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
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.
(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.
Claim(s) 28-30 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Errico et al. (U.S. Patent 5,586,984, hereinafter “Errico”).
Errico discloses, regarding claim 28, a coupling device (see Fig. 10) for coupling a rod (250) to a bone anchoring element (120), the coupling device comprising: a receiving part (400) having a first end (e.g. end near 401 and 403, see Fig. 9), a second end (e.g. end near 408, see Fig. 9) below the first end (see Fig. 9), and a central axis extending between the first and second ends (e.g. central axis between 401/403 and 408), and comprising a head receiving portion (402) defining at least part of an accommodation space (416) for receiving a head (122) of the bone anchoring element (120, see Fig. 10), and a rod receiving portion (404) defining at least part of a recess (422) for receiving the rod (see Figs. 9-10); and a ring (430) that extends at least partially around and that is movable relative to the receiving part (see Fig. 10), wherein when the head is spaced apart from the accommodation space (e.g. when ring 430 is positioned at the top of thread 460 prior to reducing 416 about the head 122), the ring is configured to engage at least one upwardly facing abutting surface whose radial distance from the central axis remains fixed to prevent the ring from separating from the receiving part at every accessible rotational orientation between the ring and the receiving part (see lines 34-46 of column 12, “upper slide prevention means, for example a thickened thread (not shown) so that the ring 430 cannot move upward, thereby preventing separation of the locking ring 430 during handling prior to use. In the alternative, a dowl or protuberance may be provided to serve the equivalent function”, note that the portion of threads 460 above 420 will remain at a fixed radial distance).
Regarding claim 29, wherein the ring is movable axially relative to the receiving part to restrict removal of an inserted head from the accommodation space (see lines 34-38 of column 12 “ring 430 may be rotated so that it translates downward”).
Regarding claim 30, wherein the ring is rotatable around the receiving part to restrict removal of an inserted head from the accommodation space (see lines 34-38 of column 12 “ring 430 may be rotated so that it translates downward”).
Claim(s) 28, 31-33, 35 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Biedermann et al. (U.S. Pub. No. 2013/0123860 A1, hereinafter “Biedermann”).
Biedermann discloses, regarding claim 28, a coupling device (see Figs. 41a-c) for coupling a rod (7) to a bone anchoring element (1), the coupling device comprising: a receiving part (5” and 8”) having a first end (8a), a second end (5b) below the first end (see Fig. 41a), and a central axis extending between the first and second ends (C, see Fig. 41a), and comprising a head receiving portion (e.g. portion of 5” that receives the head 3) defining at least part of an accommodation space for receiving a head (3) of the bone anchoring element (see Fig. 41c), and a rod receiving portion (e.g. portion of 8” that receives the rod 7) defining at least part of a recess (82’) for receiving the rod (see Fig. 41c); and a ring (5f) that extends at least partially around and that is movable relative to the receiving part (see Fig. 41C, note that the ring extends around the inside of 8” and around the outside of 5”), wherein when the head is spaced apart from the accommodation space (e.g. prior to insertion of 3), the ring is configured to engage at least one upwardly facing abutting surface (e.g. upper surfaces of 8r and 5n) whose radial distance from the central axis remains fixed to prevent the ring from separating from the receiving part at every accessible rotational orientation between the ring and the receiving part (see paras. [0093]-[0094] and [0100]-[0101], note that rotation of the ring within the grooves does not enable separation of the ring from the grooves).
Regarding claim 31, wherein the receiving part is formed by two separate parts (5” and 8”), with each of the two separate parts defining part of the recess for receiving the rod (see Fig. 41c, note that 5a forms the bottom part of the recess).
Biedermann discloses, regarding claim 32, a coupling device (see Figs. 41a-c) for coupling a rod (7) to a bone anchoring element (1), the coupling device comprising: a first part (8”) and a separate second part (5”) together forming a receiving part (see Figs. 41c) having a first end (8a) and a second end (5b) below the first end (see Fig. 41a), a head receiving portion (e.g. portion of 5” that receives the head 3) defining an accommodation space for receiving a head of the bone anchoring element (see Fig. 41c), and a rod receiving portion (e.g. portion of 8” that receives the rod 7) defining a recess (82’) for receiving the rod (see Fig. 41c), wherein each of the first and second parts defines part of the recess for receiving the rod (see Fig. 41c, note that 5a forms the bottom part of the recess); wherein the first and second parts are interlocked with one another and prevented from separating from one another (via 5f, see paras. [0100]-[0101]).
Regarding claim 33, wherein a ring is configured to hold the first and second parts to one another in an interlocking and unseparable manner (see paras. [0100]-[0101]).
Regarding claim 35, wherein the ring is rotatable relative to the first and second parts (see para. [0094], note that ring sits in grooves and therefore is capable of rotating relative to the parts within the grooves).
Claim Rejections - 35 USC § 103
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 32-34 is/are rejected under 35 U.S.C. 103 as being unpatentable over Muller (U.S. Pub. No. 2006/0200128 A1, hereinafter “Mueller”) in view of Roth et al. (U.S. Pub. No. 2019/0262044 A1, hereinafter “Roth”).
Mueller discloses, regarding claim 32, a coupling device (10, see Fig. 19) for coupling a rod (200) to a bone anchoring element (500), the coupling device comprising: a first part (400) and a separate second part (450) together forming a receiving part (see Fig. 30) having a first end (see annotated Fig. 25A below) and a second end (see annotated Fig. 23 below) below the first end (see annotated Fig. 25A below), a head receiving portion (see annotated Fig. 25A below) defining an accommodation space (see annotated Fig. 25A below) for receiving a head (503A) of the bone anchoring element (see Fig. 25B), and a rod receiving portion (see annotated Fig. 25A below) defining a recess (105) for receiving the rod (see Fig. 19), wherein each of the first and second parts defines part of the recess for receiving the rod (see Fig. 23, note 464 and 406 form bottom of channel).
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Regarding claim 33, wherein a ring (e.g. lip 444, note that while lip 444 is not continuous the portions around 441 form a ring, since they are a group of things in a circular shape or arrangement see definition of ring https://dictionary.cambridge.org/us/.dictionary/english/ring).
Regarding claim 34, wherein the ring is formed monolithically with one of the first or second parts (see Fig. 26).
Mueller fails to explicitly disclose, regarding claim 32, wherein the first and second parts are interlocked with one another and prevented from separating from one another; and regarding claim 33, wherein the ring is configured to hold the first and second parts to one another in an interlocking and unseparable manner.
Roth discloses a coupling device (2, see Fig. 1) for coupling a rod (3) to a bone anchoring element (10), the coupling device comprising: a first part (4) and a separate second part (20) together forming a receiving part (see Fig. 2) having a first end (see annotated Fig. 3 below) and a second end (see annotated Fig. 3 below) below the first end (see annotated Fig. 3 below), wherein the first part has locking feature (46) and the second part has a laterally extending locking feature (48) that corresponds to the locking feature in order to mate with the locking feature and prevent displacement of the of the first and second parts (see para. [0033]).
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It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the second part of Mueller to include a laterally extending locking feature that corresponds to the ring in Mueller in view of Roth in order to provide the second part with a locking feature that mates with the ring to prevent displacement of the first and second parts.
Allowable Subject Matter
Claim(s) 1, 3-4, 6, 18, 21-27 is/are allowed.
The following is a statement of reasons for the indication of allowable subject matter: The claims in the instant application have not been rejected using prior art because no references, or reasonable combination thereof could be found which disclose, or suggest: a coupling device comprising a monolithic first part and a separate monolithic second part interlocked with one another and together forming at least part of a receiving part with an accommodation space and a rod receiving recess, wherein the first and second parts are movable relative to one another while a rotation orientation between the first and second parts remain constant and wherein the first part comprises a downwardly facing surface and an upwardly facing surface; and as per claim 1, wherein relative positions of the of the downwardly and upwardly facing surfaces are unadjustable relative to the other portions of the first part and wherein the respective surfaces of the second part that are configured to engage with the downwardly and upwardly facing surfaces are unadjustable relative to the other portions of the second part.
Response to Arguments
Applicant’s arguments with respect to claim(s) 28-35 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
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 Michelle C. Green whose telephone number is (571)270-7051. The examiner can normally be reached on Monday-Friday between 9am-5pm.
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/M.C.G/ Examiner, Art Unit 3773 /EDUARDO C ROBERT/ Supervisory Patent Examiner, Art Unit 3773
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