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 § 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) 1-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Van Segesser (US Pub 2010/0036307).
With respect to claim 1, Von Segesser discloses a flexible tubular member (See fig 1A and 1B below) for guiding insertion of instrumentation (paragraph 111, creates an access for insertion) to a bone screw (can be used for bone procedures, paragraph 98 discloses the member can be varied in size for different procedures) affixed within bone, comprising: a tubular body (fig 1A, 4) that is flexible and constructed of textile material (paragraph 96, flexible textile materials), the tubular body defining a longitudinal axis and a proximal end and a distal end opposite each other along the longitudinal axis (fig 1A), the tubular body defining a guide channel (lumen in the tube) that extends from a proximal opening (fig 1 bottom) at the proximal end to a distal opening (fig 2 at the end before the attachment member) at the distal end; and an attachment member (fig 1A, 10) located at the distal end of the tubular body and configured to couple the distal end of the tubular body to a proximal portion of the bone screw (smaller diameter and flexible nature would allow the screw head to be held paragraph 175 discloses holding instruments (mandrel) in the tip), the attachment member defining an annular ring shape (fig 1A, 9) around the guide channel, wherein the attachment member defines an inner diameter such that a maximum of the inner diameter of the attachment member is less than an average inner diameter of a portion the tubular body extending from the proximal end of the attachment member (see figure 1B below the average diameter of the tubular body shown in 1B (parts 4 and 5) have a larger average diameter than 10) when the tubular body is in a neutral configuration free of external forces (fig 1A), and the attachment member is configured to expand responsive to a predetermined tensile force applied to the tubular body for decoupling the tubular body from the bone screw (paragraph 95 removable). With respect to claim 2, Von Segesser discloses wherein the tubular body is expandable along a radial direction perpendicular to the longitudinal axis while maintaining a substantially constant length along a longitudinal direction oriented along the longitudinal axis (fig 7A-7C). With respect to claim 3, Von Segesser discloses wherein the textile material is one or more of woven, braided, knitted, and electrospun (paragraph 97). With respect to claim 4, Von Segesser discloses wherein the attachment member is configured to couple to the bone screw at a location thereof distally spaced from a maximum width of a head of the bone screw the tapered shape would allow the attachment member to hold the shaft of the screw). With respect to claim 5, Von Segesser discloses wherein the attachment member is configured to undergo mechanical failure during the expansion responsive to the predetermined tensile force (paragraph 175 can have a slit design that spread apart when loaded). With respect to claim 6, Von Segesser discloses wherein the attachment member possesses material properties that are different than material properties of the tubular body (fig 1A paragraph 98 for the tube and paragraph 100 for the attachment member). With respect to claim 7, Von Segesser discloses wherein the attachment member is separate from and connected to the tubular body (paragraph 95 removable). With respect to claim 8, Von Segesser discloses wherein the attachment member comprises a spring member that is expandable responsive to the predetermined tensile force (paragraph 175 reactive to force). With respect to claim 9, Von Segesser discloses wherein the spring member need not undergo a mode of mechanical failure to expand responsive to the predetermined tensile force (paragraph 176 spring). With respect to claim 10, Von Segesser discloses wherein the attachment member is defined by a material configured to be applied in a liquid or semi-liquid phase in a ring annularly around the guide channel at the distal end and further configured to harden into a solid phase to define the attachment member (paragraph 100 potted with epoxy With respect to claim 11, Von Segesser discloses wherein the attachment member is defined by a portion of the tubular body that is at least substantially melted (paragraph 137 melt spinning). With respect to claim 12, Von Segesser discloses wherein the portion is substantially melted (paragraph 137)into a ring annularly (fig 1A)around the guide channel at the distal end and solidified to define the attachment member. With respect to claim 13, Von Segesser discloses wherein the tubular body is configured to lay flat when in a resting configuration when the guide channel is unoccupied paragraph 115 low profile can be rested flat on a surface). With respect to claim 14, Von Segesser discloses wherein the tubular body defines a moisture barrier (paragraph 100, water tight coating) between soft tissue and the guide channel. With respect to claim 15, Von Segesser discloses wherein the textile material is at least partially visible under magnetic resonance imagery (MRI) (paragraph 96 the textile can be a metal textile). With respect to claim 16, Von Segesser discloses wherein the inner diameter of the attachment member is less than a minimum inner diameter of a portion of the tubular body extending from the proximal end to the attachment member when the tubular body is in the neutral configuration (the whole attachment member tapers from the width of the tube to the smallest diameter).
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Response to Arguments
Applicant's arguments filed 12/4/2025 have been fully considered but they are not persuasive. The applicant argues that Von Segesser does not disclose the maximum inner diameter of the attachment member has a diameter that is less than the average inner diameter of the tubular body. The examiner respectfully disagrees. As shown in the modified rejection above figure 1B of Von Segesser discloses a tubular member with two diameters the average of the diameters would be larger than the maximum inner diameter of the attachment since the largest diameter of the attachment is equal to the smallest diameter of the tubular body. To overcome Von Segesser the examiner suggests claiming that the attachment member has a constant diameter.
The rejection is deemed proper.
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 STEVEN J COTRONEO whose telephone number is (571)270-7388. The examiner can normally be reached Monday-Friday 9am-5pm EST.
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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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/S.J.C/Examiner, Art Unit 3773 /EDUARDO C ROBERT/Supervisory Patent Examiner, Art Unit 3773
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