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 Objections
Claim(s) 45, and 50-59 is/are objected to because of the following informalities:
Claim 45, line 2 is missing a period following “hinge”.
Claim 50, line 7 is missing a period following “device”.
Appropriate correction is required.
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(s) 61 is/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.
Claim 61 recites the limitation "the upper surface" in line 2. There is insufficient antecedent basis for this limitation in the claim. It appears that the claim should instead recite “an upper surface” and for the purpose of compact prosecution, has been examined below under this assumption.
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.
(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) 44-46, 48-50, 53, 57-62 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Joly (U.S. Pub. No. 2017/0333205 A1, hereinafter “Joly”).
Joly discloses, regarding claim 44, a spinal implant device (2, see Figs. 21B-21D) comprising:
a body structure (see annotated Fig. 21C below) comprising a distal end (see annotated Fig. 21C below), a proximal end (see annotated Fig. 21C below), two opposing side walls extending between the distal end and the proximal end (see annotated Fig. 21C below), and an upper wall (see annotated Fig. 21C below);
a central cavity (see annotated Fig. 21C below); and
a movable lid (see annotated Fig. 21C below) configured to pivot relative to the body structure (see Figs. 21C and 21D);
wherein the upper wall forms an opening configured to accommodate the movable lid (see annotated Fig. 21C below).
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Regarding claim 45, wherein the moveable lid is supported at the distal end by a hinge (see Figs. 21C-21D).
Regarding claim 46, wherein the moveable lid is supported at the proximal end by a ledge (see annotated Fig. 21C above).
Regarding claim 48, wherein the movable lid comprises a plurality of crossbars (see annotated Fig. 21D below).
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Regarding claim 49, wherein the movable lid comprises a plurality of openings extending through the movable lid (see annotated Fig. 21D below).
Joly discloses, regarding claim 50, a spinal implant device (2, see Figs. 21B-21D) comprising:
a body structure (see annotated Fig. 21C above) comprising a distal end (see annotated Fig. 21C above), a proximal end (see annotated Fig. 21C above), two opposing side walls extending between the distal end and the proximal end (see annotated Fig. 21C above), an upper wall (see annotated Fig. 21C above), and a lower wall (see annotated Fig. 21C above);
a central cavity (see annotated Fig. 21C above); and
a movable lid (see annotated Fig. 21C above) configured to pivot relative to the body structure (see annotated Fig. 21C above);
wherein the movable lid comprises a plurality of crossbars (see annotated Fig. 21D above), wherein each crossbar of the movable lid extends perpendicular to a longitudinal axis of the spinal implant device (see Fig. 21D, note crossbars extend across e.g. perpendicular to a longitudinal axis extending between the distal and proximal end).
Regarding claim 53, wherein the movable lid comprises one or more openings formed by the crossbars (see annotated Fig. 21D above).
Regarding claim 57, wherein a portion of the movable lid is porous (see annotated Fig. 21D above).
Regarding claim 58, wherein a portion of the lower wall is porous (see annotated Fig. 21C above).
Regarding claim 59, wherein the movable lid and the upper wall are laterally adjacent when the movable lid is closed (see annotated Fig. 21D above).
Joly discloses, regarding claim 60, a spinal implant device (2, see Figs. 21B-21D) comprising:
a body structure (see annotated Fig. 21C above) comprising a distal end (see annotated Fig. 21C above), a proximal end (see annotated Fig. 21C above), two opposing side walls (see annotated Fig. 21C above) extending between the distal end and the proximal end (see annotated Fig. 21C above), an upper wall (see annotated Fig. 21C above), and a lower wall (see annotated Fig. 21C above); a central cavity (see annotated Fig. 21C above); and
a movable lid (see annotated Fig. 21C above) configured to pivot relative to the body structure (see Figs. 21B-21D),
wherein the movable lid and the lower wall comprise one or more openings configured to define a vertical flow path (see annotated Figs. 21C and 21D above).
Regarding claim 61, wherein the movable lid and the upper wall together form the upper surface of the spinal implant device (see Fig. 21D above, note that the movable lid rests on the upper wall and combined bears the load from the upper vertebrae e.g. forms an upper surface of the spinal implant device).
Regarding claim 62, wherein at least one opening is formed by crossbars of the movable lid (see annotated Fig. 21D above)
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 47, 51-52, 54, 55, 56, and 63 is/are rejected under 35 U.S.C. 103 as being unpatentable over Joly, as applied to claims 44, 50, 60 above, and in view of Miller et al. (U.S. Pub. No. 2019/0254838 A1, hereinafter “Miller”).
Joly discloses all of the features of the claimed invention, as previously set forth above. Joly further discloses, regarding claim 52, wherein each crossbar of the movable lid aligns with a ridge (see annotated Fig. 21D above); and that at least one of the movable lid or body structure comprises ridges (see annotated Fig. 21D above, and para. [0089]); however fails to explicitly discloses, regarding claim 47, wherein the body structure comprises a plurality of ridges; regarding claim 51, wherein the body structure comprises a plurality of ridges; regarding claim 54, wherein the lower wall comprises a plurality of crossbars; regarding claim 55, wherein each crossbar of the lower wall extends perpendicular to the longitudinal axis of the spinal implant device; regarding claim 56, wherein the lower wall comprises one or more openings formed by the crossbars of the lower wall; and regarding claim 63, wherein at least one opening is formed by crossbars of the lower wall.
Miller discloses a spinal implant device (10, see Figs. 1-2), with a movable lid (110) and body structure (120), wherein both the movable lid and body structure comprise aligned ridges / crossbars (111, 121, see Fig. 3) with pores (see para. [0075]) in order to engage the surface of the endplate of both adjacent vertebral body to prevent migration / expulsion (see para. [0075]).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the body structure in Joly to include aligned ridges / crossbars with pores in view of Miller in order to engage the surface of the endplate of both adjacent vertebral body to prevent migration / expulsion.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
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/M.C.G/ Examiner, Art Unit 3773 /JACQUELINE T JOHANAS/Primary Patent Examiner, Art Unit 3773
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