Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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.
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 step of moving the superior and inferior bone contacting members relative to each other in six degrees of freedom.”
It is unclear when the step of moving the superior and inferior bone contacting members relative to each other in six degrees of freedom occurs, in relation to the the expansion of the intervertebral implant from the insertion configuration to an expanded configuration, of claim 1. Examiner suggests amending to include similar language to claim 17, which reads, “wherein the superior and inferior bone contacting members are movable relative to each other in six degrees of freedom when the expandable intervertebral implant is in the expanded configuration.”
Appropriate clarification and correction is required.
Allowable Subject Matter
Claims 2, 4-15, and 17-21 are allowable over the prior art.
Most pertinent prior art, including U.S. Patent Pub. No. 2005/0261769 to Moskowitz et al., U.S. Patent No. 7,828,849 to Lim, U.S. Patent Pub. No. 2005/0278026 to Gordon et al., and U.S. Patent Pub. No. 2008/0243251 to Stad et al. disclose a method of implanting an intervertebral implant into an intervertebral space defined by a superior vertebral body and an inferior vertebral body. The method comprises the steps of inserting the intervertebral implant into an intervertebral space in an insertion configuration, such that a superior bone contacting member of the intervertebral implant faces the superior vertebral body, and an inferior bone contacting member of the intervertebral implant faces the inferior vertebral body. The superior bone contacting member comprises first and second superior bone contacting components, and the inferior bone contacting member comprises first and second inferior bone contacting components. The method includes after the inserting step, expanding the intervertebral implant from the insertion configuration to an expanded configuration so as to increase a respective distance between the superior and inferior bone contacting members along a cranio-caudal direction, increase a respective distance between the first and second superior bone contacting components along a direction perpendicular to the cranio-caudal direction, and increase a respective distance between the first and second inferior bone contacting components along the direction perpendicular to the cranio-caudal direction, wherein both before the inserting step and after the expanding step, the inferior and superior bone contacting members are connected together by vertical components of the intervertebral implant, the first and second superior bone contacting components are connected together by superior horizontal components of the intervertebral implant, and the first and second inferior bone contacting components are connected together by inferior horizontal components of the intervertebral implant.
The prior art fails to teach or disclose, however, wherein all of the respective distances are increased simultaneously, wherein the expanding step comprises inserting an expansion member into the intervertebral implant, wherein the expansion member bears against the intervertebral implant so as to increase all of the respective distances, wherein the inserting step is performed along a lateral approach into the intervertebral space, wherein the inserting step is performed along an anterior approach into the intervertebral space, wherein the expanding step causes the vertical components to expand, causes the superior horizontal components to expand, and causes the inferior horizontal components to expand.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER J BECCIA whose telephone number is (571)270-7391. The examiner can normally be reached Mon - Fri 8:30-5:00.
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/CHRISTOPHER J BECCIA/Primary Examiner, Art Unit 3775
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