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 .
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.
Claim(s) 1-3, 11, 15-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Murray et al. (U.S. Pub. No. 2017/0281246 A1, hereinafter “Murray”) in view of Montello et al. (U.S. Pub. No. 2010/0324599 A1, hereinafter “Montello”) and in view of Armstrong et al. (U.S. Pub. No. 2018/0116695 A1, hereinafter “Armstrong”).
Murray discloses, regarding claim 1, a kit of parts (see Figs. 32, 34, and 36, see also para. [0099] “kits that include various and multiple combinations of different connection modes can also be provided”) for use in extending a rod (50, see Figs. 32, 34, 36) in an existing spinal construct (50 and 60), comprising: a plurality of modular rod extenders (1200, 1500, 1600, see Figs. 28, 33, and 35) each comprising an extender body comprising a modular attachment feature (1220, 1520, 1620) at one end (see Figs. 28, 33, and 35) and an extension rod (1210, 1510, 1610) extending from an opposite end (see Figs. 28, 33, and 35), the modular attachment feature of each modular rod extender having a central bore (see para. [0135] “generally hollow body”) that has a lower portion (see annotated Fig. 28 below) and an upper portion (see annotated Fig. 28 below), each lower portion having a lower opening adjacent a bottom surface of said extender body (see para. [0137] “Connection point 1314 is sized to fit into connection point 1220”), said lower opening of each modular rod extender being configured to receive (see para. [0137] “Connection point 1314 is sized to fit into connection point 1220”) a head (see annotated Fig. 30 below) of a component (1300) of a rod connector (1320) that is connectable to said rod of said existing spinal construct (via 1324, see Figs. 30 and 32), the dimension of said lower opening of each modular rod extender being the same (see Figs. 32, 34, and 36, note that each of the lower openings is configured to receive the same spherical head of 1314); and a plurality of rod connectors (1300, 1400, see Figs. 30 and 31) each comprising an attachment portion (1322, 1422) having a rod receiving opening (1324, 1424) for receipt of a portion of said rod of said existing spinal construct (see Figs. 30-31, see para. [0138]), each rod connector comprising an elongate post (see annotated Figs. 30-31 below) projecting from said rod connector and including a head (see annotated Figs. 30-31 below) having a partial spherical surface defining a diameter (e.g. diameter of the heads, see Figs. 30-31), the diameter of each head being the same for selective receipt into the lower opening of a chosen modular rod extender (see Figs. 30-31).
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Regarding claim 3, wherein said central bore of each modular rod connector extends along an axis through said bottom surface and an opposite top surface of said extender body (see para. [0135] “generally hollow body”, note axis extends from the top set screw to the bottom opening that receives 1314), the extender body of each modular rod extender (1510, 1610) being curved in a plane transverse to the direction of said axis of said central bore (see Figs. 33 and 35), such that a longitudinal axis of each extension rod is laterally offset relative to the central bore of each extender body (see Figs. 33 and 35).
Murray discloses, regarding 15, a kit of parts for use (see Figs. 32, 34, and 36, see also para. [0099] “kits that include various and multiple combinations of different connection modes can also be provided”) in extending a rod (50, see Figs. 32, 34, 36) in an existing spinal construct (50 and 60), comprising: a plurality of modular rod extenders (1200, 1500, 1600, see Figs. 28, 33, and 35) each comprising an extender body comprising a modular attachment feature (1220, 1520, 1620) at one end and an extension rod (1210, 1510, 1610) extending from an opposite end (see Figs. 28, 33, and 35), the modular attachment feature of each modular rod extender having a central bore (see para. [0135] “generally hollow body”) that has a lower portion and an upper portion (see annotated Fig. 28 above), each lower portion having a lower opening adjacent a bottom surface of said extender body (see para. [0137] “Connection point 1314 is sized to fit into connection point 1220”), said lower opening of each modular rod extender being configured to receive (see para. [0137] “Connection point 1314 is sized to fit into connection point 1220”) a head (see annotated Fig. 30 above) of a component of a rod connector (1300) that is connectable to said rod of said existing spinal construct (see Fig. 32), the dimension of said lower opening of each modular rod extender being the same (see Figs. 32, 34, and 36, note that each of the lower openings is configured to receive the same spherical head of 1314); and a plurality of rod connectors (1300, 1400, see Figs. 30 and 31) each comprising an attachment portion (1322, 1422) having a rod receiving opening (1324, 1424) for receipt of a portion of said rod of said existing spinal construct (see Figs. 30-31, see para. [0138]), each rod connector comprising an elongate post projecting from said rod connector (see annotated Figs. 30-31 above) and including a head having a partial spherical surface (see annotated Figs. 30-31 above) defining a diameter (e.g. diameter of the heads, see Figs. 30-31), the diameter of each head being the same for selective receipt into the lower opening of a chosen modular rod extender (see Figs. 30-31).
Murray fails to explicitly disclose, regarding claim 1, wherein the extension rod of each modular rod extender having a length, said length of each extension rod being different; wherein each modular rod extender includes an expandable and contractible socket collar disposed exclusively within said lower opening of each modular rod extender for axial movement therewithin, each socket collar being of size and configuration to not pass through said lower opening; and each modular rod extender further including a crown separate from said socket collar and movably disposed within said central bore, said crown including a lower surface for direct contact with the head of such rod connector component; and regarding claim 15, wherein the extension rod of each modular rod extender having a length, said length of each extension rod being different; and each modular rod extender including an expandable and contractible socket collar disposed exclusively within said lower opening of each modular rod extender for axial movement therewithin, each socket collar being of size and configuration to not pass through said lower opening, wherein each socket collar has a central opening configured to expandably receive and pass through said head of a selected rod connector and when in assembly with said selected rod connector, each socket collar is disposed exclusively between the diameter of the head of each said elongate post and said bottom surface of said chosen modular rod extender. Murray further fails to disclose, regarding claim 2, wherein each socket collar has a central opening configured to expandably receive and pass through said head of a selected rod connector, the central opening of each socket collar having the same size diameter, and wherein in assembly with a rod connector, each socket collar is disposed exclusively between the diameter of each said post and said bottom surface of said chosen modular rod extender; regarding claim 11, wherein each modular rod extender further includes a locking element receivable within said central bore, said locking element having a lower surface configured to directly engage an upper end of said crown; regarding claim 16, wherein each selected modular rod extender further includes a crown separate from said socket collar and movably disposed within said central bore, said crown including a lower surface for direct contact with the head of such selected rod connector; and regarding claim 17, wherein each chosen modular rod extender includes a locking element receivable within said central bore of a chosen modular rod extender, each locking element being movably received within said upper portion of said central bore of a chosen modular rod extender, each locking element upon movement toward said lower portion of said central bore causing said socket collar to be compressed between the head of said elongate post and said chosen modular rod extender at the lower portion of said central bore.
Montello discloses a plurality of revision connectors in a revision connector kit (see Figs. 10C-D) wherein the different connectors can have different length (see para. [0094]) in order to provide connectors capable of extending the spinal construct to the desired length to fuse the adjacent spinal levels (see para. [0077]).
Armstrong discloses a rod extender (762, see Fig. 13) with a modular attachment feature (702), wherein the modular attachment feature includes an expandable and contractible socket collar (712, see Fig. 13, see para. [0089] “facilitates expansion and contraction”) disposed exclusively within said lower opening of each modular rod extender for axial movement therewithin (710, see Fig. 14, see paras. [0089]-[0090]), each socket collar being of size and configuration to not pass through said lower opening (see Figs. 13-14, note that gap 714 enables the collar 712 to expand into channel 716 and along with the lip forming the base of the channel 716, the presence of the head 802, prevents the collar 712 from passing through the lower opening); and each modular rod extender further including a crown separate (724) from said socket collar and movably disposed within said central bore (see Figs. 13-14), said crown including a lower surface (734) for direct contact with the head (802) of the elongate post (804, see Fig. 13, see para. [0092]); wherein each socket collar has a central opening (e.g. opening in 712 through which 802 extends through, see Fig. 13) configured to expandably receive and pass through said head (802) of a selected elongate post (804, see para. [0090]), the central opening of each socket collar having the same size diameter (see Fig. 13), wherein in assembly the socket collar is disposed exclusively between the diameter of each said post and said bottom surface of said chosen modular rod extender (see Fig. 13), and wherein each modular rod extender further includes a locking element (754) receivable within said central bore (see Fig. 13), said locking element having a lower surface configured to directly engage an upper end of said crown (732, see Fig. 13), each locking element upon movement toward said lower portion of said central bore causing said socket collar to be compressed between the head of said elongate post (802) and said chosen modular rod extender (702) at the lower portion of said central bore (see Figs. 13-14, see para. [0090]) in order to enable a non-instrumented bottom loading assembly of the head of a connector into the rod extender as well as providing capturing and retention of the head of a connector in the desired orientation (see paras. [0090], and [0095]-[0096]).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the extension rods in the kit in Murray to have different lengths in view of Montello in order to provide connectors capable of extending the rod in an existing spinal construct to different spinal levels for fusion based on the needs of the patient. And it would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify modular attachment feature of the rod extender in Murray to include an expandable and contractible socket collar disposed exclusively within a lower opening and to include a crown movably disposed within said central bore with a lower surface for direct contact with the head of the elongate post and to include a locking element in view of Armstrong in order to enable a non-instrumented bottom loading assembly of the head of a connector into the rod extender as well as providing capturing and retention of the head of a connector in the desired orientation.
Claim(s) 4-5, 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Murray et al. (U.S. Pub. No. 2017/0281246 A1, hereinafter “Murray”) in view of Lemoine (U.S. Pub. No. 2010/0004686 A1, hereinafter “Lemoine”) and in view of Armstrong et al. (U.S. Pub. No. 2018/0116695 A1, hereinafter “Armstrong”).
Murray discloses, regarding claim 4, a kit of parts (see Figs. 32, 34, and 36, see also para. [0099] “kits that include various and multiple combinations of different connection modes can also be provided”) for use in extending a rod (50, see Figs. 32, 34, 36) in an existing spinal construct (50 and 60), comprising: a plurality of modular rod extenders (1200, 1500, 1600, see Figs. 28, 33, and 35) each comprising an extender body comprising a modular attachment feature (1220, 1520, 1620) at one end and an extension rod (1210, 1510, 1610) extending from an opposite end (see Figs. 28, 33, and 35), the modular attachment feature of each modular rod extender having a central bore (see para. [0135] “generally hollow body”) that has a lower portion and an upper portion (see annotated Fig. 28 above), each lower portion having a lower opening adjacent a bottom surface of said extender body (see para. [0137] “Connection point 1314 is sized to fit into connection point 1220”), said lower opening of each modular rod extender being configured to receive (see para. [0137] “Connection point 1314 is sized to fit into connection point 1220”) a head (see annotated Fig. 30 above) of a component of a rod connector (1300) that is connectable to said rod of said existing spinal construct (see Fig. 32), the dimension of said lower opening of each modular rod extender being the same (see Figs. 32, 34, and 36, note that each of the lower openings is configured to receive the same spherical head of 1314); and a plurality of rod connectors (1300, 1400, see Figs. 30 and 31) each comprising an attachment portion (1322, 1422) having a rod receiving opening (1324, 1424) for receipt of a portion of said rod of said existing spinal construct (see Figs. 30-31, see para. [0138]), each rod connector comprising an elongate post projecting from said rod connector (see annotated Figs. 30-31 above) and including a head having a partial spherical surface (see annotated Figs. 30-31 above) defining a diameter (e.g. diameter of the heads, see Figs. 30-31), the diameter of each head being the same for selective receipt into the lower opening of a chosen modular rod extender (see Figs. 30-31).
Murray fails to explicitly disclose, regarding claim 4, the extension rod of each modular rod extender having a diameter, said diameter of each extension rod being different; wherein each modular rod extender includes an expandable and contractible socket collar disposed exclusively within said lower opening of each modular rod extender for axial movement therewithin, each socket collar being of size and configuration to not pass through said lower opening, each modular rod extender further including a crown separate from said socket collar and movably disposed within said central bore, said crown including a lower surface for direct contact with the head of such rod connector component. Murray further fails to disclose, regarding claim 5, wherein in assembly with a rod connector, the lower surface of each crown is in contact exclusively with the head of each said post between the diameter of such head and the upper portion of said central bore; regarding claim 12, wherein each modular rod extender further includes a locking element receivable within said central bore, said locking element having a lower surface configured to directly engage an upper end of said crown.
Lemoine discloses a spinal rod connector system (100, see Fig. 7), wherein the rods (10) may be provided with different diameters with a kit (see para. [0059]) in order provide rods that best accommodate the patient’s anatomy by providing smaller rod diameters for the cervical portions of the spine and larger rod diameters for the thoracic and lumbar portions of the spine (see para. [0059]).
Armstrong discloses a rod extender (762, see Fig. 13) with a modular attachment feature (702), wherein the modular attachment feature includes an expandable and contractible socket collar (712) disposed exclusively within said lower opening of each modular rod extender for axial movement therewithin (see Figs. 13-14, see paras. [0089]-[0090]), each socket collar being of size and configuration to not pass through said lower opening (see Figs. 13-14, note that gap 714 enables the collar 712 to expand into channel 716 and along with the lip forming the base of the channel 716, the presence of the head 802, prevents the collar 712 from passing through the lower opening); each modular rod extender further including a crown separate (724) from said socket collar and movably disposed within said central bore (see Figs. 13-14), said crown including a lower surface (734) for direct contact with the head (802, see Fig. 13, see para. [0092]); wherein in assembly, the lower surface of each crown is in contact exclusively with the head of each said post between the diameter of such head and the upper portion of said central bore (see Fig. 13); wherein each modular rod extender further includes a locking element (754) receivable within said central bore (see Fig. 13), said locking element having a lower surface configured to directly engage an upper end of said crown (732, see Fig. 13) in order to enable a non-instrumented bottom loading assembly of the head of a connector into the rod extender as well as providing capturing and retention of the head of a connector in the desired orientation (see paras. [0090], and [0095]-[0096]).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the extension rods in the kit in Murray to include rod extenders having different diameter extension rods in view of Lemoine in order to provide rods that best accommodate the patient’s anatomy by providing smaller rod diameters for the cervical portions of the spine and larger rod diameters for the thoracic and lumbar portions of the spine. And it would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify modular attachment feature in Murray to include an expandable and contractible socket collar disposed exclusively within a lower opening for axial movement therewithin and a crown movably disposed within said central bore, said crown including a lower surface for direct contact with the head of such rod connector component in view of Armstrong in order to enable a non-instrumented bottom loading assembly of the head of a connector into the rod extender as well as providing capturing and retention of the head of a connector in the desired orientation.
Claim(s) 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Murray et al. (U.S. Pub. No. 2017/0281246 A1, hereinafter “Murray”) in view of Bootwala et al. (U.S. Pub. No. 2016/0089187 A1, hereinafter “Bootwala”).
Murray discloses, regarding claim 6, a kit of parts (see Figs. 32, 34, and 36, see also para. [0099] “kits that include various and multiple combinations of different connection modes can also be provided”) for use in extending a rod (50, see Figs. 32, 34, 36) in an existing spinal construct (50 and 60), comprising: a plurality of modular rod extenders (1200, 1500, 1600, see Figs. 28, 33, and 35) each comprising an extender body (1512) comprising a modular attachment feature (1220, 1520, 1620) at one end (see Figs. 28, 33, and 35) and an extension rod (1210, 1510, 1610) extending from an opposite end (see Figs. 28, 33, and 35), the modular attachment feature of each modular rod extender having a central bore (see para. [0135] “generally hollow body”) that has a lower portion (see annotated Fig. 28 above) and an upper portion (see annotated Fig. 28 above), each lower portion having a lower opening adjacent a bottom surface of said extender body (see para. [0137] “Connection point 1314 is sized to fit into connection point 1220”) a head (see annotated Fig. 30 below), said lower opening of each modular rod extender being configured to receive (see para. [0137] “Connection point 1314 is sized to fit into connection point 1220”) a head (see annotated Fig. 30 below) of a component (1300) of a rod connector (1320) that is connectable to said rod of said existing spinal construct (via 1324, see Figs. 30 and 32), the dimension of said lower opening of each modular rod extender being the same (see Figs. 32, 34, and 36, note that each of the lower openings is configured to receive the same spherical head of 1314), and a plurality of rod connectors (1300, 1400, see Figs. 30 and 31) each comprising an attachment portion (1322, 1422) having a rod receiving opening (1324, 1424) for receipt of a portion of said rod of said existing spinal construct (see Figs. 30-31, see para. [0138]), each rod connector comprising an elongate post projecting from said rod connector (see annotated Figs. 30-31 above) and having a post axis extending therethrough (e.g. longitudinal axis of 1422), each said post including a head having a partial spherical surface (see annotated Figs. 30-31 above) defining a diameter (e.g. diameter of the heads, see Figs. 30-31), the diameter of each head being the same for selective receipt into the lower opening of a chosen modular rod extender (see Figs. 30-31).
Murray fails to explicitly disclose, in the embodiment shown in Figs. 30-31, regarding claim 6, the rod receiving opening of each attachment portion of each rod connector being different for selective individual receipt of portions of existing rods having different diameters; the attachment portion of each rod connector including a pair of hooks that are spaced from each other at a distance defining said rod receiving opening for receipt therebetween of a portion of a selected existing rod, each hook terminating in a rod engagement portion that extends transversely across said post axis, and regarding claim 7, wherein a selected existing rod of said spinal construct has a rod axis, wherein the attachment portion of each rod connector including said pair of hook is rotatable about said post axis for positioning said rod engagement portions below a selected existing rod and across said rod axis.
Murray discloses in an alternative embodiment shown in Figures 37-40, wherein the attachment portion (1712) of each rod connector (1700) including a pair of hooks (1714, 1716) that are spaced from each other at a distance defining said rod receiving opening for receipt therebetween (1718) of a portion of a selected existing rod (50, see Fig. 40, see para. [0145]), each hook terminating in a rod engagement portion that extends transversely across said post axis (see annotated Fig. 37 below), wherein a selected existing rod (50) of said spinal construct has a rod axis (e.g. longitudinal axis of 50), wherein the attachment portion of each rod connector including said pair of hook is rotatable about said post axis for positioning said rod engagement portions below a selected existing rod and across said rod axis (see paras. [0144] and [0147]) in order to enable an existing rod to be connected / retained within the attachment portion prior to being subsequently locked in place by using a twisting connection (see para. [0044]).
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Bootwala discloses spinal connector (400, see Fig. 4A) with a recess (448) defined between arms (442) of the clamping member (408), wherein a plurality of clamping members (408), each having recesses (448) with different sizes or shapes, can be provided as part of a kit in order to allow for selection of a clamping member sized and shaped appropriately for a particular application (see para. [0104]).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the attachment portion in the embodiment shown in Figures 30-31 in Murray to have a pair of hooks that are spaced from each other at a distance defining said rod receiving opening for receipt therebetween of a portion of a selected existing rod, each hook terminating in a rod engagement portion that extends transversely across said post axis, wherein a selected existing rod of said spinal construct has a rod axis, wherein the attachment portion of each rod connector including said pair of hook is rotatable about said post axis for positioning said rod engagement portions below a selected existing rod and across said rod axis in view of the alternative embodiment shown in Figures 37-40 of Murray in order to in order to enable an existing rod to be connected / retained within the attachment portion prior to being subsequently locked in place by using a twisting connection. And it would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the kit and rod receiving openings of each attachment portion of the rod connectors in Murray to be different for selective individual receipt of portions of existing rods having different diameters in view of Bootwala in order to allow for selection of a clamping member sized and shaped appropriately for a particular application.
Claim(s) 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Murray in view of Bootwala, as applied to claim 6 above, and in further view of Kretzer et al. (U.S. Pub. No. 2014/0277163 A1, hereinafter “Kretzer”).
Murray in view of Bootwala discloses all of the features of the claimed invention, as previously set forth above, and further discloses, regarding claim 8, wherein a rod connector (1400, see Fig. 31) of the plurality of rod connectors has a post opening (1418, see Fig. 31, see also para. [0139]) formed into said attachment portion (see Fig. 31, see also para. [0139]), the post opening being in communication with a respective rod receiving opening (see Fig. 31, see also para. [0139]), and wherein the elongate post of the rod connector is movably supported within said respective post opening for contact with a portion of a respective existing rod (see Fig. 31, see also para. [0139]); and regarding claim 9, wherein the post opening (1418) of the rod connector is threaded (see Fig. 31, see also para. [0139]), and wherein the elongate post includes a threaded portion opposite the head of the elongate post (see Fig. 31, see also para. [0139]), the threaded portion being threadably received in a respective threaded post opening of the rod connector (see Fig. 31, see also para. [0139]).
Murray in view of Bootwala fails to disclose, regarding claim 8, wherein each rod connector of the plurality of rod connectors has a post opening that is threaded and wherein each post includes a threaded portion.
Kretzer discloses a modular rod extender (see Fig. 5) with a rod connector (80, see Fig. 1), wherein the post is threaded (93) and the rod connector (89) includes a threaded opening (87) in order to provide an additional modular rod extender that enables the post of the rod connector to be used to provide secure fixation a rod within the recess (see para. [0042]).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the kit in Murray in view of Bootwala to include an additional / plurality of rod connectors with a threaded opening and a threaded post in further view of Kretzer in order to provide an additional modular rod extender that enables the post of the rod connector to be used to provide secure fixation a rod within the recess.
Claim(s) 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Murray in view of Bootwala, as applied to claim 6 above, and in further view of Armstrong et al. (U.S. Pub. No. 2018/0116695 A1, hereinafter “Armstrong”).
Murray in view of Bootwala discloses all of the features of the claimed invention, as previously set forth above, except regarding claim 13, wherein each modular rod extender further comprises an expandable and contractible socket collar disposed exclusively within said lower opening of each modular rod extender for axial movement therewithin, each socket collar being of size and configuration to not pass through said lower opening, and wherein each of said modular rod extenders further comprises a crown separate from said socket collar and movably disposed within said central bore, said crown including a lower surface for direct contact with the head of said post of a selected rod connector; and regarding claim 14, wherein each modular rod extender further includes a locking element receivable within said central bore, said locking element having a lower surface configured to directly engage an upper end of said crown.
Armstrong discloses a rod extender (762, see Fig. 13) with a modular attachment feature , wherein the modular attachment feature (702) includes an expandable and contractible socket collar (712, see Fig. 13, see para. [0089] “facilitates expansion and contraction”) disposed exclusively within said lower opening of each modular rod extender for axial movement therewithin (710, see Fig. 14, see paras. [0089]-[0090]), each socket collar being of size and configuration to not pass through said lower opening (see Figs. 13-14, note that gap 714 enables the collar 712 to expand into channel 716 and along with the lip forming the base of the channel 716, the presence of the head 802, prevents the collar 712 from passing through the lower opening); and each modular rod extender further including a crown separate (724) from said socket collar and movably disposed within said central bore (see Figs. 13-14), said crown including a lower surface (734) for direct contact with the head (802) of such rod connector component (see Fig. 13, see para. [0092]); and wherein each modular rod extender further includes a locking element (754) receivable within said central bore (see Fig. 13), said locking element having a lower surface configured to directly engage an upper end of said crown (732, see Fig. 13), each locking element upon movement toward said lower portion of said central bore causing said socket collar to be compressed between the head of said elongate post and said chosen modular rod extender at the lower portion of said central bore (see Figs. 13-14, see para. [0090]) in order to enable a non-instrumented bottom loading assembly of the head of a connector into the rod extender as well as providing capturing and retention of the head of a connector in the desired orientation (see paras. [0090], and [0095]-[0096]).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify modular attachment feature in Murray in view of Bootwala to include an expandable and contractible socket collar disposed exclusively within a lower opening and to include a crown movably disposed within said central bore with a lower surface for direct contact with the head and to include a locking element in further view of Armstrong in order to enable a non-instrumented bottom loading assembly of the head of a connector into the rod extender as well as providing capturing and retention of the head of a connector in the desired orientation.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-9, 11-15 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.
Claims 1, 4 and 15 rely on new reference Armstrong, not previously relied upon, to disclose the matter specifically challenged in the argument, e.g. the expandable and contractible socket collar and crown.
Claim 6 relies on an alternative embodiment in Murray, not previously relied upon, to disclose the matter specifically challenged in the argument, e.g. the pair of hooks spaced from each other at a distance defining the rod receiving opening for receipt therebetween of a portion of a selected existing rod, each hook terminating in a rod engagement portion that extends transversely across said post axis.
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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/M.C.G/ Examiner, Art Unit 3773 /EDUARDO C ROBERT/ Supervisory Patent Examiner, Art Unit 3773