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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 07/29/2026 has been entered.
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 37 – 40 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.
Claim 37 recites the limitation “wherein a portion of the first engagement surface form s an abutment”. There is no antecedent basis for the “the first engagement surface” and it is unclear if the first engagement surface is the same as or different than “the first connection surface”. For purposes of examination, they are assumed to be the same.
Claim Rejections - 35 USC § 102
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) 37 - 40 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Skolnick et al. (US 20180104067).
Regarding claim 37 (as best understood), Skolnick discloses a system comprising:
an implant (ref. 12) comprising a body and a first connection surface (Fig. 3, refs. 22, 38a, 36a, 24) formed at the body;
a non-implantable tool configured to facilitate implantation of the implant (Fig. 6, ref. 100), the tool comprising a second connection surface (Fig. 6, refs. 104, 106, 108);
an implantable extension (Fig. 4, ref. 14) comprising a third connection surface (best shown in Fig. 5, where the rear faces surfaces are considered to be the third connection surface);
wherein a portion of the first engagement surface forms an abutment (see remarked Fig. 6 below which shows an inner surface of the first engagement portion, where the inner surface is considered an abutment because it prevents forward movement of both the tool and the extension), and wherein the second connection surface of the tool and the third connection surface of the extension are interchangeably engageable with the abutment of the first connection surface of the implant in a threadless manner, such that a holding force at the abutment is configured to selectively hold the tool or the extension to the implant (Figs. 6 – 11 shows the second connection surface engaged in a threadless manner with the abutment to fold the implant to the tool and Figs. 12-13 shows the third connection surface of the extension engaged with the abutment in a threadless manner to hold the two together).
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Regarding claim 38, Skolnick discloses the system of claim 37, wherein the implant is an intervertebral implant configured to be inserted into an intervertebral space (Abstract).
Regarding claim 39, Skolnick discloses the system of claim 37, wherein the extension comprises a plate assembly that is connectable to the implant (Figs. 12 – 13).
Regarding claim 40, Skolnick discloses the system of claim 37, wherein the extension further comprises an engagement surface configured to lock the extension to the implant (ref. 56).
Allowable Subject Matter
Claims 1, 4, 6, 8, 9 and 26 – 36 are allowed.
Response to Arguments
Applicant's arguments filed 07/15/2026 have been fully considered but they are not persuasive. Applicant argues that the extension plate and tool engage different surfaces in order to attach to the cage/implant. The Office respectfully disagrees. Fig. 9B shows the tool engaged with the abutment of the implant and Fig. 12 shows the extension engaged with the abutment.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TESSA M MATTHEWS whose telephone number is (571)272-8817. The examiner can normally be reached M - F 8am - 1pm.
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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.
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/TESSA M MATTHEWS/Examiner, Art Unit 3773
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