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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 76, 77, 80, and 85 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 76 recites the limitation "the diameter" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 77 recites the limitation "the sidewalls". There is insufficient antecedent basis for this limitation in the claim.
Claim 80 recites the limitation "the top surface". There is insufficient antecedent basis for this limitation in the claim.
Claim 85 recites the limitations "the first abutting surface" and “the bone fastener surface”. There is insufficient antecedent basis for these limitations in the claim.
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.
Claim(s) 75-80, and 85 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Crossgrove et al. (Pub. No. US 2018/0092670 A1).
Regarding claims 75-80 and 85, Crossgrove et al. discloses a bone anchor 100 (figure 3A) for a flexible connector, comprising: a bone fastener 110 having a top 112 with a rounded portion, a threaded portion 114 adapted and configured to fasten to a bone (figure 5A); a base 120 including a through aperture 121 for receiving therein said bone fastener, a pocket surrounding the aperture (figure 6A), and at least one bone penetrating projection 124 (figure 5A); a head130 (figure 3A) having a bottom adapted and configured to be received within the pocket (figure 6A), a top including a threaded receptacle 136 (figure 6A), and an interior adapted and configured to couple to the rounded portion 112 and permit polyaxial pivoting of the bone fastener 110 relative to said head 130 (figure 6A); and a member 150 within said head 130, said member 150 having a pair of arms defining a corridor therebetween for passage of a flexible connector (figure 6A). Said bone fastener includes a neck portion between the top 112 and the threaded portion 114, and the through aperture of said base 120 is larger than the diameter of the neck portion (figure 6A). Said bone fastener 110 is pivotal relative to said base 120 within a range of angles, and the neck portion does not contact the sidewalls of the through aperture within the range of angles (figure 6A- this is dependent upon the range of angles. If the range is small enough, the neck portion will not contact the sidewalls of the through aperture. The claim does not specify that the range is the maximum range.). Said member 150 is a separable member releaseably coupled to said head 130 (figure 6A). Said member 150 includes a pedestal having a bone fastener surface 156 (figure 6A), said member being releaseably coupled to the interior of said head (figure 6A). Said member includes a pedestal having a bone fastener surface 156 including a pocket, the pocket being adapted and configured to contain within it the top surface 112 of said bone fastener (figure 6A). The bone anchor further comprises a set screw 140 having a bottom with a second abutting surface, and threads adapted and configured to threadably couple to the threaded receptacle 136 of said head 130 (figure 3A), wherein tightening of said set screw 140 within the threaded receptacle 136 brings the first and second abutting surfaces into contact to compress the bone fastener surface against said bone fastener (figure 6A).
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 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) 81-84 is/are rejected under 35 U.S.C. 103 as being unpatentable over Crossgrove et al. (Pub. No. US 2018/0092670 A1) in view of Jackson et al. (Pat. No. US 10,194,951 B2)
Regarding claims 81-84, Crossgrove et al. discloses the claimed invention except wherein the bone anchor further comprises a collar having a rounded aperture adapted and configured for polyaxial sliding contact with the rounded portion of said bone fastener, said collar being received within the interior of said head; wherein the rounded aperture has a rounded concave shape and the rounded portion has a rounded convex shape; wherein the rounded aperture has a concave spherical shape and the rounded portion has a convex spherical shape; wherein the bottom of said head includes a recess, said collar is a split ring having a compressed state, and in the compressed state said collar fits within the recess.
Jackson et al. teaches wherein a bone anchor further comprises a collar 12 having a rounded aperture 121 adapted and configured for polyaxial sliding contact with the rounded portion 8 of said bone fastener 6, said collar 12 being received within the interior of said head 1; wherein the rounded aperture 121 has a rounded concave shape and the rounded portion 8 has a rounded convex shape; wherein the rounded aperture 121 has a concave spherical shape (figure 15) and the rounded portion 8 has a convex spherical shape (figure 1); wherein the bottom of said head 1 includes a recess, said collar is a split ring having a compressed state, and in the compressed state said collar fits within the recess (figure 29), for the purpose of allowing top loading of the receiver onto the shank, enabling the user to place the receiver on a shank which has already been implanted in the bone (figure 29).
It would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to modify the bone anchor such that it further comprises a collar having a rounded aperture adapted and configured for polyaxial sliding contact with the rounded portion of said bone fastener, said collar being received within the interior of said head; wherein the rounded aperture has a rounded concave shape and the rounded portion has a rounded convex shape; wherein the rounded aperture has a concave spherical shape and the rounded portion has a convex spherical shape; wherein the bottom of said head includes a recess, said collar is a split ring having a compressed state, and in the compressed state said collar fits within the recess, as taught by Jackson et al., for the purpose of for the purpose of allowing top loading of the receiver onto the shank, enabling the user to place the receiver on a shank which has already been implanted in the bone (figure 29).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO form 892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lynnsy Summitt whose telephone number is (571)270-7856. The examiner can normally be reached on Monday through Thursday from 8am until 5pm.
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Eduardo 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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/LYNNSY M SUMMITT/ Primary Examiner, Art Unit 3773
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