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 .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 12-14 and 16-21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ashley et al. (U.S. Publication No.2015/0289988 A1; hereinafter “Ashley”).
Regarding claim 12, Ashley discloses a device comprising: lateral bodies configured for contact with a vertebral endplate of a subject (see embodiment if Figure 3), wherein the lateral bodies comprise a first lateral body (13) and a second lateral body (11), wherein the first lateral body and the second lateral body are connected using linking elements (16, 20, 22 and 23), wherein the linking elements comprise a first linking element and a second linking coupling (each comprising elements 16, 20, 22 and 23 as shown in annotated Figure 3 below); wherein the second linking coupling comprises a sliding component (piston 22) integrally formed with and extending from the first lateral body (13), wherein the second linking coupling comprises a receiving chamber (16) formed within the second lateral body (11), wherein the receiving chamber is configured to slidably receive the sliding component to provide gearless adjustable spacing of the lateral bodies relative to each other (para.0083).
Regarding claim 13, Ashley further discloses wherein the first linking element connects corresponding posterior portions of the first lateral body and the second lateral body (see annotated Figure 3 below), wherein the first linking element is deformable (para.0083).
Regarding claim 14, Ashley further discloses wherein the second linking coupling connects corresponding anterior portions of the first lateral body and the second lateral body (see annotated Figure 3 below).
Regarding claim 16, Ashley further discloses wherein the receiving chamber (16) comprises an enclosed distal end (enclosed by surface 24) and a proximal opening (see opening of chamber 16 in Figure 3).
Regarding claim 17, Ashley further discloses wherein a movement of the sliding component (22) in a direction of the enclosed distal end of the receiving chamber (16) corresponds to compression of the first linking element and contraction of a distance between the lateral bodies (see para.0083, see also Figure 1 wherein the implant is in a compressed state).
Regarding claim18, Ashley further discloses wherein the movement of the sliding component (22) in a direction away from the closed enclosed distal end of the receiving chamber (16) corresponds to expansion of the first linking element and expansion of the distance between the lateral bodies (see para.0083, see also Figure 2 wherein the implant is in an expanded state).
Regarding claim 19, Ashley further discloses wherein the sliding component and the receiving chamber are linear shaped and the movement is linear (see transition from Figure 1 to Figure 2).
Regarding claim 20, Ashley further discloses wherein the sliding component and the receiving chamber are arcuate shaped and the movement is angular (Ashley’s linking elements are independently adjustable such that the movement between the first and second lateral bodies may be linear, see Figure 13B).
Regarding claim 21, Ashley further discloses wherein a threaded component locks the sliding component in a position within the receiving chamber (see end of para.0098).
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Claim 22 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Suddaby (U.S. Patent No.8,915,962 B1).
Regarding claim 22, Suddaby discloses a device comprising, a first component (see the embodiment disclosed in Figures 1 and 2) comprising an anterior facing surface and a posterior facing surface (see annotated Figure 2 below); a first claw (250) and a second claw (280) rotatably attached to a respective joint (267, 297) at opposing peripheral ends of the posterior facing surface (see Figure 2), wherein the first claw and the second claw are independently rotatable around the respective joint (Figure 2), wherein the independently adjustable first and second claws are configurable to increase the device's surface area coverage of an epiphyseal rim of a vertebral endplate (see transition from 8b to 8a as the claws open to increase the surface area by which the implant covers the vertebral endplate).
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Response to Arguments
Applicant’s arguments with respect to claims 12-14 and 16-22, filed on 11/25/2025 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kilpela U.S. Publication No.2010/0042216 A1
Kapitan et al. U.S. Publication No.2010/0016970 A1
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 Christina Negrelli whose telephone number is 571-270-7389. The examiner can normally be reached on Monday-Friday, between 8:00am to 4:00pm. If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Eduardo 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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/CHRISTINA NEGRELLI/
Examiner, Art Unit 3773
/EDUARDO C ROBERT/Supervisory Patent Examiner, Art Unit 3773