Prosecution Insights
Last updated: April 19, 2026
Application No. 18/971,528

Temporary Antimicrobial Cement Spacer, Assembly, Kit, And Method Of Manufacture

Non-Final OA §112
Filed
Dec 06, 2024
Examiner
RAMANA, ANURADHA
Art Unit
3775
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Depuy Synthes Products Inc.
OA Round
1 (Non-Final)
83%
Grant Probability
Favorable
1-2
OA Rounds
3y 7m
To Grant
99%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allow Rate
1022 granted / 1237 resolved
+12.6% vs TC avg
Strong +23% interview lift
Without
With
+22.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 7m
Avg Prosecution
37 currently pending
Career history
1274
Total Applications
across all art units

Statute-Specific Performance

§101
1.3%
-38.7% vs TC avg
§103
24.8%
-15.2% vs TC avg
§102
26.4%
-13.6% vs TC avg
§112
33.9%
-6.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1237 resolved cases

Office Action

§112
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 . Specification The disclosure is objected to because of the following informalities. On page 1, para [0001], the status of the copending application which has since issued as a patent, must be updated. Appropriate correction is required. Claim Objections Claims 1 and 14 are objected to because of the following informalities. In the preamble of claim 1, it is suggested that “temporary spacer” be replaced with - - temporary cement spacer - - for consistency. In claim 14, it is suggested that “outer mold surface” be replaced with - - outer surface of the mold - - for clarity. Appropriate correction is required. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 11-16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. In claim 11, the recitation “..on the outer rod surface..” renders the claim vague and indefinite because it appears to imply there is an outer rod. It is suggested that Applicant amend with alternate language such as - - on the outer surface of the rod - - to provide antecedent basis and for clarity. Appropriate correction is required. Allowable Subject Matter Non application of prior art to claims 1-6 indicates allowable subject matter provided the minor objection made in this office action is overcome. Claims 7-10 are allowed. Non application of prior art to claims 11-16 indicates allowable subject matter provided the rejections under 35 USC 112(b) are overcome. The primary reason for indicating allowable subject matter: closest prior art cited in the attached PTO-892 and in related parent applications cite some features of Applicant’s claimed invention, either singly or in combination, for e.g. Vaidya (US 20120089148 A1) and Smith et al. (US 9017055). However, no references or a reasonable combination thereof, could be found which disclose all the elements of Applicant’s claimed invention. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Anu Ramana whose telephone number is (571)272-4718. The examiner can normally be reached 8:00 am-5:00 pm. 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, Kevin Truong can be reached at (571)272-4705. 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. February 4, 2026 /Anu Ramana/Primary Examiner, Art Unit 3775
Read full office action

Prosecution Timeline

Dec 06, 2024
Application Filed
Feb 04, 2026
Non-Final Rejection — §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12599414
RECEIVING PART FOR RECEIVING A ROD FOR COUPLING THE ROD TO A BONE ANCHORING ELEMENT AND A BONE ANCHORING DEVICE WITH SUCH A RECEIVING PART
2y 5m to grant Granted Apr 14, 2026
Patent 12594102
SURGICAL SUTURE ASSEMBLY
2y 5m to grant Granted Apr 07, 2026
Patent 12594083
UNIVERSAL BROACH SYSTEM FOR HUMERAL IMPLANTS
2y 5m to grant Granted Apr 07, 2026
Patent 12594095
LAPAROSCOPIC WORKSPACE DEVICE
2y 5m to grant Granted Apr 07, 2026
Patent 12589007
INTRADISCAL FIXATION SYSTEMS
2y 5m to grant Granted Mar 31, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
83%
Grant Probability
99%
With Interview (+22.6%)
3y 7m
Median Time to Grant
Low
PTA Risk
Based on 1237 resolved cases by this examiner. Grant probability derived from career allow rate.

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