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 .
Election/Restrictions
Applicant’s election without traverse of Species XI (Figs. 14A-14F) in the reply filed on 01/06/2026 is acknowledged. Claims 34, 38, 40-42, and 44-50 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species I-VIII and X-XII, there being no allowable generic or linking 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.
Claims 31-33, 35-37, 39, and 43 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Grotz (US 20160135960 A1).
Regarding claim 31, Grotz teaches An expandable implant (see Fig. 12) having an insertion direction to be placed in an intervertebral space, comprising:
a first section (upper portions 218, see labelled diagram of Fig. 15 below) having a first bone-engaging surface (223);
a second section (lower portions 218, see labelled diagram of Fig. 12 below) having a second bone-engaging surface arranged opposite to the first section (223), the first and second bone-engaging surfaces arranged to be substantially in parallel to the insertion direction (note that the outer sureface of the implant is parallel to the longitudinal axis thereof, see Fig. 12);
an interconnection structure (222) interconnecting the first section and the second section (see Fig. 12), at least one portion of the interconnection structure being deformable to allow for a change of a distance and/or orientation between the first section and second section (see Para. [0069]); and
a first partial inner cylindrical thread structure (234) arranged between the first section and the second section, the first partial inner cylindrical thread structure having a first thread axis (see Para. [0072]), the first thread axis being oblique to the insertion direction by a first angle alpha (see labelled diagram of Fig. 15 below).
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Regarding claim 32, Grotz teaches the expandable implant of claim 31, further comprising: a first ramped surface facing an open segment of the first partial inner cylindrical thread structure and arranged between the first section and the second section (see labelled diagram of Fig. 15 below), wherein a distance between the first ramped surface and the first partial inner cylindrical thread structure measured in a direction that is perpendicular to the first and second bone-engaging surfaces decreases along the insertion direction (see labelled diagram of Fig. 15 below).
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Regarding claim 33, Grotz teaches the expandable implant of claim 32, wherein the first ramped surface forms a cylindrical segment surface having a cylindrical axis that is oblique to the insertion direction by a second angle alpha2 (see labelled diagram of Fig. 15 above).
Regarding claim 35, Grotz teaches the expandable implant of claim 31, further comprising: a third partial inner cylindrical thread structure arranged between the first section and the second section, extending next to the first partial inner cylindrical thread structure (see labelled diagram of Fig. 15 above), the third partial inner cylindrical thread structure having a third thread axis, the third thread axis being oblique to the insertion direction by a third angle (see labelled diagram of Fig. 15 above).
Regarding claim 36, Grotz teaches the expandable implant of claim 35, further comprising: a second ramped surface facing an open segment of the third partial inner cylindrical thread structure and arranged between the first section and the second section (see labelled diagram of Fig. 15 above), wherein a distance between the second ramped surface and the third partial inner cylindrical thread structure measured in a direction that is perpendicular to the first and second bone-engaging surfaces decreases along the insertion direction (see labelled diagram of Fig. 15 above).
Regarding claim 37, Grotz teaches the expandable implant of claim 35, further comprising: a fourth partial inner cylindrical thread structure arranged between the first section and the second section and arranged to face the third partial inner cylindrical thread structure such a third thread pitch of the third partial inner cylindrical thread structure and a fourth thread pitch of the fourth partial inner cylindrical thread structure are matching (see Para. [0072]), the fourth partial inner cylindrical thread structure having a fourth thread axis, the fourth thread axis being oblique to the insertion direction by a fourth angle (see labelled diagram of Fig. 15 above).
Regarding claim 39, Grotz teaches the expandable implant of claim 31, further comprising: a first conically-shaped screw element (210) having a first outer thread configured for threadable engagement with the first partial inner cylindrical thread structure (see Para. [0068]).
Regarding claim 43, Grotz teaches the expandable implant of claim 31, wherein the interconnection structure (222) is deformable to permit an expansion of a distance D between the upper and lower sections upon threadable engagement of a conical screw element with the first partial inner cylindrical thread structure (see Para. [0069]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See form 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