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 .
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claim(s) 1-7 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claim(s) 1-7 of prior U.S. Patent No. 11,950,813 B2. This is a statutory double patenting rejection.
The table below shows the application claims and the patent claims side by side for direct comparison, with the differences between the claims are highlighted below by bolding all the limitations that differ, italicizing additional limitations, and underlining limitations that will be addressed below.
Application Claims:
Patent Claims:
1. A method for medial stabilization of a spinal column, the spinal column including a midline having a left and a right side, a first vertebra having a first lamina, a first spinous process, the first spinous process having a superior aspect opposite an inferior aspect, the method comprising: a) positioning a first rod having a cranial portion opposite a caudal portion and a first longitudinal axis and a second rod having a cranial portion opposite a caudal portion and a second longitudinal axis against the spinal column such that: i. the second rod is spaced apart from and substantially parallel with the first rod; ii. the first rod is positioned against the first lamina and against the left side of the first spinous process and the second rod is positioned against the first lamina and against the right side of the first spinous process; and iii. the cranial portions of the first and second rods extend cranially from the superior aspect of the first spinous process and the caudal portions of the first and second rods extend caudally from the inferior aspect of the first spinous process; b) delivering a first interlaminar member into operative engagement with the first rod and the second rod via an approach that is substantially perpendicular to the first longitudinal axis, the first interlaminar member comprising a U-shaped body defined by an elastic midsection, two spaced apart end portions, and a pair of juxtaposed legs, each leg extending substantially parallel to one another from one of the respective ends in a direction outwardly away from the spinal column; c) securing the first interlaminar member to both the caudal portion of the first rod and the caudal portion of the second rod such that the first interlaminar member seats against the inferior aspect of the first spinous process; d) delivering a second interlaminar member into operative engagement with the first rod and the second rod via an approach that is substantially perpendicular to the first longitudinal axis; and e) securing the second interlaminar member to both the cranial portion of the first rod and the cranial portion of the second rod such that the second interlaminar member seats against the superior aspect of the first spinous process.
1. A method for medial stabilization of a spinal column, the spinal column including a midline having a left and a right side, a first vertebra having a first lamina, a first spinous process, the first spinous process having a superior aspect opposite an inferior aspect, the method comprising: a) positioning a first rod having a cranial portion opposite a caudal portion and a first longitudinal axis and a second rod having a cranial portion opposite a caudal portion and a second longitudinal axis against the spinal column such that: i. the second rod is spaced apart from and substantially parallel with the first rod; ii. the first rod is positioned against the first lamina and against the left side of the first spinous process and the second rod is positioned against the first lamina and against the right side of the first spinous process; and iii. the cranial portions of the first and second rods extend cranially from the superior aspect of the first spinous process and the caudal portions of the first and second rods extend caudally from the inferior aspect of the first spinous process; b) delivering a first interlaminar member into operative engagement with the first rod and the second rod via an approach that is substantially perpendicular to the first longitudinal axis, the first interlaminar member comprising a U-shaped body defined by an elastic midsection, two spaced apart end portions, and a pair of juxtaposed legs, each leg extending substantially parallel to one another from one of the respective ends in a direction outwardly away from the spinal column; c) securing the first interlaminar member to both the caudal portion of the first rod and the caudal portion of the second rod such that the first interlaminar member seats against the inferior aspect of the first spinous process; d) delivering a second interlaminar member into operative engagement with the first rod and the second rod via an approach that is substantially perpendicular to the first longitudinal axis; and e) securing the second interlaminar member to both the cranial portion of the first rod and the cranial portion of the second rod such that the second interlaminar member seats against the superior aspect of the first spinous process.
2. The method of claim 1, wherein the pair of juxtaposed legs of the U-shaped body of the first interlaminar member includes an uppermost leg and a lowermost leg, the uppermost leg being longer than the lowermost leg.
2. The method of claim 1, wherein the pair of juxtaposed legs of the U-shaped body of the first interlaminar member includes an uppermost leg and a lowermost leg, the uppermost leg being longer than the lowermost leg.
3. The method of claim 1, wherein the second interlaminar member comprises a U-shaped body, the U-shaped body including a pair of oppositely positioned ears extending laterally outwardly from the body in opposing directions, each of the ears containing an aperture structured and arranged to slideably receive one of the first and second rods.
7. The method of claim 1, wherein the second interlaminar member comprises a U-shaped body, the U-shaped body including a pair of oppositely positioned ears extending laterally outwardly from the body in opposing directions, each of the ears containing an aperture structured and arranged to slideablv receive one of the first and second rods.
4. The method of claim 2, wherein the second interlaminar member comprises a U-shaped body, the U-shaped body including a pair of oppositely positioned ears extending laterally outwardly from the body in opposing directions, each of the ears containing an aperture structured and arranged to slideably receive one of the first and second rods.
3. The method of claim 2, wherein the second interlaminar member comprises a U-shaped body, the U-shaped body including a pair of oppositely positioned ears extending laterally outwardly from the body in opposing directions, each of the ears containing an aperture structured and arranged to slideablv receive one of the first and second rods.
5. The method of claim 2, wherein the first leg of the U-shaped body includes a rod coupling interface adapted to couple to the first rod and to the second rod.
5. The method of claim 2, wherein the first leg of the U-shaped body includes a rod coupling interface adapted to couple to the first rod and to the second rod.
6. The method of claim 2 wherein the longer uppermost leg is a handle adapted to insert and position the first interlaminar member during surgery.
6. The method of claim 2 wherein the longer uppermost leg is a handle adapted to insert and position the first interlaminar member during surgery.
7. The method of claim 4 wherein each of the pair of oppositely positioned ears further includes a fastener extending therethrough and adapted to releaseably engage the one of the respective first and second rods slideably received therein.
4. The method of claim 3 wherein each of the pair of oppositely positioned ears further includes a fastener extending therethrough and adapted to releaseably engage the one of the respective first and second rods slideably received therein.
As is evident from the table above, Patent claims 1-7 are drawn to identical subject matter of application claims 1-7. The only differences highlighted in the table above, are the order in which the claims are presented, and do not change the subject matter or scope of the claim. As shown in the table above, claim 3 corresponds to patent claim 7; and claim 7 depends from claim 4, which is the same limitation presented in patent claim 3 that patent claim 4 depends from.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
The following references disclose adjustable spinous process spacer devices combined with rods:
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The following references disclose interspinous vertebral motion spacer devices combined with rods:
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michelle C. Green whose telephone number is (571)270-7051. The examiner can normally be reached on Monday-Friday between 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Eduardo C. Robert, 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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/M.C.G/ Examiner, Art Unit 3773 /EDUARDO C ROBERT/ Supervisory Patent Examiner, Art Unit 3773