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 .
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.
Response to Amendment
The amendment filed 02/13/2026 has been entered. Claims 1-15 remain pending in the
application.
Response to Arguments
Applicant's arguments filed 02/13/2026 have been fully considered but they are not persuasive.
Regarding Applicant’s assertion that Donohoe no longer reads on claim 1 due to the amendment, the Examiner respectfully disagrees. The Examiner here forth cites paragraphs [0102] and [0103] illustrating in which the circular opening of the hollow area of first lead screw 135 that allows the insertion instrument to be inserted can be interpreted as the “collar,” and the circular threads surrounding the first lead screw that drive the movement of the wedges 131 and 132 are friction rings. Both of the cited components from the prior art are circular, and the threads of the lead screw are round, therefore resembling a ring, and work with friction to move the wedges of the device. The limitation “collar” is being given its broadest reasonable interpretation, being interpreted to mean “something resembling a collar in shape” (see Merriam Webster Online definition 2). The limitation “ring” is being given its broadest reasonable interpretation, being interpreted to mean “a circular line, figure, or object” (see Merriam Webster Online definition 3a).
Regarding Applicant’s assertion that Hansen no longer reads on claim 1 due to the amendment, the Examiner respectfully disagrees. The Examiner here forth cites [0041] and [0042] to point out that the circular shank portion 114B can be interpreted as the “collar,” and the circular threads under the shank portion that comprise of the head portion 114A that drive the movement of the components 102/128 can be interpreted as “friction rings”. Both of the cited components from the prior art are circular, and the threads of the shank portion are round, therefore resembling a ring, and work with friction to move the components of the device (see paragraphs [0041] and [0044]). The shank portion 114B is above the “head portion 114A” (see Figures 4-6). The limitation “collar” is being given its broadest reasonable interpretation, being interpreted to mean “something resembling a collar in shape” (see Merriam Webster Online definition 2). The limitation “ring” is being given its broadest reasonable interpretation, being interpreted to mean “a circular line, figure, or object” (see Merriam Webster Online definition 3a).
Regarding Applicant’s assertion that Miller no longer reads on claim 9 due to the amendment, the Examiner respectfully disagrees. The Examiner here forth cites paragraphs [0093] and [0094] and Figure 17 of Miller, in which the unthreaded circular top portion 246 is the “collar,” (see also component 246 in Figure 17) and the circular threads on the drive screw 240 that drive the movement of the component 250 are friction rings, see also Figure 17 illustrating that the top portion 246 (collar) is “above” the threads of component 240). Both of the cited components from the prior art are circular, and the threads of the drive screw are round, therefore resembling a ring, and work with friction to move component 250 of the device (see paragraphs [0093] and [0094]). The limitation “collar” is being given its broadest reasonable interpretation, being interpreted to mean “something resembling a collar in shape” (see Merriam Webster Online definition 2). The limitation “ring” is being given its broadest reasonable interpretation, being interpreted to mean “a circular line, figure, or object” (see Merriam Webster Online definition 3a).
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 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20220313450 A1 (hereafter --Donohoe--).
Regarding Claim 1, Donohoe discloses an expandable implant (100) (see annotated Figure 1 below) comprising: a main body (120); a moveable endplate (110) pivotably connected to the main body (see paragraph [0105]), the endplate defining a pair of ramps (111, 112) (see paragraph [0095]); an actuator assembly (130, 135, 136) including an actuator (130) and two actuator pivots (131, 132), each actuator pivot having a ring received on the actuator (see paragraph [0096], the ring being the aperture in which the screws 135 and 136 are received into the wedges to connect to the actuator 130) and a foot with a sliding surface (133, 134) configured to mate with respective ramps on the endplate (see paragraphs [0098] and [0099]); and a drive assembly configured to move the actuator assembly (135, 136) (see paragraphs [0096], [0098], and [0099] denoting that the wedges of actuator assembly can move along screws), wherein movement of the drive assembly translates the actuator assembly to expand the endplate away from the main body (see paragraph [0099] denoting as the screw 135 is rotated, the actuator assembly piece 131 moves the endplate 110 away from the main body 120), wherein the drive assembly includes a collar and a friction ring seated beneath the collar (see paragraphs [0102] and [0103], in which the circular opening of the hollow area of first lead screw 135 that allows the insertion instrument to be inserted is the “collar,” and the circular threads surrounding the first lead screw that drive the movement of the wedges 131 and 132 are friction rings). The limitation “collar” is being given it’s broadest reasonable interpretation, being interpreted to mean “something resembling a collar in shape” (see Merriam Webster Online definition 2). The limitation “ring” is being given its broadest reasonable interpretation, being interpreted to mean “a circular line, figure, or object” (see Merriam Webster Online definition 3a).
PNG
media_image1.png
477
958
media_image1.png
Greyscale
Regarding Claim 2, Donohoe discloses the expandable implant of claim 1, wherein the endplate is pivotably connected to the main body with a hinge pin (140) (see paragraph [0105]).
Regarding Claim 3, Donohoe discloses the expandable implant of claim 1, wherein when expanded, the endplate is angled relative to the main body (see paragraphs [0099], [0101], and [0105]).
Regarding Claim 4, Donohoe discloses the expandable implant of claim 1, wherein the main body includes a front nose, an opposite rear wall, and a pair of sidewalls connecting the front nose to the rear wall defining a central cavity (see annotated rear wall, sidewalls, front nose, and cavity in Figure 1 above).
Claims 1 and 4-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20230172724 A1 (hereafter --Hansen--).
Regarding Claim 1, Hansen discloses an expandable implant (100) comprising: a main body (102); a moveable endplate (104), pivotably connected to the main body, the endplate defining a pair of ramps (124A, 124B) (see paragraph [0040], see also annotated ramps in Figure 8 below)); an actuator assembly (122, 116) including an actuator (122A) and two actuator pivots (116), each actuator pivot having a ring received on the actuator (see paragraph [0042] describing the portion of the pivots (116), 118A and 118B are received into actuator slots 122A and 122B) and a foot with a sliding surface (120A, 120B) configured to mate with respective ramps on the endplate (see paragraph [0040]); and a drive assembly (114) configured to move the actuator assembly (see paragraph [0044]), wherein movement of the drive assembly translates the actuator assembly to expand the endplate away from the main body (see paragraphs [0043] and [0044], see also Figure 8 below in which the endplate is expanded away from the main body), wherein the drive assembly includes a collar and a friction ring seated beneath the collar (see paragraphs [0041] and [0042] in which the circular shank portion 114B is the “collar,” and the circular threads under the shank portion that comprise of the head portion 114A that drive the movement of the components 102/128 are friction rings, see also Figures 4-6 illustrating that the shank portion 114B is above the head portion 114A). The limitation “collar” is being given its broadest reasonable interpretation, being interpreted to mean “something resembling a collar in shape” (see Merriam Webster Online definition 2). The limitation “ring” is being given its broadest reasonable interpretation, being interpreted to mean “a circular line, figure, or object” (see Merriam Webster Online definition 3a).
PNG
media_image2.png
450
974
media_image2.png
Greyscale
Regarding Claim 4, Hansen discloses the expandable implant of claim 1, wherein the main body includes a front nose, an opposite rear wall, and a pair of sidewalls connecting the front nose to the rear wall defining a central cavity (see annotated rear wall, sidewalls, front nose, and cavity in Figure 8 above).
Regarding Claim 5, Hansen discloses the expandable implant of claim 4, wherein the rear wall of the main body defines a first bore (112A) configured to receive a portion of the drive assembly and a second bore (112B) in fluid communication with the central cavity (see annotated first and second bores, main body, and cavity in Figure 8 above).
Regarding Claim 6, Hansen discloses the expandable implant of claim 1, wherein the drive assembly includes a drive screw (114), a lock ring (126), and a retaining ring (apertures that receive in 127, see Fig. 4) aligned along a longitudinal axis (see paragraph [0041]).
Regarding Claim 7, Hansen discloses the expandable implant of claim 6, wherein the actuator assembly is aligned along an axis perpendicular to the longitudinal axis of the drive assembly (see annotated axes in Figure 6 below).
Regarding Claim 8, Hansen discloses the expandable implant of claim 6, wherein the drive screw includes a threaded shaft, a distal tip with a reduced diameter, and an enlarged head with a drive recess (see annotated threaded shaft, enlarged head, drive recess, and distal tip in Figure 6 below, see also paragraph [0041]).
PNG
media_image3.png
421
713
media_image3.png
Greyscale
Claims 9-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20190254838 A1 (hereafter --Miller--).
Regarding Claim 9, Miller discloses an expandable implant comprising: a main body having a front nose, an opposite rear wall, and a pair of sidewalls connecting the front nose to the rear wall defining a central cavity (see annotated rear wall, sidewalls, front nose, and central cavity in Figure 17 below); a moveable endplate (210) pivotably connected to the main body (see paragraph [0092]), the endplate having an outer surface with a plurality of teeth configured to engage bone (see annotated outer surface and teeth in Figure 17 below) and an inner surface defining a pair of ramps (see annotated ramps in Figure 15 below, see also paragraph [0094]); an actuator assembly including an actuator (250) having a cylindrical body (see paragraph [0094]) and two actuator pivots (255a), each actuator pivot having a ring received on the cylindrical body of the actuator (the ring being the round surface of 255a that is connected to the actuator 250) and a foot (the foot being the outside surface of the protrusion of 255a that slides down the ramps 216c) configured to mate with one of the ramps on the endplate (see paragraph [0094] denoting that outside surface of pivots 255a engage the ramps 216c of the endplate); and a drive assembly (240, 229, 224) including a drive screw (240), a lock ring (229) (see paragraph [0095]), and a retaining ring (224b) (see paragraph [0096]) aligned along a longitudinal axis (see annotated driving assembly and axis in Figure 14 below), wherein the drive screw (240) is threadedly engaged with the actuator (see Figure 17 below, see also paragraphs [0010] and [0094]), and wherein rotation of the drive screw pulls the actuator (see paragraph [0094] describing that rotation of component 240 pulls the actuator 250 towards the second end 24 of implant 20), thereby causing the two actuator pivots (255a) to slide along the ramps (216c) of the endplate to expand the endplate away from the main body (see paragraph [0093], see also paragraph [0094]), wherein the drive assembly includes a collar and a friction ring seated beneath the collar (see paragraphs [0093] and [0094] in which the unthreaded circular top portion 246 is the “collar,” (see also component 246 in Figure 17) and the circular threads on the drive screw 240 that drive the movement of the component 250 are friction rings, see also Figure 17 illustrating that the top portion 246 (collar) is “above” the threads of component 240). The limitation “collar” is being given its broadest reasonable interpretation, being interpreted to mean “something resembling a collar in shape” (see Merriam Webster Online definition 2). The limitation “ring” is being given its broadest reasonable interpretation, being interpreted to mean “a circular line, figure, or object” (see Merriam Webster Online definition 3a).
PNG
media_image4.png
460
967
media_image4.png
Greyscale
PNG
media_image5.png
261
571
media_image5.png
Greyscale
Regarding Claim 10, Miller discloses the expandable implant of claim 9, wherein each actuator pivot has a smooth inner surface (see annotated smooth inner surface in Figure 17 above).
The limitation “to allow each actuator pivot to rotate on the cylindrical body of the actuator” is treated as functional language, that is given limited patentable weight. The prior art is not required to disclose this function, but merely have the capability of performing the recited function. Due to the actuator pivots being fixed to the actuator, the part of the limitation “on the cylindrical body of the actuator” is a given. Regarding the actuator pivot rotating, since the movement of the actuator pivot and the endplate and main body closing and opening provides a curved motion for the actuator pivot relative to the hinge pin 230, as movement around a hinge/hinge pin is always curved, the actuator pivot can be considered to be capable of rotation, the definition of rotation being “to turn about an axis or a center” (see Merriam Webster definition 2), the center being the hinge pin (see hinge pin 230 in Figure 17 above).
Regarding Claim 11, Miller discloses the expandable implant of claim 9, wherein the two actuator pivots are fitted to each end of the cylindrical body of the actuator (see annotated actuator and pivots in Figure 17 above).
Regarding Claim 12, Miller discloses the expandable implant of claim 9, wherein each foot defines a smooth sliding surface and the ramps define a corresponding smooth sliding surface such that the foot is configured to slide against the ramp to expand the endplate (see paragraph [0094]).
Regarding Claim 13, Miller discloses the expandable implant of claim 9, wherein the foot is a male projection extending from one side of the ring, and the ramp of the endplate is female recess configured to receive the male projection of the foot (see annotated ramp and actuator pivots in Figure 17 above, the foot being the surface in which the pivot contacts with ramp).
Regarding Claim 14, Miller discloses the expandable implant of claim 13, wherein the foot defines an arched surface at one end, and the arched surface is receivable in a corresponding curved recess at an inner end of the female recess of the endplate (see annotated inner end of endplate and arched surface of pivot foot in Figure 17).
Regarding Claim 15, Miller discloses the expandable implant of claim 9, wherein the actuator has an enlarged cylindrical band defining a bore therethrough, wherein the bore (opening in 250 that receives in 240) is internally threaded to interface with a threaded shaft of the drive screw (see annotated actuator and drive screw in Figure 17 above, see also paragraph [0094] denoting the threaded connected between 240 and 250).
Conclusion
Applicant's amendment necessitated the new grounds 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 PARIS MARIE BLASS whose telephone number is (703)756-5375. The examiner can normally be reached Monday - Thursday 9 a.m. - 7 p.m. ET.
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, Melanie Tyson can be reached at 571-272-9062. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/PARIS MARIE BLASS/Examiner, Art Unit 3774
/SARAH W ALEMAN/Primary Examiner, Art Unit 3774
Prosecution Insights