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 .
Election/Restrictions
Applicant’s election without traverse of Species 5, shown in Figs. 22-28 in the reply filed on 05/11/2026 is acknowledged. Claims 1-18 are pending.
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.
Claim(s) 1-3, 6-11 and 14-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bennett et al. (U.S. 2014/0277497 A1).
Concerning claim 1, Bennett et al. discloses a method of stabilizing adjacent vertebrae comprising: forming an opening in an annulus fibrosus between the adjacent vertebrae (see par. 0042; ALIF procedure requiring discectomy and annular access); providing an anterior interbody spacer (see Fig. 1, element 10) including: an anterior plate (64) including a plate body having a plurality of sockets (28, 18), each configured for retaining a fastener (30) passable through the socket and into a vertebral body; the anterior plate further having first and second mating panels (74, 72) extending posteriorly from the plate body; a spacer body (12) having upper and lower surfaces sized and configured to be placed within an intervertebral space, the spacer body having upper and lower body panels (42, 44) defining a recess (56), wherein the second mating panel (74) is received in the recess of the spacer body and the first mating panel (72) is disposed on top of the upper body panel (42); inserting the anterior interbody spacer into the opening (see Fig. 5); and securing the anterior interbody spacer to the adjacent vertebrae (bone screws 30 driven through sockets 28 of the anterior plate into the adjacent vertebral bodies to fix the construct)).
Concerning claim 2, the first and second mating panels include a first set of first and second mating panels (see Fig. 1 below) and a second set of first and second mating panels (see Fig. 1 below) that are laterally spaced apart from the first set; and the first and second body panels include corresponding first and second sets of body panels defining first and second recesses for receiving the second mating panel of each respective set.
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Concerning claim 3, the anterior plate is sized and dimensioned to lie entirely within the disc space between two adjacent vertebral bodies and does not extend vertically to contact an anterior aspect of any vertebral body (see Fig. 6; element 10 is described as a zero-profile or low-profile standalone implant configured to reside within the intervertebral disc space without protruding anteriorly beyond the vertebral body endplates, thereby avoiding contact with the anterior vertebral body surface).
Concerning claim 6, wherein the upper and lower surfaces of the spacer body and an interior surface of the anterior plate form a chamber for receiving graft material (the interior volume defined between the upper and lower surfaces of spacer body and the posterior face of the anterior plate forms a graft window/chamber configured to receive bone graft material to promote fusion).
Concerning claim 7, further comprising a block screw (see Fig. 1, element 36) disposed to simultaneously block at least two fasteners(30) that are inserted through the plurality of sockets (see blocking screw 36 receivable within the anterior plate to simultaneously engage and retain at least two bone screws 30 within their respective sockets 28, preventing back-out).
Concerning claim 8, wherein the spacer body is formed of PEEK material (see par. 0011) and the anterior plate is formed of metallic material (see par. 0048).
Concerning claim 9, wherein the metallic material includes Titanium (see par. 0048)
Concerning claim 10, Bennett et al. discloses a method of stabilizing adjacent vertebrae comprising: forming an opening in an annulus fibrosus between the adjacent vertebrae; providing an anterior interbody spacer (see Fig. 1, element 10) including: a plate body (64) having a plurality of sockets (18), each configured for retaining a fastener (30) passable through the socket and into a vertebral body, the anterior plate further having first and second mating panels (72 and 74) extending posteriorly from the plate body, a lower surface of the second mating panel (74) extending in an upward slope in a posterior direction, and a spacer body (40) having upper and lower surfaces (42 and 44) sized and configured to be placed within an intervertebral space, the spacer body having upper and lower body panels (56, 46) defining a recess (54), an upper surface of the upper body extending in a downward slope (52) in an anterior direction, wherein the second mating panel (74) is received in the recess of the spacer body and the first mating panel (72) is disposed on top of the upper body panel such that an upper surface of the first mating panel and an upper surface of the spacer body together form an upper surface of the anterior interbody spacer which contacts an endplate of a vertebral body; inserting the anterior interbody spacer into the opening (see Fig. 6); and securing the anterior interbody spacer to the adjacent vertebrae.
Concerning claim 11, see claim 2 above.
Concerning claim 14, see claim 6 above.
Concerning claim 15, see claim 7 above.
Concerning claim 16, see claim 8 above.
Concerning claim 17, see claim 9 above.
Concerning claim 18, the anterior plate includes a tool engaging recess (see Fig. 1, near element 73) at a lateral end for grasping by a surgical instrument.
Allowable Subject Matter
Claims 4-5, and 12-13 are 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELLEN HAMMOND whose telephone number is (571)270-3819. The examiner can normally be reached Monday-Friday 8 - 4 PM .
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Eduardo C. Robert, 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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/ELLEN C HAMMOND/Primary Examiner, Art Unit 3773
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