 1 and 7). With respect to claim 36, Logan discloses, wherein the second anchor comprises at least one of a loop, a wire, or a bone fixation device, comprising a portion of the line, wherein the second anchor is configured for fastening, tying, mating, interlocking, or adhering to the second vertebra (bone fixation device fastened to the bone fig 1 and 7).
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Response to Arguments
Applicant’s arguments, see remarks, filed 3/4/2026, with respect to the U.S.C. 112 rejection of claims 10 and 15 have been fully considered and are persuasive because the claims were cancelled. The U.S.C. 112 rejection of claims 10 and 15 has been withdrawn.
Applicant’s arguments, with respect to the U.S.C. 101 rejection of claim 14 have been fully considered and are persuasive due to the amendment to the claim. The U.S.C. 101 rejection of claim 14 has been withdrawn.
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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20140094854 A1 and US 20080140123 A1 disclose a flexible line connected to two vertebrae by anchors that are separated by an intermediate vertebra.
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 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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eduardo Robert can be reached 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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/S.J.C/ Examiner, Art Unit 3773 /EDUARDO C ROBERT/ Supervisory Patent Examiner, Art Unit 3773
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