Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Response to Arguments
Applicant’s arguments with respect to claim(s) 59 and 60 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.
Allowable Subject Matter
Claims 41 – 58 are allowed.
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 pre-AIA 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) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for a patent.
Claim(s) 59 and 60 is/are rejected under pre-AIA 35 U.S.C. 102(a) as being anticipated by Hammill, SR. et al (US 2011/0040336 A1).
Regarding clam 59, Hammill discloses a multiplanar bone anchor system (Abstract), comprising:
a bone anchor including a distal shank (ref. 16) and a proximal head (ref. 20);
a multiplanar coupling system disposable about the proximal head of the bone anchor, wherein the multiplanar coupling system includes a connecting arm (ref. 42) with a first portion able to be disposed about the proximal head of the bone anchor (see remarked Fig. 13 which shows the connecting arm having a first and second portion about line A1, where the second portion is directly in contact with the head of the anchor); and
a saddle (ref. 30) operable to receive the multiplanar coupling system (Figs. 4 – 5) and comprising a top portion (ref. 31) and a bottom portion (ref. 33);
wherein the connecting arm includes a second portion sized to be received within the top portion of the saddle (see remarked Fig. 13 below),
wherein the bottom portion of the saddle able to be coupled to the connecting arm (all components are connected to one another as shown in Fig. 5);
and wherein the top portion of the saddle is operable to move in one or more planes relative to the connecting arm and relative to the second portion of the saddle (paragraph [0078] discloses various methos of connecting the top and bottom portions of the saddle, prior to final assembly such as welding, the top portion is able to rotate or in another interpretation the portions are threadedly connected, thus allowing for rotation through multiple planes prior to final assembly).
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Regarding claim 60, Hammill discloses a multiplanar bone anchor system (Abstract), comprising:
a bone anchor including a distal shank (ref. 16) and a proximal head (ref. 20);
a multiplanar coupling system disposable about the proximal head of the bone anchor (ref. 42, Fig. 5), wherein the multiplanar coupling system includes a connecting arm (ref. 42); and
a saddle (ref. 30) operable to receive the multiplanar coupling system, wherein the saddle includes a first portion (ref. 31) and a second portion (ref. 33),
wherein the first portion of the saddle is operable to move in one or more planes relative to the connecting arm and relative to the second portion of the saddle (paragraph [0078] discloses various methos of connecting the first and second portions of the saddle, prior to final assembly such as welding, the first portion is able to rotate or in another interpretation the portions are threadedly connected, thus allowing for rotation through multiple planes prior to final assembly), and
wherein at least a portion of the connecting arm is sized to be received within the second portion of the saddle (Fig. 5).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
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 TESSA M MATTHEWS whose telephone number is (571)272-8817. The examiner can normally be reached M - F 8am - 1pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eduardo Robert can be reached at (571) 272-4719. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TESSA M MATTHEWS/ Examiner, Art Unit 3773