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 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.
Claim 4 is 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 4 recites the limitation "a first surface lattice and a second surface lattice " in 2-3. It is not clear if they are same as the first surface lattice and the second surface lattice of claim 1 or they are different.
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; a bottom surface 112 opposite the top surface, the bottom surface including a second surface lattice; 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, andthe 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; a bottom surface 102 opposite the top surface, the bottom surface including a second surface lattice fig, 1a; 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; a bottom surface 108 opposite the top surface, the bottom surface including a second surface lattice fig. 9; 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.
Conclusion
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/SAMEH R BOLES/Primary Examiner, Art Unit 3775