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
New corrected drawings in compliance with 37 CFR 1.121(d) are required in this application because The currently filed drawings are not black and white line drawings making it difficult to ascertain different claimed feature of Applicant’s invention for examination. Applicant is advised to employ the services of a competent patent draftsperson outside the Office, as the U.S. Patent and Trademark Office no longer prepares new drawings. The corrected drawings are required in reply to the Office action to avoid abandonment of the application. The requirement for corrected drawings will not be held in abeyance.
Election/Restrictions
Applicant’s election of Group I, claims 1-8 in the reply filed on March 25th, 2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Applicant’s election without traverse of Group I in the reply filed on March 25th, 2026 is acknowledged.
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 3-5 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 3 recites the limitation "the opposing surfaces of the floating sterile coupling and the non-sterile couplings" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim.
For the purpose of examination, the limitation has been interpreted to read “opposing surfaces of the floating sterile coupling and the non-sterile couplings”.
Claim 4 recites the limitation "the opposing surfaces”. It is unclear which opposing surfaces Applicant is attempting to recite, is it the opposing surfaces of claim 1, line 9, the opposing surfaces of claim 1, lines 16-17 or is it a third set of opposing surfaces separate and distinct from those claims in lines 9 and 16-17 of claim 1. Claim 5 is rejected under 35 U.S.C. 112(b) as it depends from a rejected base claim and does not rectify the issue at hand.
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 1-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rout et al. (US 2020/0230812).
Regarding claim 1, Rout et al. disclose a system for bending a spinal rod comprising a rod bending assembly (100, figures 3 and 54) including a bender box (122) and a bender assembly (121) coupled to the bender box, wherein the bender box includes a top plate (5404) having a fixed coupling member (108) and an actuated coupling member (104), and wherein the bender assembly includes a rod cutter (¶68) attachable to the fixed coupling member and a bending mandrel (110/150) attachable to the actuated coupling member (figures 3, 5); an automatic or navigated feeding system (130) configured to feed a spinal rod into the rod bending assembly (¶64), and wherein the bender assembly is configured to bend and contour the spinal rod into a complex three-dimensional shape (¶178); and a sterile barrier (1401, figure 4) having opposite surfaces (inside and outside surface of the barrier), the barrier located between the bender box and the bender assembly (figure 4), the barrier extending sufficiently to define a non-sterile side associated with the bender box and a sterile side associated with the bender assembly (figure 17, ¶182, ¶231, ¶233); wherein the actuated coupling member is attachable to the bending mandrel by a mechanical connection through the sterile barrier (¶231, ¶233); wherein the mechanical connection comprises a sterile floating coupling (figures 18A-18C, ¶113) rotatably received in a coupling housing (122, ¶113), the coupling housing secured to the sterile barrier, the coupling housing extending between the opposite surfaces of the sterile barrier to define opposite, non- sterile and sterile coupling sides (¶182, ¶230-231); wherein the actuated coupling comprises a non-sterile coupling and the bending mandrel comprises a sterile coupling (¶182, ¶230-231); and wherein the floating sterile coupling is operatively interconnected between the non-sterile coupling and the sterile coupling to transfer motion across the sterile barrier without corresponding movement of the sterile barrier (¶113).
Regarding claim 2, Rout et al. disclose the floating sterile coupling is releasably interconnected to respective surfaces of the non-sterile coupling and the sterile coupling by mechanical engagement of opposing keyed features (¶113 “pin and slot” or “male and female splines”). Regarding claim 3, Rout et al. disclose the keyed features comprise a plurality of mating teeth (“pin” or “male spines” ¶113) and grooves (“slots” or “female splines” ¶113) radially disposed about the opposing surfaces of the floating sterile coupling and the non-sterile and sterile couplings, respectively (figures 18B-18C).
Regarding claim 4, Rout et al. disclose the opposing surfaces comprise three outwardly extending tabs separated by three grooves, the grooves and tabs extending circumferentially through 60 degrees of arc (figure 18C, at least three of the grooves and tabs “male and female splines” extend circumferentially through 60 degrees of an arc).
Regarding claim 5, Rout et al. disclose the opposing surfaces are releasable relative to each other for separation of the sterile barrier from the bender box and the bender assembly (¶113).
Regarding claim 6, Rout et al. disclose the coupling housing comprises a pair of mating rings connect to surrounding portions of the sterile and non-sterile surfaces of the sterile barrier (¶107) and located to surround an aperture (¶107) in which the floating sterile coupling is rotatably mounted, the rings having opposing surfaces engaged in a substantially airtight seal to minimize air passing between the sterile and non-sterile sides defined by the sterile barrier (figure 21, ¶107).
Regarding claim 7, Rout et al. disclose the housing comprises a circumferential channel around the aperture and the floating sterile coupling has edge portions engaging the channel and rotatable relative thereto (figure 34, ¶119).
Regarding claim 8, Rout et al. disclose a plurality of the non-sterile couplings (160, 162, 168, 174), and a plurality of the sterile couplings (126, 128, 146, ¶68), and a plurality of the floating sterile couplings rotatably mounted within a corresponding plurality of the housings (¶66-68), the housings secured to the sterile barrier at locations to be selectively interconnectable to respective pairs of the non-sterile and sterile couplings (¶231).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW JAMES LAWSON whose telephone number is (571)270-7375. The examiner can normally be reached Mon - Fri 6:30-3:00.
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, Anita Coupe can be reached at 571-270-3614. 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.
/MATTHEW J LAWSON/ Primary Examiner, Art Unit 3619
Prosecution Insights