DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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 pre-AIA 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 –
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claims 1 and 6-22 are rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by Roychowdhury et al. (2006/0079892; cited by Applicant).
Regarding claim 1, Roychowdhury et al. disclose a revision connector (Fig. 4) to couple a first spine fixation rod, that has been previously implanted and secured to at least one first vertebrae, to a second spine fixation rod, if desired (this is interpreted as a statement of intended use of which the device of Taylor et al. is capable), the revision connector comprising:
a body 100 including a first head 102 and a second head 120, the body defining a first rod receiving channel 111 that extends into the first head along a first direction and is configured to receive the first spine fixation rod 150 therein, and the body defining a second rod receiving channel 129 that extends into the second head along a second direction (para. 0010, discussing non-parallel arrangement of the rods) and is configured to receive the second spine fixation rod 152 therein,
wherein the first direction is angularly offset from the second direction (id.) such that when the first spine fixation rod 150 is disposed within the first rod receiving channel 111 and the second spine fixation rod 152 is disposed within the second rod receiving channel 129, the first spine fixation rod 150 is non-parallel with the second spine fixation rod 152 (id.), and
wherein the body is configured to not directly connect to any underlying vertebra via any bone anchor that extends through the body 100 (Fig. 4).
Regarding claim 6, the body defines an inner vertebral facing surface (bottom) and an opposed outer surface (top) spaced from one another along a vertical direction (Fig. 4), and wherein the first direction (defined by the first rod receiving channel 111; supra) and the second direction (defined by the second rod receiving channel 129; supra) are perpendicular to the vertical direction (Fig. 4; para. 0010).
Regarding claim 7, the connector comprises the first spine fixation rod 150.
Regarding claim 8, the first spine fixation rod 150 extends along the first direction (defined by the first rod receiving channel 111; supra) as it extends out from the first head 102 (Fig. 4).
Regarding claim 9, the connector comprises the second spine fixation rod 152 (Fig. 4).
Regarding claim 10, the second spine fixation rod 152 extends along the second direction (para. 0010, discussing non-parallel arrangement of the rods and rod receiving channels) as it extends out from the second head 120.
Regarding claim 11, the first rod receiving channel 111 is configured to receive the first spine fixation rod 150 along the first direction (defined by the first rod receiving channel 111).
Regarding claim 12, the second rod receiving channel 129 is configured to receive the second spine fixation rod 152 along the second direction (defined by the second rod receiving channel 129; para. 0010).
Regarding claim 13, the first head 102 defines a threaded internal surface 106 (Fig. 5) that is configured to receive a first locking cap 112 (Fig. 4) so as to secure the first spine fixation rod 150 when the first spine fixation rod is received in the first rod receiving channel 111.
Regarding claim 14, the threaded internal surface 106 of the first head 102 is configured to receive the first locking cap 112 perpendicularly to the first direction (Fig. 4; defined by the first rod receiving channel 111; supra).
Regarding claim 15, the connector comprises the first locking cap 112 (Fig. 4).
Regarding claim 16, the second head 120 defines a threaded internal surface 124 that is configured to receive a second locking cap 130 so as to secure the second spine fixation rod 152 when the second spine fixation rod is received in the second rod receiving channel 129.
Regarding claim 17, the threaded internal surface 124 of the second head 120 is configured to receive the second locking cap 130 perpendicularly to the second direction (defined by the second rod receiving channel 129; Fig. 5; para. 0010; supra).
Regarding claim 18, the threaded internal surface 106 of the first head 102 is configured to receive the first locking cap 112 along a vertical direction that is perpendicular to the first direction (defined by the first rod receiving channel 111; supra) and the second direction (defined by the second rod receiving channel 129; para. 0010; supra; Fig. 4), and wherein the vertical direction, the first direction, and the second direction are non-parallel with one another (Fig. 4 and para. 0010).
Regarding claim 19, the connector comprises the second locking cap 130 (Fig. 4).
Regarding claim 20, the body 100 has first and second end surfaces (annotated Fig. 4, below) spaced from one another along the first direction (defined by the first rod-receiving channel 111; Fig. 5), and the first rod receiving channel 111 defines a first opening (Fig. 4) at the first end surface.
PNG
media_image1.png
442
484
media_image1.png
Greyscale
Regarding claim 21, the body 100 has third and fourth end surfaces (annotated Fig. 4, supra) spaced from one another and extending between the first and second end surfaces (id.), and wherein the second rod receiving channel 129 defines a second opening (the elongate lateral opening into the channel) at the third end surface (id.).
Regarding claim 22, the second direction (defined by the second rod receiving channel 129; supra) is angularly offset with respect to the first direction (defined by the first rod receiving channel 111; supra) as viewed in a plane (i.e., coronal plane) that is perpendicular to a vertical direction that is perpendicular to the first direction and the second direction (para. 0010).
Response to Arguments
Applicant’s arguments 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.
The double patenting rejection has been withdrawn in light of the amendments made by Applicant, which include language not found in any known copending or parent application.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure (see attached PTO-892).
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 DAVID C COMSTOCK whose telephone number is (571)272-4710. The examiner can normally be reached M-F 9:00-5:00 PST.
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.
DAVID C. COMSTOCK
Examiner
Art Unit 3773
/DAVID C COMSTOCK/Examiner, Art Unit 3773
/EDUARDO C ROBERT/Supervisory Patent Examiner, Art Unit 3773