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 .
Response to Arguments
Applicant's arguments filed December 18th, 2025 have been fully considered but they are not persuasive. Applicant argues that Parrott fails to expressly teach or disclose amended claim 1 which further recites that the first and second members are coupled directly to the top surface of the shaft and bottom surface of the head portion. The Examiner respectfully disagrees with this assertion. As set forth in the annotated figure below, the first and second members extend in a winding/helical path from the bottom surface of the head to the top surface of the shaft continuously and directly connect to the respective top and bottom surfaces. As a result, Applicant’s arguments and remarks are not found persuasive to overcome the prior art of Parrott. The Examiner notes that the amendments do overcome Biedermann et al.
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 and 4-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Parrott (US 2009/0264937). Regarding claim 1, Parrott discloses an implantable screw, comprising a head portion (16); a shaft (17); and a middle portion (18) coupling the head portion to the shaft, the middle portion comprising a first member (32, see figure below) coupled to and extending between a first side of the head portion and the shaft, wherein a first end of the first member is coupled directly to a bottom surface of the head portion (see figure below) and a second end of the first member is coupled directly to a top surface of the shaft (see figure below); and a second member (32, see figure below) coupled to and extending between a second side of the head portion and the shaft, wherein a first end of the second member is coupled directly to a bottom surface of the head portion (see figure below) and a second end of the second member is coupled directly to a top surface of the shaft (see figure below).
Regarding claim 2, Parrott discloses the first member is separate and spaced apart from the second member (figures 1-4).
Regarding claim 4, Parrott discloses the first member has a convex curvature (see figure below) along a longitudinal axis (considered the central longitudinal axis of the screw) of the implantable screw as the first member extends between the head portion and the shaft, and wherein the second member has a convex curvature (see figure below) along a longitudinal axis of the implantable screw (considered the central longitudinal axis of the screw) as the second member extends between the head portion and the shaft. Regarding claim 5, Parrott discloses the first member further comprises a first recessed region (see figure below) inset into an exterior surface of the first member; and wherein the second member further comprises a second recessed region (see figure below) inset into an exterior surface of the second member.
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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.
Claim 3 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Parrott (US 2009/0264937). Regarding claim 3, Parrott discloses the middle portion further comprises a through hole (36, figure 3) extending through the middle portion between the first member and the second member. However, Parrott fails to expressly teach or disclose the through hole has an elliptical shape in cross section. It would have been an obvious matter of design choice to one skilled in the art at the time of filing to have constructed the through hole of Parrott to be elliptically shaped in cross section, since applicant has not disclosed that such solve any stated problem or is anything more than one of numerous shapes or configurations a person of ordinary skill in the art would find obvious for the purpose of providing an opening between the head portion and shaft portion of the screw for spacing the first member from the second member of the middle portion.
Regarding claim 13, Parrott discloses the first member has a concave curvature (see figure below) as the first member extends between the head portion and the shaft, and wherein the second member has a concave curvature (see figure below) as the second member extends between the head portion and the shaft.
Allowable Subject Matter
Claims 6-12, 14-17 and 19-24 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.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW JAMES LAWSON whose telephone number is (571)270-7375. The examiner can normally be reached Mon - Fri 6:30-3:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anita Coupe can be reached at 571-270-3614. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MATTHEW J LAWSON/Primary Examiner, Art Unit 3619