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 and 5-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by McLaughlin et al. (US 20170086985 A1) (hereon referred to as McLaughlin).
Regarding claim 1, McLaughlin teaches a lordotic expandable implant (see Fig. 22) comprising:
a body (152) comprising, a wall having a top face and a bottom face (see labelled diagram of Fig. 22 below), wherein the top and bottom face are each formed with one or more endplate attachment points (152c), a first sidewall and second sidewall connected by the wall (see labelled diagram of Fig. 22 below), wherein the first side wall and the second side wall each extend perpendicularly from the wall such that the body has “U” shaped structure (See Fig. 21);
a first endplate (110) and second endplate (112), wherein the first endplate (110) and the second endplate (112) are each configured to attach to and hinge with the one or more endplate attachment points (122D, 122D', see Para. [0140]); and
a drive assembly comprising, a drive block (156), a drive screw (154), and a plurality of arms (168, 170), wherein each of the arms connects between the drive block and one of the endplates (see Para. [0097]).
PNG
media_image1.png
396
445
media_image1.png
Greyscale
Regarding claim 2, McLaughlin teaches the lordotic expandable implant of claim 1, wherein the one or more endplate attachment points (176) are set in from the first sidewall and the second sidewall (see Fig. 22).
Regarding claim 3, McLaughlin teaches the lordotic expandable implant of claim 1, wherein each of the endplates (110, 112) include one or more body attachment points (166).
Regarding claim 5, McLaughlin teaches the lordotic expandable implant of claim 3, wherein each of the body attachment points (166) extends from a rear edge of one of the endplates (110, 112) and each body attachment point of the body attachment points having a top surface that is continuous with a top surface of the endplate from which the body attach point extends (see Fig. 22, showing the central bore of endplated 110 and 112 forming attachment point 166).
Regarding claim 6, McLaughlin teaches the lordotic expandable implant of claim 1, wherein each of the endplates include one or more drive assembly attachment points (166).
Regarding claim 7, McLaughlin teaches the lordotic expandable implant of claim 1, wherein the drive screw (154) is retained between the first and second sidewall and the drive block moves along the drive screw (see Fig. 22 and Para. [0096]).
Regarding claim 8, McLaughlin teaches the lordotic expandable implant of claim 1, further comprising a retaining plate (212) configured to attach to the body (152), wherein the plurality of arms (168, 170) are positioned between the retaining plate (212) and the wall when the retaining plate is attached to the body (see Fig. 22).
Regarding claim 9, McLaughlin teaches the lordotic expandable implant of claim 8, wherein the retaining plate (212) is formed with a one or more fixation tabs (214, 216) extending from a rear face of the retaining plate, wherein the rear face of the retaining plate abuts with a front face of the first side wall and a front face of the second side wall when the retaining plate is attached to the body (see labelled diagram of Fig. 19 below).
PNG
media_image2.png
351
492
media_image2.png
Greyscale
Regarding claim 10, McLaughlin teaches the lordotic expandable implant of claim 9, wherein the fixation tabs (214, 216) are configured to hold the endplates in an expanded position (see Para. [0127]).
Regarding claim 11, McLaughlin teaches a lordotic expandable implant (see Fig. 22) comprising:
a body (152) comprising, a wall connecting between a first sidewall and a second sidewall (see labelled diagram of Fig. 22 above), wherein the wall has a top face and a bottom face (see labelled diagram of Fig. 22 above) and each of the sidewalls have a front face that is at a distal end of each of the sidewalls relative to the wall (see labelled diagram of Fig. 22 below), one or more endplate attachment points (218, 220, 122D, 122D'), wherein each of the end plate attachment points is a notch formed in the top face or the bottom face of the wall (122D, 122D'), and an attachment aperture formed on the front face of each of the sidewalls (218, 220);
a first endplate (110) and second endplate (112), wherein the first endplate (110) and the second endplate (112) are configured to attach to the wall of the body at one of the one or more endplate attachment points (see Para. [0140]);
a drive assembly for expanding the first plate (110) and the second endplate (112); and
a retaining plate (212) configured to attach to the body via the attachment aperture on each of the sidewalls (see Para. [0127]).
PNG
media_image3.png
444
422
media_image3.png
Greyscale
Regarding claim 12, McLaughlin teaches the lordotic expandable implant of claim 11, wherein the retaining plate (212) is formed with a one or more fixation tabs (214, 126) extending from a rear face of the retaining plate (see Para. [0127]) and one or more locking apertures (160) extending through the retaining plate (212).
Regarding claim 13, McLaughlin teaches the lordotic expandable implant of claim 12, wherein the fixation tabs (214, 216) are configured to hold the endplates in an expanded position (see Para. [0127]).
Regarding claim 14, McLaughlin teaches the lordotic expandable implant of claim 11, wherein the retaining plate (212) covers all of a front face of the lordotic expandable implant when the endplates are in an expanded position (see labelled diagram of Fig. 20 below).
PNG
media_image4.png
316
494
media_image4.png
Greyscale
Regarding claim 15, McLaughlin teaches the lordotic expandable implant, of claim 11, further comprising one or more body attachment points (166) extending from a rear edge of each of the endplates (see Para. [0102]).
Regarding claim 16, McLaughlin teaches the lordotic expandable implant, of claim 11, further comprising one or more drive assembly attachment points (166) extend from an inner surface of each of the endplates (see Para. [0105]).
Regarding claim 17, McLaughlin teaches the lordotic expandable implant of claim 11, wherein the drive assembly comprises a drive screw (154), a drive block (156), and a plurality of arms (168, 170).
Regarding claim 18, McLaughlin teaches the lordotic expandable implant of claim 17, wherein each of the arms (168, 170) connects between the drive block (156) and one of the endplates (110, 112; see Para. [0099]).
Regarding claim 19, McLaughlin teaches the lordotic expandable implant of claim 17, wherein the drive block (156) is formed with a threaded aperture (160b) through its center that is configured to receive the drive screw (see Para. [0129]).
Claims 1, 4, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Baynham (US 20180014947 A1).
Regarding claim 1, Baynham teaches a lordotic expandable implant (see Fig. 1) comprising:
a body (18) comprising a wall (consisting of 27, 28, and 40) having a top face and a bottom face (see labelled diagram of Fig. 13 below), wherein the top and bottom face are each formed with one or more endplate attachment points (24, 25), a first sidewall (17) and second sidewall (19) connected by the wall, wherein the first side wall and the second side wall each extend perpendicularly from the wall such that the body has “U” shaped structure (see Fig. 13);
a first endplate (11) and second endplate (13), wherein the first endplate (11) and the second endplate (13) are each configured to attach to and hinge with the one or more endplate attachment points (24, 25); and
a drive assembly comprising, a drive block (55), a drive screw (51), and a plurality of arms (52), wherein each of the arms connects between the drive block and one of the endplates (see Para. [0037]).
Regarding claim 4, Baynham teaches the lordotic expandable implant of claim 3, wherein each of the endplate attachment points (24, 25) comprises: a notch (27, 28) formed in the top face or the bottom face of the wall (see labelled diagram of Fig. 13 below), wherein the notch (27, 28) is configured to receive one of the body attachment points (24, 25) of one of the endplates (11, 13); and a pivot aperture (34, 35) on each side of the notch (27, 28) to provide a hinge point for the body attachment point (24, 25) of the endplate (11, 13), wherein the body attachment point (24, 25) of the endplate is received between the pivot apertures (see Para. [0037]).
PNG
media_image5.png
750
610
media_image5.png
Greyscale
Regarding claim 20, Baynham teaches a lordotic expandable implant (see Fig. 1) comprising:
a body (18) comprising, a first sidewall (42) and a second sidewall (19), wherein each of the sidewalls has a front face configured with a drive aperture (60, 91), a wall (consisting of 27, 28, and 40) connecting between the first sidewall and the second sidewall (see Fig. 13), wherein the wall has a top face and a bottom face (see labelled diagram of Fig. 13 above) and is formed with a drive aperture (formed in space between 27 and 28), and one or more pivot aperture pairs (34, 35) formed in the top face and the bottom face of the wall (see Fig. 13), wherein each pivot aperture of the pivot aperture pairs (34, 35) are separated by a notch form in the wall (see labelled diagram of Fig. 13 above);
a first endplate (11) and a second endplate (13), each of the endplates (11, 13) being configured with one or more body attachment points (24, 25) extending from a rear edge of each of the endplates (see Fig. 13), wherein each of the body attachment points (24, 25) are configured to pivot between one of the pairs of pivot apertures (34, 35); and
a drive assembly comprising a drive screw (51), wherein the drive aperture (60) is configured to receive a first end of the drive screw (51) to enable the drive screw to rotate within the drive aperture but prevent the drive screw from moving forwards or backwards (see Para. [0050]), a drive block (55), and a plurality of arms (52), wherein each of the arms connects between the drive block (55) and one of the endplates (11, 13).
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.
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, 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.
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.
/H.J.L./Examiner, Art Unit 3773 /EDUARDO C ROBERT/Supervisory Patent Examiner, Art Unit 3773