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 arguments filed August 14th, 2026, have been fully considered but they are not persuasive. Applicant’s arguments that Rout et al. fails to teach or disclose the final limitation of claim 1 is not found persuasive to overcome the prior art of record. Rout et al. teaches that the floating sterile coupling is operatively interconnected between the non-sterile coupling and the sterile coupling as outlined in (¶113) and transfers motion between the two across the sterile barrier (¶113) without corresponding movement of the sterile barrier as the drape is just laid over and covers the two components and any movement between the two is done through openings in the drape/sterile barrier. Additionally, the sterile barrier as outlined in ¶75 which can be used in various embodiments (¶75 “For example, in this and other embodiments”) creates a tight fit mechanism without tearing or otherwise unduly straining (¶75) during use (¶75). Accordingly, Applicant’s arguments and remarks are not found persuasive to overcome the prior art and rejections of record.
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
THIS ACTION IS MADE FINAL. 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 MATTHEW JAMES LAWSON whose telephone number is (571)270-7375. The examiner can normally be reached Mon - Fri 6:30-3:00.
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/MATTHEW J LAWSON/Primary Examiner, Art Unit 3619
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