Prosecution Insights
Last updated: May 29, 2026
Application No. 18/410,242

TOOLS FOR SPINAL SURGERY

Final Rejection §112
Filed
Jan 11, 2024
Priority
Apr 27, 2018 — provisional 62/663,851 +5 more
Examiner
LAWSON, MATTHEW JAMES
Art Unit
3619
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Spinal Surgical Strategies Inc. A Nevada Corporation D/B/A Kleiner Device Labs
OA Round
2 (Final)
74%
Grant Probability
Favorable
3-4
OA Rounds
1y 0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allowance Rate
801 granted / 1088 resolved
+21.6% vs TC avg
Strong +30% interview lift
Without
With
+29.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
46 currently pending
Career history
1130
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
73.8%
+33.8% vs TC avg
§102
16.5%
-23.5% vs TC avg
§112
8.8%
-31.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1088 resolved cases

Office Action

§112
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 . Response to Arguments Applicant’s arguments with respect to claims 2-9 and 13-21 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. The Examiner attempted to reach out to Applicant’s representation at the phone number listed at the bottom of the remarks provided on August 25th, 2025 as well as the main office number for Corner Counsel (979) 476-2495 however both numbers appear to be disconnected. Claim Objections Claim 21 is objected to because of the following informalities: Applicant recites two steps of tightening one in line 21 and again in line 28. The second step of tightening should read “wherein the step of tightening the locking mechanism locks the slidable rectangular shaft into position.” 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 8 and 19 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. Regarding claim 8, Applicant recites a step of “loosening the locking mechanism” in line 2. However, claim 2 (from which claim 8 depends from) recites a step of loosening the locking mechanism in line 23. It is unclear if Applicant is attempting to recite a second loosening step or if the recitation of loosening in claim 8 is redundant to the step in claim 2 and inadvertently placed in the claim. The Examiner suggests amending the claim to remove the loosening step in claim 8 to put the claim in condition for allowance. Regarding claim 19, Applicant recites a step of “loosening the locking mechanism” in line 2. However, claim 13 (from which claim 8 depends from) recites a step of loosening the locking mechanism in line 28. It is unclear if Applicant is attempting to recite a second loosening step or if the recitation of loosening in claim 8 is redundant to the step in claim 13 and inadvertently placed in the claim. The Examiner suggests amending the claim to remove the loosening step in claim 19 to put the claim in condition for allowance. 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 MATTHEW JAMES LAWSON whose telephone number is (571)270-7375. The examiner can normally be reached Mon - Fri 6:30-3:00. 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, Anita Coupe can be reached at 571-270-3614. 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. /MATTHEW J LAWSON/Primary Examiner, Art Unit 3619
Read full office action

Prosecution Timeline

Jan 11, 2024
Application Filed
Aug 21, 2025
Non-Final Rejection mailed — §112
Aug 25, 2025
Response Filed
Nov 03, 2025
Final Rejection mailed — §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12636161
EXPANDING INTERVERTEBRAL IMPLANTS
1y 8m to grant Granted May 26, 2026
Patent 12622710
Center of Rotation Guide
2y 9m to grant Granted May 12, 2026
Patent 12616460
KNEE TENSIONER WITH DIGITAL FORCE AND DISPLACEMENT SENSING
3y 6m to grant Granted May 05, 2026
Patent 12616487
MINIMALLY INVASIVE SURGERY LAPIDUS SYSTEM
2y 3m to grant Granted May 05, 2026
Patent 12605172
METHODS AND SYSTEM FOR EXTRAMEDULLARY GUIDANCE
3y 1m to grant Granted Apr 21, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

3-4
Expected OA Rounds
74%
Grant Probability
99%
With Interview (+29.9%)
3y 4m (~1y 0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1088 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month