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 with traverse of Group I and Species C in the reply filed on October 9th, 2025 is acknowledged. The traversal is on the ground(s) that searching both Species C and Species D wouldn’t be a serious search burden for the examiner. This is not found persuasive because the examiner asserts that although there would be some overlap in searching fields the structural differences of the species are mutually exclusive, are not obvious variants, and/or have a different design.
The requirement is still deemed proper and is therefore made FINAL.
Claims 16-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected inventions and/or species, there being no allowable generic or linking claim. Applicant timely traversed the restriction requirement in the reply filed on October 9th, 2025.
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.
Claims 1, 2, 4, and 7-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shin (U.S. Publication 2021/0161569).
Shin discloses a device (Figures 1-18) comprising:
(claim 1) a first screw (a first element 20) including
(claim 1) a first screw head (120)
(claim 1) a second screw (a second element 20) including
(claim 1) a second screw head (120)
(claim 1) a first tower (110; for example the left most tower in Figure 9) including
(claim 1) a distal portion (the portion of the tower after the bend in the proximal end of the tower)
(claim 8) wherein the distal portion of the first tower is configured such that, in an operable state, the distal portion of the first tower extends at an acute angle away from a longitudinal centerline of the distal portion of the second tower so that the distal portion of the first tower forms an acute angle relative to the distal portion of the second tower (for example see Figure 2)
(claim 1) a proximal portion (the tip of the over hang at the top of the tower best seen in Figure 2)
(claim 7) wherein the proximal portion of the first tower is configured such that, in an operable state, the proximal portion of the first tower also extends at an acute angle away from a longitudinal centerline of the proximal portion of the second tower so that the proximal portion of the first tower forms an acute angle relative to the proximal portion of the second tower (for example see Figure 2; the tab of the proximal portion of the first tower extends at an acute angle relative to a longitudinal centerline of the second tower)
(claim 10) wherein, in an operable state, the proximal portion of the first tower extends in a direction of the spine (in Figure 2 the tab of the proximal portion of the tower extends opposite the second tower along the axis the rod is inserted which would be in a direction of the spine)
(claim 11) wherein, in an axial state, the proximal portion of the first tower is axially displaced from the proximal portion of the second tower in a direction of the spine (for example see Figure 10; the proximal portion of the left tower is displaced axially in a direction of the spine from the proximal portion of the right tower)
(claim 1) a bend between the distal portion of the proximal portion (the bend between the proximal tip of the tower and the rest of the tower)
(claim 1) wherein the first tower is configured to be removably coupled with the first screw at a distal end of the first tower
(claim 9) wherein the first tower comprises one or more longitudinal axes that extend axially through a portion of the first tower and the second tower comprises one or more longitudinal axes that extend axially through a portion of the second tower such that, in an operable state, the longitudinal axes of the first tower are coplanar with the longitudinal axes of the second tower (for example see Figure 8, the towers are in a line and coplanar)
(claim 1) a second tower (110; for example the right most tower in Figure 9) including
(claim 1) a distal portion
(claim 1) a proximal portion
(claim 1) wherein the second tower is configured to be removably coupled with the second screw at a distal end of the second tower
(claim 1) a rod insertion device including
(claim 1) a rotating arm (see Figure 7) including
(claim 4) a radial member (320)
(claim 4) an arc member (310) extending from a distal end of the radial member
(claim 4) a body portion (200) having
(claim 4) a longitudinal lumen (for example 210)
(claim 4) a transverse lumen (for example see Figure 11)
(claim 4) wherein the rotating arm is rotatably coupled to the body portion about the transverse lumen
(claim 1) wherein the rod insertion device is configured to couple with at least one of the first tower or the second tower such that the rotating arm can rotate about an axis of rotation relative to the first tower and/or the second tower (for example see Figure 8)
(claim 2) wherein the rod insertion device is configured to be removably coupled to at least one of the first tower and the second tower
(claim 1) wherein the rod insertion device is configured to advance a connecting element into the first screw head and the second screw head
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.
Claims 1-3 and 7-11 are rejected under 35 U.S.C. 103 as being unpatentable over Hua (U.S. Publication 2022/0361922) in view of Kim (U.S. Publication 2017/0056076).
Hua discloses a device (for example see Figures 11A-11G) comprising:
(claim 1) a first screw (2202) including
(claim 1) a first screw head (paragraph 758)
(claim 1) a second screw (2204) including
(claim 1) a second screw head
(claim 1) a first tower (2212) including
(claim 1) a distal portion (2212a)
(claim 8) wherein the distal portion of the first tower is configured such that, in an operable state, the distal portion of the first tower extends at an acute angle away from a longitudinal centerline of the distal portion of the second tower so that the distal portion of the first tower forms an acute angle relative to the distal portion of the second tower (for example see Figure 11A)
(claim 1) a proximal portion (2212b)
(claim 7) wherein the proximal portion of the first tower is configured such that, in an operable state, the proximal portion of the first tower also extends at an acute angle away from a longitudinal centerline of the proximal portion of the second tower so that the proximal portion of the first tower forms an acute angle relative to the proximal portion of the second tower (paragraph 769)
(claim 10) wherein, in an operable state, the proximal portion of the first tower extends in a direction of the spine (for example see Figure 11A)
(claim 11) wherein, in an axial state, the proximal portion of the first tower is axially displaced from the proximal portion of the second tower in a direction of the spine (for example see Figure 11A)
(claim 1) a bend (2253) between the distal portion and the proximal portion
(claim 1) wherein the first tower is configured to be removably coupled with the first screw at a distal end of the first tower (paragraphs 758-759)
(claim 9) wherein the first tower comprises one or more longitudinal axes that extend axially through a portion of the first tower and the second tower comprises one or more longitudinal axes that extend axially through a portion of the second tower such that, in an operable state, the longitudinal axes of the first tower are coplanar with the longitudinal axes of the second tower (for example see Figure 11A)
(claim 1) a second tower (2214) including
(claim 1) a distal portion (2214a)
(claim 1) a proximal portion (2214b)
(claim 1) wherein the second tower is configured to be removably coupled with the second screw at a distal end of the second tower
Hua discloses the invention as claimed except for the device further comprising a rod insertion device (see paragraph 782). Kim teaches a device (for example see Figure 1a) comprising a first screw, a second screw, a first tower, and a second tower, wherein the device further comprises a rod insertion device configured to removably coupled to either the first tower or the second tower at a time (claims 1-3) including a rotating arm (321) rotatable about an axis of rotation relative to the first tower and/or the second tower (claim 1), wherein the rod insertion device is configured to advance a connecting element into the head of the first screw and the head of the second screw (claim 1) in order to treat the spine of a patient. It would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide the device of Hua further comprising a rod insertion device in view of Kim in order to treat the spine of a patient.
Allowable Subject Matter
Claims 12-15 are allowed.
Claims 5 and 6 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 an examiner’s statement of reasons for allowance:
Regarding claims 5 and 6:
The device of Hua as modified by Kim discloses the invention as discussed above wherein the first tower includes a completely enclosed opening (2224; see Hua) such that the second tower is received within the opening in an operable state such that an outer wall of a portion of the first tower surrounds an outer surface of a portion of the second tower (for example see Figure 11E of Hua). The device of Hua as modified by Kim fails to disclose the device wherein at least a part of the rod insertion device as received within and surrounded by the outer wall of a portion of the first tower.
Regarding claims 12-15:
Shin discloses a device (Figures 1-18) comprising:
(claim 12) a first screw (a first element 20) including
(claim 12) a first screw head (120)
(claim 12) a second screw (a second element 20) including
(claim 12) a second screw head (120)
(claim 12) a first tower (110; for example the left most tower in Figure 9) including
(claim 12) a first outer wall defining a lumen (130) extending along a first longitudinal centerline
(claim 12) a first opening (the opening of 130 at the proximal end of the guide) orthogonal to the first longitudinal centerline
(claim 12) wherein the opening is positioned at a proximal end of the first outer wall
(claim 12) wherein the first tower is configured to be removably coupled with the first screw at a distal end of the first tower
(claim 12) a second tower (110; for example the right tower in Figure 9) including
(claim 12) a second outer wall defining a lumen (130) extending along a second longitudinal centerline
(claim 12) a second opening (the opening of 130 at the proximal end of the guide) orthogonal to the second longitudinal centerline
(claim 12) wherein the opening is positioned at a proximal end of the second outer wall
(claim 12) a rod insertion device including
(claim 12) a body portion (200)
(claim 12) the body portion configured to be removably coupled to at least one of the first tower and the second tower
(claim 12) the body portion includes a longitudinal lumen (210)
(claim 12) the body portion includes a transverse lumen (for example see Figure 10) orthogonal to the longitudinal lumen
(claim 12) a rotating member (320) configured to be rotatably coupled to the body portion about the transverse lumen
(claim 12) an arc member (310) extending from a distal end of the rotating member opposite the body portion
(claim 12) configured to removably support a connection rod (30)
(claim 12) wherein the rod insertion device is configured to advance the connection rod to at least the first screw and the second screw
(claim 12) wherein the longitudinal lumen is coaxial with at least one of the first longitudinal centerline or the second longitudinal centerline
Shin fails to disclose the device wherein the rod insertion device further includes an insertable support pin configured to be removably inserted through the longitudinal lumen of the body portion and into the lumen of the at least one first tower and the second tower. The examiner was unable to find a reference or a combination of reference that disclose and/or teach the limitations of claim 12 as presented.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 for cited references the examiner felt were relevant to the application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nicholas Woodall whose telephone number is (571) 272-5204. The examiner can normally be reached on Monday-Friday 8am to 5:30pm.
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Kevin Truong, at (571. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NICHOLAS W WOODALL/Primary Examiner, Art Unit 3775