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 . Claims 23-42 are pending and examined below.
Election/Restrictions
Applicant’s election without traverse of Invention II in the reply filed on 05/21/2026 is acknowledged. The requirement is therefore made FINAL.
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 23-26, 31-33, and 36-41 is/are rejected under 35 U.S.C. 103 as being unpatentable over Quintana-Ponce et al. (US 20210251766 A1) hereinafter, Quintana, in view of Park et al. (US 20210154373 A1), hereinafter, Park, and further in view of Beshchasna et al. (Surface evaluation of titanium oxynitride coatings used for developing layered cardiovascular stents, Beshchasna et al., Materials Science & Engineering C (2019), 405-416, 2019) hereinafter, Beshchasna.
Regarding claim 23, Quintana teaches
an orthopedic medical device (10, Fig. 2, Quintana) that is at least partially formed of a base material (60, Fig. 2, Quintana) and an enhancement coating (58, Fig. 2, Quintana);
at least 90 wt.% of said base material includes a metal selected from the group consisting of a) standard stainless steel, b) standard cobalt-chromium alloy, c) standard titanium-aluminum-vanadium alloy (titanium, aluminum, and vanadium, ¶0142, Quintana), d) standard aluminum alloy, e) standard nickel alloy, f) standard titanium alloy, g) standard tungsten alloy, h) standard molybdenum alloy, i) standard copper alloy, j) standard beryllium-copper alloy, k) standard titanium-nickel alloy, l) refractory metal alloy, or m) metal alloy that includes at least 5 atomic weight percent (awt.%) rhenium.
said enhancement material includes titanium oxynitride and/or zirconium oxynitride (zirconium oxynitride, ¶0006, Quintana);
said enhancement coating has a thickness of 10 nanometers to 10 microns (3 μm to about 8 μm, ¶0153, Quintana);
said enhancement coating includes no more than 0.1 wt.% nickel and/or no more than 0.1 wt.% cobalt (coating does not include nickel so therefore no more than 0.1 wt. %, ¶0151, Quintana);
said orthopedic medical device is a) a spinal implant, b) a frame for use with a spinal implant, c) a bone implant (Figs. 1 & 2, Quintana), d) an artificial disk, e) an artificial spinal disk, f) a spinal interbody, g) an expandable spinal interbody, h) an interbody fusion device, i) an expandable interbody fusion device, j) a prosthetic implant to repair, replace and/or support a bone and/or cartilage, k) a bone plate nail, l) a spinal rod, m) a bone screw, n) a post, o) a spinal cage, p) a bone plate, q) a pedicle screw, r) a cap, s) a hinge, t) a joint system, u) an anchor, v) a spacer, w) a shaft, x) an anchor, y) a disk, z) a ball, aa) a tension band, or ab) a locking connector that is used in a body to support a structure, mount a structure, and/or repair a structure in a body;
said enhancement coating (58, Fig. 2, Quintana) is directly coated on said base material (60, Fig. 2, Quintana);
a thickness of said enhancement coating (58, Fig. 2, Quintana) is less than a thickness of said base material (60, Fig. 2, Quintana);
said enhancement coating (58, Fig. 2, Quintana) is formed of
a) a layer of coating material (72, Fig. 3, Quintana) that includes oxynitride that is coated directly an outer surface of said base material (zirconium oxynitride, 72, Fig. 3, ¶0170, Quintana), or
b) a layer of metallic adhesion material (68, Fig. 3, Quintana) that is coated directed on said outer surface of said base material (60, Fig. 2, Quintana) and a layer of coating material that includes oxynitride (zirconium oxynitride, 72, Fig. 3, ¶0170, Quintana), and wherein said layer of said coating material (58, Fig. 2, Quintana) is coated on an outer surface of said layer of metallic adhesion material (68, Fig. 3, Quintana).
Quintana does not teach said enhancement material is formulated to provide nitric oxide. However, Park teaches a NO (nitric oxide)-generating catalyst on the surface of a material (abstract, Park) wherein
said enhancement material (coating of heparin-tyramine derivative and copper, ¶0044, Park) is formulated to
provide nitric oxide or its precursors nitrogen and oxygen (generates NO, ¶0160, Park),
promote generation of nitric oxide in adjacent tissue (generates NO, ¶0160, Park), and/or
promote transport of nitric oxide to adjacent tissue (promotes the proliferation of endothelial cells, ¶0160, Park).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Quintana by incorporating the teaching above as taught by Park in order to promote the proliferation of endothelial cells while significantly inhibiting the adhesion and activation of platelets and smooth muscle cells (¶0160, Park).
Quintana in view of Park does not teach said enhancement coating has an oxygen to nitrogen atomic ratio of 1:10 to 10:1. However, Beshchasna teaches titanium
oxynitride coatings (abstract, Beshchasna) wherein
said enhancement coating has an oxygen to nitrogen atomic ratio of 1:10 to 10:1 1 (O:N ratio 1:10, Table 2, pgs. 409-420, Beshchasna).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Quintana and Park by incorporating the teaching above as taught by Beshchasna in order to develop medical devices with optimal chemical, mechanical and biological properties (abstract, Beshchasna).
Regarding claim 24, Quintana teaches
wherein said enhancement coating (58, Fig. 2, Quintana) includes said layer metallic adhesion material (68, Fig. 3, Quintana);
said metallic adhesion material is titanium metal or zirconium metal (zirconium, titanium, ¶0151, Quintana);
said metallic adhesion material has a thickness of 1 to 500 nanometers (about 0.5 nm to about 10 nm and about 500 nm, ¶0150, Quintana).
Regarding claim 25, Quintana teaches
wherein said base material includes no more than 0.1 wt.% nickel and/or no more than 0.1 wt.% cobalt (base does not include nickel so therefore no more than 0.1 wt. %, ¶0151, Quintana).
Regarding claim 26, Quintana teaches
wherein said base material includes no more than 0.1 wt.% nickel and/or no more than 0.1 wt.% cobalt (base does not include nickel so therefore no more than 0.1 wt. %, ¶0151, Quintana).
Regarding claim 31, Quintana teaches
an orthopedic medical device (10, Fig. 2, Quintana) that is at least partially formed of a base material (60, Fig. 2, Quintana) and an enhancement coating (58, Fig. 2, Quintana);
at least 90 wt.% of said base material includes a metal selected from the group consisting of a) standard cobalt-chromium alloy, c) standard titanium-aluminum-vanadium alloy (titanium, aluminum, and vanadium, ¶0142, Quintana), d) refractory metal alloy, or e) metal alloy that includes at least 5 atomic weight percent (awt.%) rhenium;
said enhancement coating (58, Fig. 2, Quintana) is directly coated on said base material (60, Fig. 2, Quintana);
a thickness of said enhancement coating (58, Fig. 2, Quintana) is less than a thickness of said base material (60, Fig. 2, Quintana);
said enhancement coating (58, Fig. 2, Quintana) is formed of
a) a layer of coating material (72, Fig. 3, Quintana) that includes titanium oxynitride and/or zirconium oxynitride that is coated on an outer surface of said base material (zirconium oxynitride, 72, Fig. 3, ¶0170, Quintana), or
b) a layer of metallic adhesion material (68, Fig. 3, Quintana) and a layer of coating material that includes titanium oxynitride and/or zirconium oxynitride (zirconium oxynitride, 72, Fig. 3, ¶0170, Quintana), and wherein
said layer of metallic adhesion material (68, Fig. 3, Quintana) is coated on said outer surface of said base material (60, Fig. 2, Quintana) and said layer of coating material (58, Fig. 2, Quintana) is coated on an outer surface of said layer of metallic adhesion material (68, Fig. 3, Quintana);
said enhancement coating includes no more than 0.1 wt.% nickel and/or no more than 0.1 wt.% cobalt (coating does not include nickel so therefore no more than 0.1 wt. %, ¶0151, Quintana);
said enhancement coating has a thickness of 10 nanometers to 10 microns (3 μm to about 8 μm, ¶0153, Quintana);
said orthopedic medical device is a) a spinal implant, b) a frame for use with a spinal implant, c) a bone implant (Figs. 1 & 2, Quintana), d) an artificial disk, e) an artificial spinal disk, f) a spinal interbody, g) an expandable spinal interbody, h) an interbody fusion device, i) an expandable interbody fusion device, j) a prosthetic implant to repair, replace and/or support a bone and/or cartilage, k) a bone plate nail, l) a spinal rod, m) a bone screw, n) a post, o) a spinal cage, p) a bone plate, q) a pedicle screw, r) a cap, s) a hinge, t) a joint system, u) an anchor, v) a spacer, w) a shaft, x) an anchor, y) a disk, z) a ball, aa) a tension band, or ab) a locking connector that is used in a body to support a structure, mount a structure, and/or repair a structure in a body.
Quintana does not teach said enhancement material is formulated to provide nitric oxide. However, Park teaches
said enhancement material (coating of heparin-tyramine derivative and copper, ¶0044, Park) is formulated to
i) provide nitric oxide or its precursors nitrogen and oxygen when implanted in a patient (generates NO, ¶0160, Park),
ii) promote generation of nitric oxide in adjacent tissue when implanted in a patient (generates NO, ¶0160, Park), and/or
iii) promote transport of nitric oxide to adjacent tissue when implanted in a patient (promotes the proliferation of endothelial cells, ¶0160, Park).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Quintana by incorporating the teaching above as taught by Park in order to promote the proliferation of endothelial cells while significantly inhibiting the adhesion and activation of platelets and smooth muscle cells (¶0160, Park).
Quintana in view of Park does not teach said enhancement coating has an oxygen to nitrogen atomic ratio of 1:10 to 10:1. However, Beshchasna teaches
said titanium oxynitride and/or zirconium oxynitride has an oxygen to nitrogen atomic ratio of 1:10 to 10:1 (O:N ratio 1:10, Table 2, pgs. 409-420, Beshchasna).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Quintana and Park by incorporating the teaching above as taught by Beshchasna in order to develop medical devices with optimal chemical, mechanical and biological properties (abstract, Beshchasna).
Regarding claim 32, Quintana teaches
wherein said enhancement coating (58, Fig. 2, Quintana) includes said layer of metallic adhesion material (68, Fig. 3, Quintana);
said layer of metallic adhesion material (68, Fig. 3, Quintana) has a thickness of 1 to 500 nanometers (about 0.5 nm to about 10 nm and about 500 nm, ¶0150, Quintana);
said layer of coating material includes
a) said titanium oxynitride that is coated on said outer surface of said metallic adhesion material that includes titanium (zirconium oxynitride, niobium oxynitride, titanium, or a combination thereof, ¶0006, Quintana), or
b) said zirconium oxynitride that is coated on said outer surface of said metallic adhesion material that includes zirconium (zirconium oxynitride, 72, Fig. 3, ¶0170, Quintana).
Regarding claim 33, Quintana teaches
wherein said base material includes no more than 0.1 wt.% nickel and/or no more than 0.1 wt.% cobalt (base does not include nickel so therefore no more than 0.1 wt. %, ¶0151, Quintana).
Regarding claim 36, Quintana teaches
an orthopedic medical device (10, Fig. 2, Quintana) that is formed of a base material (60, Fig. 2, Quintana) and an enhancement coating (58, Fig. 2, Quintana);
at least 90 wt.% of said base material includes a metal selected from the group consisting of a) stainless steel, b) cobalt-chromium alloy, c) titanium- aluminum-vanadium alloy (titanium, aluminum, and vanadium, ¶0142, Quintana), d) aluminum alloy, e) nickel alloy, f) titanium alloy, g) tungsten alloy, h) molybdenum alloy, i) copper alloy, j) beryllium-copper alloy, k) titanium-nickel alloy, l) refractory metal alloy, or m) metal alloy that includes at least 5 atomic weight percent (awt.%) rhenium;
said enhancement coating (58, Fig. 2, Quintana) is
a coating of titanium oxynitride and/or zirconium oxynitride that is directly coated on an outer surface of said base material (zirconium oxynitride, 72, Fig. 3, ¶0170, Quintana) or
a coating of a metallic adhesion layer (68, Fig. 3, Quintana) that is directly coated on said outer surface of said base material (60, Fig. 2, Quintana) and a coating of titanium oxynitride and/or zirconium oxynitride that is directly coated on an outer surface of said metallic adhesion layer (zirconium oxynitride, 72, Fig. 3, ¶0170, Quintana), and wherein said metallic adhesion layer is a metal layer includes titanium and/or zirconium (zirconium, titanium, ¶0151, Quintana);
said enhancement coating has a thickness of 10 nanometers to 10 microns (3 μm to about 8 μm, ¶0153, Quintana);
said enhancement coating includes no more than 0.1 wt.% nickel, no more than 0.1 wt.% chromium, and/or no more than 0.1 wt.% cobalt (coating does not include nickel so therefore no more than 0.1 wt. %, ¶0151, Quintana);
said orthopedic medical device is a) a spinal implant, b) a frame for use with a spinal implant, c) a bone implant (Figs. 1 & 2, Quintana), d) an artificial disk, e) an artificial spinal disk, f) a spinal interbody, g) an expandable spinal interbody, h) an interbody fusion device, i) an expandable interbody fusion device, j) a prosthetic implant to repair, replace and/or support a bone and/or cartilage, k) a bone plate nail, l) a spinal rod, m) a bone screw, n) a post, o) a spinal cage, p) a bone plate, q) a pedicle screw, r) a cap, s) a hinge, t) a joint system, u) an anchor, v) a spacer, w) a shaft, x) an anchor, y) a disk, z) a ball, aa) a tension band, or ab) a locking connector that is used in a body to support a structure, mount a structure, and/or repair a structure in a body.
Quintana does not teach said enhancement material is formulated to provide nitric oxide. However, Park teaches
said enhancement coating (coating of heparin-tyramine derivative and copper, ¶0044, Park) is formulated to
provide nitric oxide or its precursors nitrogen and oxygen (generates NO, ¶0160, Park),
promote generation of nitric oxide in adjacent tissue (generates NO, ¶0160, Park), and/or
promote transport of nitric oxide to adjacent tissue (promotes the proliferation of endothelial cells, ¶0160, Park).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Quintana by incorporating the teaching above as taught by Park in order to promote the proliferation of endothelial cells while significantly inhibiting the adhesion and activation of platelets and smooth muscle cells (¶0160, Park).
Quintana in view of Park does not teach said enhancement coating has an oxygen to nitrogen atomic ratio of 1:10 to 10:1. However, Beshchasna teaches
said enhancement coating has an oxygen to nitrogen atomic ratio of 1:10 to 10:1 (O:N ratio 1:10, Table 2, pgs. 409-420, Beshchasna).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Quintana and Park by incorporating the teaching above as taught by Beshchasna in order to develop medical devices with optimal chemical, mechanical and biological properties (abstract, Beshchasna).
Regarding claim 37, Quintana teaches
wherein said enhancement coating coats all of said outer surface of said base material (coating disposed on the condylar surface, Fig. 2, ¶0143, Quintana).
Regarding claim 38, Quintana teaches
wherein said enhancement coating includes titanium oxynitride (zirconium oxynitride, niobium oxynitride, titanium, or a combination thereof, ¶0006, Quintana).
Regarding claim 39, Quintana teaches
wherein said enhancement coating includes zirconium oxynitride (zirconium oxynitride, 72, Fig. 3, ¶0170, Quintana).
Regarding claim 40, Quintana teaches
wherein said enhancement coating includes titanium oxynitride (zirconium oxynitride, niobium oxynitride, titanium, or a combination thereof, ¶0006, Quintana).
Regarding claim 41, Quintana teaches
wherein said enhancement coating includes zirconium oxynitride (zirconium oxynitride, 72, Fig. 3, ¶0170, Quintana).
Claim(s) 27-30, 34-35, and 42 is/are rejected under 35 U.S.C. 103 as being unpatentable over Quintana in view of Park, in view of Beshchasna, and further in view of Buckman et al. (US 20130216421 A1) hereinafter, Buckman.
Regarding claim 27, Quintana does not teach wherein said base material is formed of said refractory metal alloy or said metal alloy that includes at least 15 atomic weight percent (awt.%) rhenium. However, Buckman teaches a medical device that is at least partially formed of a metal alloy which improves the physical properties of the medical device (abstract, Buckman)
wherein said base material is formed of said refractory metal alloy or said metal alloy that includes at least 15 atomic weight percent (awt.%) rhenium (rhenium content of the metal alloy is at least about 40 weight percent, ¶0018, Buckman). It has been held that in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (MPEP 2144.05(I)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Quintana, Park, and Beshchasna by incorporating at least 0.1 wt.% rhenium as taught by Buckman in order to achieve a medical device having the desired high ductility at about room temperature (¶0023, Buckman).
Regarding claim 28, Quintana does not teach wherein said base material is formed of said refractory metal alloy or said metal alloy that includes at least 15 atomic weight percent (awt.%) rhenium. However, Buckman teaches
wherein said base material is formed of said refractory metal alloy or said metal alloy that includes at least 15 atomic weight percent (awt.%) rhenium (rhenium content of the metal alloy is at least about 40 weight percent, ¶0018, Buckman). It has been held that in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (MPEP 2144.05(I)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Quintana, Park, and Beshchasna by incorporating at least 0.1 wt.% rhenium as taught by Buckman in order to achieve a medical device having the desired high ductility at about room temperature (¶0023, Buckman).
Regarding claim 29, Quintana does not teach wherein said base material is formed of at least 0.1 wt.% rhenium and one or more metal selected from molybdenum, chromium, cobalt, nickel, titanium, tantalum, niobium, zirconium, and/or tungsten. However, Buckman teaches
wherein said base material is formed of at least 0.1 wt.% rhenium (rhenium content of the metal alloy is at least about 40 weight percent, ¶0018, Buckman) and one or more metal selected from molybdenum, chromium, cobalt, nickel, titanium, tantalum, niobium, zirconium, and/or tungsten (molybdenum, chromium, cobalt, nickel, titanium, tantalum, niobium, zirconium, and/or tungsten, ¶0016, Buckman). It has been held that in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (MPEP 2144.05(I)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Quintana, Park, and Beshchasna by incorporating at least 0.1 wt.% rhenium as taught by Buckman in order to achieve a medical device having the desired high ductility at about room temperature (¶0023, Buckman).
Regarding claim 30, Quintana does not teach wherein said base material is formed of at least 0.1 wt.% rhenium and one or more metal selected from molybdenum, chromium, cobalt, nickel, titanium, tantalum, niobium, zirconium, and/or tungsten. However, Buckman teaches
wherein said base material is formed of at least 0.1 wt.% rhenium (rhenium content of the metal alloy is at least about 40 weight percent, ¶0018, Buckman) and one or more metal selected from molybdenum, chromium, cobalt, nickel, titanium, tantalum, niobium, zirconium, and/or tungsten (molybdenum, chromium, cobalt, nickel, titanium, tantalum, niobium, zirconium, and/or tungsten, ¶0016, Buckman). It has been held that in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (MPEP 2144.05(I)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Quintana, Park, and Beshchasna by incorporating at least 0.1 wt.% rhenium as taught by Buckman in order to achieve a medical device having the desired high ductility at about room temperature (¶0023, Buckman).
Regarding claim 34, Quintana teaches
said base metal is absent molybdenum (base only comprises titanium, aluminum, and vanadium, therefore absent molybdenum, ¶0142, Quintana).
Quintana does not teach wherein said base material is formed of said refractory metal alloy. However, Buckman teaches
wherein said base material is formed of said refractory metal alloy or said metal alloy that includes at least 15 atomic weight percent (awt.%) rhenium (rhenium content of the metal alloy is at least about 40 weight percent, ¶0018, Buckman). It has been held that in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (MPEP 2144.05(I)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Quintana, Park, and Beshchasna by incorporating at least 0.1 wt.% rhenium as taught by Buckman in order to achieve a medical device having the desired high ductility at about room temperature (¶0023, Buckman).
Regarding claim 35, Quintana teaches
said base metal is absent molybdenum (base only comprises titanium, aluminum, and vanadium, therefore absent molybdenum, ¶0142, Quintana).
Quintana does not teach wherein said base material is formed of said refractory metal alloy. However, Buckman teaches
wherein said base material is formed of said refractory metal alloy or said metal alloy that includes at least 15 atomic weight percent (awt.%) rhenium (rhenium content of the metal alloy is at least about 40 weight percent, ¶0018, Buckman). It has been held that in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (MPEP 2144.05(I)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Quintana, Park, and Beshchasna by incorporating at least 0.1 wt.% rhenium as taught by Buckman in order to achieve a medical device having the desired high ductility at about room temperature (¶0023, Buckman).
Regarding claim 42, Quintana teaches
an orthopedic medical device (10, Fig. 2, Quintana) having a body (body of 10, Fig. 2, Quintana) formed of a base material (60, Fig. 2, Quintana) and an enhancement coating (58, Fig. 2, Quintana) that is coated on the outer surface of said base material (, Fig. 2, Quintana);
said enhancement coating (58, Fig. 2, Quintana) is
a) a coating of titanium oxynitride and/or zirconium oxynitride that is directly coated on an outer surface of said base material (zirconium oxynitride, ¶0006, Quintana) or
b) a coating of a metallic adhesion layer (68, Fig. 3, Quintana) that is directly coated on said outer surface of said base material (60, Fig. 2, Quintana) and a coating of titanium oxynitride and/or zirconium oxynitride that is directly coated on an outer surface of said metallic adhesion layer (zirconium oxynitride, 72, Fig. 3, ¶0170, Quintana), and wherein said metallic adhesion layer is a metal layer includes titanium and/or zirconium (zirconium, titanium, ¶0151, Quintana);
said enhancement coating has a thickness of 10 nanometers to 10 microns (3 μm to about 8 μm, ¶0153, Quintana);
said enhancement coating includes no more than 0.1 wt.% nickel, no more than 0.1 wt.% chromium, and/or no more than 0.1 wt.% cobalt (coating does not include nickel so therefore no more than 0.1 wt. %, ¶0151, Quintana);
said orthopedic medical device is a) a spinal implant, b) a frame for use with a spinal implant, c) a bone implant (Figs. 1 & 2, Quintana), d) an artificial disk, e) an artificial spinal disk, f) a spinal interbody, g) an expandable spinal interbody, h) an interbody fusion device, i) an expandable interbody fusion device, j) a prosthetic implant, k) a bone plate nail, l) a spinal rod, m) a bone screw, n) a post, o) a spinal cage, p) a bone plate, q) a pedicle screw, r) a spacer, s) a shaft, t) an anchor, u) a disk, or v) a ball that is used in a body to support a structure, mount a structure, and/or repair a structure in a body.
Quintana does not teach said enhancement material is formulated to provide nitric oxide. However, Park teaches
said enhancement coating is formulated to
provide nitric oxide or its precursors nitrogen and oxygen (generates NO, ¶0160, Park),
promote generation of nitric oxide in adjacent tissue (generates NO, ¶0160, Park), and/or
promote transport of nitric oxide to adjacent tissue (promotes the proliferation of endothelial cells, ¶0160, Park).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Quintana by incorporating the teaching above as taught by Park in order to promote the proliferation of endothelial cells while significantly inhibiting the adhesion and activation of platelets and smooth muscle cells (¶0160, Park).
Quintana in view of Park does not teach said enhancement coating has an oxygen to nitrogen atomic ratio of 1:10 to 10:1. However, Beshchasna teaches
said enhancement coating has an oxygen to nitrogen atomic ratio of 1:10 to 10:1 (O:N ratio 1:10, Table 2, pgs. 409-420, Beshchasna).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Quintana and Park by incorporating the teaching above as taught by Beshchasna in order to develop medical devices with optimal chemical, mechanical and biological properties (abstract, Beshchasna).
Quintana teaches at least 90 wt.% of said base material includes a metal selected from the group consisting of c) titanium-aluminum-vanadium alloy (titanium, aluminum, and vanadium, ¶0142, Quintana). Quintana does not teach at least 90 wt.% of said base material includes a metal selected from the group consisting of a) stainless steel that includes at least 5 atomic weight percent (awt.%) rhenium, b) cobalt-chromium alloy that includes at least 5 atomic weight percent (awt.%) rhenium, c) titanium-aluminum-vanadium alloy that includes at least 5 atomic weight percent (awt.%) rhenium, etc. However, Buckman teaches
at least 90 wt.% of said base material includes a metal selected from the group consisting of a) stainless steel that includes at least 5 atomic weight percent (awt.%) rhenium, b) cobalt-chromium alloy that includes at least 5 atomic weight percent (awt.%) rhenium, c) titanium-aluminum-vanadium alloy that includes at least 5 atomic weight percent (awt.%) rhenium, d) aluminum alloy that includes at least 5 atomic weight percent (awt.%) rhenium, e) nickel alloy that includes at least 5 atomic weight percent (awt.%) rhenium, f) titanium alloy that includes at least 5 atomic weight percent (awt.%) rhenium, g) tungsten alloy (tantalum and tungsten content of the metal alloy is at least about 90 weight percent, ¶0017, Buckman) that includes at least 5 atomic weight percent (awt.%) rhenium (rhenium content of the metal alloy is at least about 40 weight percent, ¶0018, Buckman), h) copper alloy that includes at least 5 atomic weight percent (awt.%) rhenium, i) beryllium-copper alloy that includes at least 5 atomic weight percent (awt.%) rhenium, or j) titanium-nickel alloy that includes at least 5 atomic weight percent (awt.%) rhenium.
It has been held that in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (MPEP 2144.05(I)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Quintana, Park, and Beshchasna by incorporating at least 0.1 wt.% rhenium as taught by Buckman in order to achieve a medical device having the desired high ductility at about room temperature (¶0023, Buckman).
Conclusion
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/K.X.W./Examiner, Art Unit 3774
/JERRAH EDWARDS/Supervisory Patent Examiner, Art Unit 3774
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