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 species 1 in the reply filed on 7/6/2026 is acknowledged. The traversal is on the ground(s) that there is no search burden in searching species 1 and 2 together. This is not found persuasive because searching for species 2 would require text search for a spacer with a plate and additionally would require searching in A61B17/7059 for cortical plates.
The requirement is still deemed proper and is therefore made FINAL.
Claims 8-10 have been withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 7/6/2026.
Information Disclosure Statement
The information disclosure statement filed 2/10/2025 fails to comply with the provisions of 37 CFR 1.98(a)(4) because it lacks the appropriate size fee assertion. It has been placed in the application file, but the information referred to therein has not been considered as to the merits. Applicant has already resubmitted the IDS on 2/14/2025 with the assertion and the IDS on 2/14/2025 has been considered.
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.
Claim(s) 1-7 and 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Koch et al. (US Pub 2017/0056200).
With respect to claim 1, Koch et al. discloses a device (See figures 16A, C, E and 17 below) for facilitating a spinal fusion procedure comprising: an anterior spacer (fig 16A, 618); a posterior spacer (fig 16A, 620); a first lateral spacer (fig 16A, 610); a second lateral spacer (fig 16A, 614); and first (fig 17, 664), second (fig 17, 666), third (fig 17, 662), and fourth (fig 17, 660) hinge members, wherein the first hinge member (fig 17, 664) extends between and is rotatably coupled with the anterior spacer and the first lateral spacer, wherein the second hinge member (fig 17, 666) extends between and is rotatably coupled with the first lateral spacer and the posterior spacer, wherein the third hinge member (fig 17, 662) extends between and is rotatably coupled with the posterior spacer and the second lateral spacer, wherein the fourth hinge member (fig 17, 660) extends between and is rotatably coupled with the anterior spacer and second lateral spacer.
With respect to claim 2, Koch et al. discloses further comprising an actuator (fig 16E, 653) extending between the anterior spacer and the posterior spacer, wherein actuation of the actuator in a first direction moves the anterior and posterior spacers away from one another to place the device in a collapsed configuration (fig 16E to 16 A) and actuation of the actuator in a second direction moves the anterior and posterior spacers toward one another to place the device in an expanded or partially expanded configuration (Fig 16A to 16E).
With respect to claim 3, Koch et al. discloses wherein the actuator is a rod (Fig 16E) extending between the anterior and posterior spacers and adapted to rotate with respect to the device, wherein the anterior or posterior space comprises a threaded opening (See fig 16C below), wherein at least a portion of the rod comprises screw threads (fig 16E) along a distal portion of the rod, wherein the screw thread engage the threaded opening, and wherein rotation of the rod in the first direction draws the anterior and posterior spacers toward one another (fig 16E).
With respect to claim 4, Koch et al. discloses wherein the anterior or posterior spacer further comprises a threaded sleeve (See fig 17 below the extension of 618 forms a sleeve around the rod) forming a portion of the threaded opening.
With respect to claim 5, Koch et al. discloses wherein, in the collapsed configuration a lateral distance defined by the lateral spacers is adapted for delivery through an endoscope or working tube (fig 16A a collapsed state and paragraph 5).
With respect to claim 6, Koch et al. discloses wherein, in the expanded or partially expanded configuration, one or more of the anterior spacer, posterior spacer, and lateral spacers are adapted to be placed between cortical bony rims of the endplates of adjacent vertebrae in an MIS procedure (paragraph 5 makes a less invasive procedure).
With respect to claim 7, Koch et al. discloses wherein the rod includes a tool engagement (fig 16E, 654) at an end of the rod opposite the screw threads, wherein the tool engagement is adapted to be coupled with a tool for rotation of the rod to actuate the actuator.
With respect to claim 11, Koch et al. discloses wherein one or more surfaces of the anterior, posterior, and lateral spacers comprise a surface coating or surface texture (see fig 16E below), and wherein the coating or texture is adapted to facilitate ongrowth of bone tissue (paragraph 83).
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 11246717 B2 discloses a device with spacers and hinge members
US 10945859 B2 discloses a device with spacers and hinge members
US 20180125671 A1 discloses a device with spacers and hinge members
US 20170172755 A1 discloses a device with spacers and hinge members
US 20160235546 A1 discloses a device with spacers
US 20160199194 A1 discloses a device with spacers and hinge members
US 20140277490 A1 discloses a device with spacers and hinge members
US 8778027 B2 discloses a device with spacers and hinge members
US 20140194992 A1 discloses a device with spacers and hinge members
US 20140194992 A1 discloses a device with spacers and hinge members
US 20120209386 A1 discloses a device with spacers and hinge members
US 20120123546 A1 discloses a device with spacers and hinge members
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/S.J.C/Examiner, Art Unit 3773 /EDUARDO C ROBERT/Supervisory Patent Examiner, Art Unit 3773
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