Prosecution Insights
Last updated: August 14, 2026
Application No. 18/712,788

ADJUSTABLE IMPLANT WITH CYCLOID GEARS

Final Rejection §112
Filed
May 23, 2024
Priority
Dec 07, 2021 — provisional 63/286,699 +1 more
Examiner
HARVEY, JULIANNA NANCY
Art Unit
3773
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
NuVasive Inc.
OA Round
4 (Final)
78%
Grant Probability
Favorable
5-6
OA Rounds
7m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allowance Rate
958 granted / 1229 resolved
+7.9% vs TC avg
Strong +19% interview lift
Without
With
+19.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
53 currently pending
Career history
1269
Total Applications
across all art units

Statute-Specific Performance

§101
3.9%
-36.1% vs TC avg
§103
39.0%
-1.0% vs TC avg
§102
26.0%
-14.0% vs TC avg
§112
23.8%
-16.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1229 resolved cases

Office Action

§112
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 § 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 2 and 4-9 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 2 recites that the cycloid gear assembly comprises one or more cycloid gear stages. However, claim 1 has been amended to recite that the cycloid gear assembly comprises three stages. Thus, it is unclear whether the one or more cycloid gear stages in claim 2 are intended to refer to additional cycloid gear stages such that there are four or more cycloid gear stages. Claims 4-9 depend from claim 2 and are therefore also rejected. Claim 4 recites “each stage of the one or more cycloid gear stages” (lines 1-2). Claim 6 recites that the one or more cycloid gear stages comprise two cycloid gear stages and claim 7 recites structure of the first stage and the second stage. Claim 8 recites that the one or more cycloid gear stages comprise three or more cycloid gear stage and claim 9 recites structure of the first stage, the second stage, and the third stage. Because the specification beginning with para. 0039 and Fig. 7 describe three stages 350, 450, and 550, the Examiner suggests amending the claims as follows to overcome this rejection and avoid potential additional rejections that may be present upon cancelling or amending claim 2: Cancel claim 2. Amend claim 4 to depend from claim 1. Amend claim 4 to recite “wherein each stage Cancel claim 6. Cancel claim 7. Cancel claim 8. Amend claim 9 to depend from claim 1. Allowable Subject Matter Claims 1, 10-13, and 15-20 are allowed. Claims 4 and 9 would be allowable if claims 2, 4, and 6-9 are amended as suggested above. Response to Arguments Applicant’s arguments filed July 22, 2026 with respect to the applicability of Lopez Camacho as prior art (see pgs. 6-7) have been fully considered and are persuasive. The rejection of claim 3 has been withdrawn. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 JULIANNA N HARVEY whose telephone number is (571)270-3815. The examiner can normally be reached Mon.-Fri. 8:00am-5:00pm EST. 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, Eduardo Robert can be reached at (571)272-4719. 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. /JULIANNA N HARVEY/Primary Examiner, Art Unit 3773
Read full office action

Prosecution Timeline

Show 1 earlier event
Aug 01, 2025
Non-Final Rejection mailed — §112
Dec 01, 2025
Response Filed
Dec 12, 2025
Final Rejection mailed — §112
Mar 12, 2026
Request for Continued Examination
Mar 25, 2026
Response after Non-Final Action
Apr 22, 2026
Non-Final Rejection mailed — §112
Jul 22, 2026
Response Filed
Aug 03, 2026
Final Rejection mailed — §112 (current)

Precedent Cases

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3y 9m to grant Granted Aug 04, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

5-6
Expected OA Rounds
78%
Grant Probability
97%
With Interview (+19.0%)
2y 10m (~7m remaining)
Median Time to Grant
High
PTA Risk
Based on 1229 resolved cases by this examiner. Grant probability derived from career allowance rate.

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