Prosecution Insights
Last updated: April 19, 2026
Application No. 18/763,570

MULTI-PRONGED AWL FOR INTERVERTEBRAL BODY SPACE

Non-Final OA §103
Filed
Jul 03, 2024
Examiner
WEISS, JESSICA
Art Unit
3775
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Jeffrey Rihn
OA Round
3 (Non-Final)
81%
Grant Probability
Favorable
3-4
OA Rounds
2y 10m
To Grant
99%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allow Rate
521 granted / 645 resolved
+10.8% vs TC avg
Strong +34% interview lift
Without
With
+33.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
40 currently pending
Career history
685
Total Applications
across all art units

Statute-Specific Performance

§101
1.0%
-39.0% vs TC avg
§103
34.9%
-5.1% vs TC avg
§102
28.9%
-11.1% vs TC avg
§112
28.7%
-11.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 645 resolved cases

Office Action

§103
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 . 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 02/25/26 has been entered. Claim Objections Claim 17 is objected to because of the following informalities: In Line 1, the words “wherein the multipronged awl” should be deleted. In Line 6, the first instance of the words “of the” should be deleted. Appropriate correction is required. Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claim(s) 1-4, 6-9, 13-14 & 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nozawa et al. (US PG Pub No. 2024/0016503) in view of Dinville et al. (US PG Pub No. 2015/0045893). Regarding Claim 1, Nozawa et al. discloses a multi-pronged awl (perforator 10, Figs. 1A-11, Paragraphs [0048-0091]) comprising: a shaft portion (22/30, Figs. 1A-2) having an axis (longitudinal axis running centrally along length of 22/30, Fig. 2) along a length of the shaft portion; a handle portion (21/23/24, Figs. 1A-2) extending from a first end (proximal/trailing end of 22, Fig. 2) of the shaft portion; and a head portion (40, Figs. 3-7) extending from the shaft portion at a second end (distal/leading end of 22, Fig. 2) of the shaft portion opposite the first end, the head portion comprising a housing (41, Figs. 3-7, Paragraph [0059]) and a plurality of prongs (needle members 60, Figs. 3-7) mounted in a cavity (hollow of 41) of the housing (Figs. 3 & 5, Paragraphs [0058, 0062]); wherein activation of the handle portion moves the plurality of prongs (Paragraphs 0053, 0057, 0064, 0070]) orthogonal (vertically) to the shaft axis between a retracted state (Paragraph [0071], Figs. 4-5) within the housing and an extended state (Paragraph [0072, Figs. 6-7]) extending past an edge (62/63, Figs. 4-5) on a first side (upper/top side 41a, Figs. 4-5) of the housing. Nozawa et al. does not disclose the plurality of prongs extending through a single common aperture past the edge on the first side of the housing. Dinville et al. discloses various embodiments of a multi-pronged spinal device for insertion into a damaged disc space between first and second adjacent vertebrae (Figs. 1-2D, 20A, 27A-27D), wherein one embodiment of the device (Figs. 1A-1D) comprises a main body/housing (1, Fig. 1A) having upper and lower bone facing sides (uppermost external surface of 1 and lowermost external surface of 1), and a plurality of prongs (21 & 21, Fig. 1B) attached to a plate (20, Fig. 1B), wherein in an extended state, the plurality of prongs are configured to extend through a single common aperture (each slot for the respective prongs formed through the uppermost and lowermost external surfaces of 1 as seen in Fig. 1A, not labeled, Paragraph [0052]) past an edge (peripheral edge forming each slot) on the upper and lower bone facing sides of the main body/housing (Figs. 1A, 8A) and configured to penetrate the respective vertebrae upon deployment (Paragraph [0052]), and wherein in another similar embodiment (Figs. 20A-20D), a plurality of prongs (51) are configured to each extend through respective apertures (circular openings in the uppermost and lowermost external surfaces of 1, not labeled, Fig. 20C) formed in the upper and lower bone facing sides of the main body/housing and configured to penetrate the respective vertebrae upon deployment. Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the first side of the housing of Nozawa et al. to replace the two individual prong apertures with a single common slot for the prongs which extends between the two adjacent slots as taught by Dinville et al. as an alternate and functionally equivalent aperture arrangement which allows the extendable prongs to extend from the first side of the housing and penetrate the adjacent endplate of the vertebral body to form bone tunnels as needed during the procedure. Regarding Claim 2, the combination of Nozawa et al. and Dinville et al. discloses the claimed invention as stated above in claim 1, and Nozawa et al. further discloses wherein the shaft portion comprises a retainer shaft (outer cannulated shaft/extension pipe 22, Figs. 1A-2) having a bore (22a) and an activation shaft (inner shaft/operation rod 30, Fig. 2) extending into the bore of the retainer shaft along a central axis of the multi-pronged awl (longitudinal axis running centrally through entire length of 10, Fig. 1A). Regarding Claim 3, the combination of Nozawa et al. and Dinville et al. discloses the claimed invention as stated above in claim 2, and Nozawa et al. further discloses wherein the handle portion comprises a handle knob (21, Figs. 1A-1B) and a retraction knob (23, Figs. 1A-2) rotatably screwed into the handle knob along the central axis of the multi-pronged awl (Fig. 2). Regarding Claim 4, the combination of Nozawa et al. and Dinville et al. discloses the claimed invention as stated above in claim 1, and Nozawa et al. further discloses wherein the head portion is contoured (Paragraph [0059]) and sized to be received in an intervertebral body space (Figs. 8-11). Regarding Claim 6, the combination of Nozawa et al. and Dinville et al. discloses the claimed invention as stated above in claim 1, and Nozawa et al. further discloses wherein the head portion further comprises a first trolley half (44, Figs. 3, 5 & 7) and a second trolley half (43, Figs. 3, 5 & 7) received in the cavity of the housing (Paragraphs [0060, 0064-0065]). Regarding Claim 7, the combination of Nozawa et al. and Dinville et al. discloses the claimed invention as stated above in claim 6, and Nozawa et al. further discloses wherein the plurality of prongs are received in the second trolley half (Figs. 3, 5 & 7, Paragraph [0062]). Regarding Claim 8, Nozawa et al. discloses a method of repairing a damaged disc space (t, Figs. 8-9) between a first vertebra (upper vertebra V, Fig. 9) and a second vertebra (lower vertebra V, Fig. 9) neighboring the first vertebra (Figs. 8-12, Paragraphs [0077-0091]), the first vertebra and the second vertebra defining the damaged disc space (Figs. 8-9, Paragraph [0022-0025]), the method comprising: actuating a handle (21/23/24, Figs. 1A-2) of a multi-pronged awl (perforator 10, Figs. 1A-11, Paragraphs [0048-0091]) to move a plurality of prongs (needle members 60, Figs. 3-7) (Paragraphs 0053, 0057, 0064, 0070]) orthogonal (vertically) to an axis of the multi-pronged awl (longitudinal axis running centrally through entire length of 10, Fig. 2) from a retracted state (Paragraph [0071], Figs. 4-5) within a cavity (hollow of 41) in a head (41, Figs. 3-7, Paragraph [0059]) of the multi-pronged awl to an extended state (Paragraph [0072, Figs. 6-7]) extending past an edge (41a, Figs. 4-5) of the cavity to contact and penetrate a predetermined distance (Paragraphs [0022-0024]) into a first endplate (upper endplate of upper vertebra V, Fig. 10) of the first vertebra while a back surface (41b, Figs. 6-7) of the head presses against a second endplate of the second vertebra (Fig. 10, Paragraphs [0077-0080]). Nozawa et al. does not disclose the plurality of prongs extending through a single common aperture past the edge of the cavity. Dinville et al. discloses various embodiments of a multi-pronged spinal device for insertion into a damaged disc space between first and second adjacent vertebrae (Figs. 1-2D, 20A, 27A-27D), wherein one embodiment of the device (Figs. 1A-1D) comprises a main body/housing (1, Fig. 1A) having upper and lower bone facing sides (uppermost external surface of 1 and lowermost external surface of 1), and a plurality of prongs (21 & 21, Fig. 1B) attached to a plate (20, Fig. 1B), wherein in an extended state, the plurality of prongs are configured to extend through a single common aperture (each slot for the respective prongs formed through the uppermost and lowermost external surfaces of 1 as seen in Fig. 1A, not labeled, Paragraph [0052]) past an edge (peripheral edge forming each slot) on the upper and lower bone facing sides of the main body/housing (Figs. 1A, 8A) and configured to penetrate the respective vertebrae upon deployment (Paragraph [0052]), and wherein in another similar embodiment (Figs. 20A-20D), a plurality of prongs (51) are configured to each extend through respective apertures (circular openings in the uppermost and lowermost external surfaces of 1, not labeled, Fig. 20C) formed in the upper and lower bone facing sides of the main body/housing and configured to penetrate the respective vertebrae upon deployment. Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the first side of the housing used in the method of Nozawa et al. to replace the two individual prong apertures with a single common slot for the prongs which extends between the two adjacent slots as taught by Dinville et al. as an alternate and functionally equivalent aperture arrangement which allows the extendable prongs to extend from the first side of the housing and penetrate the adjacent endplate of the vertebral body to form bone tunnels as needed during the procedure. Regarding Claim 9, the combination of Nozawa et al. and Dinville et al. discloses the claimed invention as stated above in claim 8, and Nozawa et al. further discloses prior to the actuating, inserting the head of the multi-pronged awl into the damaged disc space (Fig. 9, Paragraph [0078]). Regarding Claim 13, the combination of Nozawa et al. and Dinville et al. discloses the claimed invention as stated above in claim 8, and Nozawa et al. further discloses after the actuating, actuating the handle to return the prongs to the retracted state and withdrawing the head portion of the multi-pronged awl from the damaged disc space (Paragraphs [0080-0081]). Regarding Claim 14, the combination of Nozawa et al. and Dinville et al. discloses the claimed invention as stated above in claim 8, and Nozawa et al. further discloses wherein the actuating does not crush the first endplate (Fig. 10, Paragraph [0021-0024]). Regarding Claim 17, the combination of Nozawa et al. and Dinville et al. discloses the claimed invention as stated above in claim 7, and Nozawa et al. further discloses a deployment shaft (48, Fig. 3, 5 & 7) disposed between the first trolley half and the second trolley half (when in the position seen in Fig. 7), the deployment shaft including a ramped portion (a portion of curvilinear/ramped surface of aperture through 48 which engages pin 48a, Fig. 3, Paragraph [0064]) adjacent to a cooperating ramped portion of the first trolley half (a portion of cylindrical/ramped surface of pin 48a which is inserted through 48, Fig. 3, Paragraph [0064]), such that the activation of the handle portion pushes the ramped portion of the of the deployment shaft against the cooperating ramped portion of the first trolley half or withdraws the ramped portion of the of the deployment shaft from the cooperating ramped portion of the first trolley half, moving the plurality of prongs between the retracted state and the extended state (“The front end of the coupling link 48 is inserted between the coupling portions 44a and is pivotally coupled to the lower link 44 by a shaft 48a. The rear end of the coupling link 48 is inserted between the coupling portions 30a and is pivotally coupled to the operation rod 30 by a shaft 48b. When the operation rod 30 is operated to move from the first position to the second position, the lower link 44 is pushed via the coupling link 48 and thus moved. In contrast, when the operation rod 30 is operated to move from the second position to the first position, the lower link 44 are pulled and thus moved.”, Paragraph [0064]). Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nozawa et al. (US PG Pub No. 2024/0016503) in view of Dinville et al. (US PG Pub No. 2015/0045893) as applied to Claim 1 above and further in view of Arnold et al. (US PG Pub No. 2019/0358055). Regarding Claim 5, the combination of Nozawa et al. and Dinville et al. discloses the claimed invention as stated above in claim 4, including wherein the housing comprises a second side (lower/bottom side 41b, Figs. 4-5), except wherein the head portion further comprises a shim insert removably affixed to the second side of the housing to increase a height of the head portion. Nozawa et al. does disclose in Paragraph [0059] that “The vertical length (height) of the actuation portion case 41 is dimensioned to allow the actuation portion case 41 to be inserted between vertebrae.” Arnold et al. discloses a vertebral implant (10, Fig. 1, Paragraph [0054]) configured to be inserted into a disc space between two adjacent vertebrae, wherein the implant comprises a housing (core 12, Figs. 1-4) and a plurality of different endplates/shims (11, Fig. 1, 10-13) configured to be attached to the upper and lower ends of the housing, wherein “The vertebral body implant assembly 10 includes endplates 11 fixed at the superior and inferior ends of a tubular core expanding body 12 wherein the expandable implant can be customized to accommodate various needs by attaching from a selection of different endplates. The customization of the expandable tubular core can be done moments before implant of the expandable vertebral body replacement, which gives the benefit of customizing the implant based on expected and unexpected circumstances and conditions of the surrounding vertebral bodies.” (Paragraph [0054]). “The variable lengths of the sides of endplate 94 and endplate 11 make the core expanding body 12 even more customizable and enable the vertebral body implant assembly 10 to maximize the surface area contact between the endplates 11, 94 and the adjacent vertebral body, resulting in the ability to provide the most stable support.” It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the housing of the combination to include a connection interface on the lower/bottom side surface thereof for removably coupling to one of a variety of different modular endplates/shims as taught by Arnold et al. in order to allow the awl to be customized in height based on a patient’s particular needs. Claim(s) 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nozawa et al. (US PG Pub No. 2024/0016503) in view of Dinville et al. (US PG Pub No. 2015/0045893) and Arnold et al. (US PG Pub No. 2019/0358055). Regarding Claims 15-16, Nozawa et al. discloses a multi-pronged awl (perforator 10, Figs. 1A-11, Paragraphs [0048-0091]) comprising: a shaft portion (22/30, Figs. 1A-2) having an axis (longitudinal axis running centrally along length of 22/30, Fig. 2) along a length of the shaft portion; a handle portion (21/23/24, Figs. 1A-2) extending from a first end (proximal/trailing end of 22, Fig. 2) of the shaft portion; and a head portion (40, Figs. 3-7) extending from the shaft portion at a second end (distal/leading end of 22, Fig. 2) of the shaft portion opposite the first end, the head portion comprising a housing (41, Figs. 3-7, Paragraph [0059]) and a plurality of prongs (needle members 60, Figs. 3-7) mounted in a cavity (hollow of 41) of the housing (Figs. 3 & 5, Paragraphs [0058, 0062]); wherein activation of the handle portion moves the plurality of prongs (Paragraphs 0053, 0057, 0064, 0070]) between a retracted state (Paragraph [0071], Figs. 4-5) within the housing and an extended state (Paragraph [0072, Figs. 6-7]) extending past an edge (62/63, Figs. 4-5) on a first side (upper/top side 41a, Figs. 4-5) of the housing; wherein the activation of the handle portion moves the plurality of prongs (Paragraphs 0053, 0057, 0064, 0070]) orthogonal (vertically) to the shaft axis between the retracted state (Paragraph [0071], Figs. 4-5) within the housing (Fig. 3) and the extended state (Paragraph [0072, Figs. 6-7]) extending past the edge on the first side of the housing (Figs. 6-7). Nozawa et al. does not disclose the plurality of prongs extending through a single common aperture past the edge on the first side of the housing. Dinville et al. discloses various embodiments of a multi-pronged spinal device for insertion into a damaged disc space between first and second adjacent vertebrae (Figs. 1-2D, 20A, 27A-27D), wherein one embodiment of the device (Figs. 1A-1D) comprises a main body/housing (1, Fig. 1A) having upper and lower bone facing sides (uppermost external surface of 1 and lowermost external surface of 1), and a plurality of prongs (21 & 21, Fig. 1B) attached to a plate (20, Fig. 1B), wherein in an extended state, the plurality of prongs are configured to extend through a single common aperture (each slot for the respective prongs formed through the uppermost and lowermost external surfaces of 1 as seen in Fig. 1A, not labeled, Paragraph [0052]) past an edge (peripheral edge forming each slot) on the upper and lower bone facing sides of the main body/housing (Figs. 1A, 8A) and configured to penetrate the respective vertebrae upon deployment (Paragraph [0052]), and wherein in another similar embodiment (Figs. 20A-20D), a plurality of prongs (51) are configured to each extend through respective apertures (circular openings in the uppermost and lowermost external surfaces of 1, not labeled, Fig. 20C) formed in the upper and lower bone facing sides of the main body/housing and configured to penetrate the respective vertebrae upon deployment. Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the first side of the housing of Nozawa et al. to replace the two individual prong apertures with a single common slot for the prongs which extends between the two adjacent slots as taught by Dinville et al. as an alternate and functionally equivalent aperture arrangement which allows the extendable prongs to extend from the first side of the housing and penetrate the adjacent endplate of the vertebral body to form bone tunnels as needed during the procedure. Nozawa et al. further fails to disclose a kit comprising the awl and a plurality of interchangeable shim inserts having different thicknesses for affixing to a second side of the housing to adjust a height of the head portion. Nozawa et al. does disclose in Paragraph [0059] that “The vertical length (height) of the actuation portion case 41 is dimensioned to allow the actuation portion case 41 to be inserted between vertebrae.” Arnold et al. discloses a vertebral implant (10, Fig. 1, Paragraph [0054]) configured to be inserted into a disc space between two adjacent vertebrae, wherein the implant comprises a housing (core 12, Figs. 1-4) and a plurality of different endplates/shims (11, Fig. 1, 10-13) configured to be attached to the upper and lower ends of the housing, wherein “The vertebral body implant assembly 10 includes endplates 11 fixed at the superior and inferior ends of a tubular core expanding body 12 wherein the expandable implant can be customized to accommodate various needs by attaching from a selection of different endplates. The customization of the expandable tubular core can be done moments before implant of the expandable vertebral body replacement, which gives the benefit of customizing the implant based on expected and unexpected circumstances and conditions of the surrounding vertebral bodies.” (Paragraph [0054]). “The variable lengths of the sides of endplate 94 and endplate 11 make the core expanding body 12 even more customizable and enable the vertebral body implant assembly 10 to maximize the surface area contact between the endplates 11, 94 and the adjacent vertebral body, resulting in the ability to provide the most stable support.” It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the housing of Nozawa et al. to include a connection interface on the lower/bottom side surface thereof for removably coupling to one of a variety of different modular endplates/shims provided in a kit with the awl as taught by Arnold et al. in order to allow the awl to be customized in height based on a patient’s particular needs. Claim(s) 10-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nozawa et al. (US PG Pub No. 2024/0016503) in view of Dinville et al. (US PG Pub No. 2015/0045893) as applied to Claim 8 above and further in view of Hodrinsky et al. (US PG Pub No. 2022/0331124). Regarding Claims 10-12, the combination of Nozawa et al. and Dinville et al. discloses the claimed invention as stated above in claim 8, except the steps of prior to the actuating, selecting the head of the multi-prong awl to have a predetermined height and a predetermined contour based on a distance between the first endplate and the second endplate, a contour of the first endplate, and a contour of the second endplate; prior to the selecting, determining the distance between the first endplate and the second endplate, the contour of the first endplate, the contour of the second endplate, and a thickness of the first endplate; and prior to the selecting, mounting the prongs in the head such that in the extended state, the prongs extend a predetermined distance into the first endplate with the back of the head positioned against the second endplate based on the determined thickness of the first endplate. Nozawa et al. does disclose in Paragraphs [0023-0025] that “The length of the projecting needle member is preferably long enough to penetrate through the endplate of the vertebra. Although it depends on the thickness of the endplate of the patient's vertebra, the length is in a range of 1 mm to 15 mm, preferably in a range of 3 mm to 10 mm, more preferably in a range of 4 mm to 7 mm. Also, the thickness of the needle member is preferably dimensioned not to destroy the vertebra endplate while ensuring the strength of the needle member body. Although it depends on the strength of the endplate of the patient's vertebra, the thickness is in a range of 0.5 mm to 10 mm, preferably in a range of 1 mm to 5 mm, more preferably in a range of 1 mm to 2 mm. The number and layout of needle members may be adjusted according to the thickness, the area, and the like of the patient's vertebral endplates. For example, for a patient with thin endplates, a fewer number of needle members and/or a longer distance between the needle members may be used. For a patient with thick endplates, a greater number of needle members and/or a shorter distance between the needle members may be used.” It is noted that one having ordinary skill in the art would recognize that it is well known and common to use various radiographic imaging such as X-ray or CT to visualize the location, condition, size, anatomical features, etc, of a disc space and surrounding vertebral bodies prior to performing a spinal procedure in order to ensure appropriately sized instrumentation and devices are used on the patient to prevent injury. Hodrinsky et al. discloses a system and method for intervertebral disc replacement between two vertebral endplates (Fig. 1A-2C), and discloses in Paragraph [0005] that "Typically, the disc replacement procedure is performed under general anesthesia with the help of X-ray imaging technology. While holding the disc space between the two vertebrae open, the disc is removed using a microscope and surgical instruments specifically made for this purpose. Once the disc has been safely removed, the space is increased to restore the natural height and to allow the implant to be inserted. The endplates (top and bottom of each vertebra) are then prepared to incorporate the artificial disc or fusion device. When the artificial disc or fusion device is firmly in place, the tension is taken off the vertebral bodies above and below, thereby recompressing the artificial disc or fusion device and thus holding it in place, as illustrated in FIG. 1B for an artificial disc device or in FIG. 1C for a fusion device." Paragraph [0053] further discloses "As illustrated in FIG. 4, the method of fabricating the interface device of the present disclosure includes acquiring 3D image scan data of spine or neck using Computerized Tomography (CT) scan and/or Magnetic Resonance Imaging (MRI) (step 100), converting the CT and/or MM scan to an engineering file (200), creating a 3D digital model of the vertebrae's endplate (300) using a commercially-available software such as Solidworks CAD, for example, obtaining a 3D digital model of the corresponding mating surface of the artificial replacement disc (400), combining the 3D digital model of the vertebrae's endplate and the 3D digital model of the mating surfaces of the artificial replacement disc (500), outputting the combined 3D digital model (600) and printing the interface device (700) using the three-dimensional printing technology, such as 3D printer. According to some embodiments of the present invention, a 3D digital model of the surface morphology of the commercially available replacement discs can be stored and retrieved from the database maintained locally or remotely on the server (such as database 112 of FIG. 3)". (Fig. 4). Paragraphs [0044, 0068] further disclose that "Using proper preoperative medical imaging techniques combined with our 3D printing approach, the surgeon has the ability to infinitely adjust the endplate thickness, size, angle and shape." Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the method of the combination to add the steps of using a CT or MRI scan to acquire 3D image scan data of the spine to include endplate thickness, size, angle and shape and creating a digital model of the spine's target vertebral endplates and disc space where an implant is to be subsequently inserted as taught by Hodrinsky et al., such that a distance between the first endplate and the second endplate, the contour of the first endplate, the contour of the second endplate, and a thickness of the first endplate is visually determined and verified, and such that prior to the actuating, the head of the multi-prong awl is selected based on the distance between the first endplate and the second endplate, the contour of the first endplate, and the contour of the second endplates, as taught by Hodrinsky et al. in order to allow a surgeon to visually confirm the overall conditions of the disc space, vertebrae, and treatment area and the instrument size based on a patient's particular needs prior to performing the procedure in the disc space which decreases the likelihood of unintentional injury to the patient. Response to Arguments In regards to Applicant’s arguments, filed 02/25/26, with respect to the Nozawa et al. 102(a)(1) rejection of Claims 1-4, 6-9 & 13-14: The Applicant’s arguments have been fully considered but are moot in view of the new grounds of rejection based on the newly amended claims. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA WEISS whose telephone number is (571) 270-5597. The examiner can normally be reached Monday through Friday, 8:00 am to 4:00 pm EST. If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, KEVIN T. TRUONG, at 571-272-4705. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JESSICA WEISS/Primary Examiner, Art Unit 3775
Read full office action

Prosecution Timeline

Jul 03, 2024
Application Filed
Oct 08, 2025
Non-Final Rejection — §103
Oct 29, 2025
Response Filed
Jan 16, 2026
Final Rejection — §103
Feb 10, 2026
Response after Non-Final Action
Feb 25, 2026
Request for Continued Examination
Mar 15, 2026
Response after Non-Final Action
Mar 26, 2026
Non-Final Rejection — §103
Apr 09, 2026
Examiner Interview Summary
Apr 09, 2026
Applicant Interview (Telephonic)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12599486
GLENOID IMPLANT SURGERY USING PATIENT SPECIFIC INSTRUMENTATION
2y 5m to grant Granted Apr 14, 2026
Patent 12594362
MEDICAL IMPLANT WITH CONTROLLABLE ELECTRO-MECHANICAL INTERACTIONS AT A MATERIAL/BACTERIA INTERFACE
2y 5m to grant Granted Apr 07, 2026
Patent 12582417
OSCILLATING DECORTICATION BURR ASSEMBLY
2y 5m to grant Granted Mar 24, 2026
Patent 12557980
Inflatable Speculum Device
2y 5m to grant Granted Feb 24, 2026
Patent 12544081
SURGICAL REAMER AND METHOD OF REAMING A BONE
2y 5m to grant Granted Feb 10, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

3-4
Expected OA Rounds
81%
Grant Probability
99%
With Interview (+33.8%)
2y 10m
Median Time to Grant
High
PTA Risk
Based on 645 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month