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.
Claim(s) 21-40 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Asaad et al. (US Pub 2019/0091027).
With respect to claim 21, Asaad discloses an interbody spinal implant (see figures 10A, D and E below), comprising: a body portion (fig 10, 100) comprising a superior side (fig 10, 100T) , an inferior side (fig 10, 100B) and a lateral side (fig 10, 104) connecting the superior side and the inferior side, at least one of the superior side or the inferior side comprising a bone contacting surface (top and bottom surfaces) operable to be coupled to an anatomical structure of a patient; and a plurality of holes (Fig 10, 120) formed through the bone contacting surface, wherein the plurality of holes extends at least partially through the body portion (fig 10D extend from the superior to inferior sides). With respect to claim 22, Asaad discloses wherein the plurality of holes extends from the inferior side to the superior side (fig 10D). With respect to claim 23, Asaad discloses further comprising a plurality of raised surface features (see fig 10A below) disposed between the plurality of holes. With respect to claim 24, Asaad discloses wherein the plurality of raised surface features comprises elongated structures (elongated teeth features in 10A) that extend along at least one of the superior side or the inferior side. With respect to claim 25, Asaad discloses comprising a respective groove (see fig 10A below, space between the teeth) disposed between the plurality of raised surface features, wherein the grooves are perpendicular to the plurality of holes (groove goes across the surface while the holes go through the surface). With respect to claim 26, Asaad discloses wherein the plurality of holes is uniformly distributed across at least one of the superior side or the inferior side (fig 10A, holes are uniform). With respect to claim 27, Asaad discloses wherein the body portion is a unibody cage (fig 10A, 100). With respect to claim 28, Asaad discloses wherein a dimension (fig 10D shows uniform dimensions) of the plurality of holes is substantially uniform. With respect to claim 29, Asaad discloses wherein the plurality of holes is filled with graft material (paragraph 84). With respect to claim 30, Asaad discloses wherein the plurality of holes comprises one or more first holes that are at least partially filled with graft material and one or more second holes that are empty (paragraph 84, one opening can be used for a tool, additionally the device is functionally capable of only having graft in some of the openings).
With respect to claim 31, Asaad discloses an interbody spinal implant comprising: a cage (fig 10, 100) having a superior side (Fig 10, 100T) connected to an inferior side (fig 10, 100B), at least one of the superior side or the inferior side comprises a bone contacting surface (top and bottom surfaces) operable to be coupled to an anatomical structure of a patient; and a plurality of holes (fig 10, 120) formed through the bone contacting surface, wherein the plurality of holes extends at least partially through the cage (Fig 10D). With respect to claim 32, Asaad discloses further comprising a plurality of raised surface features (see fig 10A below) disposed between the plurality of holes. With respect to claim 33, Asaad discloses comprising a respective groove (See fig 10A below) disposed between the plurality of raised surface features, wherein the grooves are perpendicular (across the surface) to the plurality of holes (through the surface). With respect to claim34, Asaad discloses wherein a height of the plurality of raised features is substantially the same (shown the same in fig 10A). With respect to claim 35, Asaad discloses wherein the plurality of holes extends from the inferior side to the superior side (fig 10D, 120). With respect to claim 36, Asaad discloses wherein a dimension of the plurality of holes is substantially uniform (See fig 10D below).
With respect to claim 37, Asaad discloses an interbody spinal implant (fig 10, 100) comprising: a body portion comprising a superior side (fig 10, 100T), an inferior side (fig 10, 100B) and a lateral side (Fig 10, 104)connecting the superior side and the inferior side, at least one of the superior side or the inferior side comprises a bone contacting surface (top and bottom surfaces) operable to be coupled to an anatomical structure of a patient; and a plurality of graft features (Fig 10A, 120) that extend at least partially through the body portion. With respect to claim 38, Asaad discloses comprising one or more holes (Fig 10, 120)that extend from the superior side to the inferior side (Fig 10D). With respect to claim 39, Asaad discloses further comprising a plurality of raised surface features (See fig 10A below) disposed between the plurality of graft features. With respect to claim 40, Asaad discloses wherein each raised surface feature of the plurality of raise surface features comprises an undercut (See fig 10E, 124), and wherein the undercut of adjacent raised surface features forms a trough (see fig 10A below) between each of the plurality of raise surface features.
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20190298542 A1 discloses an implant with uniform graft holes and raised features
US 20160213487 A1 discloses an implant with uniform graft holes and raised features
US 20160022431 A1 discloses an implant with uniform graft holes and raised features
US 20130116793 A1 discloses an implant with uniform graft holes and raised features
US 20110082551 A1 discloses an implant with uniform graft holes
US 20220233330 A1 discloses an implant with uniform graft holes and raised features
US 5609635 A discloses an implant with uniform graft holes
US 9693874 B2 discloses an implant with uniform graft holes
US 10849764 B2 discloses an implant with uniform graft holes and raised features
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN J COTRONEO whose telephone number is (571)270-7388. The examiner can normally be reached Monday-Friday 9am-5pm EST.
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/S.J.C/Examiner, Art Unit 3773 /EDUARDO C ROBERT/Supervisory Patent Examiner, Art Unit 3773
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