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 .
Election/Restrictions
Applicant’s election without traverse of Group I in the reply filed on February 25, 2026 is acknowledged.
Claims 13-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. As such, claims 1-12 are pending in the instant application.
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.
Claim 12 is 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.
Claim 12 recites “wherein a second surface of the spacer comprises one or more cutouts.” However, claim 1 is silent regarding “a first surface”. It is unclear to which surface “a second surface” refers. Examiner withdrew this claim from examination.
Claim Rejections - 35 USC § 102
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) 1-3, 8-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhang et al. (US 2008/0317812), hereinafter “Zhang”.
Regarding claim 1, Zhang discloses an orthopedic spacer assembly (10), comprising: a bone plate (12) including a first end portion and a second end portion, the second end portion defining a plurality of anchor openings (22); and a spacer (16) having a c-shaped body (at 32, FIG. 3) and comprising a central bore (28) extending through a thickness of the spacer, the spacer configured to be disposed between the bone plate and a subject's bone such that the central bore of the spacer aligns with an anchor opening of the plurality of anchor openings (FIGS. 1-2).
Regarding claim 2, Zhang discloses the orthopedic spacer assembly of claim 1, wherein the spacer comprises a first surface and a second surface separated by a sidewall (see Figure A below), and wherein the first surface has a convex shape (see Figure A below).
Regarding claim 3, Zhang discloses the orthopedic spacer assembly of claim 2, wherein the side wall is circular (see Figure A below).
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Figure A: Spacer of Zhang.
Regarding claim 8, Zhang discloses the orthopedic spacer assembly of claim 1, wherein the spacer comprises an opening (at 26, portion absent protrusion 32) extending from the central bore to a radially outer edge of the spacer.
Regarding claim 9, Zhang discloses the orthopedic spacer assembly of claim 1, wherein a thickness of the spacer is between 1 mm and 10 mm.
Regarding claim 10, Zhang discloses the orthopedic spacer assembly of claim 1, wherein the spacer is a first spacer and the assembly further comprises a second spacer (disposed in other hole 22) configured to be disposed between the bone plate and the subject's bone such that the central bore of the second spacer aligns with another of the anchor openings of the plurality of anchor openings (FIG. 1).
Regarding claim 11, Zhang discloses the orthopedic spacer assembly of claim 1, wherein the spacer is configured to be disposed at least partially around a fastener extending through the anchor opening (FIG. 2).
Allowable Subject Matter
Claims 4-7 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Zhang discloses an orthopedic spacer assembly (10), comprising: a bone plate (12) including a first end portion and a second end portion, the second end portion defining a plurality of anchor openings (22); and a spacer (16) having a c-shaped body (at 32, FIG. 3) and comprising a central bore (28) extending through a thickness of the spacer, the spacer configured to be disposed between the bone plate and a subject's bone such that the central bore of the spacer aligns with an anchor opening of the plurality of anchor openings (FIGS. 1-2), wherein the spacer comprises a first surface and a second surface separated by a sidewall (see Figure A above), and wherein the first surface has a convex shape (see Figure A above).
However, the prior art, alone or in combination, fails to teach wherein the central bore tapers from a first opening having a first diameter to a second opening having a second diameter greater than the first diameter, or wherein the sidewall comprises a slot extending radially inwardly toward the central bore, wherein the slot is configured to engage a positioning tool configured to position the spacer between the bone plate and a bone portion, or wherein the first surface of the spacer is configured to be positioned adjacent the bone plate and wherein the second surface is configured to be positioned against a bone portion.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLIVIA C CHANG whose telephone number is (571) 270-5017. The examiner can normally be reached Monday-Friday, 7:30AM-5:00PM.
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, KEVIN TRUONG, at (571) 272-4705. The fax phone number for the organization where this application or proceeding is assigned is 571 -273-8300.
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/OLIVIA C CHANG/Primary Examiner, Art Unit 3775