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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 6/8/2026 has been entered.
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.
Claim(s) 1-3, 6, 8, 9, 12, 19-21, and 23-28 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee et al. (US Pub 2018/0280063).
With respect to claim 1, Lee et al. discloses a modular connector assembly (see figures 5D, E and J below) comprising: a first connector (fig 5J, 580) having a first opening (See fig 5J below) therein that is configured to receive a spinal fixation element; a second connector (fig 5D, 510) extending into the first connector through a second opening (See fig 5J below) formed therein, the second connector having a bore (see fig 5D below) formed in a first end thereof that is disposed within the first connector (fig 5J), wherein the second connector has a flat surface (see fig 5D below) at the first end and the bore is formed in the flat surface (fig 5D); and a coupler (fig 5J, 560) disposed within the first connector and passing through the bore of the second connector to prevent separation of the first connector (fig 5J) and the second connector; wherein the second opening of the first connector is shaped and sized to receive the first end of the second connector therein such that the second connector is only free to move axially along a longitudinal axis extending through the second connector (fig 5J can only move axially into the opening).
With respect to claim 2, Lee et al. discloses further comprising a set screw (fig 5M, 522) threadably coupled to the first connector.
With respect to claim 3, Lee et al. discloses further comprising a spinal fixation element (fig 5M, A5) disposed within the first opening of the first connector, wherein the set screw urges the spinal fixation element toward the coupler (fig 5M).
With respect to claim 6, Lee et al. discloses wherein the first opening is substantially U-shaped (see fig 5J below) with an open proximal end and is defined by spaced apart arms (Fig 5J, 586, 588) of the first connector.
With respect to claim 8, Lee et al. discloses wherein the first connector includes an inner threaded surface (see fig 5J below) configured to interface outer threads of a set screw.
With respect to claim 9, Lee et al. discloses wherein the second opening of the first connector has a shape that substantially matches the shape of a portion of the second connector that extends therethrough (fig 5J shows the shapes matching).
With respect to claim 12, Lee et al. discloses wherein the second connector comprises a rod (fig 5D, 514) extending from the first connector.
With respect to claim 19, Lee et al. discloses wherein the coupler comprises a proximal-facing rod receiving surface (See fig 5J below).
With respect to claim 20, Lee et al. discloses wherein the rod receiving surface comprises any of a curved surface (fig 5J shows a curved surface) and opposed planar surfaces that are angled toward one another.
With respect to claim 21, Lee et al. discloses wherein the coupler comprises a distally-extending post (fig 5J, 570) configured to extend through the bore formed in the second connector.
With respect to claim 23, Lee et al. discloses wherein the first end of the second connector (see fig 5D, the first end extends between the arrows shown) has a larger diameter than a second end (See fig 5D below) of the second connector and the second connector includes a taper (See fig 5D below) between the first end and the second end.
With respect to claim 24, Lee et al. discloses wherein the first end includes a second flat surface (sere fig 5E below) opposite the flat surface.
With respect to claim 25, Lee et al. discloses wherein the coupler includes an indent (See fig 5J below indented under the lip for 590) configured to facilitate securing the coupler within the first connector.
With respect to claim 26, Lee et al. discloses wherein the first end of the second connector is press fit into the first connector (fig 5J).
With respect to claim 27, Lee et al. discloses wherein the second connector extends between the first end and an opposing second terminal end (fig 5D), the second connector having a first portion (see fig 5D below) defining the first end, a second portion (see fig 5D below) defining the second terminal end, and an interconnecting portion (see fig 5D below) extending between the first and second portions, the interconnecting portion being tapered outwardly from the second portion to the first portion (fig 5D).
With respect to claim 28, Lee et al. discloses wherein the flat surface extends distally into a majority of the first portion of the second connector from an edge of the first end toward the interconnecting portion (fig 5D, the flats extend the majority of the portion).
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Response to Arguments
Applicant’s arguments, see remarks, filed 5/4/2026, with respect to the withdrawn claim 24 have been fully considered and are persuasive. Claim 24 is no longer withdrawn and has been examined above.
Applicant’s arguments with respect to claim(s) 1-3, 6, 8-9, 23, 29-32 and 23-28 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
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/S.J.C/Examiner, Art Unit 3773
/JULIANNA N HARVEY/Primary Examiner, Art Unit 3773
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