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 § 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)(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, 2, 5, 15-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Songer et al. (U.S. Publication No. 2013/0317503).
Songer et al. discloses system capable of use as a sacroiliac join stabilization system comprising: a fastener (200) comprising a threaded portion (204); and an implant (300) comprising: a body (304) comprising a body height (Figure 7) and an aperture extending along the body height (Figure 6, 7); a first wing (316); a second wing (316); a third wing (16); and a fourth wing (316); wherein: the first wing, the second wing, the third wing, and the fourth wing are arranged relative to each other to define an X shape (Figure 8); the threaded portion is configured to advance through the aperture and engage a sacrum and an ilium (As seen in figure 1, it can be construed that the threaded portion can engage a sacrum and ilium and the implant in placed over the threaded portion and allowing it to advance therethrough); the first wing and the second wing are configured to be embedded in the sacrum; and the third wing and the fourth wing are configured to be embedded in the ilium (such are considered functions that Songer is capable of performing).
Regarding claim 2, the first wing, the second wing, the third wing and the fourth wing extend radially from the body (Figure 7).
Regarding claim 5, the first wing comprises a first sharp edge; the second wing comprises a second sharp edge; the third wing comprises a third sharp edge; the fourth wing comprises a fourth sharp edge (Paragraph 52); the first sharp edge and the second sharp edge are configured to penetrate the sacrum; and the third sharp edge and the fourth sharp edge are configured to penetrate the ilium (functions considered capable of being performed by Songer.
Regarding claims 15-17, Songer et al. discloses these limitations since such limitations are all in claims 1, 2, 5. Regarding the functional limitations, Songer satisfies the structural limitations and the functions do not differentiate from the prior art and are considered capable of being performed by the device of Songer.
Allowable Subject Matter
Claims 8-14 allowed.
Claims 3, 4, 6, 7, 18-20 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.
The following is a statement of reasons for the indication of allowable subject matter: The prior art alone or in combination fails to disclose a sacroiliac joint system comprising a fastener with a threaded portion, and an implant having a body and an apertured extending therethrough. The body further including 4 wings spaced art to form an X shape, the wings equal to the height of the body. It is also not disclosed that the wings have first angled portions acute to a first portion.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW YANG whose telephone number is (571)272-3472. The examiner can normally be reached 9:00 - 9:00 M-F.
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/ANDREW YANG/ Primary Examiner, Art Unit 3775
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