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 .
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 - 37 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
The Double Patenting rejection is overcome.
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, 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 the second connection surface of the tool and the third connection surface of the extension are interchangeably engageable with the first connection surface of the implant in a threadless manner, such that a holding force at the engagement is configured to selectively hold the tool or the extension to the implant (as shown in Figs. 6 – 11 shows the second connection surface engaged in a threadless manner to fold the implant to the tool and Figs. 12-13 shows the third connection surface of the extension engaged in a threadless manner).
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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
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.
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, 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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