DETAILED ACTION
This office action is responsive to the amendment of December 24, 2025. By that amendment, claim 1 was amended; and claims 2-5 and 11-14 were canceled. Claims 1 and 6-10 are pending, though claims 7-10 were previously withdrawn from consideration.
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
The outstanding rejection of claims 1-6 and 11-14 under 35 USC 101 was overcome by the amendment to the claims of December 24, 2025.
The outstanding rejections under 35 USC 112(b) were overcome by the amendments of December 24, 2025, with exception to the prior rejection of claim 4 for the term “snapped” (now incorporated into claim 1).
Regarding the term “snapped”, the arguments state that the term is clear. The arguments cite figures 1 and 2 and paragraph 48 of the originally filed specification for support for the term; as well as referring to the step 212. A quotation is provided, identifying that “the second fixing part 200 is positioned and snapped to the lateral mass 20” (among other quoted statements) and applicant reiterates that “the term ‘snapped’ in claim 4 is sufficiently clear and refers to the second fixing part abutting against the lateral mass, being positioned for fixation.”
Examiner appreciates the explanation, but continues to disagree that this sufficiently clarifies what is meant or required by the claim.
Examiner understands the term “snapped” to be a commonly used word, the past tense of “to snap”. Relevant definitions appear to be 1) “break or cause to break suddenly or completely, typically with a sharp cracking sound”; 2) “fasten with snaps”. Examiner is of the position that neither of these definitions appears to relate to what applicant intends at this limitation.
To overcome this rejection, Examiner suggests claiming the term in the manner described by applicant, e.g. the second fixing part abutting against the lateral mass, being positioned for fixation. There appears to be insufficient originally presented disclosure to further clearly limit what is meant by this limitation.
The rejection to the term “snapped” under 35 USC 112(b) is maintained, below.
The outstanding rejection of claims 1-6 under 35 USC 102(a)(1) in view of Taylor (US 2005/0273100 A1) are maintained, as now applied to claims 1 and 6. Limitations of claims 2-5 were incorporated into claim 1. These limitations continue to be present in the prior art as previously identified. Examiner re-writes the rejection, below, modified only to correlate to the amendments, and to clearly identify each feature.
The argument first discusses the subject matter of claim 5 at p. 8. The office action’s identification of elements in the prior art which read on the claims is re-stated. No argument appears to be present in this paragraph. Examiner offers no comment.
At pp. 8-9, subject matter of claim 3 is discussed. The office action’s identification of elements in the prior art is re-stated. No argument appears to be present in this paragraph. Examiner offers no comment.
Further at p. 9, applicant states that the linking member 64 and the outside portion 26 are separate from each other, and only connected by connecting member 60, such that there is no contact between 64 and 26. The argument therefore concludes “linking member 64 cannot contact and be limited by the outside portion 26 as the claimed extension member is.” Examiner turns to the text of the claim: in relevant section, the claim reads: “one end of the extension member away from the fixing member is provided with a second inclined surface, wherein the extension member contacts and is limited by the first inclined surface of the positioning member by the second inclined surface”. Examiner maintains that one end of the extension member 64 away from the fixing member 34 is provided with a second inclined surface (the “D” shaped portion is inclined relative to 34), the extension member 64 contacts and is limited by the first inclined surface 60. The claim does not require contact between 64 and 26, and even if it does, examiner is of the position that the entire device of fig. 5 is demonstrated being constructed into a single structure, such that it can be said that all portions of the device are in contact with all other portions, thereof. Further, examiner is of the position that the slot and connectors are arranged such that there is a limited pivoting between the components (at some point 60 will contact other surfaces which prevent further relative pivoting, thereof). See marked up figure:
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As discussed at [0030]-[0032] of Taylor, the multiple parallel D rings interact with the ledges 68 to result in pivotal association about an axis that is generally parallel to the spinal axis. The parallel D-rings function to limit the pivoting to a single axis. This is considered to address the argument that Taylor does not disclose “the extension member contacts and is limited by the first inclined surface of the positioning member by the second inclined surface, so as to limit the extension member to be in planar contact with the incision of the vertebral plate by the positioning member”, as now required by claim 1. The rejection is maintained.
At pp.10-11 other advantages of the claimed device are discussed, and considered by the examiner. Since these features are not claimed, and since all claimed structures and functions are considered present in Taylor, these advantages are respectfully considered irrelevant to discussion of patentability in view of 35 USC 102(a)(1).
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 and 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.
Claim 1 recites the term “snapped”. The disclosure (and applicant’s comments in the response of December 24, 2025) have been studied and it remains unclear what is meant by this term. How is the positioning member “snapped with one side of the lateral mass provided with the incision by the step”? What does this mean? Clarification is required. See the comments and suggestion made in the response to arguments section, above.
Claim Objections
Claim 1 is objected to because of the following informalities: At lines 10 and 23, the word “and” should be removed. At line 34, the word “and” should be added. At lines 10, 18, 19, 23, 29 and 30, the semicolon should be replaced with a comma. At lines 18, 19, 29 and 30, a return break (move to a new line) should be added at the present location of the semicolons. Appropriate correction is required.
Claim 6 is objected to because of the following informalities: at line 5, the line should start with ”wherein the expanding and shaping device further comprises…” Appropriate correction is required.
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.
Claim(s) 1 and 6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Taylor et al. (US 2005/0273100 A1).
Regarding claim 1, Taylor teaches an expanding and shaping device 10 for a cervical spinal canal 30 as at figs. 1 and 5, configured to expand, shape, and fix a vertebral plate 20 and a lateral mass 14 formed by incising the cervical spinal canal at 32, and a vertical incision 32 is formed between the vertebral plate 20 and the lateral mass 14, wherein the expanding and shaping device 10 for cervical spinal canal comprises:
a first fixing part 18;
a second fixing part 12; and
fasteners 42,
wherein the first fixing part 18 is hinged to the second fixing part at 68/70 [0032], wherein the first fixing part 18 can be attached to a side wall of the vertebral plate 20, and the second fixing part 12 is capable of being attached to a side surface of the lateral mass 14 towards the vertebral plate 20; and
wherein a first fixing hole 40 is arranged on the first fixing part 18, and the fasteners 42 are capable of passing through the first fixing hole 40 to connect the vertebral plate 20, and a passing-through direction of the fasteners is consistent with a direction of the incision 32 (direction at arrow 62); and a second fixing hole 40 is arranged on the second fixing part 12, wherein the fasteners 42 pass through the second fixing hole 40 to connect the lateral mass 14;
wherein the first fixing part 18 comprises a fixing member 34 and an extension member 64, wherein
the fixing member 34 is fixedly connected to the extension member 64; the fixing member 34 is provided with an inclined concave surface 24 [0023] (34 is inclined at least relative to surface 36); the fixing member 34 is capable of being attached to a side wall of the vertebral plate 20 by the inclined concave surface 24 as in fig. 1; and one side of the fixing member 34 away from the inclined concave surface 24 is arranged in a horizontal plane (surface opposite 24 is planar as in figs.1 and 5), wherein the first fixing hole 40 passes through vertically through the horizontal plane, and the fasteners 42 can pass through the inclined concave surface 24 from the horizontal plane so that the fasteners are tightly connected to the vertebral plate 20; and
the extension member 64 is arranged parallel to the incision 32 so that the extension member 64 can extend along a surface of the incision as seen in figs. 1 and 5;
wherein the second fixing part 12 comprises a hinge member 60 and a positioning member 26, wherein the hinge member 60 is connected to the positioning member 26 as at fig. 1, and the hinge member is provided with a rotating shaft at 68 (fig. 5; 68 rotates (pivots) relative to 64 [0032]), wherein the extension member 64 is rotationally connected to the hinge member by the rotating shaft 68; the positioning member 26 is capable of being attached to a surface of the lateral mass 14 as in fig. 1; the second fixing hole 40 passes through the positioning member 26; and the fasteners 42 are connected to the lateral mass 14 by the second fixing hole 40 to fix the positioning member 26 on the lateral mass 14;
wherein the positioning member 26 is provided with a step 28, and the positioning member 26 is connected with one side of the lateral mass 14 provided with the incision 32 by the step 28. See fig. 5;
wherein one side of the positioning member 26 away from the step 28 is provided with a first inclined surface at 60 (note portion 26 and 60 have a relative incline), and one end of the extension member 64 away from the fixing member 34 is provided with a second inclined surface (some portion thereof is inclined relative to another portion, e.g. noting that surface at 36 is inclined relative to surfaces of 34 as seen at fig. 5), wherein the extension member 64 contacts and is limited by the first inclined surface of 60 of the positioning member 26 by the second inclined surface (68 is prevented from pivoting about 64 by interaction of the two inclined surfaces), so as to limit the extension member 64 to be in planar contact with the incision 32 of the vertebral plate by the positioning member. This arrangement is seen at fig. 5 where all the components are coupled together to maintain the claimed contact with the bone portions.
Regarding claims 6, one side of the first fixing part 18 towards the second fixing part 12 is provided with an accommodation groove 70, wherein the second fixing part 12 can be attached and fixed with the accommodation groove 70 (68 inserted therein), and clamping holes (other of holes 40) configured for cooperating with an external holder (others of 42) are arranged on two opposite sides of the first fixing part.
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 David Bates whose telephone number is (571)270-7034. The examiner can normally be reached Monday through Friday, 10AM-6PM
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If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Kevin Truong, at (571)272-4705. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID W BATES/Primary Examiner, Art Unit 3799
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