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 amendments and associated arguments filed 5/7/2026 with respect to the previous 101 rejections and 102 rejections have been fully considered and are persuasive. Therefore, the rejections have been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Macewan et al.
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.
Claims 1-8 and 22-34 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Macewan et al. (US 2020/0330230, hereinafter Macewan).
Regarding claims 1, 28 and 29, Macewan discloses a system and method with a plurality of pedicle screws (figures 1, 3-5). A first pedicle screw is configured to engage a spine of a patient, the first pedicle screw comprising a first electrode 216 extending along a length of a threading and a threading 218 that is electrically insulated with a coating of titanium dioxide (par. 0054, 0063 and figures 3-5). A second pedicle screw is configured to engage a spine of a patient, the second pedicle screw comprising a second electrode 216 extending along a length of a threading and a threading 218 that is electrically insulated (par. 0054 and figures 3-5). A power source 214 is coupled to the screws and configured to provide electrical current to the screws (par. 0046). A controller is configured to control the power source to selectively supply power to the screws (par. 0066). As seen in figures 3-5, electrical stimulation is output from the first pedicle screw in all directions, including towards the second pedicle screw, and electrical stimulation is output from the second pedicle screw in all directions, including towards the first pedicle screw.
Regarding claims 2, 5 and 30, the screws can be attached to different parts of the the same vertebra or to different vertebra (figures 1 and 3-4).
Regarding claims 3, 4, 6, 7, 22 and 23, Macewan discloses multi-level system that can include three pedicle screws and/or 4 pedicle screws (see figure 4 and par. 0061 and 0086-0087). Each pedicle screw is configured to engage a spine and/or perispinal portion of a patient, each pedicle screw comprising an electrode 216 extending along a length of a threading and a threading 218 that is electrically insulated (par. 0054 and figures 3-5). As seen in figures 3-5, electrical stimulation is output from each pedicle screw in all directions, including towards the other pedicle screws.
Regarding claims 8 and 32, the electrode of each pedicle screw can be divided in half, thus defining two electrodes that are no more than 180 degrees of the exposed threading.
Regarding claims 24, 25 and 31, the heads of the screws are insulated (par. 0050) and each electrode 216 extends along a length of a threading.
Regarding claims 26 and 34, each electrode has surfaces defined within openings between the threads of the screw (see annotated figure 2B):
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Regarding claims 27 and 33, annotated figure 2B shows an electrode distal to the threading:
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892, particularly US 2019/0275318 which shows pedicle screws with insulated threads.
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 Eric D Bertram whose telephone number is (571)272-3446. The examiner can normally be reached Monday-Friday 8am-6pm Central Time.
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, Jennifer McDonald can be reached at 571-270-3061. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Eric D. Bertram/Primary Examiner, Art Unit 3796
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