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 16 is objected to because of the following informalities: a word such as “having” or “with” should be inserted between “tulip body” and “an inner wall” (line 4). Appropriate correction is required.
Claim 17 is objected to because of the following informalities: a phrase such as “of the” should be inserted between “translation” and “bushing” (line 5). 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 1-6 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 1 recites the limitation "a collet bushing having flexible members configured to receive a screwhead and two stage ramped cutouts on an outer surface" in lines 2-3. Due to the language of the recitation, the claim reads as the flexible members are configured to receive the two stage ramped cutouts, and it is unclear how such would occur. As shown in the figures, two stage ramped cutouts 135, 140 are formed in the outer surface of collet bushing 110 at a location distinct from flexible members 120. Claims 2-6 are rejected because they depend from claim 1.
Claim 3 is 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 tulip" in line 3. There is insufficient antecedent basis for this limitation in the claim as claims 1 and 3 previously recite a modular tulip.
Claim 4 is 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 4 recites the limitation "the tulip" in line 1. There is insufficient antecedent basis for this limitation in the claim as claim 1 previously recites a modular tulip.
Claim 4 is 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 4 recites the limitation "the screw" in line. There is insufficient antecedent basis for this limitation in the claim as claim 1 does not recite a screw.
Claims 5 and 6 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 5 recites the limitation "the tulip" in line 1. There is insufficient antecedent basis for this limitation in the claim as claim 1 previously recites a modular tulip. Claim 6 is rejected because it depends from claim 5.
Claim 6 is 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 6 recites the limitation "which squeezes the screwhead to lock" in lines 3-4. It is unclear whether “to lock” refers to transitioning from the unlocked state to the locked state (the aforementioned states are recited in claim 1) or to lock some component relative to another component (and in such situation, which components).
Claims 7-15 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 7 recites the limitation "a modular tulip having an inner wall with radial grooves configured to slidingly receive the collet bushing" in lines 4-5. The specification states that radial grooves 145 receive the flexible wires 115 (see paras. 0031, 0034, 0046, 0047, and 0051), not collet bushing 110. Furthermore, Figs. 3, 5, 6B, 7B, 9B, 10B, 13, and 14 show that the size of radial grooves 145 is not capable of receiving collet bushing 110. Thus, it is unclear how the radial grooves of the modular tulip slidingly receive the collet bushing as recited in claim 7. Claims 8-15 are rejected because they depend from claim 7.
Claim 15 is 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 15 recites the limitation "the flexible members squeeze the pedicle screwhead to lock" in lines 3-4. It is unclear whether “to lock” refers to locking some component relative to another component (and in such situation, which components).
Claims 16-20 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 16 recites the limitation "a collet bushing having distal flexible members configured to receive a screwhead and two stage ramped cutouts on an outer surface" in lines 2-3. Due to the language of the recitation, the claim reads as the flexible members are configured to receive the two stage ramped cutouts, and it is unclear how such would occur. As shown in the figures, two stage ramped cutouts 135, 140 are formed in the outer surface of collet bushing 110 at a location distinct from flexible members 120. Claims 17-20 are rejected because they depend from claim 16.
Claims 16-20 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 16 recites the limitation "a modular tulip having a U-shaped tulip body an inner wall with radial grooves configured to slidingly receive the collet bushing" in lines 4-5. The specification states that radial grooves 145 receive the flexible wires 115 (see paras. 0031, 0034, 0046, 0047, and 0051), not collet bushing 110. Furthermore, Figs. 3, 5, 6B, 7B, 9B, 10B, 13, and 14 show that the size of radial grooves 145 is not capable of receiving collet bushing 110. Thus, it is unclear how the radial grooves of the modular tulip slidingly receive the collet bushing as recited in claim 16. Claims 17-20 are rejected because they depend from claim 16.
Claim 17 is 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 17 recites the limitation "bushing" in line 5. There is insufficient antecedent basis for this limitation in the claim as claims 16 and 17 previously recite a collet bushing.
Claim 18 is 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 18 recites the limitation "the U-shaped body" in line 1. There is insufficient antecedent basis for this limitation in the claim as claim 16 previously recites a U-shaped tulip body.
Claim 18 is 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 18 recites the limitation "the rod" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim as claims 16 and 18 do not previously recite a rod.
Claim 18 is 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 18 recites the limitation "which squeezes the of the collet screwhead" in line 3. It is unclear what is squeezed (see “squeezes the of the”). Furthermore, there is insufficient antecedent basis for “collet screwhead” in the claim as claim 16 previously recites a screwhead and a collet bushing, not a collet screwhead.
Claim 18 is 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 18 recites the limitation "which squeezes the of the collet screwhead to lock" in lines 3-4. It is unclear whether “to lock” refers to locking some component relative to another component (and in such situation, which components).
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.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jackson et al. (US 2013/0072992 A1).
Claim 1. Jackson discloses a modular tulip assembly comprising:
a collet bushing (insert 214 and retainer 12 in combination) having flexible members (panels 117 and 118) configured to receive a screwhead (head 8 of shank 4 – see Fig. 3) and two stage ramped cutouts (upper portion 268 and lower portion 269) on an outer surface;
a modular tulip (receiver 10) configured to receive the collet bushing; and
one or more flexible wires (tabs 78) within the modular tulip configured to engage the two stage ramped cutouts to lock the collet bushing in a first stage unlocked state (see Fig. 50) and a second stage locked state (see Fig. 51) (Figs. 47-51; paras. 0196-0198).
Claim 2. Jackson discloses wherein in the unlocked state, the modular tulip assembly is configured to be pushed on a screwhead of a screw (due to slit 148 in retainer 12 – see Fig. 12 – retainer 12 can be expanded by head 8 of shank 4 – see Fig. 3 – as shank 4 is inserted into receiver 10) (Figs. 47-51; paras. 0196-0198).
Claim 3. Jackson discloses wherein the locked state the collet bushing is translated downward in the modular tulip and the flexible members engage a tapered lower profile (sloping surface 97 – see Fig. 9 – which is engaged by panels 118 as shown in Fig. 51) of the tulip (Figs. 47-51; paras. 0196-0198).
Claim 4. Jackson discloses wherein the tulip includes a bottom opening (lower opening 110 – see Fig. 9) for a threaded shaft of the screw to go through (prior to assembling insert 214 and retainer 12 into receiver 10, body 6 of shank 4 – see Fig. 3 – can be inserted through lower opening 110) (Figs. 47-51; paras. 0196-0198).
Claim 5. Jackson discloses wherein the tulip is a U-shaped tulip having side walls (arms 62 – see Fig. 5) with U-shaped openings (defining seat 68 – see Fig. 5) sized to receive a rod (rod 21) (Figs. 47-51; paras. 0196-0198).
Claim 6. Jackson discloses wherein the interior of the U-shaped opening of the U-shaped tulip may be threaded (guide and advancement structure 72) to accept a set screw (closure structure 18) configured to be tightened and torqued into the rod, which contacts the collet bushing, which squeezes the screwhead to lock (Figs. 47-51; paras. 0196-0198).
Claim 7. Jackson discloses a modular tulip assembly comprising:
a collet bushing (insert 214 and retainer 12 in combination) having an outer surface with two stage ramped cutouts (upper portion 268 and lower portion 269) and flexible members (panels 117 and 118) configured to receive a pedicle screwhead (head 8 of shank 4 – see Fig. 3);
a modular tulip (receiver 10) having an inner wall with radial grooves (cylindrical surfaces 98 and 100 – see Fig. 9) configured to slidingly receive the collet bushing; and
one or more flexible wires (tabs 78) positioned within the modular tulip proximate the radial grooves configured to engage the two stage ramped cutouts as the collet bushing translate downward in the modular tulip (Figs. 47-51; paras. 0196-0198).
Claim 8. Jackson discloses wherein the two stage ramped cutouts include a first stage lower cut out (lower portion 269) with the flexible members in an unlocked state (see Fig. 50) and a second stage upper cut out (upper portion 268) with the flexible members in a locked state (see Fig. 51) (Figs. 47-51; paras. 0196-0198).
Claim 9. Jackson discloses wherein in the unlocked state, the flexible members are configured to be pushed on the pedicle screwhead (due to slit 148 in retainer 12 – see Fig. 12 – retainer 12 can be expanded by head 8 of shank 4 – see Fig. 3 – as shank 4 is inserted into receiver 10) (Figs. 47-51; paras. 0196-0198).
Claim 10. Jackson discloses wherein in the locked state the flexible members squeeze and lock the pedicle screwhead (see para. 0171) (Figs. 47-51; paras. 0196-0198).
Claim 11. Jackson discloses wherein the flexible members include a tapered distal external profile (panels 118 taper – see Fig. 12) configured to engage a tapered lower profile (sloping surface 97 – see Fig. 9 – which is engaged by panels 118 as shown in Fig. 51) of the modular tulip during downward translation, moving the flexible members from the unlocked state to the locked state (see Fig. 51) (Figs. 47-51; paras. 0196-0198).
Claim 12. Jackson discloses wherein the two stage ramped cutouts include a ramped or tapered portion (upper portion 268 has a taper – see Fig. 48) configured to compress the flexible wires during downward translation of the collet bushing and a lower u-shaped or saddle shaped portion (lower portion 269 is saddle shaped – see Figs. 47 and 50) with a lower center area (lower portion 269 is lower than upper portion 268) for the flexible wires to sit in (Figs. 47-51; paras. 0196-0198).
Claim 13. Jackson discloses wherein the lower U-shaped or saddle shaped portion is configured to prevent upward translation of the collet bushing (due to the lower surface of lower portion 269 – see Fig. 50) (Figs. 47-51; paras. 0196-0198).
Claim 14. Jackson discloses wherein the modular tulip includes a U-shaped opening (defining seat 68 – see Fig. 5) sized to receive a rod (rod 21) (Figs. 47-51; paras. 0196-0198).
Claim 15. Jackson discloses wherein the interior of the modular tulip U-shaped opening may be threaded (guide and advancement structure 72) to accept a set screw (closure structure 18) configured to be tightened and torqued into the rod, which contacts the collet bushing to translate downward and the flexible members squeeze the pedicle screwhead to lock (Figs. 47-51; paras. 0196-0198).
Claim 16. Jackson discloses a modular tulip assembly comprising:
a collet bushing (insert 214 and retainer 12 in combination) having distal flexible members (panels 117 and 118) configured to receive a screwhead (head 8 of shank 4 – see Fig. 3) and two stage ramped cutouts (upper portion 268 and lower portion 269) on an outer surface;
a modular tulip (receiver 10) having a U-shaped tulip body (receiver 10) an inner wall with radial grooves (cylindrical surfaces 98 and 100 – see Fig. 9) configured to slidingly receive the collet bushing; and
one or more flexible wires (tabs 78) within the modular tulip configured to engage the two stage ramped cutouts;
wherein the two stage ramped cutouts include a first stage lower cut out (lower portion 269) in an unlocked state (see Fig. 50) with the flexible members configured to be pushed on the screwhead (due to slit 148 in retainer 12 – see Fig. 12 – retainer 12 can be expanded by head 8 of shank 4 – see Fig. 3 – as shank 4 is inserted into receiver 10), and a second stage upper cut out (upper portion 268) in a locked state (see Fig. 51) with the flexible members configured to squeeze and lock the screwhead (see para. 0171) (Figs. 47-51; paras. 0196-0198).
Claim 17. Jackson discloses wherein the two stage ramped cutouts include a ramped or tapered portion (upper portion 268 has a taper – see Fig. 48) configured to compress the flexible wires into the radial grooves during downward translation of the collet bushing, and a lower u-shaped or saddle shaped portion (lower portion 269 is saddle shaped – see Figs. 47 and 50) with a lower center area (lower portion 269 is lower than upper portion 268) for the flexible wires to sit in, the lower u-shaped or saddle shaped portion is configured to prevent upward translation bushing (due to the lower surface of lower portion 269 – see Fig. 50) (Figs. 47-51; paras. 0196-0198).
Claim 18. Jackson discloses wherein the interior of the U-shaped body may be threaded (guide and advancement structure 72) to accept a set screw (closure structure 18) configured to be tightened and torqued into the rod (rod 21), which contacts the collet bushing, which squeezes the of the collet screwhead to lock (Figs. 47-51; paras. 0196-0198).
Claim 19. Jackson discloses wherein the flexible members include a tapered distal external profile (panels 118 taper – see Fig. 12) configured to engage a tapered lower profile (sloping surface 97 – see Fig. 9 – which is engaged by panels 118 as shown in Fig. 51) of the modular tulip during downward translation, moving the flexible members from the unlocked state to the locked state (see Fig. 51) (Figs. 47-51; paras. 0196-0198).
Claim 20. Jackson discloses wherein the flexible wires are configured to make an audible click and/or tactile feedback when transitioning the collet bushing from the unlocked state to the locked state (due to the presence of bars 267, moving tabs 78 from lower portion 269 to upper portion 268 would create at least a minimal amount of tactile feedback due to the force required to move tabs 78 past bars 267) (Figs. 47-51; paras. 0196-0198).
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.
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/JULIANNA N HARVEY/Primary Examiner, Art Unit 3773