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 .
According to the Amendment filed on 2/3/26, Claims 1, 4,11,18 are amended.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
The new matter issue is “a top surface including a first surface lattice connected to at least one of an edge of a top surface and an edge of a bottom surface; ……., the bottom surface including a second surface lattice connected to at least one of the edge of the top surface and the edge of the bottom surface.” Since the specification and the drawings teaches that the first surface lattice connected only to the edge of a top surface and the second surface lattice connected only to the edge of the bottom surface.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2, 4-10 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Hunt (US 20130123935 A1).
Hunt discloses an implant fig. 1a comprising: a top surface 111 including a first surface lattice connected to an edge of a top surface; a bottom surface 112 opposite the top surface, the bottom surface including a second surface lattice connected to an edge of a bottom surface; and a body 113 positioned between the top surface and the bottom surface, the body including a first plurality of lattice structures fig. 1a, wherein the body at least partially defines one or more side surfaces 113; and wherein first surface lattice, the second surface lattice, and the body are integrally formed fig, 1a, wherein the first surface lattice, the second surface lattice, and the body are at least partially smooth fig. 1a-1b, wherein each lattice structure of the first plurality of lattice structures comprises one or more lattice struts 103 that converge at one or more lattice junctures fig. 5, wherein the first plurality of lattice structures is formed from a series of repeated lattice structures mirrored over at least one of a vertical axis and a horizontal axis fig. 1a, wherein the implant is symmetrical with respect to at least one of a horizontal axis and a vertical axis fig. 2b, wherein the implant is substantially porous fig. 1a, wherein the implant is configured to be inserted into a spine of a user to provide stability, promote osseointegration, and maintain proper spine alignment (para. 71), wherein the implant is at least partially formed from at least one of a Titanium alloy and nitinol (para. 77).
Claim(s) 11-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Unger (US 20190133783 A1).
Unger discloses an implant fig. 1 and 14 to provide stability and promote osseointegration comprising: a top surface 101 including a first surface lattice fig. 1a connected to an edge of a top surface; a bottom surface 102 opposite the top surface, the bottom surface including a second surface lattice fig, 1a connected to an edge of a bottom surface; one or more side surfaces figs. 1a-c; and a substantially hollow body 130 including an open framework formed from a plurality of lattice structures fig. 1a, the substantially hollow body disposed between the top surface and the bottom surface, wherein the substantially hollow body at least partially defines the one or more side surfaces fig. 1a-c; and wherein the first surface lattice and the second surface lattice at least partially overlay the substantially hollow body about the top surface and the bottom surface, respectively fig. 1b, a first solid perimeter 190, fig. 14 defining an outer periphery of the top surface; and a second solid perimeter 190 defining an outer periphery of the bottom surface; wherein the first solid perimeter and the second solid perimeter each bound the first surface lattice and the second surface lattice, respectively fig. 11-12, wherein each the first surface lattice and the second surface lattice comprise a plurality of microlattice structures, and wherein the plurality of microlattice structures is substantially thinner than the plurality of lattice structures fig. 14, wherein the substantially hollow body couples to the first surface lattice and the second surface lattice figs 11-12, 14, wherein the substantially hollow body is integrally formed with the first surface lattice and the second surface lattice fig. 18-19, wherein at least one of the one or more side surfaces includes a bore configured to receive a screw (para. 27) or one or more keels (fixation tab) configured to couple the implant to one or more bones (para. 27), an annular channel 103, fig. 1a extending linearly from the top surface to at least a center of the spinal implant, wherein the annular channel defines a space between the top surface and the center of the spinal implant that is free of lattice structures fig. 1d, wherein the annular channel is capable to house a bone graft, wherein the annular channel 103 extends from the top surface to the bottom surface fig. 1d.
Claim(s) 1, 3 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by HARRIS (US 20230114676 A1).
HARRIS discloses an implant fig. 9 comprising: a top surface 106 including a first surface lattice fig. 9 connected to an edge of a top surface; a bottom surface 108 opposite the top surface, the bottom surface including a second surface lattice fig. 9 connected to an edge of a bottom surface; and a body 124, 126 positioned between the top surface and the bottom surface, the body including a first plurality of lattice structures, wherein the body at least partially defines one or more side surfaces fig. 9; and wherein first surface lattice, the second surface lattice, and the body are integrally formed fig. 9, wherein the first surface lattice, the second surface lattice, and the body are at least partially coarse (ridges 210) fig. 11.
Response to Arguments
Applicant's arguments filed have been fully considered but they are not persuasive.
Applicant argues that none of the prior arts teaches “the first surface lattice connected to at least one of an edge of a top surface and an edge of a bottom surface;…… the bottom surface including a second surface lattice connected to at least one of the edge of the top surface and the edge of the bottom surface”
Examiner respectfully disagrees, since Hunt discloses an implant fig. 1a comprising: a top surface 111 including a first surface lattice connected to an edge of a top surface; a bottom surface 112 opposite the top surface, the bottom surface including a second surface lattice connected to an edge of a bottom surface; and
Unger discloses an implant fig. 1 and 14 to provide stability and promote osseointegration comprising: a top surface 101 including a first surface lattice fig. 1a connected to an edge of a top surface; a bottom surface 102 opposite the top surface, the bottom surface including a second surface lattice fig, 1a connected to an edge of a bottom surface; and
HARRIS discloses an implant fig. 9 comprising: a top surface 106 including a first surface lattice fig. 9 connected to an edge of a top surface; a bottom surface 108 opposite the top surface, the bottom surface including a second surface lattice fig. 9 connected to an edge of a bottom surface.
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 SAMEH RAAFAT BOLES whose telephone number is (571)270-5537. The examiner can normally be reached 9-5 pm.
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/SAMEH R BOLES/Primary Examiner, Art Unit 3775
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