Prosecution Insights
Last updated: April 19, 2026
Application No. 18/554,639

Mold for the forming of a spacer device for the replacement of an articular prosthesis

Non-Final OA §102§103
Filed
Oct 10, 2023
Examiner
BEHA, CAROLINE
Art Unit
1748
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Cossington Limited
OA Round
1 (Non-Final)
58%
Grant Probability
Moderate
1-2
OA Rounds
3y 5m
To Grant
84%
With Interview

Examiner Intelligence

Grants 58% of resolved cases
58%
Career Allow Rate
138 granted / 238 resolved
-7.0% vs TC avg
Strong +26% interview lift
Without
With
+25.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
49 currently pending
Career history
287
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
61.5%
+21.5% vs TC avg
§102
15.3%
-24.7% vs TC avg
§112
15.7%
-24.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 238 resolved cases

Office Action

§102 §103
DETAILED ACTION The communication dated 12/3/2025 has been entered and fully considered. Claims 1-34 have been cancelled. Claims 35-67 are pending. Claims 36, 38 and 61-67 have been withdrawn from further consideration. 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, claims 35, 37 and 39-60, in the reply filed on 12/3/2025 is acknowledged. Claims 36, 38 and 61-67 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/3/2025. Claim Objections Claim 37 objected to because of the following informalities: “the channel” should read “the at least one channel”. Appropriate correction is required. 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 35, 37, 39-40 and 46-47 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Vogt et al. (U.S. PGPUB 2022/0015911), hereinafter VOGT. Regarding claim 35, VOGT teaches: A mold for forming a spacer device for replacing a joint prosthesis (VOGT teaches a mold for producing a spacer [Abstract]), comprising: a first half-shell providing a lower body comprising a first forming surface delimited by a first perimeter edge and shaped to mold at least a first portion of the spacer device (VOGT teaches a first half-shell (casting mold lower part 1) providing a cavity (2) for receiving bone cement paste (36) and for forming part of the surface of the spacer (42) to be produced is arranged in the casting mold lower part (1) [0168; Fig. 4]. VOGT teaches the cavity (2) can shape one half of the spacer (42) [0168; Fig. 4]. VOGT teaches a casting mold wall (3), which extends the hollow space formed by the cavity (2) with an interior (4), may be arranged at the edge of the cavity (2) [0168; Fig. 4]. VOGT teaches the walls of the casting mold wall (3) may be oriented parallel to one another, such that the casting mold wall (3) has a generally cylindrical geometry, wherein the base area of the general cylinder is defined by the area which delimits the edge of the cavity (2) [0168; Fig. 4]. VOGT teaches a limit stop (20) may be arranged as a peripheral strip-shaped edge projecting out perpendicularly from the casting mold wall (3) on the side of the casting mold wall (3) remote from the cavity (2) [0179].); and a second half-shell providing an upper body comprising a second forming surface delimited by a second perimeter edge and shaped to mold at least a second portion of the spacer device (VOGT teaches a second half-shell (casting mold upper part 5) [0169; Fig. 4]. VOGT teaches the casting mold upper part (5) has at the bottom thereof a shaping surface (6), with which a further part of the surface of the spacer (42) to be produced is shapeable [0169; Fig. 4]. VOGT teaches an internal wall (11), which delimits the container (7), may start from and extend away from the back face of the shaping surface (6) [0171; Fig. 4]. VOGT teaches the casting mold upper part (5) may have a mating stop (22) in the form of a peripheral edge which projects out perpendicularly from the internal wall (11) and is arranged on the side of the internal wall (11) opposite from the shaping surface (6) [0179].), wherein the first half-shell and the second half-shell are configured to be removably coupled, so as to define for the mold a closed configuration and delimit therebetween at the first forming surface, the second forming surface, the first perimeter edge, and the second perimeter edge (VOGT teaches the casting mold upper part (5) can be inserted with a perfect fit into the casting mold wall (3) of the casting mold lower part (1) and the bone cement paste (36) accordingly collected from the inside of the casting mold wall (2) and pressed into the cavity (2) and the shaping surface (6) [0171; Fig. 4]. VOGT teaches the spacer (42) is demolded by being detached from the casting mold lower part (1) and the casting mold upper part (5) [0186].), a cavity corresponding to an external configuration of the spacer device, wherein the first perimeter edge is arranged to abut and come into contact, in use, with the second perimeter edge (VOGT teaches the limit stop (20), the mating stop (22) and the lid edge (24) project out from the adjoining parts at an angle, the shape of the casting mold lower part (1), the casting mold upper part (5) and the lid (9) is mechanically stabilized in the assembled state [0179; Fig. 1].), wherein at least one of the first perimeter edge or the second perimeter edge is an abutting cutting edge (VOGT teaches the internal wall can provide a flat seal against the casting mold wall [0041]. VOGT teaches the casting mold upper part can be linearly displaced in the casting mold wall and, apart from the at least one opening, simultaneously seal the hollow space at the top [0037].), so as to cut and/or eliminate in use any molding burrs caused by a forming of the spacer device when the mold is in the closed configuration (VOGT teaches provision may be made for the internal wall and the casting mold wall to rest flush against one another when the casting mold upper part is pushed into the casting mold wall and/or the internal wall forms a seal against the casting mold wall for the bone cement paste when the casting mold upper part is pushed into the casting mold wall [0046].), wherein at least one of the first perimeter edge or the second perimeter is raised with respect to the first half-shell and to the second half-shell, respectively (VOGT teaches a limit stop (20) may be arranged as a peripheral strip-shaped edge projecting out perpendicularly from the casting mold wall (3) on the side of the casting mold wall (3) remote from the cavity (2) [0179]. VOGT teaches the casting mold upper part (5) may have a mating stop (22) in the form of a peripheral edge which projects out perpendicularly from the internal wall (11) and is arranged on the side of the internal wall (11) opposite from the shaping surface (6) [0179].), and wherein the first perimeter edge is continuous along all the first forming surface and the second perimeter edge is continuous along all the second forming surface (VOGT shows the first perimeter edge (20) in the casting mold lower part (1) is continuous along all of the first forming surface (4) [Fig. 4; 0179] and the second perimeter edge (22) in the casting mold upper part (5) is continuous along all of the first forming surface (6) [0179; Fig. 4].). Regarding claim 37, VOGT teaches: wherein the mold further comprises at least one channel adjacent to at least one of the first perimeter edge or the second perimeter edge, and/or to at least one of the first forming surface or the second forming surface, and wherein the channel is configured to receive in use forming material in excess for the spacer device (VOGT teaches openings (108), in the form of channels in an internal wall (111) of the casing mold upper part (105), which provide a through connection for the excess bone cement paste (38) from the side of the shaping surface (106) to the container (107) [0212; Fig. 29].). Regarding claim 39, VOGT teaches: wherein the first perimeter edge abuts against or mates with the second perimeter edge (VOGT teaches the first perimeter edge (20) and the second perimeter edge (22) mate [0179].), and wherein the first perimeter edge has a minimum contact surface with the second perimeter edge (VOGT teaches the first perimeter edge can limit the contact surface [0179].). Regarding claim 40, VOGT teaches: wherein the first perimeter edge and the second perimeter edge have flat abutting surfaces which come into direct contact with each other (VOGT teaches the first perimeter edge (20) and the second perimeter edge (22) have flat abutting surface which come into direct contact with each other [Fig. 7; 0179].), wherein the flat abutting surfaces are parallel to a support plane for the mold or have a same inclination, with respect to the cavity, wherein the flat abutment surfaces are both inclined, one toward an outside of the cavity and the other towards an inside of the cavity, or wherein is provided one of the first perimeter edge or the second perimeter edge has a flat abutment surface and the other of the first perimeter edge or the second perimeter edge has an abutment seat shaped as an acceptance or housing area for the abutment surface (VOGT teaches the abutting surfaces are flat and one has a seat shaped as an acceptance or housing area for the abutment surface [Fig. 7; 0179].). Regarding claim 46, VOGT teaches: wherein the cavity and the first forming surface and/or the second forming surface has a plan conformation that is rectangular, oval or C shaped, corresponding to a conformation of a tibial spacer device or femoral spacer device (VOGT teaches that the device should be able to produce the tibial and femoral components of knee spaces using bone cement [0019; 0032].). Regarding claim 47, VOGT teaches: wherein the mold further comprises an additional cavity configured to form a stem of a tibial spacer device (VOGT teaches a region of the cavity for molding a stem of the spacer [0079].), the additional cavity being defined at the first forming surface, wherein the additional cavity and the cavity are contiguous to each other and in fluid connection (VOGT shows the cavities would be contiguous to each other and in fluid connection [Fig. 8].). Claim Rejections - 35 USC § 103 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 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) 41-42 and 59 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vogt et al. (U.S. PGPUB 2022/0015911), hereinafter VOGT, in view of Cappelletti (U.S. PGPUB 2019/0134857), hereinafter CAPPELLETTI. Regarding claim 41, VOGT teaches all of the claimed limitations as stated above, but is silent as to: further comprising a removable constraining structure provided in the second half-shell and/or in the first half-shell, the removable constraining structure being configured to removably constrain the first half-shell with the second half-shell. In the same field of endeavor, molding, CAPPELLETTI teaches a removable constraining structure (14) configured to engage the rigid container body and the rigid cover [0046; Fig. 1]. It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the applicant’s invention to modify VOGT, by having removable constraining structures, as suggested by CAPPELLETTI, in order to delimit the cavity of a finite size [0045]. Regarding claim 42, CAPPELLETTI further teaches: wherein the removable constraining structure is equipped with coupling means provided at the second half-shell and adapted to removably engage the coupling means in an engagement seat, the coupling means being configured to engage a tooth or protrusion element provided in the first half-shell, or vice versa (CAPPELLETTI teaches the engagement means (14) have male engagement means (15) in the first half-shell (3) and female (16) engagement means in the second half-shell (2) [Fig. 1; 0045-0047].). Regarding claim 59, VOGT teaches all of the claimed limitations as stated above, but is silent as to: further comprising a hinge positioned in the first half-shell and/or in the second half-shell, and wherein the hinge enables a reciprocal rotation of the second half-shell and the first half-shell. In the same field of endeavor, molding, CAPPELLETTI further teaches: further comprising a hinge positioned in the first half-shell and/or in the second half-shell, and wherein the hinge enables a reciprocal rotation of the second half-shell and the first half-shell (CAPPELLETTI teaches the body (2) and the cover (3) are hinged with each at the respective bases (12, 13) [0048].). It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the applicant’s invention to modify VOGT, by having hinges to close the molds, as suggested by CAPPELLETTI, as it’s a known method in the art. See KSR Int'l Co. v. Teleflex Inc., 127 S.Ct. 1727, 82 USPQ2d 1385 (2007) ("The combination of familiar elements according to known methods is likely to be obvious when it does no more than yield predictable results.") Claim(s) 43, 45 and 48-57 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vogt et al. (U.S. PGPUB 2022/0015911), hereinafter VOGT, and Cappelletti (U.S. PGPUB 2019/0134857), hereinafter CAPPELLETTI, as applied to claim 41 above, and further in view of Vogt et al. (U.S. PGPUB 2021/0290395), VOGT 2. Regarding claim 43, VOGT and CAPPELLETTI teach of the claimed limitations as stated above, but are silent as to: further comprising a handle configured to be gripped for bringing the second half-shell in abutment against the first half-shell and to apply a force to compress a material that will constitute the spacer device, wherein the handle is placed at the second half-shell and/or is removable. In the same field of endeavor, molding, VOGT 2 teaches a handle (16) for gripping and bringing the molds together [Fig. 18; 0277-0279]. VOGT 2 teaches the handle is removable [0278] and is on the second mold (194) [Fig. 18; 0276]. It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the applicant’s invention to modify VOGT and CAPPELLETTI, by having a handle for gripping the molds and compressing, as suggested by VOGT 2, in order to push to a desired heigh or depth [0141]. Regarding claim 45, VOGT 2 further teaches: wherein the handle has an elongated conformation (VOGT 2 shows the handle (16, 76, 176) has an elongated conformation [Figs. 7, 10, 18].), with an oblong longitudinal cross-section, with rounded edges and with a polygonal lateral cross section (VOGT 2 shows the handle (16, 76, 176) has an oblong longitudinal cross-section with rounded edges with a polygonal lateral cross section [Figs. 7, 10, 18].), and wherein the handle internally comprises a reinforcing member (VOGT 2 shows an internally reinforcing member and it can also be interpreted (14) is a reinforcing member [Fig. 10].). Regarding claim 48, VOGT teaches all of the claimed limitations as stated above, but is silent as to: wherein the first half-shell and/or the second half-shell has a box-shaped conformation, or has a polyhedron, parallelepiped, or cylindrical conformation, and wherein the first half-shell comprises an upper face configured to house the first forming surface and a lateral wall that extends along a perimeter of the upper face, and wherein the second half-shell comprises a lower face configured to house the second forming surface and a side wall that extends along a perimeter of the lower face. In the same field of endeavor, molding CAPPELLETTI teaches: wherein the first half-shell and/or the second half-shell has a box-shaped conformation, or has a polyhedron, parallelepiped, or cylindrical conformation (CAPPELLETTI teaches the rigid body or cover (2, 3) has a polyhedron conformation [Fig. 4].), and wherein the first half-shell comprises an upper face configured to house the first forming surface and a lateral wall that extends along a perimeter of the upper face (CAPPELLETTI shows the body or cover (2, 3) having an upper face (12c, 13c to house the forming surface and a later wall that extends along a perimeter of the upper face [0049; Figs. 1-4].), and wherein the second half-shell comprises a lower face configured to house the second forming surface and a side wall that extends along a perimeter of the lower face (CAPPELLETTI shows the body or cover (2, 3) having a lower face to house the second forming surface (12c, 13c) and a side wall (12a, 13a) that extends along a perimeter of the lower face [0049; Figs. 1-4].). It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the applicant’s invention to modify VOGT, by having a polyhedron conformation with forming surfaces, as suggested by CAPPELLETTI, in order to separate distinctly from the bone cement in the cavity [0045]. Regarding claim 49, CAPPELLETTI further teaches: wherein the first forming surface comprises a base in recess with respect to the upper face (CAPPELLETTI teaches a base (12, 13) in recess with respect to the upper face [Figs. 1-4; 0044].), wherein the first forming surface comprises a base in recess with respect to the first perimeter edge, and/or wherein the first forming surface comprises a lateral surface that extends along a perimeter of the base up to the first perimeter edge perpendicularly or inclined towards an outside with respect to the base (CAPPELLETTI teaches the first forming surface (6, 8, 9, 10) has a lateral surface that extends along a perimeter of the base (12, 13) up to the perimeter edge (5, 7) [Figs. 1-4].). Regarding claim 50, CAPPELLETTI further teaches: wherein the base comprises a plurality of ribs configured to form respective longitudinal grooves in the spacer device (CAPPELLETTI teaches a plurality of ribs (17) [Fig. 2; 0049].). It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the applicant’s invention to modify VOGT, by having a plurality of ribs, as suggested by CAPPELLETTI, so that the mold is elastically undeformable although being made with a reduced quantity of material [0049]. Regarding claim 51, CAPPELLETTI further teaches: wherein the first perimeter edge is connected to the upper face by a raised wall which is inclined or perpendicular with respect to the upper face (CAPPELLETTI teaches the first perimeter wall (5, 7) is connected to the upper face by raised wall which is inclined or perpendicular with respect to the upper face (12c, 13c) [0049; Fig. 3].). Regarding claim 52, CAPPELLETTI further teaches: wherein the second forming surface comprises a base rising with respect to the lower face and at least partially in recess with respect to the second perimeter edge, and/or wherein the second forming surface comprises a lateral surface that extends along a perimeter of the base up to the second perimeter edge perpendicularly or inclined towards the outside with respect to the base (CAPPELLETTI teaches the second forming surface (6, 8) comprises a base rising with respect to the lower face (12c, 13c) and at least partially in recess with respect to the second perimeter edge (5, 7) [Figs. 1-4; 0049].). Regarding claim 53, CAPPELLETTI further teaches: wherein at the base there is a longitudinal central recess configured to correspond to a protrusion with a rectangular base that is present at an upper face of a tibial knee spacer device, or wherein at the base there is a longitudinal central rib configured to correspond to a recess with a rectangular base present at a lower face of a femoral knee spacer device (CAPPELLETTI teaches a central recessed portion (32a) is provided at the upper face of a tibial knee spacer device [0076; Fig. 14].). It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the applicant’s invention to modify VOGT, by having a central recess in the upper face, as suggested by CAPPELLETTI, in order for relief [0076]. Regarding claim 54, VOGT teaches: wherein the first forming surface comprises a stem portion, a head portion, and a connecting portion between the stem portion and the head portion (VOGT shows each mold forming surface has a head portion and a stem portion and both are connected in the mold [Fig. 22]), and wherein the second forming surface comprises a stem portion, a head portion, and a connecting portion between the stem portion and the head portion of the second forming surface, so as to form the cavity between the first and the second forming surface (VOGT shows each mold forming surface has a head portion and a stem portion and both are connected in the mold [Fig. 22]). Regarding claim 54, CAPPELLETTI further teaches: wherein the first forming surface comprises a stem portion, a head portion, and a connecting portion between the stem portion and the head portion, and wherein the second forming surface comprises a stem portion, a head portion, and a connecting portion between the stem portion and the head portion of the second forming surface, so as to form the cavity between the first and the second forming surface (CAPPELETTI teaches each forming surface (6, 8) has a stem portion (9, 9’), a head portion (10, 10’) and a connecting portion (11, 11’), which forms a cavity (4) [Fig. 1; 0036; 0040-0041].). Regarding claim 55, CAPPELLETTI further teaches: wherein at the side wall of the first half-shell and at the side wall of the second half-shell there is respectively a front area and a rear area, wherein the rear is opposite to the front area, wherein the mold comprises the handle at the front area, or the removable constraining structure at the front area (CAPPELLETTI teaches side walls (12b, 13b), which the front can be interpreted to be where the head portion (10, 10’) is and the read can be the bottom of the stem area (9, 9’) and CAPPELLETTI shows the removable constraining structure is at the front area (15, 16) [Fig. 1; 0049].). Regarding claim 56, CAPPELLETTI further teaches: wherein the engagement seat is located at the front area of the side wall of the first half-shell, wherein a trigger element and/or a tooth or protrusion element is placed at the front area of the second half-shell and/or at the handle, or vice-versa (CAPPELLETTI teaches the engagement seat (16) is located at the front area of the first half shell (2) wherein a protrusion element (15) is placed at the front area of the second half-shell (3) [Fig. 1].). Regarding claim 57, CAPPELLETTI further teaches: wherein the removable constraining structure and/or the coupling means comprise a bracket configured adapted to carry the tooth or protrusion element (CAPPELLETTI shows the coupling means to carry the protrusion element is a bracket [Figs. 1-4].), wherein the bracket has an elongated conformation which departs from the second half-shell or from the handle for a length sufficient to bring the tooth or protrusion element at the engagement seat when the second half- shell is brought into abutment against the first half-shell to close the mold (CAPPELLETTI shows the female engagement means (16) has an elongated conformation which departs from the second half-shell (2) for a length sufficient to bring the protrusion element (15) at the engagement seat when the second half-shell (2) is brought into abutment against the first half-shell (3) to close the mold [Figs. 1-4; 0047].). Claim(s) 44 and 58 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vogt et al. (U.S. PGPUB 2022/0015911), hereinafter VOGT, Cappelletti (U.S. PGPUB 2019/0134857), hereinafter CAPPELLETTI, and Vogt et al. (U.S. PGPUB 2021/0290395), VOGT 2, as applied to claim 43 and 57 above, and further in view of STOLARSKI et al. (U.S. PGPUB 2012/0256344), hereinafter STOLARSKI. Regarding claim 44, VOGT, CAPPELLETTI and VOGT 2 teach all of the claimed limitations as stated above, but are silent as to: wherein the removable constraining structure comprises a trigger placed at the handle. In the same field of endeavor, molding STOLARSKI teaches a connection means with releasably engagement mechanism (56) with a locking tab, which the Examiner is interpreting as trigger [Fig. 4; 0034]. It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the applicant’s invention to modify VOGT, CAPPELLETTI, and VOGT 2, by having a trigger on a handle, as suggested by STOLARKSI, for releasability [0034]. Regarding claim 58, VOGT, CAPPELLETTI and VOGT 2 teach all of the claimed limitations as stated above, but are silent as to: wherein the bracket has a first end constrained to the second half-shell or to the handle and a second end, opposite to the first end and further distanced from the first end with respect to the second half-shell, wherein the bracket has a first face facing, in use, the first half-shell and a second face, opposite to the first face, wherein the tooth or protrusion element and/or the engagement seat is positioned at the second end and/or the first face, and wherein the trigger is positioned at the second face of the bracket or at the handle. In the same field of endeavor, molding STOLARSKI teaches a bracket that has a first end (56a/56b) constrained to a the second half-shell and a second end, opposite to the first end and further distanced from the first end with respect to the second half-shell, wherein the bracket has a first face and a second face and the protrusion element or engagement seat is positioned at the second or first face and the trigger is positioned at the second face of the bracket or handle [Fig. 4; 0034-0036]. It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the applicant’s invention to modify VOGT, CAPPELLETTI, and VOGT 2, by having a bracket, as suggested by STOLARKSI, for releasability [0034]. Claim(s) 60 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vogt et al. (U.S. PGPUB 2022/0015911), hereinafter VOGT, in view of HANEY et al. (U.S. PGPUB 2009/0146342), hereinafter HANEY. Regarding claim 60, VOGT teaches all of the claimed limitations as stated above, but is silent as to: further comprising an extraction system of a unidirectional or non-return type, the extraction system being configured to extract the spacer device after forming and to make the mold disposable, wherein the extraction system comprises a button equipped with a base and structured to be operated in use for an extraction of the formed spacer device, and a tip or end of a pressing body, the pressing body being configured as a pin or peg, wherein the tip or end faces the cavity and/or the additional cavity, or wherein the extraction system comprises a pressing body having a base and a tip or end, wherein the pressing body has a thread shaped to engage a thread seat equipped with a nut screw and located at the first half-shell, further comprising a cap or lid configured be housed or positioned at the tip and in a seat or opening located at the first forming surface, and/or a handle configured to be grasped by an operator for screwing the extraction system, or a discoidal base having a plurality of teeth made of a flexible material so as to enable a rotation of the extraction system but not an unscrewing thereof. In the same field of endeavor, molding, HANEY teaches an extraction system configured to extract the mold [Fig. 1]. HANEY teaches a button (70) with a base (103) and used for extraction for the spacer device [0031]. HANEY teaches a tip or end of a pressing body (103) is configured as a pin/peg [Fig. 6; 0033] and the tip or end faces the cavity [Fig. 6]. HANEY teaches the handle is configured to be grasped by the operator and the portion (70) is threaded into the system through the mold piece (28) [0033-0034; Fig. 6]. It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the applicant’s invention to modify VOGT, by having an extraction system, as suggested by HANEY, in order to remove the mold [0033]. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAROLINE BEHA whose telephone number is (571)272-2529. The examiner can normally be reached MONDAY - FRIDAY 9:00 A.M. - 5:00 P.M. 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, ABBAS RASHID can be reached at (571) 270-7457. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /C.B./Examiner, Art Unit 1748 /Abbas Rashid/Supervisory Patent Examiner, Art Unit 1748
Read full office action

Prosecution Timeline

Oct 10, 2023
Application Filed
Mar 19, 2026
Non-Final Rejection — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
58%
Grant Probability
84%
With Interview (+25.5%)
3y 5m
Median Time to Grant
Low
PTA Risk
Based on 238 resolved cases by this examiner. Grant probability derived from career allow rate.

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