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 .
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 11 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. New 112 rejections are made in view of applicant’s amendments, see below.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “the first connecting member and the first aperture are underneath the upper surface of the body portion, and the second connecting member and the second aperture are underneath the upper surface of the body portion” in claims 1, 11 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: The limitation of “the first connecting member and the first aperture are underneath the upper surface of the body portion, and the second connecting member and the second aperture are underneath the upper surface of the body portion” recited in claims 1, 11 were not disclosed in the original specification.
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.
Claims 1-20 are 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.
Claims 1, 11 recites that the body portion is part of the coupler and the coupler is integral with the first connecting member and also recites that “the body portion of the coupler has an upper surface extending laterally around both the fastener and the first aperture of the first connecting member” where the only surface that can meet this limitation is identified below. Further, it is not clear how it is possible to have “the first connecting member and the first aperture are underneath the upper surface of the body portion”, and “the second aperture is underneath the upper surface of the body portion” as claimed.
Applicant remarks filed 5/26/2026 identifies 10a as the first connecting member and 10b as the second connecting member which does not seem to fit with the claims and specification. It seems that applicant flipped what the first and second connecting members are because if 10a is the first connecting member, there is no integral coupler with a fastener extending through a body portion of the coupler as claimed. See annotated Fig 4 below where this arrangement of the components makes the most sense given the original specification. As can be seen below, it is not clear how the second aperture is underneath the upper surface of the body portion. Likewise, the coupler and thus the body portion is claimed as integral with the first connecting member and as such it is also not clear how the first connecting member itself as well as the first aperture are located beneath the upper surface. What makes the most the most sense is that since the coupler and first connecting member are integral/monolithic with each other, their upper surfaces collectively form “an upper surface” with at least the first aperture located below this upper surface. However, the second aperture is offset and away from the upper surface and it is not clear how second aperture can be underneath the upper surface, as well. Clarification is requested and examiner is withholding any additional 112 rejections under 112(a) until clarification from the applicant. The examiner will interpret with art as best understood.
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Claim 6 recites “transverse openings” for the first and second spine rods and it is not clear if applicant is referring to the first and second apertures already recited in claim 1 or different openings altogether. Examiner will treat the transverse openings as referring to the apertures recited in claim 1.
Claim 7 recites the limitation "the transverse openings" in line 2. There is insufficient antecedent basis for this limitation in the claim. The examiner will treat with art as best understood.
Claim 16 recites “transverse openings” for the first and second spine rods and it is not clear if applicant is referring to the first and second apertures already recited in claim 11 or different openings altogether. Examiner will treat the transverse openings as referring to the apertures recited in claim 11.
Claim 17 recites the limitation "the transverse openings" in line 2. There is insufficient antecedent basis for this limitation in the claim. The examiner will treat with art as best understood.
Claim Rejections - 35 USC § 103
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-10 are rejected under 35 U.S.C. 103 as being unpatentable over Morris US 2022/0354546.
Regarding Claim 1, Morris discloses a transverse connector (Fig 27a) for interconnecting first and second spine rods, comprising:
a first connecting member having a longitudinal axis extending in a longitudinal direction (see Fig below) and connectable with the first spine rod (see Fig below);
a second connecting member connectable with the second spine rod and fixed a set distance from the first connecting member (see Fig below);
a coupler disposed between the first connecting member and the second connecting member and integrally attached to only the first connecting member (see Fig below), and
configured to angularly couple the first and second connecting members together such that an angle of deployment between the first connecting member and the second connecting member is adjustable (paragraph 121, see also paragraph 120); and
a fastener having an extension extending through a body portion of the coupler and configured to fix the angle of deployment in one of a plurality of angular positions (see Fig below, paragraph 121) wherein
the first and second connecting members have first and second apertures (see Fig below) each passing transverse to the longitudinal direction completely through the first and second connecting members to accept respectively the first connecting rod and the second connecting rod (see Fig below), and
the body portion of the coupler has an upper surface extending laterally around both the fastener and the first aperture of the first connecting member (see Fig below where it extends around the fastener and laterally surrounds the left side of the first aperture),
the first connecting member and the first aperture are underneath the upper surface of the body portion (see 112 rejection above and see fig below where the upper surface defines a plane where the first connecting member and first aperture are located beneath the plane), and
the second connecting member and the second aperture are underneath the upper surface of the body portion (see 112 rejection above and see fig below where the upper surface defines a plane where at least #430 of the second connecting member and second aperture are located beneath the plane).
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Morris discloses that joints #430, #432 allow for rotation or pivoting (paragraph 120) but does not disclose explicitly disclose the angle of deployment between the first connecting member and the second connecting member is adjustable around the longitudinal axis of the first connecting member.
However, Morris discloses another similar embodiment (Fig 27c) with a first connecting member (#422) defining a longitudinal axis in a longitudinal direction (longitudinal axis that is co-linear with #320, Fig 27c) and second (#424) connecting member, a coupler integral with the first coupler that forms a socket (#430) that engages a ball (#430, paragraph 123) of the second connecting member (Fig 27c) such that angle of deployment between the first connecting member and the second connecting member is adjustable around the longitudinal axis of the first connecting member and allows for rotational and/or pivotal motion and where the ball is fixed via a fastener (#436) extending through a body portion of the coupler (paragraph 123).
It would have been obvious to one having ordinary skill in the art at a time before the effective filing date of the claimed invention to modify the joint (#430 in Fig 27a) of Morris to be in the form of a ball in view of another embodiment of Morris because this provides a known type of joint that allows for rotational and/or pivotal motion in many directions.
Regarding Claim 6, Morris as modified discloses the first connecting member and the second connecting member have respective transverse openings for insertion of the first and second spine rods (see 112 rejection above, as discussed in claim 1 the first and second apertures can be considered transverse openings for the first and second spine rods).
Regarding Claim 7, Morris as modified discloses the first and second connecting members clamp respectively the first and second spine rods in the transverse opening (Fig 27a, paragraph 121-122 in Morris, clamped via set screws #434).
Regarding Claim 8, Morris as modified discloses the coupler permits angular variations around a longitudinal axis (co-linear with the longitudinal axis of the first connecting member, see fig in claim 1 above) of the transverse connector (as discussed above in claim 1 above in view of the modification of embodiment Fig 27c of Morris, paragraph 123).
Regarding Claim 9, Morris as modified discloses the first connecting member comprises a first threaded aperture (aperture for first set screw #434 in Fig 27a) through which a first set screw (#434 in Morris), upon advancing through the threaded aperture, fixes the first connecting member to the first spine rod (Fig 27a, paragraph 121-122).
Regarding Claim 10, Morris as modified discloses the second connecting member comprises a second threaded aperture (not shown but see paragraph 121 where there is a second aperture to receive a second set screw (#434, also not shown, paragraph 121) through which a second set screw (#434 paragraph 121), upon advancing through the second threaded aperture, fixes the second connecting member to the second rod (paragraph 121 Morris).
Regarding Claim 2, Morris as modified discloses the second connecting member comprises a ball (#430 in Fig 27c as discussed above in claim 1) integrally attached to the second connecting member (Fig 27c in Morris), the ball is received in a socket (#432 in Morris) in the body portion of the coupler (Fig 27c in Morris) but does not disclose the ball having a fixed length arm integrally attached to the second connecting member, the arm extends towards the socket.
Morris discloses an alternative embodiment (Fig 26a) where a second coupler (#402) comprises a ball (“spherical head” as seen in Fig 26a, paragraph 119) having a fixed length arm (#410) integrally attached to the second connecting member (Fig 26a), the arm extends towards a socket (where the ball is located in Fig 26a) of a body portion of a coupler (#412), where this provides a known alternative configuration for a ball for a second connecting member (paragraph 119, Fig 26a).
It would have been obvious to one having ordinary skill in the art at a time before the effective filing date of the claimed invention to modify the ball of Morris as modified to include a fixed length arm integral to the second connecting member in view of another embodiment of Morris because this provides a known alternative configuration for a ball joint that provides predictable results of allowing the second coupling member to be pivotally coupled to the socket of a coupler.
Regarding Claim 3, Morris as modified discloses the ball and socket collectively form a ball joint (paragraph 119, 123 in Morris).
Regarding Claim 4, Morris discloses the fastener of the coupler engages the ball of the ball joint to fix the angle of deployment (paragraph 123 in Morris).
Regarding Claim 5, Morris discloses the fastener comprises a screw (#436, paragraph 121, 123 in Morris) engages the ball of the ball joint (Fig 27c, paragraph 123 in Morris).
Claims 11-20 are rejected under 35 U.S.C. 103 as being unpatentable over Morris US 2022/0354546 in view of Rinner US 2015/0073488.
Regarding Claim 11, Morris discloses a system (Fig 27a) for stabilizing a spinal column, comprising:
a first spine rod (see Fig below);
a second spine rod (see Fig below);
a first connecting member having a longitudinal axis extending in a longitudinal direction (see Fig below) and connected to the first spine rod (see Fig below);
a second connecting member connected to the second spine rod (see Fig below) and fixed a set distance from the first connecting member (see Fig below);
a coupler disposed between the first connecting member and the second connecting member (see Fig below), and integrally attached to only one of the first and second connecting members (see Fig below), and
configured to angularly couple the first and second connecting members together such that an angle of deployment between the first connecting member and the second connecting member is adjustable (paragraph 121, see also paragraph 120);
a fastener having an extension extending through a body portion of the coupler for fixing the angle of deployment in any one of a plurality of angularly diverse positions(see Fig below, paragraph 121); and
wherein
the first and second connecting members have first and second apertures (see Fig below) each passing transverse to the longitudinal direction completely through the first and second connecting members to accept respectively the first connecting rod and the second connecting rod (see Fig below),
the body portion of the coupler has an upper surface extending laterally around both the fastener and the first aperture of the first connecting member (see Fig below where it extends around the fastener and laterally surrounds the left side of the first aperture),
the first connecting member and the first aperture are underneath the upper surface of the body portion (see 112 rejection above and see fig below where the upper surface defines a plane where the first connecting member and first aperture are located beneath the plane), and
the second connecting member and the second aperture are underneath the upper surface of the body portion (see 112 rejection above and see fig below where the upper surface defines a plane where at least #430 of the second connecting member and second aperture are located beneath the plane).
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Morris discloses that joints #430, #432 allow for rotation or pivoting (paragraph 120) but does not disclose explicitly disclose the angle of deployment between the first connecting member and the second connecting member is adjustable around the longitudinal axis of the first connecting member, and
one or more lateral connectors configured to extend across the spinal column to connect to rods on the other side of the spinal column.
However, Morris discloses another similar embodiment (Fig 27c) with a first connecting member (#422) defining a longitudinal axis in a longitudinal direction (longitudinal axis that is co-linear with #320, Fig 27c) and second (#424) connecting member, a coupler integral with the first coupler that forms a socket (#430) that engages a ball (#430, paragraph 123) of the second connecting member (Fig 27c) such that angle of deployment between the first connecting member and the second connecting member is adjustable around the longitudinal axis of the first connecting member and allows for rotational and/or pivotal motion and where the ball is fixed via a fastener (#436) extending through a body portion of the coupler (paragraph 123).
It would have been obvious to one having ordinary skill in the art at a time before the effective filing date of the claimed invention to modify the joint (#430 in Fig 27a) of Morris to be in the form of a ball in view of another embodiment of Morris because this provides a known type of joint that allows for rotational and/or pivotal motion in many directions.
Rinner discloses a similar system (see Fig below) where on the other side of the spinal column, there are other rods and other connectors (similar to the first and second spine rod and first and second connecting members) to provide stability to both left and right sides of the spinal column (paragraph 120), and one or more lateral connectors (#200, see Fig below) extending across the spinal column to connect to the rods on the other side of the spinal column (see Fig below) in order to provide additional rigidity to the overall construct (paragraph 124).
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It would have been obvious to one having ordinary skill in the art at a time before the effective filing date of the claimed invention to modify Lee and include other rods and connecting members (similar to the first and second spine rods and first and second connecting members) for placement on the other side of the spinal column and a lateral connector in view of Rinner because the other rods and connectors would provide stabilization on the other side of the spinal column (so that there is stabilization on both the left and right sides of the spinal column) and where the lateral connector provides additional rigidity to the overall construct.
Regarding Claim 16, Morris as modified discloses the first connecting member and the second connecting member have respective transverse openings for insertion of the first and second spine rods (see 112 rejection above, as discussed in claim 1 the first and second apertures can be considered transverse openings for the first and second spine rods).
Regarding Claim 17, Morris as modified discloses the first and second connecting members clamp respectively the first and second spine rods in the transverse opening (paragraph 121-122 in Morris, clamped via set screws #434).
Regarding Claim 18, Morris as modified discloses the coupler permits angular variations around a longitudinal axis (co-linear with the longitudinal axis of the first connecting member, see fig in claim 1 above) of the transverse connector (as discussed above in claim 1 above in view of the modification of embodiment Fig 27c of Morris, paragraph 123).
Regarding Claim 19, Morris as modified discloses the first connecting member comprises a first threaded aperture (first aperture shown in the fig above in claim 11) through which a first set screw (#434 in Morris), upon advancing through the threaded aperture, fixes the first connecting member to the first spine rod (Fig 27c, paragraph 121-122 in Morris).
Regarding Claim 20, Morris as modified discloses the second connecting member comprises a second threaded aperture (not shown but see paragraph 121 where there is a second aperture to receive a second set screw (#434, also not shown, paragraph 121) through which a second set screw (#434 paragraph 121), upon advancing through the second threaded aperture, fixes the second connecting member to the second rod (paragraph 121 Morris).
Regarding Claim 12, Morris as modified discloses the second connecting member comprises a ball (#430, paragraph 119 in Morris as discussed above in claim 11) integrally attached to the second connecting member (Fig 27c in Morris), the arm is received in a socket (#432 in Morris) in the body portion of the coupler (Fig 27c in Morris) but does not disclose the ball having a fixed length arm integrally attached to the second connecting member, the arm extends towards the socket.
Morris discloses an alternative embodiment (Fig 26a) where a second coupler (#402) comprises a ball (“spherical head” as seen in Fig 26a, paragraph 119) having a fixed length arm (#410) integrally attached to the second connecting member (Fig 26a), the arm extends towards a socket (where the ball is located in Fig 26a) of a body portion of a coupler (#412), where this provides a known alternative configuration for a ball for a second connecting member (paragraph 119, Fig 26a).
It would have been obvious to one having ordinary skill in the art at a time before the effective filing date of the claimed invention to modify the ball of Morris as modified to include a fixed length arm integral to the second connecting member in view of another embodiment of Morris because this provides a known alternative configuration for a ball joint that provides predictable results of allowing the second coupling member to be pivotally coupled to the socket of a coupler.
Regarding Claim 13, Morris as modified discloses the ball and socket collectively form a ball joint (paragraph 119, 123 in Morris).
Regarding Claim 14, Morris as modified discloses the fastener of the coupler engages the ball of the ball joint to fix the angle of deployment (paragraph 123 in Morris).
Regarding Claim 15, Morris as modified discloses the fastener comprises a screw (#436, paragraph 123 in Morris) engages the ball of the ball joint (Fig 27c, paragraph 123 in Morris).
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 JAN CHRISTOPHER L MERENE whose telephone number is (571)270-5032. The examiner can normally be reached Mon-Fri 8:30 am - 6pm EST.
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, 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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/JAN CHRISTOPHER L MERENE/ Primary Examiner, Art Unit 3773
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