DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Election/Restrictions
Applicant’s election without traverse of group I, claims 1-9, and species C: figs 60-90 in the reply filed on 2/2/26 is acknowledged.
Claims 5, 10-17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group II and species, there being no allowable generic or linking claim.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of pre-AIA 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 –
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claim(s) 1-4, 6-9, 18-19 is/are rejected under pre-AIA 35 U.S.C. 102b as being anticipated by Jackson (US 20080234761 A1).
Jackson discloses a pivotal bone anchor assembly fig. 1 and 11 intended for securing a longitudinal connecting member 21, fig. 10 to a bone of a patient, the pivotal bone anchor assembly comprising: a receiver 10 comprising a lower portion defining an inner cavity 84, fig. 5 and an upper pair of opposed arms 62 defining an open channel 68 configured to receive the longitudinal connecting member, the inner cavity 84 including an interior seating surface adjacent a bottom opening 90 and an upper region communicating with the open channel to define a central bore 67 and 82, the central bore including a downward-facing abutment stop surface (see modified fig. 5 below) above the interior seating surface 84; a shank 4 comprising a partial spherical shank head 8 dimensioned for uploading into the inner cavity through the bottom opening of the lower portion of the receiver, and an anchor portion 6 opposite the shank head configured for attachment to the bone; an insert 14 configured for uploading into the central bore of the receiver through the bottom opening (para. 50) and having an upward-facing surface (see modified fig. 11 below) engageable with the downward- facing abutment stop surface fig. 10 and 14, an insert channel 116 configured to receive the longitudinal connecting member upon the longitudinal connecting member being received in the open channel, and a pair of alignment notches 126 with the insert channel therebetween; and an open ring retainer 12 having a slot 105, fig.3, the open ring retainer being resiliently expandable figs 5-6 and capable for uploading into the inner cavity through the bottom opening and for positioning in the inner cavity after the insert is uploaded into the receiver, wherein the open ring retainer is configured to capture the shank head uploaded through the bottom opening with the open ring retainer engaging the interior seating surface of the inner cavity figs 7-8, wherein the lower portion is integrally formed with the receiver fig. 5, wherein the insert further comprises a pair of insert arms 114 projecting upwardly from an insert base, wherein the pair of insert arms define the insert channel 116 configured to receive the longitudinal connecting member, further comprising opposite wherein the pair of alignment notches 126 are formed into the pair of insert arms, respectively fig. 1, wherein the opposite pair of alignment notches are formed into outer side surfaces of the pair of insert arms, respectively fig. 1, wherein each of the pair of alignment notches 126 is configured to receive one of a pair of protrusions 76, fig. 5 integrally formed with the receiver and extending inward into the central bore, so as to maintain an alignment of the insert with respect to the receiver figs 10 and 14, further comprising the longitudinal connecting member 21, 221 and a closure top 18, 218, wherein the closure top is configured for positioning entirely within the open channel of the receiver above the longitudinal connecting member figs 10, 14 and in engagement with a guide and advancement structure 72 formed into interior surfaces of the upright opposed arms 62 to apply a downward pressure to a top of the longitudinal connecting member, so as to secure the longitudinal connecting member to the bone of the patient, wherein the insert 14 is capable to be uploaded through the bottom opening with the insert channel malaligned with the open channel in the receiver and rotated within the central bore until the opposing protrusions are positioned within opposite alignment notches on the pair of insert arms, wherein the shank head is capable of being uploadable into the receiver after the open ring retainer is uploaded into the receiver.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMEH RAAFAT BOLES whose telephone number is (571)270-5537. The examiner can normally be reached 9-5 pm.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SAMEH R BOLES/Primary Examiner, Art Unit 3775