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 1-3, 5-8, and 10-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Benson et al. (US 20200022733 A1) (hereon referred to as Benson).
Regarding claim 1, Benson teaches a sensing assembly (see Fig. 15A), comprising:
a set screw (50a) comprising an upper surface (58), an outside thread pattern (51) disposed on a circumferential side surface (see Fig. 15a), a bottom surface (51a), and an internal cavity (53; note that embodiments may be combined, see Para. [0093]) disposed between the bottom surface (51a), the circumferential side surface (see Fig. 15a), and the upper surface (50a; see Para. [0053]);
an antenna (300);
a local power source (see Para. [0073]); and
at least one sensor (306) comprising an integrated circuit (302) in communication with the antenna (see Para. [0088]),
wherein the sensor (306) and integrated circuit (302) are positioned within the internal cavity (see Para. [0053]), and wherein the antenna (300) is configured to transmit information received from the at least one sensor to an external device (see Para. [0054]).
Regarding claim 2, Benson teaches the sensing assembly of claim 1, wherein the at least one sensor is a strain gauge (306; see Para. [0054]).
Regarding claim 3, Benson teaches the sensing assembly of claim 1, further comprising an electronics subassembly (304), and an overmold portion (54) adjacent the antenna (300, see Fig. 15A).
Regarding claim 5, Benson teaches a load sensing assembly (see Fig. 15A), the load sensing assembly comprising:
a medical implant (30 and 50a) comprising an upper surface (58), a side surface (see Fig. 15a), a bottom surface (51a), and an internal cavity (53; note that embodiments may be combined, see Para. [0093) disposed between the bottom surface (51a), and the upper surface (58, see Para. [0053]);
an antenna (300);
a local power source (see Para. [0073]); and
at least one sensor (306) comprising an integrated circuit (302) in communication with the antenna (see Para. [0088]),
wherein the sensor (306) and integrated circuit (302) are positioned within the internal cavity (see Para. [0053]), and wherein the antenna (300) is configured to transmit information received from the at least one sensor to an external device (see Para. [0054]).
Regarding claim 6, Benson teaches the load sensing assembly of claim5, wherein the medical implant is a pedicle screw (see Para. [0053]).
Regarding claim 7, Benson teaches the sensing assembly of claim6, wherein the at least one sensor (306) is a strain gauge (see Para. [0054]).
Regarding claim 8, Benson teaches the sensing assembly of claim 6, further comprising an electronics subassembly (304), and an overmold portion (54) adjacent the antenna (300).
Regarding claim 10, Benson teaches a load sensing assembly (see Fig. 15A), the load sensing assembly comprising:
a medical implant (30 and 50A) comprising an upper surface (58),
a side surface (see Fig. 15a), a bottom surface (51a), and port (53; note that embodiments may be combined, see Para. [0093) that is accessible through at least one of the bottom surface, side surface, and the upper surface (see Para. [0083]);
an electronics package (consisting of 300, 302, and 306) having a size and shape generally corresponding to the port, the electronics package being configured for inserting within the port (see Para. [0084]).
Regarding claim 11, Benson teaches the load sensing assembly of claim 10, wherein the electronics package comprises:
an antenna (300);
a local power source (see Para. [0073]); and
at least one sensor (306) comprising an integrated circuit (302) in communication with the antenna (see Para. [0088]),
wherein the sensor (306) and integrated circuit (302) are positioned within the internal cavity (see Para. [0053]), and wherein the antenna (300) is configured to transmit information received from the at least one sensor to an external device (see Para. [0054]).
Regarding claim 12, Benson teaches the load sensing assembly of claim 11, wherein the medical implant is a pedicle screw (see Para. [0053]).
Regarding claim 13, Benson teaches the sensing assembly of claim 11, wherein the at least one sensor (306) is a strain gauge (see Para. [0054]).
Regarding claim 14, Benson teaches the sensing assembly of claim 11, further comprising an electronics subassembly (304), and an overmold portion (54) adjacent the antenna (300).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 4, 9, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Benson as applied to claims 1, 5, and 11 above, and further in view of Macewan et al. (US 20200330230 A1) (hereon referred to as Macewan).
Benson teaches a sending assembly as outlined in the rejection of claims 1, 5, and 11 above, however fails to teach wherein the antenna, local power source, and electronics subassembly are hermetically sealed within the internal cavity of the set screw.
Macewan teaches a conductive screw attached to a power supply, wherein the screw contains a conductor electrically couplable to the screw (see Para. [0046]), and wherein the power source is hermetically sealed (see Para. [0052]).
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the internal components of Benson to be hermetically sealed as taught by Macewan, as this would prevent damage caused by unwanted introduction of fluids from the body (see Para. [0066]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOLLY J LANE whose telephone number is (703)756-4702. The examiner can normally be reached Monday-Friday 9:00am-5:00pm.
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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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/H.J.L./Examiner, Art Unit 3773 /EDUARDO C ROBERT/Supervisory Patent Examiner, Art Unit 3773