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.
Claim 36 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Huang US 2013/0325129 (hereafter referred to as Huang; cited in IDS). Huang discloses a medical implant 1 comprising an upper end plate 75, a lower end plate 76, an implant body 103 that extends between the upper end plate and the lower end plate (figs. 23-24), the implant body 103 comprising a three-dimensional lattice structure (par.50; figs. 23-24) having a first elastic modulus (elastic modulus is an inherent material property therefore the lattice structure inherently has a first elastic modulus), and a leading edge 77 configured to distract tissue during implantation of the medical implant (fig.24; “configured to distract tissue” is directed to an intended use of the implant and the leading edge 77 is capable of distracting tissue at least due to the tapered shape).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Levieux US 2018/0368991, Arnone US 2018/0110624, Joly et al. US 2017/0333205, Tsai et al. US 2017/0156878, and Kraus et al. US 2011/0301709 each disclose a medical implant comprising an upper end plate, a lower end plate, an implant body that extends between the upper end plate and the lower end plate, the implant body comprising a three-dimensional lattice structure having a first elastic modulus, and a leading edge capable of distracting tissue during implantation of the medical implant.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MEGAN Y WOLF whose telephone number is (571)270-3071. The examiner can normally be reached Mon-Fri 8am-2pm EST.
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/MEGAN Y WOLF/Primary Examiner, Art Unit 3774
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