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 .
Priority
The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994).
The disclosure of the prior-filed application, Application No. 17/559669, fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application. The prior-filed application does not provide support for the claimed inventions, species, and/or subspecies, for example an apparatus comprising a rectangular cage (claim 1), a leading end, a central deployable segment, and a trailing end (claim 4), or a central body with a first aperture and a second aperture window joint by an inner chamber (claim 5). Therefore, the priority date for the application is April 1st, 2024 for examination purposes.
Election/Restrictions
The claims are directed to different inventions, species, and/or subspecies, which do not currently create a serious search burden for the examiner. However, the examiner reserves the right to restrict the inventions, species, and/or subspecies if any amendments to the claims create a serious search burden for the examiner.
Claim 2 is objected to because of the following informalities: Claim 2 line 2 recites …and where said top blade and said bottom blade. Appropriate correction is required. The examiner will interpret and reject the claim using prior art as best understood by the examiner.
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 4-6 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.
For example, claim 4 lines 7-8 recite …an actuator end that actuates the rotating component of the implant wherein actuation the blades of the rotating component
For example, claim 5 lines 4-5 recite …a first arm and a second arm retracted against into said cavity of said central body in the primary position and orthogonal to the trailing end of the body are two fixed arms. The examiner will interpret and reject the claim using prior art as best understood by the examiner.
Claim 5 recites the limitation "the trailing end" in 5. There is insufficient antecedent basis for this limitation in the claim.
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.
Claims 1-3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Castro (U.S. Patent 11,980,552).
Castro discloses a device (for example see Figures 1-8) comprising:
(claim 1) a rectangular cage including
(claim 1) a top segment (150)
(claim 1) the top segment including a first axis bearing opening (180)
(claim 1) a bottom segment (210)
(claim 1) the bottom segment including a second axis bearing opening (210)
(claim 1) a first major side (one of the sides with an opening to the central cavity)
(claim 1) a second major side (the opposite side with an opening to the central cavity)
(claim 1) a first minor end (110)
(claim 1) a second minor end (120)
(claim 1) wherein the cage has a coating, i.e. surface treatments such as coatings are well known in the art, capable of promoting bone adhesion (column 3 lines 36-42; column 6 lines 32-34, and column 9 lines 40-51)
(claim 1) an axle (for example see Figure 4) including
(claim 1) a major axis body having
(claim 1) a top portion held by the first axis bearing opening
(claim 1) a bottom portion held by the second axis bearing opening
(claim 1) at least two blades (350 and 400) disposed on opposite sides of the axle
(claim 1) wherein the blades are projecting orthogonally from the axle
(claim 1) wherein the blades are sinusoidal, i.e. a sine wave is essential S-shaped, when viewed from the top of the axle (for example see Figures 3-5)
(claim 2) wherein the two blades include a top blade and a bottom blade extending from the axle
(claim 3) wherein the top blade and the bottom blade are joined at their outermost point by an orthogonal connecting blade (the edges formed by teeth 370 and 440)
Claims 5-6 are rejected as best understood under 35 U.S.C. 102(a)(1) as being anticipated by Ferguson (U.S. Publication 2007/0270961).
Ferguson discloses a device (for example see Figures 1A-1E) comprising:
(claim 5) a central body (110) including
(claim 5) a first aperture window (a first left opening 120)
(claim 5) a second aperture window (a second left opening 120)
(claim 5) wherein the windows are connected by an inner chamber (160; elements 120 are connected via 160 as best shown in Figures 1D and 1E)
(claim 5) a first arm (a first element 130) retracted into the cavity in a primary position (for example see Figure 1E)
(claim 5) a second arm (a second element 130) retracted into the cavity (for example see Figure 1E)
(claim 5) two fixed arms (172) orthogonal to a trailing end (the end with elements 172)
(claim 6) wherein the arms includes apertures (170)
(claim 6) wherein the body includes apertures (162)
Claim Rejections - 35 USC § 103
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.
Claim 4 is rejected as best understood under 35 U.S.C. 103 as being unpatentable over Castro (U.S. Patent 11,980,552) in view of Janowski (U.S. Patent 8,540,769).
Castro disclose a device (for example see Figures 1-8) comprising:
(claim 4) a leading end (150)
(claim 4) wherein the leading end is tapered
(claim 4) a central deployable segment (the portion with the central opening)
(claim 4) a trailing end (210)
(claim 4) a rotating component rotatable around a central axis including
(claim 4) blades (350 and 400) capable of cutting into cancellous bone of an ilium and sacrum
(claim 4) wherein the blades include apertures (for example 360f and 430f) positioned within the blades capable of directing cancellous bone
(claim 4) wherein the central axis includes an actuator (330) that actuates rotating component of the device to actuate the blades
Castro discloses a device as discussed above wherein the device can include well known surface treatments (column 3 lines 36-42; column 6 lines 32-34, and column 9 lines 40-51). Castro fails to disclose the device wherein the device further comprises a plasma coating. Janowski teaches a device (for example see Figure 3) comprising a leading end, a central deployable segment, and a trailing end, wherein the device further comprises a plasma coating (column 28 lines 13-30) in order to promote bone growth between the device and bone tissue. It would have been obvious to one having ordinary skill in the art at the time the invention as filed to provide the device of Castro wherein the device further comprises a plasma coating in view of Janowski in order to promote bone growth between the device and bone tissue.
The device of Castro as modified by Janowski discloses a device wherein the leading end is plasma coated.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 for cited references the examiner felt were relevant to the application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nicholas Woodall whose telephone number is (571) 272-5204. The examiner can normally be reached on Monday-Friday 8am to 5:30pm.
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Kevin Truong, at (571. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/NICHOLAS W WOODALL/Primary Examiner, Art Unit 3775