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:
The Brief Description of the Drawings for Figs. 1A, 1B and 2 (which figures are directed to prior art and are labeled as such) fails to indicate that these figures represent prior art.
Likewise, the Detailed Description fails to indicate that these figures and the description thereof represent prior art.
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 24, 28-33 and 36-39 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 24, line 2, “the compression cap” lacks antecedent basis.
Claim 28, line 1, “the retaining” lacks antecedent basis.
Claim 33, line 2, “the inner groove” lacks consistent antecedent basis.
Claim 36, line 2, “a distal opening” lacks consistent antecedent basis.
Claim 37, line 2, “the inner surface of the retaining ring” lacks antecedent basis.
Claim 37, line 3, “the inner groove” lacks antecedent basis.
Claim 38, lines 1-2, “the equator of the head portion” lacks antecedent basis.
Claim 39, line 2, “the radially inward direction” lacks antecedent basis.
Dependent claims are also rejected because they include the limitations of their respective parent claim(s).
Appropriate correction is required.
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.
Claims 21-29 and 33-39 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Whipple (2008/0015579; cited by Applicant).
Regarding claim 21, Whipple discloses a bone anchor assembly 10 (Fig. 1A), comprising:
a receiver member 60 having a proximal end 62 (Fig. 3A) and a distal end 70 (id.) with a central longitudinal axis (Fig. 1A) extending therebetween, as well as a longitudinal bore 68 (Figs. 3A-3C) with an opening 64, 73 (id.) at the distal end 70 of the receiver member and a groove 71 (Fig. 3B) formed on an inner surface of the receiver member;
a shank 40 having a head portion 42 seated within the receiver member (Fig. 1D), a bone engaging portion 44 that extends distally from the receiver member 60, and an unthreaded neck disposed therebetween (Figs. 1C, 1D); and
a retaining ring 20, 50 (Figs. 1A, 1D; para. 0034) received in the groove of the receiver member (Fig. 1D), the retaining ring having an annular boss 50 (Fig. 1D) with a shape that is complementary to the groove 71 (Figs. 1D, 3B; para. 0034);
wherein the retaining ring 20, 50 is disposed between the head portion 42 and the distal end of the receiver member 60 to retain the head portion within the receiver member and impart a drag force on the head portion (e.g., at least during assembly when the set screw 100 is partially tightened) while separating the head portion 42 from the inner surface of the receiver member (e.g., at the lower portion thereof where the retaining ring 20, 50 is situated; Fig. 1D).
Regarding claim 22, a compression cap 90 is disposed within the longitudinal bore 68 of the receiver member 60 and in contact with the head portion 42 of the shank 40 (Fig. 1D).
Regarding claim 23, the compression cap 90 and the retaining ring 20, 50 are spaced apart from one another (Fig. 1D).
Regarding claim 24, a set screw is received through the proximal end 62 of the receiver member 60 to urge the compression cap 90 distally through the receiver member 60 (Fig. 1A; para. 0037).
Regarding claim 25, the retaining ring 20, 50 includes a sidewall (annotated Fig. 2A, below) with a split formed therein (Fig. 1A) that allows for radial expansion and compression of the retaining ring 20, 50 (para. 0034).
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Regarding claim 26, the retaining ring 20, 50 includes a walled portion (annotated Fig. 2A, supra) that extends proximally from the sidewall, the walled portion including two wall segments separated circumferentially by a gap (i.e., between the split ends).
Regarding claim 27, each gap is disposed opposite the opposing split, (i.e., each split defines a gap; Fig. 1A).
Regarding claim 28, the retaining ring 20, 50 is configured to receive the neck of the shank 40 through the split formed therein, if desired (e.g., before final assembly by flexing ends of the ring portion 50 [Fig. 4A] into a circle shape with an opening and placing the neck of the shank 40 through the opening and through a gap between portions 20). It is noted that the retaining ring can be considered to be so configured because portion 50 is configured to be bent (Fig. 4A, para. 0035) and portions 20 are split (Fig. 1A).
Regarding claim 29, the retaining ring 20, 50 and the shank 40 are configured to be inserted proximally through the distal end 70 of the receiver member 60 (para. 0040; Figs. 3A, 3C, showing portions of the opening 64, 73 at the distal end 70 of the receiver member).
Regarding claim 33, a distal end of the retaining ring 20, 50 (i.e., portion 20 thereof) is aligned with the distal end of the receiver member 60 when the retaining ring is received in the inner groove 71 (Fig. 1D).
Regarding claim 34, the shank 40 is configured to selectively polyaxially pivot and rotate relative to the retaining ring 20, 50 and the receiver member 60 (Fig. 1D and para. 0033).
Regarding claim 35, an outer diameter of the annular boss 50 of the retaining ring 20, 50 represents a maximum outer diameter of the retaining ring (Fig. 1D).
Regarding claim 36, the maximum outer diameter of the retaining ring 20, 50 is less than a diameter of a distal annular recess in the groove 71 and greater than a distal opening 64 of the receiver member 60 (Fig. 1D).
Regarding claim 37, the retaining ring is configured to radially expand in response to the head portion 42 contacting the inner surface of the retaining ring 20, 50 and urging the annular boss 50 of the retaining ring 20, 50 into increased contact with and against the groove 71 of the receiver member 60. It is noted that when the set screw 100 is tightened, the head portion 42 bears against the inner surface of the retaining ring 20, 50, which would further compress and expand the annular boss 50 while portions 22 expand to fully seat the head portion 42.
Regarding claim 38, the retaining ring 20, 50, e.g., the top thereof, is disposed around an equator, e.g., a central band region, of the head portion 42 (Fig. 1D).
Regarding claim 39, the retention ring 20, 50 imparts the drag force on the head portion 42 in a radially inward direction, i.e., components of the reaction force during tightening are directed radially inwardly (as well as upwardly).
Allowable Subject Matter
No claims are currently allowed. However, claims 30-32 would be allowable if the rejection under 35 U.S.C. 112 of parent claim 28 is overcome, and if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure (see attached PTO-892).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID C COMSTOCK whose telephone number is (571)272-4710. The examiner can normally be reached M-F 9:00-5:00 PST.
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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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DAVID C. COMSTOCK
Examiner
Art Unit 3773
/DAVID C COMSTOCK/Examiner, Art Unit 3773
/EDUARDO C ROBERT/Supervisory Patent Examiner, Art Unit 3773