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 Objections
Claims 3-4, 12, 14, 21-34 are objected to because of the following informalities: “A spinal implant system as recited in claim…” should properly recite “[[A]]The spinal implant system as recited in claim…” Appropriate correction is required.
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(s) 1, 3-4, 12, 14, 21-25, 27-30 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schalliol (US 2007/0227216).
Regarding claim 1, Schalliol discloses a spinal implant system (10) comprising: a spinal implant template (FIG. 1) configured to provide three dimensional coordinates of a selected implant configuration (¶25); and an implant bending device (100) including work surfaces (108, 110) engageable with a spinal implant to manipulate the spinal implant to the selected implant configuration and an implant contact sensor (16).
Regarding claim 3, Schalliol discloses the spinal implant system as recited in claim 1, wherein the spinal implant template includes a surgical navigation system (“computer system”) that generates the three dimensional coordinates of the selected implant configuration and communicates the coordinates to the implant bending device (¶36).
Regarding claim 4, Schalliol discloses the spinal implant system as recited in claim 3, wherein the coordinates are generated based on bone fastener position with vertebrae (¶19-21).
Regarding claim 12, Schalliol discloses the spinal implant system comprising: a control device (10) including a spinal implant template (FIG. 1) configured to provide three dimensional coordinates of a selected implant configuration; a displacement module (42) that communicates with the control device and includes a movable support connectable with a spinal implant; and a bending module (100) that communicates with the control device and includes an implant bending device having work surfaces (108, 110) engageable with the spinal implant to manipulate the spinal implant to the selected implant configuration and an implant contact sensor (16).
Regarding claim 14, Schalliol discloses the spinal implant system as recited in claim 12, wherein the spinal implant template includes a surgical navigation system (“computer system”) that generates the three dimensional coordinates of the selected implant configuration and communicates the coordinates to the modules (¶36).
Regarding claim 21, Schalliol discloses the spinal implant system as recited in claim 3, wherein the coordinates are generated based on a point-to-point definition of pedicle screw heads (¶19-21).
Regarding claim 22, Schalliol discloses the spinal implant system as recited in claim 21, wherein the point-to-point definition can be manipulated via surgeon preference (¶19-21).
Regarding claim 23, Schalliol discloses the spinal implant system as recited in claim 3, further comprising a control device (10) and a graphical interface in communication with the control device, the graphical interface being configured to display the selected implant configuration (¶24, FIGS. 7-8).
Regarding claim 24, Schalliol discloses the spinal implant system as recited in claim 23, wherein the control device is a computer that is configured to digitally manipulate the selected implant configuration (¶24).
Regarding claim 25, Schalliol discloses the spinal implant system as recited in claim 23, wherein the graphical interface is configured to provide indicia of the spinal implant template (¶24).
Regarding claim 27, Schalliol discloses the spinal implant system as recited in claim 23, wherein the control device is a computer, the implant bending device being configured to communicate with the computer and the graphical interface to provide a curvature of the spinal implant (¶24).
Regarding claim 28, Schalliol discloses the spinal implant system as recited in claim 27, wherein the curvature of the spinal implant includes a geometric angle between two consecutive points on the spinal implant (¶42).
Regarding claim 29, Schalliol discloses the spinal implant system as recited in claim 3, wherein the surgical navigation system communicates the coordinates to the implant bending device within a sterile field (¶36).
Regarding claim 30, Schalliol discloses the spinal implant system as recited in claim 3, wherein the surgical navigation system includes a tracking system in connection with acquiring data to provide the coordinates (¶39).
Allowable Subject Matter
Claim 34 is allowed.
Claims 26, 31-33 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 a statement of reasons for the indication of allowable subject matter:
Schalliol discloses a spinal implant system (10) comprising: a spinal implant template (FIG. 1) configured to provide three dimensional coordinates of a selected implant configuration (¶25); and an implant bending device (100) including work surfaces (108, 110) engageable with a spinal implant to manipulate the spinal implant to the selected implant configuration and an implant contact sensor (16), wherein the spinal implant template includes a surgical navigation system (“computer system”) that generates the three dimensional coordinates of the selected implant configuration and communicates the coordinates to the implant bending device (¶36). However, the prior art, alone or in combination, fails to teach further comprising a control device, wherein the coordinates are generated based on fluoroscopic images that are transmitted to the control device, wherein the implant contact sensor is connected with the work surfaces and configured to detect contact of at least one of the work surfaces with the spinal implant, the spinal implant system further comprising: a first disc including first indicia; and a second disc including second indicia, wherein the discs are connected with the work surfaces such that the discs are movable relative to one another to align the first indicia with the second indicia such that a medium passing through the discs is detectable by the sensor.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLIVIA C CHANG whose telephone number is (571) 270-5017. The examiner can normally be reached Monday-Friday, 7:30AM-5:00PM.
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, KEVIN TRUONG, at (571) 272-4705. The fax phone number for the organization where this application or proceeding is assigned is 571 -273-8300.
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/OLIVIA C CHANG/Primary Examiner, Art Unit 3775
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