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 Group II (assembly claims 6, 11, and 19-25) and Species B (Figs. 22, 25, 27, 28, and 30-31) in the reply filed on August 31, 2026 and in a telephonic interview is acknowledged.
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.
Claims 11 and 19-21 are 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.
Claims 11 and 19 are not clear because claim 11 requires a medical device. However, the dependent claim 6 is an assembly for circulating material in a medical device. It seems claim 6 and claim 11 are talking about the same medical device which is the screw. If claim 6 is an assembly for circulating material in a medical device, then the medical device is not part of the assembly. For examination purposes the medical device and its components are going to be taken as being functional limitations.
Claim 20 is unclear. Based on the figures and the written specification. The tulip seems to be more a part of the screw than the assembly that is helping to circulate material. Whether the tulip is present or not the adapter and pressure device are the parts that can circulate material in the screw. Therefore, claims 20 and 21 need to be geared towards functional limitations in order to make any sense.
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) 6, 11, and 19-25 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Russell (US 2018/0256232).
Claim 6, Russell discloses an assembly (Figs. 14-15)) for circulating material in a medical device (abstract), comprising an adapter (Fig. 7A), the adapter comprising: a shaft (302) having a proximal end (end that 348 points towards) and a distal end (end that 346 points towards), a cannula (Fig. 7D; 356) disposed through the center of the shaft between the proximal end and the distal end (Fig. 7D), a female aperture lock (Fig. 7D; inner bore of 340) formed on the proximal end for reversibly engaging a male taper on a pressure device (Fig. 7D), a male conical surface (Fig. 7A; 304; paragraph [0138]) formed on the distal end configured to reversibly engage a female conical surface on a medical device (Fig. 7A), and a thread (Fig. 7B; 354) disposed peripherally on the shaft between the female aperture lock and the male conical surface (Fig. 7B), the thread configured to reversibly engage a groove on an inner surface (Fig. 7B).
Claim 11, Russell the assembly of claim 6, wherein the medical device comprises a body having a proximal end and a distal end; the female conical surface formed on the proximal end configured to reversibly engage the male conical surface of the adapter; a cannula disposed through the center of the body between the proximal end and the distal end which reversibly engages the cannula of the adapter when assembled; and a scaffold for promoting osseointegration in the medical device (Fig. 7A; the adapter can engage with this type of medical device).
Claim 19, Russell discloses the assembly of claim 11, wherein the scaffold is configured to house one or more biologic agents (the adapter can engage with this type of medical device having this particular scaffold).
Claim 20, Russell discloses The assembly of claim 6, wherein the tulip comprises: a body having a top opening, a bottom opening, an inner surface, and an outer surface, wherein the bottom opening is configured to engage the proximal end of the medical device, and wherein the inner surface at the top opening comprises the groove to reversibly engage the threads of the adapter (Fig. 7B; a very tall tulip could engage the threads 354).
Claim 21, Russell discloses the assembly of claim 20, wherein the tulip further comprises a pair of side openings disposed on opposite sides of the body, the side openings being configured to reversibly engage a pin that locks the tulip with the medical device (Fig. 7B; the adapter 300 could engage this type of tulip similar to what is shown in Figs. 14-15).
Claim 22, Russell discloses the assembly of claim 6, further comprising a pressure device (Fig. 14; the syringe), comprising: a barrel (barrel of the syringe that can hold the material) having a distal end (end that connects to the adapter), a proximal end (where the plunger enters), and a lumen (opening in the barrel); a plunger (plunger in the barrel) disposed within the lumen (Fig. 14); and a male taper (distal tip of the syringe) formed on the distal end configured to reversibly engage the female aperture lock of the adapter (Figs. 7D and 14).
Claim 23, Russell discloses the assembly of claim 6, wherein the medical device focuses bone growth throughout a body to minimize shear stresses on a distal tip and minimize micro motion throughout the medical device due to bony ingrowth (Fig. 7A; the adapter can work with this type of medical device).
Claim 24, Russell discloses the assembly of claim 6, wherein the medical device is configured in arcuate cross-section patterns varied from a proximal end to a distal tip of the medical device for placement into an internal cavity of an anatomical feature such that, upon coaxial rotation of the medical device, an autograft is harvested within the medical device (Fig. 7A; the adapter can work with this type of medical device, in the same manner Applicant’s adapter works with their medical device).
Claim 25, Russell discloses the assembly of claim 6, wherein the medical device further comprises at least one autologous product sprayed on or injected through the medical device (Fig. 7A; the adapter can work with this type of medical device, in the same manner Applicant’s adapter works with their medical device).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Zade Coley whose telephone number is (571)270-1931. The examiner can normally be reached M-F (9-5) PT.
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, Kevin Truong can be reached at (571)272-4705. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Zade Coley/Primary Examiner, Art Unit 3775
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