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 .
Election/Restrictions
Applicant’s election without traverse of Species A (Figs. 1-2) in the reply filed on July 31, 2026 is acknowledged.
Claims 6-16, 18, 21-23, and 28 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on July 31, 2026.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Objections
Claim 1 is objected to because of the following informalities: “vertebra” (singular) should be “vertebrae” (plural) as it appears that the claim is referring to two vertebrae (line 1 and line 4). Appropriate correction is required.
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 3-5 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 3 recites the limitation "the compressor" in line 2. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, the Examiner is interpreting “the compressor” as “the compression tool.” Claims 4 and 5 are rejected because they depend from claim 3.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-5 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Hayes (US 2020/0405359 A1).
Claim 1. Hayes discloses a compression assembly for positioning spinal vertebra to which are attached anchors (fasteners 200 and 202) on which is mounted a lockable primary rod (rod 14) movable relative to the anchors; the assembly comprising a compression tool (instrument 12) capable of inducing a compressive force to said anchors to enable said positioning of said vertebra; the compression tool having first and second arms (arm 20; and arm 120) each having a distal working end (capture element 60; and capture element 160) which in use, a first of said arms engages the rod; characterised in that each said first and second distal working ends of the tool, each have a formation (body 62 having extensions 62a and 62b that define opening 66; and body 162 having extensions 162a and 162b that define opening 166) which co-operates with the rod; the formation on the second arm by co-operation with an anchorage (tulip of fastener 202) associated with or on the primary rod enabling a concurrent rotation of the rod and translation of a vertebra to which the rod is connected via the vertebral anchors during compression applied to said anchors by the compression tool prior to locking of the rod by the vertebral anchors when vertebrae are in a selected position (see para. 0061) (Figs. 1-10; paras. 0019-0064).
Claim 2. Hayes discloses wherein, the formation (body 162 having extensions 162a and 162b that define opening 166) on the second of said arms (arm 120) which enables the vertebral translation is configured to maintain the engagement with the anchorage (tulip of fastener 202) on the primary rod (rod 14) during said concurrent compression and translation of the vertebrae (see para. 0061) (Figs. 1-10; paras. 0019-0064).
Claim 3. Hayes discloses wherein, the formation (body 62 having extensions 62a and 62b that define opening 66) on the first arm (arm 20) of the compressor (instrument 12) comprises a two pronged fork (extensions 62a and 62b are the prongs) defining a recess (opening 66) which locates over and receives the primary rod (rod 14) (Figs. 1-10; paras. 0019-0064).
Claim 4. Hayes discloses wherein, the formation (body 62 having extensions 62a and 62b that define opening 66) on the first arm (arm 20) is configured to co operate with the rod (rod 14) by accommodating downward pressure on the rod transmitted to the rod via the first arm (pressure transmitted via upper surface of opening 66 located between extensions 62a and 62b) (Figs. 1-10; paras. 0019-0064).
Claim 5. Hayes discloses wherein, the formation (body 62 having extensions 62a and 62b that define opening 66) on the first arm (arm 20) permits relative movement between the formation and the rod (rod 14) (see para. 0061) (Figs. 1-10; paras. 0019-0064).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JULIANNA N HARVEY whose telephone number is (571)270-3815. The examiner can normally be reached Mon.-Fri. 8:00am-5:00pm EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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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/JULIANNA N HARVEY/Primary Examiner, Art Unit 3773
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