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 .
Election/Restrictions
It is noted that comparison of the claims with Figures 1-5 and the specification shows, however, that the species of Figures 1-5 does not have a second flat surface as required in claim 24. The species of claim 24 is species 2.
Claim 24 has been withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 5/19/2025.
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) 1-3, 6, 8, 9, 12, 19-21, 23 and 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Harrod et al. (US Pub 2021/0228241) in view of Chin et al. (US Pub 2007/0250061).
With respect to claim 1, Harrod discloses a modular connector assembly (see figures 1, 2 and 4 below) comprising: a first connector (Fig 1, 20) having a first opening (Fig 2, 26) therein that is configured to receive a spinal fixation element (fig 1, 110); a second connector (fig 2, 60) extending into the first connector through a second opening (fig 2, 34) formed therein, the second connector having a bore (fig 2, 76) formed in a first end (fig 2, 64) thereof that is disposed within the first connector (fig 4); and a coupler (fig 2, 40) disposed within the first connector and passing through the bore of the second connector to prevent separation of the first connector and the second connector (fig 4). With respect to claim 2, Harrod discloses further comprising a set screw (Fig 1, 80) threadably coupled to the first connector. With respect to claim 3, Harrod discloses further comprising a spinal fixation element (fig 1, 110) disposed within the first opening of the first connector, wherein the set screw urges the spinal fixation element toward the coupler (fig 1 and 4). With respect to claim 6, Harrod discloses wherein the first opening is substantially U-shaped (fig 4, 26) with an open proximal end and is defined by spaced apart arms of the first connector. With respect to claim 8, Harrod discloses wherein the first connector includes an inner threaded surface (see fig 4 below) configured to interface outer threads (fig 1) of a set screw. With respect to claim 9, Harrod discloses wherein the second opening of the first connector has a shape that substantially matches a shape of a portion of the second connector that extends therethrough (fig 1 and 2 both share a rounded rectangular shape). With respect to claim 12, Harrod discloses, wherein the second connector comprises a rod (fig 2, 62) extending from the first connector. With respect to claim 19, Harrod discloses wherein the coupler comprises a proximal-facing rod receiving surface (fig 4, 46). With respect to claim 20, Harrod discloses wherein the rod receiving surface comprises any of a curved surface and opposed planar surfaces that are angled toward one another (fig 2 and 4 show curved surfaces). With respect to claim 21, Harrod discloses wherein the coupler comprises a distally-extending post(fig 2, 48) configured to extend through the bore formed in the second connector (fig 4). With respect to claim 23 Harrod discloses wherein the first end of the second connector has a larger diameter (see fig 4 below) than a second end (see fig 4 below of the second connector and the second connector includes a taper between the first end and the second end.
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With respect to claim 1, Harrod discloses the claimed invention except for wherein second connector has a flat surface at the first end and the bore is formed in the flat surface.
Chin discloses a second connector (fig 10, 140) has a flat surface (fig 10, 173) at the first end (see fig 10 below) and the bore is formed in the flat surface (paragraph 29, flat sides in the opening) to enable the rods to be parallel to each other (paragraph 29).
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It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Harrod to include the second connector has a flat surface at the first end and the bore is formed in the flat surface in view of Chin in order to enable the rods to be parallel to each other.
With respect to claim 25, Harrod in view of Chin discloses the claimed invention except for the coupler having an indent configured to facilitate securing the coupler to the first connector. Harrod discloses the coupler (fig 4, 40) having a tab (fig 4, 44) while the first connector (fig 20, 25) has an indent (fig 4, 25). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention reverse the tab and indent on the device such that the coupler having an indent configured to facilitate securing the coupler to the first connector, since it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art. In re Einstein, 8 USPQ 167.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-3, 6, 8-9, 12, 19-21, 23 and 25 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.
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/S.J.C/Examiner, Art Unit 3773 /EDUARDO C ROBERT/Supervisory Patent Examiner, Art Unit 3773