DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 05 June 2026 has been entered.
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, 6-17 and 19-22 are rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by Avery et al. (2006/0229611; cited by Applicant).
Regarding claim 1, Avery et al. disclose a revision connector (Fig. 3) for connecting two rods in a desired surgical procedure (e.g., a revision procedure) comprising:
a body 128 including a first head (annotated Fig. 3, below) and a second head (id.), the body defining a first rod receiving channel (id.) that extends into the first head along a first direction (id.) and is configured to receive the first spine fixation rod 30 therein, and the body defining a second rod receiving channel (id.) that extends into the second head along a second direction (id.) and is configured to receive the second spine fixation rod 12 therein, wherein the body 128 is monolithic,
wherein the first direction is angularly offset from the second direction (id.) such that when the first spine fixation rod 30 is disposed within the first rod receiving channel (id.) and the second spine fixation rod 12 (id.) is disposed within the second rod receiving channel (id.), the first spine fixation rod 30 is non-parallel with the second spine fixation rod 12 (id.), and
wherein the body 128 is configured to not directly connect to any underlying vertebra via any bone anchor that extends through the body 128 (id.).
It is noted that the connector is capable of being used for a revision procedure (e.g., for cervical vertebrae), if desired, because it is structurally suitable for (i.e., configured for) being assembled onto a previously implanted rod as provided and secured to a second spine fixation rod as provided.
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Regarding claim 6, the body 128 defines an inner vertebral facing surface (annotated Fig. 3, supra) and an opposed outer surface (id.) spaced from one another along a defined vertical direction (id.), and wherein the first direction and the second direction are perpendicular to the vertical direction (id.).
Regarding claim 7, the revision connector further comprises the first spine fixation rod 30 (annotated Fig. 3, supra).
Regarding claim 8, the first spine fixation rod 30 extends along the first direction as it extends out from the first head (id.).
Regarding claim 9, the revision connector further comprises the second spine fixation rod 12 (id.).
Regarding claim 10, the second spine fixation rod 12 extends along the second direction as it extends out from the second head (annotated Fig. 3, supra).
Regarding claim 11, the first rod receiving channel (id.) is configured to receive the first spine fixation rod 30 along the first direction (id.).
Regarding claim 12, the second rod receiving channel is configured to receive the second spine fixation rod 12 along the second direction (id.).
Regarding claim 13, the first head (annotated Fig. 3, supra) defines a threaded internal surface (id.) that is configured to receive a first locking cap 42 so as to secure the first spine fixation rod 30 when the first spine fixation rod is received in the first rod receiving channel (id.).
Regarding claim 14, the threaded internal surface of the first head (annotated Fig. 3, supra) is configured to receive the first locking cap 42 perpendicularly to the first direction (id.).
Regarding claim 15, the revision connector further comprises the first locking cap 42 (id.).
Regarding claim 16, the second head (annotated Fig. 3, supra) defines a threaded internal surface (id.) that is configured to receive a second locking cap 42 so as to secure the second spine fixation rod 12 when the second spine fixation rod is received in the second rod receiving channel (id.).
Regarding claim 17, the threaded internal surface of the second head (annotated Fig. 3, supra) is configured to receive the second locking cap 42 perpendicularly to the second direction (id.).
Regarding claim 19, the revision connector further comprises the second locking cap 42 (id).
Regarding claim 20, the body 128 has first and second end surfaces (annotated Fig. 3, supra) spaced from one another along the first direction (and additionally angled and offset), and the first rod receiving channel (id.) defines a first opening (into the first rod receiving channel) at the first end surface (id.).
Regarding claim 21, the body 128 has third and fourth end surfaces (annotated Fig. 3, supra) spaced from one another and extending between the first and second end surfaces (id.), and wherein the second rod receiving channel (id.) defines a second opening at the third end surface (e.g., the opening for the second locking cap, which is in continuous communication with and thus considered to be defined by the second rod receiving channel).
Regarding claim 22, the second direction is angularly offset with respect to the first direction as viewed in a plane that is perpendicular to a vertical direction that is perpendicular to the first direction and the second direction (i.e., from a top view) (annotated Fig. 3, supra).
Claim Rejections - 35 USC § 103
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 pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims under pre-AIA 35 U.S.C. 103(a), the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of pre-AIA 35 U.S.C. 103(c) and potential pre-AIA 35 U.S.C. 102(e), (f) or (g) prior art under pre-AIA 35 U.S.C. 103(a).
Claim 18 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Avery et al. (2006/0229611; cited by Applicant), as applied above, in view of Biedermann et al. (2008/0215095; cited by Applicant).
Avery et al. discloses the claimed invention except for the threaded internal surface of the first head (annotated Fig. 3, supra) being configured to receive the first locking cap 42 along a vertical direction that is perpendicular to the first direction and the second direction, and wherein the vertical direction, the first direction, and the second direction are non-parallel with one another. This would amount to positioning the threaded internal surface of the first head 90 counter clockwise on the outer surface, as labeled, in annotated Fig. 3, supra.
Biedermann et al. also disclose a rod connector 31 (e.g., Figs. 5 and 6), and teach that the bore 12 for the locking cap 13 can be oriented in any way, for example at 90 degrees around the longitudinal axis of the rods (para. 0042). Positioning the bore on a desired surface facilitates access for a desired approach or surgical procedure.
It would have been obvious to a person having ordinary skill in the art before the effective filing date to configure the threaded internal surface of the first head (annotated Fig. 3, supra) of Avery et al. to be rotated 90 degrees, e.g., counter clockwise, in view of Biedermann et al., to facilitate access for a desired approach or surgical procedure. It is noted that the threaded internal surface thus positioned receives the first locking cap 42 along a vertical direction that is perpendicular to the first direction and the second direction (cf. annotated Fig. 3, supra), and wherein the vertical direction, the first direction, and the second direction are non-parallel with one another (id.).
Response to Arguments
Applicant’s arguments, see Remarks, pages 5-6, filed 05 June 2026, with respect to the amended claims have been fully considered and are persuasive for the reasons advanced by Applicant. Accordingly, the previously outstanding rejections under 35 U.S.C. 102 have been withdrawn. However, upon further consideration of the amended claims, new grounds of rejection have been set forth above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure (see attached PTO-892). Additionally, it is noted that Ziemek et al. (8,998,961; cited by Applicant; e.g., Fig. 7), and Hawkins et al. (2008/0262553; cited by Applicant; e.g., Figs. 12 and 17, and para. 0035), are considered pertinent to applicant’s disclosure.
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.
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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.
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DAVID C. COMSTOCK
Examiner
Art Unit 3773
/DAVID C COMSTOCK/Examiner, Art Unit 3773
/EDUARDO C ROBERT/Supervisory Patent Examiner, Art Unit 3773
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