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 .
Response to Amendment
According to the amendment filed July 7, 2026, claims 1, 9, 14 and 17 have been amended. Claims 1-14 and 16-20 are currently pending in this application.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-14 and 16-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 14 and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wenzel (WO 2020/254243 A1). Note that the following parenthetical citations from Wenzel are taken from the English translation attached with this action.
Regarding claim 14, Wenzel teaches a bone securing system (shown in Figs. 3-6; para. 0123) comprising:
a shank (screw having shaft 5 and head 4; Figs. 1, 5; para. 0104, 0123) designed to be secured to bone, the shank comprising a shank head (4; Fig. 3) and an extension (5; Fig. 1) extending from the shank head, the shank head comprising an engaging surface (defined by bearing surfaces 19 on support tabs 18; Figs. 3, 5; para. 0125) that faces away from the extension, the engaging surface of the shank head being on a proximal most end of the shank head opposite the extension (as shown, engaging surfaces 19 of shank head 4 on a proximal-most end; Figs. 3, 5); and
a head assembly (including receiving sleeve 2 and insertion sleeve 8; Figs. 2, 4-5) designed to secure the shank head to a rod (a rod being received in semi-cylindrical opening of insertion sleeve 8 so as to be positioned in U-shaped slots 14 of receiving sleeve 2; Figs. 1-2, 4; para. 0116-0117), the head assembly comprising an engaging surface (defined within slots 20; Fig. 4; para. 0128) that is shaped and positioned to engage the engaging surface of the shank head (as shown in Fig. 5, described in para. 0134-0135) to limit pivotal movement of the shank to a movement pattern relative to the engaging surface of the head assembly, but to allow some pivotal movement of the shank relative to the engaging surface of the head assembly (for restricting to uniplanar movement, about pivot axis S identified in Fig. 5; para. 0133-0135), the engaging surface of the head assembly facing toward the engaging surface of the shank head (see Fig. 5, where head assembly engaging surface 20 of insertion sleeve 8 identified in Fig. 4 faces shank head engaging surface 19), and the movement pattern being a uniaxial movement pattern (uniplanar/uniaxial movement pattern described above, about pivot axis S; Fig. 5; para. 0133-0135).
Regarding claim 16, Wenzel discloses the bone securing system of claim 14, wherein the engaging surface of the head assembly forms a shape that is at least a portion of a circular shape (where the engaging surface of the head assembly is defined by recessed slots 20, identified in Fig. 4, correspond to and engage the cylindrical engaging surfaces 19 of the shank head, identified in Figs. 3 and 5, the head assembly engaging surface is understood to have a shape that is also cylindrical, i.e. a portion of a circular shape; see para. 0127-0133).
Claims 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jackson (US 2014/0121703 A1).
Regarding claim 17, Jackson teaches a method comprising:
selecting a selected head clamp from multiple different available head clamps, the different available head clamps being designed to produce different pivotal movement patterns between head assemblies in which the head clamps are secured and shanks that are secured to the head assemblies using the head clamps, the selected head clamp being designed to produce a selected pivotal movement pattern (where head clamps are defined by inserts, a practitioner selects insert 14 in Fig. 1 for polyaxial movement between head assembly defined by receiver 10 and pressure insert 14 and shank 4, from multiple available disclosed inserts which include at least insert 14, insert 214 in Fig. 37 for polyaxial movement, and insert 1014 in Figs. 58-59 for uniplanar/uniaxial movement; para. 0104, 0142, 0158);
securing a head assembly (receiver 10 and insert 14; Fig. 1; para. 0104) on a shank head (8; Fig. 1) of a shank (4; Fig. 1) in a motion limiting configuration (as shown through Figs. 19-33; para. 0032-0046, 0130-0135), the shank being designed to be secured in bone (see para. 0105), the head assembly comprising the selected head clamp (14; Fig. 33) positioned at least partially in an assembly head (10, as shown in Fig. 33) in the motion limiting configuration (shown in Figs. 27-29; see para. 0041-0042, 0134), the head assembly being configured to secure the shank to a rod (21; Fig. 33; para. 0135), the securing of the head assembly comprising receiving at least a portion of the shank head in the selected head clamp (see Figs. 27-29), and the selected head clamp comprising an engaging surface that is shaped and positioned to engage an engaging surface of the shank head to limit pivotal movement of the shank relative to the selected head clamp to the selected pivotal movement pattern while in the motion limiting configuration (collet surfaces 188, 190 define engaging surfaces of head clamp insert 14, identified in at least Figs. 1 and 18, shaped and positioned to engage engaging surface 36 of shank 4 to limit movement of shank 4 relative to head clamp 14 in the motion limiting configuration as shown in Figs. 27-29; para. 0134), the shank comprising an extension (6; Figs. 1-2) extending from the shank head (8; Figs. 1-2), and the engaging surface of the shank head being on a proximal most end of the shank head opposite the extension (engaging surface 36 of shank 4 is defined on a proximal-most end of shank head 8 opposite extension 6, i.e. above the dotted line 40; Fig. 2; para. 0108); and
pivoting the head assembly and the shank relative to each other within the selected pivotal movement pattern while the selected head clamp and the shank are in the motion limiting configuration, the pivoting comprising pivoting at least a portion of the engaging surface of the shank head away from at least a portion of the engaging surface of the selected head clamp while the at least a portion of the engaging surface of the shank head and the at least a portion of the engaging surface of the head clamp face toward each other (as shown in Figs. 27-29, described in para. 0040-0042 and 0134).
Regarding claim 18, Jackson teaches the method of claim 17, further comprising locking the shank relative to the head assembly in a locked configuration that inhibits pivoting of the shank and the head assembly relative to each other (as shown in Figs. 30-35, described in para. 0048 and para. 0119, the locking achieved via closure 18 as described in para. 0128).
Regarding claim 19, Jackson teaches the method of claim 17, wherein the securing comprises mounting the head assembly on the shank head with the head assembly in an open position wherein the shank head is moveable into and out of the selected head clamp (shown in Figs. 23-26, where head assembly 10/14 is mounted on shank head 8 in an open position so that shank head 8 is movable in and out of selected head clamp 14; para. 0132-0133), and moving the head assembly to a closed position in which the head assembly inhibits movement of the shank head out of the selected head clamp, wherein the motion limiting configuration comprises the head assembly being in the closed position (as shown in Figs. 27-29, described in para. 0134).
Regarding claim 20, Jackson teaches the method of claim 17, further comprising securing the shank to a bone, wherein the pivoting is performed while the shank is secured to the bone (shank 4 is secured to a vertebra 17, as shown in phantom in Fig. 23, prior to pivoting the shank relative to the head assembly 10/14 as shown in Figs. 27-29; para. 0104, 0109, 0134).
Allowable Subject Matter
Claims 1-13 are allowed. The following is an examiner’s statement of reasons for allowance:
The claims in the instant application have not been rejected using prior art because no references, or reasonable combination thereof, could be found which disclose, or suggest, the claimed combination of limitations recited in independent claim 1. In particular, none of the cited references teach or suggest a bone securing system comprising a head assembly comprising a head clamp having the claimed structure with a head engaging surface shaped and positioned to engage an engaging surface of a shank head to limit movement of the shank relative to the head clamp to a movement pattern and, more particularly, the engaging surface of the head clamp being a surface of a partial ring extending inwardly from a portion of a main body of the head clamp, as required by claim 1.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eduardo Robert can be reached 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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/ANNA V. LITTLE/Examiner, Art Unit 3773
/JAN CHRISTOPHER L MERENE/Primary Examiner, Art Unit 3773
