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 Objections
Claim 24 is objected to because of the following informalities:
In line 2 of claim 24, “being” should be deleted and replaced with ---are---.
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 and 25 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 recites the limitation "the opening" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 25 recites the limitation "the opening" in line 2. There is insufficient antecedent basis for this limitation in the claim.
For examination purposes, claims 24 and 25 are interpreted as depending from claim 12 in order to provide antecedent basis for “the opening” of the support ring body.
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 1-5, 7-9 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chin (US 2006/0264962 A1).
Regarding claim 1, Chin discloses a pedicle screw assembly (shown in Figs. 7-8) comprising:
a screw body (150; Fig. 7; para. 0061-0062) having a head (160; Fig. 7) and a threaded shaft extending from the head (see shaft 162 with threads 166; Fig. 7);
a tulip (152; Fig. 7; para. 0061) having a pocket (defined by aperture 170 within base 168 of tulip 152; Fig. 7; para. 0063) receiving the head of the screw body (as shown in Fig. 8, described in para. 0063), the tulip having a first side wall and a second side wall on opposite sides of the pocket (first and second side walls defined by arms 172; Figs. 7-8), the tulip having rod openings defined between the first and second side walls configured to receive a rod (as shown, for receiving rod 146; Figs. 7-8; para. 0063);
a set screw (154; Figs. 7-8; para. 0063-0064) received in the pocket to secure the rod in the pocket (as shown in Fig. 8, described in para. 0064);
a tulip extension (defined by cannula 142, having first and second blades 194, 196; Figs. 7-8; para. 0065) extending from the tulip (as shown in Fig. 8), the tulip extension including a first extension tab extending from the first side wall and a second extension tab extending from the second side wall (first and second extension tabs defined first and second blades 194 and 196, respectively, extending from corresponding first and second side walls 172; Figs. 7-8; para. 0067), the first and second extension tabs extending parallel to each other between proximal ends and distal ends of the first and second extension tabs (as shown in Fig. 8, described in para. 0068), the tulip extension having a lumen defined between the first and second extensions (with tulip extension/cannula attached to tulip 152, shown in Fig. 8, a lumen is defined between first and second extensions/blades 194, 196), the tulip extension having slots defined between the first and second extensions aligned with the rod openings (shown in Fig. 8), the tulip extension including a deflectable retention spring along the first extension tab (deflectable retention spring defined by proximal tab 202 of first tab/blade 194, which includes a locking ridge 206, and which bends inward and snaps back to an undeflected orientation within an arcuate slot 218 of abutment member 144, as described in at least para. 0070; see Figs. 7-8); and
a support ring (defined by abutment member 144; Figs. 7-8; para. 0069) coupled to the distal ends of the first and second extension tabs to support the first and second extension tabs relative to each other (shown in Fig. 8, abutment support ring 144 coupled to distal ends, i.e. upper ends, of first and second extension tabs 194, 196 to hold them relative to each other, as described in at least para. 0060), wherein the support ring interfaces with the retention spring to retain the support ring on the first and second extension tabs (interfacing with proximal tabs 202 defining the retention spring, which deflect inward so as to allow abutment support ring 144 to pass over the respective locking ridges 206 to be retained on the first and second extension tabs 194, 196; Figs. 7-8; para. 0066, 0070), and wherein the retention spring is releasable from the support ring to allow removal of the support ring from the distal ends of the first and second extension tabs (proximal tabs 202 defining a retention spring can be bent inward so as to release from support ring 144 to allow removal of the support ring from the distal ends, i.e. upper ends, of first and second extension tabs 194, 196; Figs. 7-8; Abstract; para. 0066, 0070, 0103);
wherein the first and second extension tabs pass through the support ring such that distal ends of the first and second extension tabs and a distal end of the retention spring are either flush with a distal end of the support ring or protrude beyond the distal end of the support ring (as shown in Fig. 8, distal ends, i.e. upper ends, of first and second extension tabs 194, 196 and distal end of the retention spring/tab 202 on first tab 194 protrude beyond the distal/upper end of support ring 144).
Regarding claim 2, Chin discloses the pedicle screw assembly of claim 1, wherein the retention spring includes a lip protruding outwardly to engage the support ring (retention spring defined by tab 202 on first extension tab 194 includes a lip 206 protruding outwardly to engage the support ring 144; Figs. 7-8; para. 0066, 0070).
Regarding claim 3, Chin discloses the pedicle screw assembly of claim 1, wherein the retention spring (202; Figs. 7-8) is coincident with the first extension tab (194, as shown; Figs. 7-8), the first extension tab including wall portions flanking both sides of the retention spring (as shown in Figs. 7-8, the tab 202 defining the retention spring is flanked on both side by lateral wall portions of first extension tab 194).
Regarding claim 4, Chin discloses the pedicle screw assembly of claim 1, wherein the retention spring (tab 202 on first extension tab 194; Figs. 7-8) passes through an opening (corresponding arcuate slot 218; Figs. 7-8; para. 0069-0071) in the support ring along an interior of the support ring and is exposed beyond the support ring for release of the retention spring (as shown, Fig. 8).
Regarding claim 5, Chin discloses the pedicle screw assembly of claim 1, wherein the support ring (144; Figs. 7-8) includes an interior surface and an exterior surface (interior surface defined by the interior surfaces of arcuate slots 218, and exterior surface defined by the periphery of the support ring 144; Figs. 7-8), the retention spring engaging the interior surface of the support ring to retain the support ring on the tulip extension (retention spring defined by tab 202 on first extension tab 194 engages interior surface defined by corresponding arcuate slot 218 to retain support ring 144, due to locking ridge 206; Figs. 7-8; para. 0066, 0070), the interior surface engaging the first and second extension tabs (interior surface defined by arcuate slots 218 engages first and second extension tabs 194, 196; Fig. 8).
Regarding claim 7, Chin discloses the pedicle screw assembly of claim 1, wherein the retention spring is a first retention spring, the tulip extension further comprises a second retention spring along the second extension tab (tab 202 on first extension tab 194, i.e. the retention spring, is a first retention spring, with the second tab 202 on second extension tab 196 defines a second retention spring; Figs. 7-8).
Regarding claim 8, Chin discloses the pedicle screw assembly of claim 7, wherein the second retention spring is on an opposite side of the lumen as the first retention spring (first and second retention springs defined by respective tabs 202 on first and second extension tabs 194, 196 are shown to be disposed on opposite sides of the lumen of cannula 142; Figs. 7-8).
Regarding claim 9, Chin discloses the pedicle screw assembly of claim 1, wherein the retention spring is deflectable inward into the lumen to release the support ring (tab 202 defining the retention spring, on first extension tab 194, is elongated and provided “with a thin cross section that permits bending toward and away from the axis […] of the cannula” as recited in para. 0066, and is thus understood to be deflectable inwards into the lumen of the cannula so as to permit removal of the support ring 144; Figs. 7-8; para. 0066, 0070).
Regarding claim 11, Chin discloses the pedicle screw assembly of claim 1, wherein the first and second tab extensions (194, 196; Figs. 7-8) are removable from the first and second side walls (as shown in Fig. 7, described in at least para. 0067).
Claim Rejections - 35 USC § 103
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 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, 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Chin (US 2006/0264962 A1), as applied to claim 1 above, further in view of Beyer (US 2022/0401130 A1).
Regarding claim 6, Chin discloses the pedicle screw assembly of claim 1.
However, Chin does not specifically disclose wherein the retention spring is stamped from the first extension tab.
Beyer, in analogous art, teaches wherein screw extender extension tabs “can be manufactured from a single piece of metal material, for example a strip of stainless steel, an can then be stamped […] to have its final U-shape with all the features” (see para. 0031, referencing extender 100 shown in Figs. 1A-2B).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have stamped the profile of Chin’s extension tab portion defining the retention spring, as claimed and taught by Beyer, because Beyer recognizes that stamping or cutting metal to form the outline of a screw extension is known in the art (see Beyer, para. 0031-0032).
Claims 12-25 are rejected under 35 U.S.C. 103 as being unpatentable over Chin (US 2006/0264962 A1) in view of Reitblat (US 2014/0277206 A1).
Regarding claims 12-15 and 24-25 (noting the interpretation of claims 24-25 in view of the rejection under 35 U.S.C. 112), Chin discloses the pedicle screw assembly of claim 1, wherein the support ring (144; Figs. 7-8) includes a ring body (as shown, having a generally ring-shaped body; Figs. 7-8).
Chin also discloses the assembly comprising a support ring (144; Figs. 7-8) including a ring body (as shown, having a generally ring-shaped body; Figs. 7-8) configured to receive the distal ends of the first and second extension tabs to prevent opening of the first and second extension tabs relative to each other, the ring body coupled to the first and second extension tabs and prevent closing of the first and second extension tabs toward each other (as shown, support ring 144 receiving extension tabs 194, 196 in corresponding arcuate slots 218 to prevent opening and closing of the tabs relative to each other; Figs. 7-8; para. 0069-0070).
However, Chin does not disclose: [Claim 12] the ring body of the support ring surrounding an opening configured to receive the distal ends of the first and second extension tabs, the ring body surrounding the first and second extension tabs to prevent opening of the first and second extension tabs relative to each other, the ring body coupled to the first and second extension tabs to support the first and second extension tabs and prevent closing of the first and second extension tabs relative to each other; [Claim 13] wherein the ring body includes a first tab channel along a first side of the opening and a second tab channel along a second side of the opening, the first tab channel receiving the first tab extension, the second tab channel receiving the second tab extension; [Claim 14] wherein the ring body includes tab hooks defining the first and second tab channels, the tab hooks capturing the first and second tab extensions in the first and second tab channels to prevent inward movement of the first and second tab extensions; [Claim 15] wherein the ring body includes support pads between the first and second tab channels, the support pads engaging edges of the first and second tab extensions to prevent inward movement of the first and second tab extensions; [Claim 24] wherein the first and second extension tabs being exposed to the opening and facing each other across the opening; and [Claim 25] wherein the retention spring is deflectable in a spring direction that is radially inward into the opening.
Reitblat, in analogous art, discloses a pedicle screw assembly comprising first and second extension tabs extending from a tulip body (see extensions/blades 12 in Figs. 2B and 3, described in para. 0051), and [Claim 12] a support ring (coupling 17; Figs. 2A-2B; para. 0050-0053) including a ring body surrounding an opening (as shown, surrounding central opening of support ring/coupling 17; Fig. 2A) configured to receive the distal ends of the first and second extension tabs (as shown in Fig. 2B), the ring body surrounding the first and second extension tabs to prevent opening of the first and second extension tabs relative to each other (preventing opening via protrusions 37, 38 of the ring body; Figs. 2A-2B; para. 0052), the ring body coupled to the first and second extension tabs to support the first and second extension tabs and prevent closing of the first and second extension tabs relative to each other (as described in at least para. 0052), the first and second extension tabs being exposed to the opening and facing each other across the opening (as shown in Fig. 2B, inward-facing surfaces of extension tabs 12 exposed to the opening of support ring/coupling 17 and facing each other); [Claim 13] wherein the ring body includes a first tab channel along a first side of the opening and a second tab channel along a second side of the opening, the first tab channel receiving the first tab extension, the second tab channel receiving the second tab extension (see Examiner’s Annotated Fig. 2A of Reitblat above, identifying channels 32 and 34, in conjunction with Fig. 2B of Reitblat); [Claim 14] wherein the ring body includes tab hooks defining the first and second tab channels, the tab hooks capturing the first and second tab extensions in the first and second tab channels to prevent inward movement of the first and second tab extensions (tab hooks 37/38 identified in Examiner’s Annotated Fig. 2A of Reitblat below; see para. 0052); [Claim 15] wherein the ring body includes support pads between the first and second tab channels, the support pads engaging edges of the first and second tab extensions to prevent inward movement of the first and second tab extensions (support pads are defined by the inner concave surfaces on opposite sides of the ring body of support ring 17, shown capable of engaging edges of respective tab/blade extensions 12 and, in conjunction with tab hooks 37/38, to prevent inward movement of the extensions 12; see Examiner’s Annotated Fig. 2A above and Fig. 2B; para. 0051-0052); [Claim 24] wherein the first and second extension tabs being exposed to the opening and facing each other across the opening (as shown in Fig. 2B, inward-facing surfaces of extension tabs 12 exposed to the opening of support ring/coupling 17 and facing each other).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Chin’s support ring, which includes a central opening and two opposing slots formed between the central opening and the outer surface of the ring, the slots receiving respective first and second extension tabs, to have the configuration taught by Reitblat, i.e., having a single central opening and a pair of inwardly-projecting protrusions to formed on opposing sides of the central opening for retaining the opposing first and second extension tabs in the claimed manner, such that Chin’s retention spring/tab at the upper end of each extension tab is deflectable in a spring-direction into the opening of the support ring and the lumen of the cannula in order to release the support ring from the extension tabs as claimed, because Reitblat recognizes that a support ring having such a structure, and particularly such an inner profile with retaining protrusions, can prevent the extension tabs from moving inwardly towards each other and secure the extension tabs in the desired position (see Reitblat, para. 0052).
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Examiner’s Annotated Fig. 2A of Reitblat
Regarding claim 16-19, Chin discloses a pedicle screw assembly (shown in Figs. 7-8) comprising:
a screw body (150; Fig. 7; para. 0061-0062) having a head (160; Fig. 7) and a threaded shaft extending from the head (see shaft 162 with threads 166; Fig. 7);
a tulip (152; Fig. 7; para. 0061) having a pocket (defined by aperture 170 within base 168 of tulip 152; Fig. 7; para. 0063) receiving the head of the screw body (as shown in Fig. 8, described in para. 0063), the tulip having a first side wall and a second side wall on opposite sides of the pocket (first and second side walls defined by arms 172; Figs. 7-8), the tulip having rod openings defined between the first and second side walls configured to receive a rod (as shown, for receiving rod 146; Figs. 7-8; para. 0063);
a set screw (154; Figs. 7-8; para. 0063-0064) received in the pocket to secure the rod in the pocket (as shown in Fig. 8, described in para. 0064);
a tulip extension (defined by cannula 142, having first and second blades 194, 196; Figs. 7-8; para. 0065) extending from the tulip (as shown in Fig. 8), the tulip extension including a first extension tab extending from the first side wall and a second extension tab extending from the second side wall (first and second extension tabs defined first and second blades 194 and 196, respectively, extending from corresponding first and second side walls 172; Figs. 7-8; para. 0067), the first and second extension tabs extending parallel to each other between proximal ends and distal ends of the first and second extension tabs (as shown in Fig. 8, described in para. 0068), the tulip extension having a lumen defined between the first and second extensions (with tulip extension/cannula attached to tulip 152, shown in Fig. 8, a lumen is defined between first and second extensions/blades 194, 196), the tulip extension having slots defined between the first and second extensions aligned with the rod openings (shown in Fig. 8), the tulip extension including a deflectable retention spring along the first extension tab (deflectable retention spring defined by proximal tab 202 of first tab/blade 194, which includes a locking ridge 206, and which bends inward and snaps back to an undeflected orientation within an arcuate slot 218 of abutment member 144, as described in at least para. 0070; see Figs. 7-8); and
the first and second extension tabs extending parallel to each other between proximal ends and distal ends of the first and second extension tabs (as shown in Fig. 8, described in para. 0068), the tulip extension having a lumen defined between the first and second extensions (with tulip extension/cannula attached to tulip 152, shown in Fig. 8, a lumen is defined between first and second extensions/blades 194, 196), the tulip extension having slots defined between the first and second extensions aligned with the rod openings (shown in Fig. 8); and
Chin also discloses the assembly comprising a support ring (144; Figs. 7-8) including a ring body (as shown, having a generally ring-shaped body; Figs. 7-8) configured to receive the distal ends of the first and second extension tabs to prevent opening of the first and second extension tabs relative to each other, the ring body coupled to the first and second extension tabs and prevent closing of the first and second extension tabs toward each other (as shown, support ring 144 receiving extension tabs 194, 196 in corresponding arcuate slots 218 to prevent opening and closing of the tabs relative to each other; Figs. 7-8; para. 0069-0070).
However, Chin does not specifically disclose: [Claim 16] the ring body of the support ring surrounding an opening configured to receive the distal ends of the first and second extension tabs, wherein the first and second extension tabs being exposed to the opening and facing each other across the opening; [Claim 17] wherein the ring body includes a first tab channel along a first side of the opening and a second tab channel along a second side of the opening, the first tab channel receiving the first tab extension, the second tab channel receiving the second tab extension; [Claim 18] wherein the ring body includes tab hooks defining the first and second tab channels, the tab hooks capturing the first and second tab extensions in the first and second tab channels to prevent inward movement of the first and second tab extensions; and [Claim 19] wherein the ring body includes support pads between the first and second tab channels, the support pads engaging edges of the first and second tab extensions to prevent inward movement of the first and second tab extensions.
Reitblat, in analogous art, discloses a pedicle screw assembly comprising first and second extension tabs extending from a tulip body (see extensions/blades 12 in Figs. 2B and 3, described in para. 0051), and [Claim 16] a support ring (coupling 17; Figs. 2A-2B; para. 0050-0053) including a ring body surrounding an opening (as shown, surrounding central opening of support ring/coupling 17; Fig. 2A) configured to receive the distal ends of the first and second extension tabs (as shown in Fig. 2B), the ring body surrounding the first and second extension tabs to prevent opening of the first and second extension tabs relative to each other (preventing opening via protrusions 37, 38 of the ring body; Figs. 2A-2B; para. 0052), the ring body coupled to the first and second extension tabs to support the first and second extension tabs and prevent closing of the first and second extension tabs relative to each other (as described in at least para. 0052), the first and second extension tabs being exposed to the opening and facing each other across the opening (as shown in Fig. 2B, inward-facing surfaces of extension tabs 12 exposed to the opening of support ring/coupling 17 and facing each other), [Claim 17] wherein the ring body includes a first tab channel along a first side of the opening and a second tab channel along a second side of the opening, the first tab channel receiving the first tab extension, the second tab channel receiving the second tab extension (see Examiner’s Annotated Fig. 2A of Reitblat above, identifying channels 32 and 34, in conjunction with Fig. 2B of Reitblat); [Claim 18] wherein the ring body includes tab hooks defining the first and second tab channels, the tab hooks capturing the first and second tab extensions in the first and second tab channels to prevent inward movement of the first and second tab extensions (tab hooks 37/38 identified in Examiner’s Annotated Fig. 2A of Reitblat above; see para. 0052); and [Claim 19] wherein the ring body includes support pads between the first and second tab channels, the support pads engaging edges of the first and second tab extensions to prevent inward movement of the first and second tab extensions (support pads are defined by the inner concave surfaces on opposite sides of the ring body of support ring 17, shown capable of engaging edges of respective tab/blade extensions 12 and, in conjunction with tab hooks 37/38, to prevent inward movement of the extensions 12; see Examiner’s Annotated Fig. 2A above and Fig. 2B; para. 0051-0052).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Chin’s support ring, which includes a central opening and two opposing slots formed between the central opening and the outer surface of the ring, the slots receiving respective first and second extension tabs, to have the configuration taught by Reitblat, i.e., having a single central opening and a pair of inwardly-projecting protrusions to formed on opposing sides of the central opening for retaining the opposing first and second extension tabs in the claimed manner, because Reitblat recognizes that a support ring having such a structure, and particularly such an inner profile with retaining protrusions, can prevent the extension tabs from moving inwardly towards each other and secure the extension tabs in the desired position (see Reitblat, para. 0052).
Regarding claims 20, 21 and 23, Chin discloses a pedicle screw assembly comprising:
a screw body (150; Fig. 7; para. 0061-0062) having a head (160; Fig. 7) and a threaded shaft extending from the head (see shaft 162 with threads 166; Fig. 7);
a tulip (152; Fig. 7; para. 0061) having a pocket (defined by aperture 170 within base 168 of tulip 152; Fig. 7; para. 0063) receiving the head of the screw body (as shown in Fig. 8, described in para. 0063), the tulip having a first side wall and a second side wall on opposite sides of the pocket (first and second side walls defined by arms 172; Figs. 7-8), the tulip having rod openings defined between the first and second side walls configured to receive a rod (as shown, for receiving rod 146; Figs. 7-8; para. 0063);
a set screw (154; Figs. 7-8; para. 0063-0064) received in the pocket to secure the rod in the pocket (as shown in Fig. 8, described in para. 0064);
a tulip extension (defined by cannula 142, having first and second blades 194, 196; Figs. 7-8; para. 0065) extending from the tulip (as shown in Fig. 8), the tulip extension including a first extension tab extending from the first side wall and a second extension tab extending from the second side wall (first and second extension tabs defined first and second blades 194 and 196, respectively, extending from corresponding first and second side walls 172; Figs. 7-8; para. 0067), the first and second extension tabs extending parallel to each other between proximal ends and distal ends of the first and second extension tabs (as shown in Fig. 8, described in para. 0068), the tulip extension having a lumen defined between the first and second extensions (with tulip extension/cannula attached to tulip 152, shown in Fig. 8, a lumen is defined between first and second extensions/blades 194, 196), the tulip extension having slots defined between the first and second extensions aligned with the rod openings (shown in Fig. 8), the tulip extension including a deflectable retention spring along the first extension tab (deflectable retention spring defined by proximal tab 202 of first tab/blade 194, which includes a locking ridge 206, and which bends inward and snaps back to an undeflected orientation within an arcuate slot 218 of abutment member 144, as described in at least para. 0070; see Figs. 7-8); and
a support ring (defined by abutment member 144; Figs. 7-8; para. 0069);
wherein the support ring interfaces with the retention spring to retain the support ring on the first and second extension tabs (interfacing with proximal tabs 202 defining the retention spring, which deflect inward so as to allow abutment support ring 144 to pass over the respective locking ridges 206 to be retained on the first and second extension tabs 194, 196; Figs. 7-8; para. 0066, 0070), and wherein the retention spring is releasable from the support ring to allow removal of the support ring from the distal ends of the first and second extension tabs (proximal tabs 202 defining a retention spring can be bent inward so as to release from support ring 144 to allow removal of the support ring from the distal ends, i.e. upper ends, of first and second extension tabs 194, 196; Figs. 7-8; Abstract; para. 0066, 0070, 0103).
Chin also discloses the assembly comprising a support ring (144; Figs. 7-8) including a ring body (as shown, having a generally ring-shaped body; Figs. 7-8) configured to receive the distal ends of the first and second extension tabs to prevent opening of the first and second extension tabs relative to each other, the ring body coupled to the first and second extension tabs and prevent closing of the first and second extension tabs toward each other (as shown, support ring 144 receiving extension tabs 194, 196 in corresponding arcuate slots 218 to prevent opening and closing of the tabs relative to each other; Figs. 7-8; para. 0069-0070).
However, Chin does not specifically disclose: [Claim 20] the ring body of the support ring surrounding an opening configured to receive the distal ends of the first and second extension tabs, the ring body surrounding the first and second extension tabs to prevent opening of the first and second extension tabs relative to each other, the ring body coupled to the first and second extension tabs to support the first and second extension tabs and prevent closing of the first and second extension tabs relative to each other, and wherein the retention spring is releasable from the support ring by deflection into the opening to allow removal of the support ring from the distal ends of the first and second extension tabs; [Claim 21] wherein the retention spring is deflectable in a spring direction that is radially inward into the opening; and [Claim 23] wherein the first and second extension tabs being exposed to the opening and facing each other across the opening.
Reitblat, in analogous art, discloses a pedicle screw assembly comprising first and second extension tabs extending from a tulip body (see extensions/blades 12 in Figs. 2B and 3, described in para. 0051), and [Claim 20] a support ring (coupling 17; Figs. 2A-2B; para. 0050-0053) including a ring body surrounding an opening (as shown, surrounding central opening of support ring/coupling 17; Fig. 2A) configured to receive the distal ends of the first and second extension tabs (as shown in Fig. 2B), the ring body surrounding the first and second extension tabs to prevent opening of the first and second extension tabs relative to each other (preventing opening via protrusions 37, 38 of the ring body; Figs. 2A-2B; para. 0052), the ring body coupled to the first and second extension tabs to support the first and second extension tabs and prevent closing of the first and second extension tabs relative to each other (as described in at least para. 0052), the first and second extension tabs being exposed to the opening and facing each other across the opening (as shown in Fig. 2B, inward-facing surfaces of extension tabs 12 exposed to the opening of support ring/coupling 17 and facing each other); [Claim 21] wherein the retention spring is deflectable in a spring direction that is radially inward into the opening; and [Claim 23] wherein the first and second extension tabs are exposed to the opening and facing each other across the opening (as shown in Fig. 2B, inward-facing surfaces of extension tabs 12 exposed to the opening of support ring/coupling 17 and facing each other).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Chin’s support ring, which includes a central opening and two opposing slots formed between the central opening and the outer surface of the ring, the slots receiving respective first and second extension tabs, to have the configuration taught by Reitblat, i.e., having a single central opening and a pair of inwardly-projecting protrusions to formed on opposing sides of the central opening for retaining the opposing first and second extension tabs in the claimed manner, such that Chin’s retention spring/tab at the upper end of each extension tab is deflectable in a spring-direction into the opening of the support ring and the lumen of the cannula in order to release the support ring from the extension tabs as claimed, because Reitblat recognizes that a support ring having such a structure, and particularly such an inner profile with retaining protrusions, can prevent the extension tabs from moving inwardly towards each other and secure the extension tabs in the desired position (see Reitblat, para. 0052).
Regarding claim 22, Chin and Reitblat collectively disclose the pedicle screw assembly of claim 20, wherein the first and second extension tabs pass through the support ring such that distal ends of the first and second extension tabs and a distal end of the retention spring are either flush with a distal end of the support ring or protrude beyond the distal end of the support ring (in the combination described above, as shown by Chin in Fig. 8, the distal ends, i.e. upper ends, of first and second extension tabs 194, 196 and distal end of the retention spring/tab 202 on first tab 194 protrude beyond the distal/upper end of support ring 144).
Allowable Subject Matter
Claim 10 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Claim 10 would be allowable because the prior art of record, alone or in combination, does not teach or suggest “wherein the tulip extension includes a collar having a first shoulder along the first extension tab and a second shoulder along the second extension tab, the first and second shoulders forming a seat for the support ring to locate the support ring along the first and second extension tabs, the retention spring holding the support ring on the seat”.
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 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 ANNA VICTORIA LITTLE whose telephone number is (571)272-6630. The examiner can normally be reached M-F 9a-6p EST.
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/ANNA V. LITTLE/ Examiner, Art Unit 3773
/JAN CHRISTOPHER L MERENE/ Primary Examiner, Art Unit 3773
