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 Objections
Claim 1 is objected to because of the following informalities:
Claim 1 recites “by which form-fitting portions the disc elements in the different stack arrangements interlockingly fastenable to one another in a radial direction and/or a circumferential direction”. Should be changed to read “by which form-fitting portions the disc elements in the different stack arrangements are interlockingly fastenable to one another in a radial direction and/or a circumferential direction”.
Appropriate correction is required.
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 1-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Siebels (EP0517030, as evidenced by google patents translation, reference U in the PTO-892).
Regarding claim 1, Siebels discloses a bone implant system comprising:
a plurality of disc elements (Page 2, line 60, Page 3, line 1; “implant 10 is composed of three thicker discs 11, one thin disc 12, and two end discs 13 and 14”) with different external diameters (Page 2, line 10), wherein the disc elements axially stackable one on top of another in different combinations in order to form different stack arrangements (Page 2, line 11; “a stock of an assortment of disks of different heights and diameters is kept”), the different stack arrangements having different outer contours on account of the different external diameters of the disc elements (Page 2, line 56, “different diameters… each set of one diameter being equipped with discs of different heights”), and wherein the disc elements each have a form-fitting portion arranged on an upper face and a complementary form-fitting portion arranged on a lower face that is axially opposite the upper face (Page 2, line 20, “molded-in anchoring means, e.g. tongue and groove, pin and hole”, see Fig. 1), by which form-fitting portions the disc elements in the different stack arrangements interlockingly fastenable to one another in a radial direction and/or a circumferential direction (Page 2, line 19; “the disks are connected to each one another both radially and in a rotationally secure manner”).
Regarding claim 2, Siebels discloses the bone implant system according to claim 1, wherein the disc elements are each ring-shaped and have an internal diameter (Page 3, lines 1 and 12; “ring discs” and “round annular disks with an inner bore 15”).
Regarding claim 3, Siebels discloses the bone implant system according to claim 1, wherein the disc elements each have at least one spacer portion protruding in an axial direction from the upper face or the lower face (pins 17, as described on Page 3, lines 1-2; “anchoring pins 17 are inserted into these bores 16… the pins 17 are each with their one end 18 connected to a disc 11, 13, while the other end 19 protrude into the bore of a next disc 11”), as a result of which the disc elements are able to be stackable one on top of another in the different stack arrangements while forming axial gaps (Page 3, lines 1-3; the discs are stackable and at least capable of forming axial gaps).
Regarding claim 4, Siebel discloses the bone implant system according to claim 1, wherein the disc elements each have at least one receiving recess (bore 15, Page 3, line 33) which is sunk into the upper face or the lower face and which is provided for receiving a connecting compound (cement or material 53; Page 3, line 33).
Regarding claim 5, Siebel discloses the bone implant system according to claim 1, wherein the form-fitting portions each have at least one axially protruding connection pin (pins 17, as described on Page 3, lines 1-2; “anchoring pins 17 are inserted into these bores 16… the pins 17 are each with their one end 18 connected to a disc 11, 13, while the other end 19 protrude into the bore of a next disc 11”), wherein the complementary form-fitting portions each have at least one receiving bore introduced in the axial direction, or vice versa (bores 16, Page, lines 1-2; see Fig. 2).
Regarding claim 6, Siebel discloses the bone implant system according to claim 5, wherein the disc elements each have a plurality of connection pins and/or receiving bores arranged offset in the circumferential direction (bores 16 are offset in the circumferential direction as shown in Fig. 2), the connection pins and/or the receiving bores of the disc elements forming an identical bore pattern (Page 3, line 1; “bores 16 regularly distributed over the annular disk”).
Regarding claim 7, Siebel discloses the bone implant system according to claim 1, wherein the disc elements comprise at least three disc elements (Page 2, line 60, Page 3, line 1; “implant 10 is composed of three thicker discs 11, one thin disc 12, and two end discs 13 and 14”).
Regarding claim 8, Siebel discloses a bone implant having comprising a plurality of disc elements (Page 2, line 60, Page 3, line 1; “implant 10 is composed of three thicker discs 11, one thin disc 12, and two end discs 13 and 14”) stacked one on top of another in an axial direction with different external diameters (Page 2, line 10; see Fig. 1), the disc elements stacked one on top of another being interlockingly fastened to one another in a radial direction and a circumferential direction by form-fitting portions arranged on an upper face of the disc elements and complementary form-fitting portions arranged on a lower face of the disc elements (Page 3, lines 1-2; “anchoring pins 17 are inserted into these bores 16… the pins 17 are each with their one end 18 connected to a disc 11, 13, while the other end 19 protrude into the bore of a next disc 11”; Page 2, line 19; “the disks are connected to each one another both radially and in a rotationally secure manner”).
Regarding claim 9, Siebel discloses a method for producing a bone implant using a bone implant system according to claim 1, comprising the steps of:
a) recording an inner contour of a bone defect (inner contour of a bone defect is interpreted as the inner contour of the bone that engages with the disks, where the dimensions for the space for the vertebral body replacement is to be implanted positioned is measured, Page 2, line 50);
b) determining an outer contour of the bone implant, required to fill the bone defect, in accordance with the recorded inner contour (outer contour of a bone defect is interpreted as the outer contour of the bone that engages with the disks, where the dimensions for the space for the vertebral body replacement is to be implanted positioned is measured, Page 2, line 50);
c) selecting, stacking and mutually fastening a plurality of different disc elements of the bone implant system (Page 2, lines 11-12; Page 2, lines 51-53; Page 2, line 19; “the disks are connected to each one another both radially and in a rotationally secure manner”). ), the plurality of disc elements being selected and/or stacked in accordance with the recorded outer contour (Page 2, line 15; “With the help of a computer, the heights of the disks to be combined can be determined”; the stacking is done based on the dimensions defined by the inner and outer contour, Page 2, line 50).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MIKAIL A MANNAN whose telephone number is (571)270-1879. The examiner can normally be reached M-F 10-6.
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/M.A.M/Examiner, Art Unit 3774
/THOMAS C BARRETT/SPE, Art Unit 3799
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