Detailed Action
This is the final office action for US application number 18/974,972. Claims are evaluated as filed on August 25, 2026.
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 .
Response to Arguments
Applicant's arguments filed August 25, 2026 have been fully considered but they are not persuasive. The rejections in this office action have been amended to address the amended claims. Examiner asserts that Blain, Garcia, Mozeleski, and Moskowitz teach all the newly-amended limitations and are capable of performing the functions as claimed. Examiner directs Applicant to the rejection below for a more in-depth description of the limitations.
With regards to Applicant’s argument that the linear fastening element of claims 11 and 14-16 is shown in Fig. 25 (Remarks p. 5), Examiner notes that Fig. 25 shows non-elected spacer species b) and there appear to be no figures showing that the elected spacer 10 of species a) engages or is included in a system with a linear fastening element. Thus, the drawing objections have been repeated below.
With regards to Applicant’s argument that claim amendments drawn to an inserter distinguish over Mozeleski (Remarks p. 5), Examiner agrees and notes that Blain, Garcia, and Moskowitz have been provided in the below rejections in regards to the new limitations.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the "linear fastening element" of claim 11 line 6, the "the linear fastening element is a screw configured to be rotatably inserted into a vertebral body" of claim 14 lines 1-2, the "the linear fastening element and curvilinear fastening element are inserted into a same one of the adjacent vertebral bodies" of claim 15 lines 1-3, and "the adjacent vertebral body that the linear fastening element is inserted into is different from the adjacent vertebral body that the curvilinear fastening element is inserted into” of claim 16 lines 1-3 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claim(s) 8-16, 19, and 20 is/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 pre-AIA the applicant regards as the invention.
Claim(s) 8 is/are unclear with regards to “an anchor housing … containing the curvilinear fastening element that has been pre-loaded” in lines 10-11 and how the anchor housing can be reasonably construed to contain a functionally recited element that is not required of the claimed invention. That is, there is no antecedence provided that requires a curvilinear fastening element in the claimed system as lines 5-7 provide that the bores are configured to receive a linear fastening element or a curvilinear element, i.e. the bores are capable of receiving a linear fastening element or a curvilinear element. Examiner is interpreting this as referring to, and suggests amending as, “an anchor housing extending distally from the elongate portion and configured to contain[[ing]] the curvilinear fastening element that has been pre-loaded;” in lines 10-11, “wherein each of the first and second bores are configured to receive a linear fastening element.” in claim 9 lines 1-3.
Claim(s) 8 is/are unclear with regards to “the anchor housing includes a positioning member having an extension received in a recess of the pre-loaded curvilinear fastening element to prevent the curvilinear fastening element from exiting the anchor housing.” in lines 12-14 and how the extension can be reasonably construed to be received in a feature of a functionally recited element that is not required of the claimed invention. That is, there is no antecedence provided that requires a curvilinear fastening element in the claimed system as lines 5-7 provide that the bores are configured to receive a linear fastening element or a curvilinear element, i.e. the bores are capable of receiving a linear fastening element or a curvilinear element. Examiner is interpreting this as referring to, and suggests amending as, “wherein the anchor housing includes a positioning member having an extension configured to be received in a recess of the pre-loaded curvilinear fastening element to prevent the curvilinear fastening element from exiting the anchor housing.;” in lines 12-14, “wherein each of the first and second bores are configured to receive a linear fastening element.” in claim 9 lines 1-3.
Claim(s) 11 is/are unclear with regards to “such that linear fastening element is inserted into one of the adjacent vertebral bodies” in line 6 and if the missing word prior to “linear fastening element” is “a” or “the” as there is no prior recitation of an “element” to provide antecedent basis support nor does there appear to be a disclosure or showing of such an element or the claimed linear fastening member for such to potentially correspond to with regards to the elected species. Examiner is interpreting this “linear fastening element” as intended to reference the “linear fastening member” of line 6 and notes that every other mention of “linear fastening” in the instant claims is
of an “element”. Thus, Examiner suggests amending as “a linear fastening element configured to be inserted into one bore of the plurality of bores such that the linear fastening element is inserted into one of the adjacent vertebral bodies to secure the intervertebral spacer within the intervertebral space” in lines 6-8.
Claim(s) 11 recites/recite the limitation "the curvilinear fastening element" in line 10. There is insufficient antecedent basis for this limitation in the claim. Examiner is interpreting this “curvilinear fastening element” as intended to reference the “curvilinear fastening member” of line 9 and notes that every other mention of “curvilinear fastening” in the instant claims is of an “element”. Thus, Examiner suggests amending as Examiner is interpreting this as referring to, and suggests amending as, “a curvilinear fastening element configured to be inserted into a second bore of the plurality of bores such that the curvilinear fastening element is inserted”.
Claim(s) 9, 10, 12-16, 19, and 20 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, for its/their dependence on one or more rejected base claims.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 8-10, 19, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Blain et al. (US 2009/0024132, hereinafter “Blain”) in view of Garcia (US 2007/0119871).
As to claims 8-10, 19, and 20, Blain discloses a system (Figs. 1, 2A, 6A, and 6B, ¶40) capable of use with/for intervertebral spacer (2, Figs. 2C-6B, ¶s 6, 7, 21, 23, 40, and 42), the system comprising: a spacer (2, Figs. 2C-6B) including: a superior surface (left facing surfaces as shown in Fig. 1, Fig. 1) and an inferior surface (right facing surfaces as shown in Fig. 1, Fig. 1); a first bore (left 4 as shown in Fig. 1, Fig. 1, ¶23) extending toward the superior surface (Fig. 1); and a second bore (right 4 as shown in Fig. 1, Fig. 1, ¶23) extending toward the inferior surface (Fig. 1), wherein each of the first and second bores are capable of receiving a curvilinear fastening element (Fig. 2B show that the bores are capable of receiving a curvilinear fastening element if one so chooses to insert a curvilinear fastening element therein, Fig. 2B); an inserter (14) capable of being coupled to the spacer (Figs. 3A-6B, ¶29) and including: an elongate portion (see illustration of Fig. 2C) having a guide channel (portion of 30 and lumen within the elongate portion, Fig. 2C, ¶39 discloses opening 30 and lumen extending to the distal end of 18, ¶s 39 and 40) capable of receiving a guide member (66, Figs. 6A and 6B, ¶42); an anchor housing (see illustration of Fig. 2C) extending distally from the elongate portion (Fig. 2C) and capable of containing the curvilinear fastening element that the bores are capable of receiving that has been pre-loaded (Figs. 2C-6B, ¶42 discloses that fasteners 6 are inserted into proximal openings 30 of tubes 18 and fastened to bone). As to claim 9, Blain discloses that at least one of the first and second bores includes threads (Fig. 2B) capable of mating with complimentary threads of a linear fastening element (6, Fig. 1). As to claim 10, Blain discloses that the first and second bores are each defined by a circumferential wall (Figs. 1-2B), wherein the circumferential wall of each of the first and second bores further includes a recess (Figs. 1 and 2B) capable of receiving a protrusion of the curvilinear fastening element that the bores are capable of receiving capable of preventing rotation of the curvilinear fastening element (if one so chooses to insert such an element therein, Fig. 1).
Blain is silent to the anchor housing includes a positioning member having an extension configured to be received in a recess of the pre-loaded curvilinear fastening element to prevent the curvilinear fastening element from exiting the anchor housing. As to claim 19, Blain is silent to the pre-loaded curvilinear fastening element is positioned entirely within the anchor housing. As to claim 20, Blain is silent to the positioning member includes a ramped portion positioned proximally of the extension such that when the guide member in the guide channel is pushed distally against the ramped portion, the extension received in the recess moves away from the recess to release the curvilinear fastening element.
Garcia teaches a similar system (Figs. 1-4) comprising: an anchor housing (10) defining one or more anchor channels (14s, 16s, Figs. 1 and 2) capable of containing an fastening element (12) that has been pre-loaded (Fig. 3); wherein the anchor housing includes a positioning member (62) having an extension (left/bottom end of 62 as shown in Figs. 3 and 4 defined by surfaces 63 and 65, i.e. see illustration of Fig. 3, Fig. 3) capable of being received in a recess of the pre-loaded curvilinear fastening element (32, Fig. 3) capable of preventing the curvilinear fastening element that the anchor channels are capable of containing from exiting the anchor housing (Fig. 3, ¶54 and 57). As to claim 19, Garcia teaches that the pre-loaded curvilinear fastening element is positioned entirely within the anchor housing (Fig. 3). As to claim 20, Garcia teaches that the positioning member includes a ramped portion (67) positioned proximally of the extension (Fig. 3) such that when the guide member in the guide channel is pushed distally against the ramped portion (Figs. 3 and 4, ¶57), the extension received in the recess moves away from the recess (Figs. 3 and 4, ¶57) to release the curvilinear fastening element (Figs. 3 and 4, ¶57).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify the anchor channels as disclosed by the combination of Blain by adding the positioning members as taught by Garcia and modifying the fastening elements received therein as disclosed by Blain by adding the recess/mating feature as taught by Garcia in order to prevent the anchor from traveling axially within the channel (Garcia ¶54) so that the anchor may be releasably retained within the anchor housing (Garcia ¶s 54 and 57).
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Claim(s) 11, 13, 14, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Blain in view of Mozeleski et al. (US 2016/0151171, hereinafter “Mozeleski”) and Garcia.
As to claims 11, 13, 14, and 16, Blain discloses a system (Figs. 1, 2A, 6A, and 6B, ¶40) capable of use with/for intervertebral spacer (2, Figs. 2C-6B, ¶s 6, 7, 21, 23, 40, and 42), the system comprising: a spacer (2, Figs. 2C-6B) capable of intervertebral use (Figs. 2C-6B, ¶s 6, 7, 21, 23, 40, and 42) capable of being positioned within an intervertebral space defined by adjacent vertebral bodies (Figs. 2C-6B, ¶s 6, 7, 21, 23, 40, and 42), wherein the intervertebral spacer includes a plurality of bores (4s, Fig. 1), a linear fastening element (6, Figs. 1, 6A, and 6B, ¶23) capable of being inserted into one bore of the plurality of bores (Figs. 1, 6A, and 6B) such that the linear fastening element is inserted into one of the adjacent vertebral bodies (Figs. 1, 6A, and 6B, ¶s 6, 7, 21, 23, 40, and 42) capable of securing the intervertebral spacer within the intervertebral space (Figs. 1, 6A, and 6B, ¶s 6, 7, 21, 23, 40, and 42); and a second fastening element (6, Figs. 1, 6A, and 6B, ¶23) capable of being inserted into a second bore (right 4 as shown in Fig. 1, Fig. 1, ¶23) of the plurality of bores capable of receiving a curvilinear fastening element (Fig. 2B show that the bores are capable of receiving a curvilinear fastening element if one so chooses to insert a curvilinear fastening element therein, Fig. 2B) capable of securing the intervertebral spacer within the intervertebral space (Figs. 1, 6A, and 6B, ¶s 6, 7, 21, 23, 40, and 42); wherein each of the plurality of bores is capable of receiving either the linear fastening element or the curvilinear fastening element (Fig. 2B); and an inserter (14) capable of being coupled to the intervertebral spacer (Figs. 3A-6B, ¶29) and including: an elongate portion (see illustration of Fig. 2C) having a guide channel (portion of 30 and lumen within the elongate portion, Fig. 2C, ¶39 discloses opening 30 and lumen extending to the distal end of 18, ¶s 39 and 40) capable of receiving a guide member (66, Figs. 6A and 6B, ¶42); an anchor housing (see illustration of Fig. 2C) extending distally from the elongate portion (Fig. 2C) and capable of containing the curvilinear fastening element that the bores are capable of receiving that has been pre-loaded (Figs. 2C-6B, ¶42 discloses that fasteners 6 are inserted into proximal openings 30 of tubes 18 and fastened to bone). As to claim 14, Blain discloses that the linear fastening element is a screw (Figs. 1, 6A, and 6B, ¶23) capable of being rotatably inserted into a vertebral body (Figs. 2C-6B, ¶s 6, 7, 21, 23, 40, and 42). As to claim 16, Blain discloses that the adjacent vertebral body that the linear fastening element is inserted into is different from the adjacent vertebral body that the second element is inserted into (Fig. 1 shows that the fastening elements extend in opposing directions, Fig. 1).
Blain is silent to the second fastening element being a curvilinear fastening element configured to be inserted into the second bore of the plurality of bores such that the curvilinear fastening element is inserted into one of the adjacent vertebral bodies to secure the intervertebral spacer within the intervertebral space; and the anchor housing containing the curvilinear fastening element that has been pre-loaded; wherein the anchor housing includes a positioning member having an extension received in a recess of the pre-loaded curvilinear fastening element to prevent the curvilinear fastening element from exiting the anchor housing. As to claim 13, Blain is silent to the curvilinear fastening element includes a vertebral anchor configured to be hammered into a vertebral body
Mozeleski teaches a similar system (Figs. 1-14, ¶74) capable of use with/for intervertebral spacer (abstract), the system comprising: an intervertebral spacer (100, 200) capable of being positioned within an intervertebral space defined by adjacent vertebral bodies (Fig. 13, ¶s 24 and 74), wherein the intervertebral spacer includes a plurality of bores (230, 330, 240, 340, 350/360/"central bore" of 177, Figs. 2, 3, 8, and 9); a linear fastening element (420, Figs. 1, 6A, and 6B, ¶74) capable of being inserted into one bore of the plurality of bores (240, 340, Figs. 1-3, 6A and, 6B) such that the linear fastening element is inserted into one of the adjacent vertebral bodies (Figs. 1-3, 6A and, 6B, ¶74) capable of securing the intervertebral spacer within the intervertebral space (¶74); and a curvilinear fastening element (410, Figs. 1, 6A, and 6B, ¶74) capable of being inserted into a second bore of the plurality of bores (230, 330, Figs. 1-3, 6A and, 6B) such that the curvilinear fastening element is inserted into one of the adjacent vertebral bodies (Figs. 1-3, 6A and, 6B, ¶74) capable of securing the intervertebral spacer within the intervertebral space (¶74); wherein each of the plurality of bores are capable of receiving either the linear fastening element (Figs. 1, 6A, and 6B, ¶74) or the curvilinear fastening element (410, Figs. 1, 6A, and 6B, ¶74); wherein the curvilinear fastening element comprises a head portion (412, Figs. 7A and 7B, ¶74), a curvilinear elongate shank (414, Figs. 7A and 7B, ¶74) extending longitudinally away from the head portion (Figs. 7A and 7B, ¶74), and an elongate fin (418s, 416s) extending longitudinally along the elongate shank (Figs. 7A and 7B, ¶74), the head portion comprising a partially-spherical head portion (Figs. 7A and 7B); and a guide member (700) capable of moving along a longitudinal axis when disposed within an elongate channel (Figs. 12-14) and abutting the curvilinear fastening element (Figs. 12-14), wherein the head portion of the curvilinear fastening element includes a mating feature (413) to secure and position the curvilinear fastening element within the channel (Figs. 12-14). As to claim 13, Mozeleski teaches that the curvilinear fastening element includes a vertebral anchor (Figs. 6A-7B, ¶74) capable of being hammered into a vertebral body (due to the structure shown in Figs. 7A and 7B, Figs. 7A-9, ¶s 74 and 75). As to claim 14, Mozeleski teaches that the linear fastening element is a screw (Figs. 1 and 6A-6B, ¶74) capable of being rotatably inserted into a vertebral body (due to the structure shown in Figs. 1, 6A, and 6B, Figs. 1, 6A, and 6B, ¶74). As to claim 16, Mozeleski teaches that the adjacent vertebral body that the linear fastening element is inserted into is different from the adjacent vertebral body that the curvilinear fastening element is inserted into (Figs. 1, 6A, and 6B).
Garcia teaches a similar system (Figs. 1-4) comprising: an anchor housing (10) defining one or more anchor channels (14s, 16s, Figs. 1 and 2) capable of containing an fastening element (12) that has been pre-loaded (Fig. 3); wherein the anchor housing includes a positioning member (62) having an extension (left/bottom end of 62 as shown in Figs. 3 and 4 defined by surfaces 63 and 65, i.e. see illustration of Fig. 3, Fig. 3) capable of being received in a recess of the pre-loaded curvilinear fastening element (32, Fig. 3) capable of preventing the curvilinear fastening element that the anchor channels are capable of containing from exiting the anchor housing (Fig. 3, ¶54 and 57).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify the second fastening element as disclosed by Blain such that the head is partially-spherical and the shank is curvilinear with the fins taught by Mozeleski and modify the second bore as disclosed by Blain to accommodate the partially-spherical head and curvilinear shank with fins as taught by Mozeleski in order to provide options during spinal surgery to utilize the optimal bone fixation member for the patient's anatomy while utilizing the same modular cage system (Mozeleski ¶74) that engage a vertebra in a different manner and orientation than a bone screw (Mozeleski ¶74) via a known functionally equivalent structure (Mozeleski ¶74). One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify the anchor channels as disclosed by the combination of Blain by adding the positioning members as taught by Garcia and modifying the fastening elements received therein as disclosed by Blain by adding the recess/mating feature as taught by Garcia in order to prevent the anchor from traveling axially within the channel (Garcia ¶54) so that the anchor may be releasably retained within the anchor housing (Garcia ¶s 54 and 57).
Claim(s) 12 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Blain, Mozeleski, and Garcia in view of Moskowitz et al. (US 2008/0177307, hereinafter “Moskowitz”).
As to claim 12, the combination of Blain, Mozeleski, and Garcia discloses the invention of claim 11.
The combination of Blain, Mozeleski, and Garcia is silent to either a linear fastening element or a curvilinear fastening element is inserted into a third bore of the plurality of bores.
Moskowitz teaches a similar system (Figs. 2A-2G) capable of use with/for an intervertebral spacer (110, Figs. 2A-2G, ¶44) comprising: an intervertebral spacer (110) capable of being positioned within an intervertebral space defined by adjacent vertebral bodies (Figs. 2A-2G, ¶44), wherein the intervertebral spacer includes a plurality of bores (190s, 192s, Fig. 2F, ¶44), a linear fastening element (130) capable of being inserted into one bore of the plurality of bores (left 192 as shown in Fig. 2F, Figs. 2A-2E, ¶44) such that the linear fastening element is inserted into one of the adjacent vertebral bodies (Figs. 2A-2E, ¶44) capable of securing the intervertebral spacer within the intervertebral space (Figs. 2A-2E, ¶44); a second fastening element (140) capable of being inserted into a second bore of the plurality of bores (left 190 as shown in Fig. 2F, Figs. 2A-2E, ¶44) such that the second fastening element is inserted into one of the adjacent vertebral bodies (Figs. 2A-2E, ¶44) capable of securing the intervertebral spacer within the intervertebral space (Figs. 2A-2E, ¶44), wherein each of the plurality of bores is capable of receiving either the linear fastening element or the second fastening element (Figs. 2A-2G, ¶44); a third fastening element (150), and a fourth fastening element (160); wherein either a third fastening element or a fourth fastening element is inserted into a third bore of the plurality of bores (right 190 as shown in Fig. 2F, Figs. 2A-2E, ¶44); that is an alternative to a similar intervertebral spacer (Figs. 1A-1G) comprising: a vertebral cage (10) and a plurality of vertebral anchors (30, 40); wherein the plurality of vertebral anchors comprises a first vertebral anchor (30), a second vertebral anchor (40).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to construct the system having two vertebral anchors and corresponding spacer and tool structures as disclosed by the combination of Blain, Mozeleski, and Garcia to have four vertebral anchors and corresponding engaging structures as taught by Moskowitz, since mere duplication of the essential working parts of a device involves only routine skill in the art and one would be motivated to do so in order to select a known configuration with symmetry and inherent stability (Moskowitz ¶44); i.e. to provide additional stability and securement for the spacer.
As to claim 15, the combination of Blain, Mozeleski, and Garcia discloses the invention of claim 11.
The combination of Blain, Mozeleski, and Garcia is silent to the linear fastening element and curvilinear fastening element are inserted into a same one of the adjacent vertebral bodies.
Moskowitz teaches a similar system (Figs. 2A-2G) capable of use with/for an intervertebral spacer (110, Figs. 2A-2G, ¶44) comprising: an intervertebral spacer (110) capable of being positioned within an intervertebral space defined by adjacent vertebral bodies (Figs. 2A-2G, ¶44), wherein the intervertebral spacer includes a plurality of bores (190s, 192s, Fig. 2F, ¶44), a linear fastening element (130) capable of being inserted into one bore of the plurality of bores (left 192 as shown in Fig. 2F, Figs. 2A-2E, ¶44) such that the linear fastening element is inserted into one of the adjacent vertebral bodies (Figs. 2A-2E, ¶44) capable of securing the intervertebral spacer within the intervertebral space (Figs. 2A-2E, ¶44); a second fastening element (140) capable of being inserted into a second bore of the plurality of bores (left 190 as shown in Fig. 2F, Figs. 2A-2E, ¶44) such that the second fastening element is inserted into one of the adjacent vertebral bodies (Figs. 2A-2E, ¶44) capable of securing the intervertebral spacer within the intervertebral space (Figs. 2A-2E, ¶44), wherein each of the plurality of bores is capable of receiving either the linear fastening element or the second fastening element (Figs. 2A-2G, ¶44); a third fastening element (150), and a fourth fastening element (160); wherein the linear fastening element and the fourth fastening element are inserted into a same one of the adjacent vertebral bodies (Fig. 2F); that is an alternative to a similar intervertebral spacer (Figs. 1A-1G) comprising: a vertebral cage (10) and a plurality of vertebral anchors (30, 40); wherein the plurality of vertebral anchors comprises a first vertebral anchor (30), a second vertebral anchor (40).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to construct the system having two vertebral anchors and corresponding spacer and tool structures as disclosed by the combination of Blain, Mozeleski, and Garcia to have four vertebral anchors and corresponding engaging structures as taught by Moskowitz, since mere duplication of the essential working parts of a device involves only routine skill in the art and one would be motivated to do so in order to select a known configuration with symmetry and inherent stability (Moskowitz ¶44); i.e. to provide additional stability and securement for the spacer.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMY SIPP whose telephone number is (313)446-6553. The examiner can normally be reached on Monday through Thursday, 6:30am-4pm EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kevin Truong can be reached on 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 an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/AMY R SIPP/Primary Examiner, Art Unit 3775
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