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 .
According to the Amendment filed on 11/18/25, Claims 1-6, 8-14 are amended, and claims 15-20 are added.
Election/Restrictions
Newly amended and submitted claims 13-20 directed to an invention that is independent or distinct from the invention originally claimed for the following reasons: the originally filed method claims 13-14 where directed to “a method for performing spinal fusion to reduce surgical exposure required for any necessary future revision surgery”, but the newly amended and submitted claims 13-20 are now directed to “ A method for extending spinal fusion implants in situ” which is different and distinct from what was originally claimed.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claims 13-20 are withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-6, 8-12 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Agarwal (US. 20160022341).
Agarwal discloses a revision system capable for extending spinal fusion implants
constructs in situ, the system comprising: a first assembly 12, fig. 1b comprising: a rod 16 configured to couple a first vertebra to a second vertebra fig. 1b; a first anchor configured to be inserted into a bone fig. 1b: and a first coupler configured to couple the first anchor to the rod fig. 1b, the first coupler comprising: a top 212, fig. 4d having a top opening, a bottom having a bottom opening fig. 4c, and a slot contiguous with the top opening fig. 4d, wherein the first anchor is configured to extend through the bottom opening, fig. 4c, the rod is configured to be disposed within the slot fig. 1b, and the top opening is configured to receive a fastener 238, and a second assembly configured to be fixedly secured to a third vertebra (para. 3), the second assembly comprising; a second anchor 210; and an implant body comprising: a receptacle portion 212 configured to receive the second anchor; and a rod portion 222, fig. 4c that is at least one of fixedly coupled to and integrally formed with the receptacle portion 212, the rod portion being configured to couple to an end of the rod 16 extending from the slot, wherein the rod portion comprises a rod receptacle (slot) configured to receive the end of the rod, wherein the rod receptacle comprises a cinch band 236, fig. 4c adapted to be moved over a portion of the rod receptacle comprising the slot so as to force the rod receptacle to a closed position over the end of the rod, further comprising
a collet 228, fig. 4c having an aperture 234 sized to receive the end of the rod. the collet 228 being adapted to be placed on the end of the rod and to fit within 226 the rod receptacle, the receptacle the rod receptacle is capable to receive the end of the rod while a range of motion is maintained between the rod receptacle and the end of the rod
wherein the range of motion comprises telescopic motion, wherein the end of the
rod extends from the slot in a direction roughly parallel to an imaginary line between the first assembly and the second assembly fig. 1b, wherein the first assembly further comprises a second coupler 14, fig. 1b comprising: a second top having a second top opening, a second bottom having a second bottom opening: and a second slot contiguous with the second top opening, wherein the rod is additionally disposed within the second slot fig. 1b, wherein the rod portion 212 comprises a rod receptacle having a receptacle slot fig. 4d configured to allow a diameter of the rod receptacle to be reduced to form a stronger coupling with the end of the rod, wherein the rod portion
comprises a cinch band 236 adapted to be moved over a portion of
the rod receptacle 222 comprising the slot so as to reduce the diameter of the rod receptacle, wherein a coupling between the end of the rod and the rod receptacle is configured to lock a position of the end of the rod receptacle with respect to the rod, wherein prior to being locked the position is at least one of polyaxially adjustable and telescopically adjustable
Response to Arguments
Applicant’s arguments with respect to claim(s) 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
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 SAMEH RAAFAT BOLES whose telephone number is (571)270-5537. The examiner can normally be reached 9-5 pm.
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/SAMEH R BOLES/Primary Examiner, Art Unit 3775