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
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3, 8-13, 18-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Taber et al. (U.S. Pub. No. 2014/0309695 A1, hereinafter “Taber”).
Taber discloses, regarding claim 1, a fixation assembly (200, see Figs. 10A-D) comprising: an upper plate half (see annotated Fig. 10D below, note fixed and slidable upper plates and upper planar base) having an upper planar base (see annotated Fig. 10D below) with a first upper end (208) and a second upper end (300), wherein the first upper end includes a fixed upper plate extending upwardly (see annotated Fig. 10D below) and the second upper end includes a slidable upper plate extending upwardly and configured to be adjusted along the upper planar base (see Figs. 10C-D); a lower plate half (204); and an insert (240 or 328) configured to be inserted between the upper plate half and the lower plate half (see also annotated Fig. 10D below, note that the insert has been inserted into an opening of the upper plate half and extends between the upper plate half and lower plate half).
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Regarding claim 2, wherein the fixed upper plate and the slidable upper plate contain upper spikes (132) to engage a spinous process (see Fig. 10D).
Regarding claim 3, wherein the slidable upper plate engages the upper planar base via a dovetail connection (via 318, see Fig. 22, see also para. [0079]).
Regarding claim 8, wherein the lower plate half (see annotated Fig. 10D above, note fixed and slidable lower plates and lower planar base) includes a lower planar base (see annotated Fig. 10D above) with a first lower end (210) and a second lower end (302), wherein the first lower end includes a fixed lower plate extending upwardly (see annotated Fig. 10D above) and the second lower end includes a slidable lower plate extending upwardly (see annotated Fig. 10D above) and configured to be adjusted along the lower planar base (see Figs. 10C-D).
Regarding claim 9, wherein the fixed lower plate and the slidable lower plate contain lower spikes (132) to engage a spinous process (see Fig. 10D).
Regarding claim 10, wherein the slidable lower plate engages the lower planar base via a dovetail connection (via 336, see Fig. 24, see also para. [0081]).
Taber discloses, regarding claim 11, a method of fixating adjacent spinous processes (see para. [0039]), said method comprising: providing a fixation assembly (200, see Figs. 10A-D), wherein the fixation assembly includes: an upper plate half (see annotated Fig. 10D below, note fixed upper and slidable upper plates and upper planar base) having an upper planar base (see annotated Fig. 10D above) with a first upper end (208) and a second upper end (300), wherein the first upper end includes a fixed upper plate extending upwardly (see annotated Fig. 10D above) and the second upper end includes a slidable upper plate extending upwardly (see annotated Fig. 10D above) and configured to be adjusted along the upper planar base (see Figs. 10C-D); a lower plate half (see annotated Fig. 10 below, note fixed lower and slidable lower plates and lower planar base); and an insert (240 or 328) configured to be inserted between the upper plate half and the lower plate half (see annotated Fig. 10D above), inserting the upper plate half and lower plate half between the adjacent spinous processes (see Fig. 9, see para. [0062] “the spacer 102 of implant 100 has been replaced by four (4) arms 206”); inserting the insert between the upper plate half and the lower plate half (see annotated Fig. 10D above, note that the insert has been inserted into an opening of the upper plate half and extends between the upper plate half and lower plate half); and adjusting a distance between the fixed upper plate and the slidable upper plate to engage one of the adjacent spinous processes (see Fig. 10C, see also paras. [0079] and [0081], note sliding within cavities 322, 324 and 340, 324).
Regarding claim 12, wherein the fixed upper plate and the slidable upper plate contain upper spikes (132, see Fig. 10D).
Regarding claim 13, wherein the slidable upper plate engages the upper planar base via a dovetail connection (via 318, see Fig. 22, see also para. [0079]).
Regarding claim 18, wherein the lower plate half (see annotated Fig. 10D above, note fixed and slidable lower plates and lower planar base) includes a lower planar base (see annotated Fig. 10D above) with a first lower end (302) and a second lower end (300), wherein the first lower end includes a fixed lower plate extending upwardly (see annotated Fig. 10D above) and the second lower end includes a slidable lower plate extending upwardly (see annotated Fig. 10D above) and configured to be adjusted along the lower planar base (see annotated Fig. 10D above).
Regarding claim 19, wherein the fixed lower plate and the slidable lower plate contain lower spikes (132, see Fig. 10D) to engage a spinous process.
Regarding claim 20, wherein the slidable lower plate engages the lower planar base via a dovetail connection (via 336, see Fig. 24, see also para. [0081]).
Allowable Subject Matter
Claim(s) 4-7, 14-17 is/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: The claims in the instant application have not been rejected using prior art because no references, or reasonable combination thereof, could be found which disclose, or suggest:
A fixation assembly with an upper plate half with an upper planar base, a fixed upper plate and a slidable upper plate, and an insert; and as per claim 4, wherein the insert is a hollow parallelepiped shaped device having a top surface, a bottom surface, a posterior surface, an anterior surface, and opposing lateral surfaces.
A method of fixating adjacent spinous processes comprising providing a fixation assembly with an upper plate half with an upper planar base, a fixed upper plate and a slidable upper plate, and an insert; and as per claim 14, wherein the insert is a hollow parallelepiped shaped device having a top surface, a bottom surface, a posterior surface, an anterior surface, and opposing lateral surfaces.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michelle C. Green whose telephone number is (571)270-7051. The examiner can normally be reached on Monday-Friday between 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Eduardo C. Robert, 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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/M.C.G/ Examiner, Art Unit 3773
/EDUARDO C ROBERT/ Supervisory Patent Examiner, Art Unit 3773
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