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 .
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 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.
Claims 23-26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wall et al. (US 2013/0096635 A1).
Claim 23. Wall discloses a connection device (collar 10) for use with an extension member of a bone anchoring device, the connection device comprising:
a sleeve having a bottom end (see Fig. 3 inset), a top end (see Fig. 3 inset) above the bottom end, and a longitudinal axis (extends parallel to longitudinal axes of tongs 36 and 37 as shown in Fig. 9) that extends between the bottom and top ends, the sleeve comprising a wall (body 11 – see Fig. 1 for how ref. char. 11 corresponds to collar 10) extending axially between the bottom and top ends, and extending at least partially around the longitudinal axis to define an inner space (see Fig. 3 inset),
wherein a first opening (see Fig. 3 inset) extends from an outer surface of the wall radially inwardly toward the inner space,
wherein a guiding recess (see Fig. 3 inset) extends axially from the bottom end to the first opening, the guiding recess being configured to receive an end portion of the extension member (see Fig. 9), and
wherein a portion (see Fig. 3 inset) of the wall between the guiding recess and the inner space extends continuously from a first circumferential end (see Fig. 3 inset) of the guiding recess to an opposite second circumferential end (see Fig. 3 inset) of the guiding recess (Figs. 3 and 9).
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[AltContent: connector][AltContent: textbox (Top End)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Bottom End)][AltContent: textbox (First Opening)][AltContent: connector][AltContent: connector][AltContent: connector][AltContent: textbox (Inner Space)][AltContent: connector][AltContent: textbox (Guiding Recess)][AltContent: connector][AltContent: textbox (Portion of the Wall)][AltContent: arrow][AltContent: textbox (First Circumferential End)][AltContent: arrow][AltContent: textbox (Second Circumferential End)]
Claim 24. Wall discloses wherein part of the wall extends continuously around the entire guiding recess (see Fig. 3) (Figs. 3 and 9).
Claim 25. Wall discloses wherein at least part of the wall extends circumferentially and continuously around the entire inner space (see Fig. 3) (Figs. 3 and 9).
Claim 26. Wall discloses wherein the first opening extends through the wall to the inner space (see Fig. 9) (Figs. 3 and 9).
Claims 35, 41, and 42 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Moore et al. (US 2010/0114179 A1).
Claim 35. Moore discloses a system, comprising:
a connection device (guide 520) for use with a first extension member (one of arms 432) of a bone anchoring device (assembly 400), the connection device comprising a sleeve having a bottom end (see Fig. 19c inset), a top end (see Fig. 19c inset) above the bottom end (note when flipped over, the identified top end would be located above the bottom end), and a longitudinal axis (coaxial with longitudinal axis of shaft 510 as shown in Fig. 19a) that extends between the bottom and top ends, the sleeve comprising a wall (see Fig. 19c inset) extending axially between the bottom and top ends, and extending at least partially around the longitudinal axis to define an inner space (occupied by arms 432 and shaft 510), wherein the wall has a first guiding recess (one of passageways 522) extending into the bottom end of the sleeve and being configured to receive an end portion of the first extension member to engage the sleeve with the first extension member (see Fig. 19c); and
an insert (shaft 510) configured to extend past the top end of the sleeve, through the entire inner space, and past the bottom end of the sleeve (see Fig. 19a) to detachably engage with the sleeve and, when engaged with the sleeve, to controllably guide the end portion of the first extension member into the first guiding recess at the bottom end of the sleeve (note that shaft 510 can be engaged with assembly 400 and then guide 520 can be slid along shaft 510 such that arms 432 enter passageways 522) (Figs. 10, 11, and 19a-19c).
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Claim 41. Moore discloses the bone anchoring device (assembly 400), the bone anchoring device comprising the first extension member (one of arms 432) and a second extension member (the other of arms 432) positioned opposite to the first extension member,
wherein the wall has a second guiding recess (the other of passageways 522), positioned opposite to the first guiding recess, and configured to receive an end portion of the second extension member (see Fig. 19c) (Figs. 10, 11, and 19a-19c).
Claim 42. Moore discloses wherein a portion of the insert that is configured to extend past the bottom end of the wall, when the insert is engaged with the sleeve, is also configured to extend between the respective end portions of the first and second extension members (see Fig. 19a) (Figs. 10, 11, and 19a-19c).
Allowable Subject Matter
Claims 29-34 are allowed. The following is a statement of reasons for the indication of allowable subject matter: these claims have not been rejected using prior art because no references, or reasonable combination thereof, could be found which disclose, or suggest, a connection device wherein the side surface of the first opening is inclined relative to the longitudinal axis and wherein the first extension member is configured to extend through the bottom opening.
Claims 27, 28, and 36-40 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.
Response to Arguments
Applicant's arguments filed October 24, 2025 have been fully considered but they are not persuasive. Regarding claim 23 and Wall, Applicant states that Wall does not disclose a first opening extending radially inwardly toward the inner space (see pg. 8). The Examiner disagrees (see the rejection above, including the labeling of the first opening and the inner space in Fig. 3 on pg. 3).
Applicant’s arguments filed October 24, 2025 with respect to claim 35 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 JULIANNA N HARVEY whose telephone number is (571)270-3815. The examiner can normally be reached Mon.-Fri. 8:00am-5:00pm EST.
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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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/JULIANNA N HARVEY/Primary Examiner, Art Unit 3773