Prosecution Insights
Last updated: April 19, 2026
Application No. 18/469,715

STABILIZED EXPANDABLE INTERVERTEBRAL SPACER

Final Rejection §112
Filed
Sep 19, 2023
Examiner
BOLES, SAMEH RAAFAT
Art Unit
3775
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Globus Medical Inc.
OA Round
2 (Final)
70%
Grant Probability
Favorable
3-4
OA Rounds
3y 5m
To Grant
95%
With Interview

Examiner Intelligence

Grants 70% — above average
70%
Career Allow Rate
671 granted / 961 resolved
At TC average
Strong +25% interview lift
Without
With
+25.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
41 currently pending
Career history
1002
Total Applications
across all art units

Statute-Specific Performance

§101
2.3%
-37.7% vs TC avg
§103
41.8%
+1.8% vs TC avg
§102
37.3%
-2.7% vs TC avg
§112
13.1%
-26.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 961 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 . According to the Amendment filed on 12/8/25, Claims 1 and 15 are amended, claim 20 is canceled. Claim Rejections - 35 USC § 112 Claims 1-14 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 1 raises the new matter issue of “wherein the movement of the spike is vertical with no corresponding horizontal movement”, since (modified figs 28 and 32 below) of the present application are clearly showing that the spike not only moves vertically but also moves horizontally. In the modified Fig. 32 below shows that in the final extended position of the spike 212, the distance between the axis of the spike 212 and the axis of element 144 is smaller than the distance between the axis of the spike 212 and the axis of element 144 when the spike is in the initial extended position as shown in the modified fig. 28 below. That proves that the movement of the spike is vertical with a corresponding horizontal movement. PNG media_image1.png 711 648 media_image1.png Greyscale Allowable Subject Matter Claims 15-19 are allowed. Response to Arguments Applicant’s arguments with respect to claim(s) 1-14 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. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMEH RAAFAT BOLES whose telephone number is (571)270-5537. The examiner can normally be reached 9-5 pm. 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, Kevin Truong can be reached at 571-272-4705. 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. /SAMEH R BOLES/Primary Examiner, Art Unit 3775
Read full office action

Prosecution Timeline

Sep 19, 2023
Application Filed
Sep 10, 2025
Non-Final Rejection — §112
Dec 08, 2025
Response Filed
Jan 30, 2026
Final Rejection — §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
70%
Grant Probability
95%
With Interview (+25.3%)
3y 5m
Median Time to Grant
Moderate
PTA Risk
Based on 961 resolved cases by this examiner. Grant probability derived from career allow rate.

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