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 .
Drawings
The drawings received on 7/22/2026 are accepted.
Specification
The substitute specification filed 7/22/2026 has been entered.
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.
Claims 1-2, 19-20, 22, 28-29, 44-45, & 70-74 are 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 1 recites the limitation "the lowest slot of the set of slots" in the second to last line of the claim. There is insufficient antecedent basis for this limitation in the claim. Claims 2, 19-20, 22, 70, & 73 fails to remedy such deficiency.
Claim 1 recites the limitation "the bottom of a highest slot of the set of slots" in last two lines of the claim. There is insufficient antecedent basis for this limitation in the claim. Claims 2, 19-20, 22, 70, & 73 fails to remedy such deficiency.
Claim 28 recites the limitation "the lowest slot of the set of slots" in the second to last line of the claim. There is insufficient antecedent basis for this limitation in the claim. Claims 29, 44-45, 72 & 74 fails to remedy such deficiency.
Claim 28 recites the limitation "the bottom of a highest slot of the set of slots" in last two lines of the claim. There is insufficient antecedent basis for this limitation in the claim. Claims 29, 44-45, 72 & 74 fails to remedy such deficiency.
Allowable Subject Matter
Claims 2, 19-20, 22, 29, 44-45, & 70-74 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: With regard to claim 1 and similarly claim 28, the prior art of record fails to show or fairly render obvious the combined limitations of the invention specifically, the integral projection of each segment is engaged with a selected slot of the plurality of slots of the spine. As such, the examiner has come to the determination that either alone or in combination with the prior art of record it would not have been obvious to meet the overall claim without impermissible hindsight. Claims 2, 19-20, 22, 29, 44-45, & 70-74 would be allowed for containing such subject matter.
This statement is not intended to necessarily state all the reasons for allowance or all the details of why the claims are allowed and has not been written to specifically or impliedly state that all the reasons for allowance are set forth. See MPEP 1302.14.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICOLE P MACCRATE whose telephone number is (571)272-5215. The examiner can normally be reached M-Th: 9am-5pm EST.
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, Joshua J Michener can be reached at 571-272-1467. 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.
/NICOLE PAIGE MACCRATE/Examiner, Art Unit 3642 /JOSHUA J MICHENER/Supervisory Patent Examiner, Art Unit 3642
Prosecution Insights