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 .
Election/Restrictions
Applicant’s election without traverse of Group I, Species P, drawn to figures 53-56, in the reply filed on May 6, 2026 is acknowledged.
Claims 49, 51-52, 55-56, 58, 60 have been amended; claims 50 and 59 have been canceled by Applicant. As such, claims 41-49, 51-58 and 60 are pending in the instant application.
Claim Objections
Claim 42 is objected to because of the following informalities: claim 42 ends in a comma instead of a period. Appropriate correction is required.
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)(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.
Claim(s) 41-49, 51-54, 56, 58 and 60 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Peterson et al. (US 2002/0173813), hereinafter “Peterson”.
Regarding claim 41, Peterson discloses a tissue disruption tool (10) comprising: an articulating tissue disruptor (60) comprising a distal end portion (see Figure A below) and a proximal end portion (see Figure A below), wherein the articulating tissue disruptor further comprises an opening (bottom opening, FIG. 6) disposed between the distal end portion and the proximal end portion, wherein the opening is encircled by a first surface (left side surface of opening, FIG. 6) and encircled by a second surface (right side surface of opening, FIG. 6), a first shaft (62) coupled to the proximal end portion of the articulating tissue disruptor, and a second shaft (42) coupled to the proximal end portion of the articulating tissue disruptor, wherein the articulating tissue disruptor is configured to articulate between a first configuration and a second configuration (FIG. 4), wherein the articulating tissue disruptor is in- line with the first shaft and the second shaft in the first configuration, wherein the articulating tissue disruptor is angled relative to the first shaft and the second shaft in the second configuration (¶39).
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Figure A: Articulating tissue disruptor of Peterson.
Regarding claim 42, Peterson discloses the tissue disruption tool of Claim 41, wherein one or both of the first surface and the second surface is beveled or angled inward toward the opening of the articulating tissue disruptor (see Figure A above).
Regarding claim 43, Peterson discloses the tissue disruption tool of Claim 41, wherein the articulating tissue disruptor comprises an (elliptical) ogive shape (FIG. 6).
Regarding claim 44, Peterson discloses the tissue disruption tool of Claim 41, wherein the distal end portion comprises a pointed edge (at 61, Figure A above).
Regarding claim 45, Peterson discloses the tissue disruption tool of Claim 41, wherein the first surface comprises a sharp outer edge (at 61, Figure A above).
Regarding claim 46, Peterson discloses the tissue disruption tool of Claim 45, wherein the second surface comprises a sharp outer edge (at 61, Figure A above).
Regarding claim 47, Peterson discloses the tissue disruption tool of Claim 41, wherein the articulating tissue disruptor comprises a unitary structure (FIG. 6).
Regarding claim 48, Peterson discloses the tissue disruption tool of Claim 41, wherein the articulating tissue disruptor slides along a barrier (40).
Regarding claim 49, Peterson discloses the tissue disruption tool of Claim 41, further comprising a handle (12) comprising a stationary grip (22) and a pivotal grip (28), wherein the articulating tissue disruptor is configured to articulate when the pivotal grip is moved toward the stationary grip to move the second shaft relative to the first shaft (¶34).
Regarding claim 51, Peterson discloses the tissue disruption tool of Claim 41, wherein the first shaft and the second shaft are parallel (FIG. 11).
Regarding claim 52, Peterson discloses the tissue disruption tool of Claim 41, wherein the articulating tissue disruptor is configured to articulate within a working region (106, FIG. 13) defined by a barrier (104).
Regarding claim 53, Peterson discloses the tissue disruption tool of Claim 49, further comprising a biasing member (32) that biases the pivotal grip away from the stationary grip.
Regarding claim 54, Peterson discloses the tissue disruption tool of Claim 49, wherein the handle is configured to be actuated by one hand of the user (¶34).
Regarding claim 56, Peterson discloses the apparatus of Claim 41, wherein the articulating tissue disruptor comprises the opening (bottom opening, FIG. 6), wherein material is capable of being funneled toward the opening.
Regarding claim 58, Peterson discloses the apparatus of Claim 41, wherein the articulating tissue disruptor comprises an outer edge configured to cut or scrape an endplate of a vertebral body (at 61, FIG. A above).
Regarding claim 60, Peterson discloses the apparatus of Claim 41, wherein the articulating tissue disruptor is configured to articulate by linearly moving the second shaft relative to the first shaft by squeezing a handle (¶34).
Allowable Subject Matter
Claims 55 and 57 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Peterson discloses a tissue disruption tool (10) comprising: an articulating tissue disruptor (60) comprising a distal end portion (see Figure A below) and a proximal end portion (see Figure A below), wherein the articulating tissue disruptor further comprises an opening (bottom opening, FIG. 6) disposed between the distal end portion and the proximal end portion, wherein the opening is encircled by a first surface (left side surface of opening, FIG. 6) and encircled by a second surface (right side surface of opening, FIG. 6), a first shaft (62) coupled to the proximal end portion of the articulating tissue disruptor, and a second shaft (42) coupled to the proximal end portion of the articulating tissue disruptor, wherein the articulating tissue disruptor is configured to articulate between a first configuration and a second configuration (FIG. 4), wherein the articulating tissue disruptor is in- line with the first shaft and the second shaft in the first configuration, wherein the articulating tissue disruptor is angled relative to the first shaft and the second shaft in the second configuration (¶39).
However, the prior art, alone or in combination, fails to teach the apparatus further comprising a barrier member having a first configuration for insertion into the disc space and a second configuration when deployed within the disc space, wherein the second configuration at least partially defines a perimeter of a working region.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLIVIA C CHANG whose telephone number is (571)270-5017. The examiner can normally be reached M-F 9-5 ET.
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/OLIVIA C CHANG/ Primary Examiner, Art Unit 3775
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