DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
According to the Amendment filed on 7/25/26, Claims 1-2, 8, 10-11, 15-16, 18 are amended, claims 10-13, 15-17 are withdrawn.
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 20080154315 A1).
Jackson discloses a pivotal bone anchor assembly fig. 11 intended for securing a longitudinal connecting member 221, fig. 11 to a bone of a patient, the pivotal bone anchor assembly comprising: a receiver 210 comprising a lower portion defining an inner cavity fig. 13 and an upper pair of opposed arms 256 defining an open channel fig. 13 configured to receive the longitudinal connecting member, the inner cavity including an interior support surface adjacent a bottom opening fig. 13 and communicating with the open channel to define a central bore fig. 13, the central bore including a downward-facing abutment stop surface 269, fig. 13 above the interior support surface;
a shank 204 comprising an integral partially spherical shaped shank head 208 configured for uploading into the inner cavity through the bottom opening, and an anchor portion 206 opposite the shank head configured for attachment to the bone; the shank head 208 having a hemisphere plane at a maximum width with an outer spherical surface extending above and below the hemisphere plane fig. 13,
an insert 214 configured for uploading into the central bore of the receiver through the bottom opening (para. 52) and having an upward-facing surface engageable with the downward- facing abutment stop surface fig. 14, an insert channel configured to receive the longitudinal connecting member upon the longitudinal connecting member being received in the open channel, and a pair of alignment notches 290 spaced below the top surface with the insert channel therebetween; and an open ring retainer 212 having a slot fig.11, the open ring retainer being resiliently compressible expandable figs 13-14 and capable for uploading into the inner cavity through the bottom opening 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 an inner surface of the open ring retainer engaging the outer spherical surface of the shank head and a lower surface of the open ring retainer engaging the interior support surface of the inner cavity figs 13-14, wherein the lower portion is integrally formed with the receiver fig. 5, wherein the insert further comprises a pair of insert arms fig. 11 projecting upwardly from an insert base, wherein the pair of insert arms define the insert channel configured to receive the longitudinal connecting member, further comprising opposite wherein the pair of alignment notches 290 are formed into the pair of insert arms, respectively fig. 11, wherein the opposite pair of alignment notches are formed into outer side surfaces of the pair of insert arms, respectively fig. 11, wherein each of the pair of alignment notches 290 is configured to receive one of a pair of protrusions 260 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 14, further comprising the longitudinal connecting member 221 and a closure top 218, wherein the closure top is configured for positioning entirely within the open channel of the receiver above the longitudinal connecting member figs 14 and in engagement with a guide and advancement structure 252 formed into interior surfaces of the upright opposed arms 256 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 214 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.
Response to Arguments
Applicant’s arguments, with respect to the rejection(s) of claim(s) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of
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 SAMEH RAAFAT BOLES whose telephone number is (571)270-5537. The examiner can normally be reached 9-5 pm.
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/SAMEH R BOLES/Primary Examiner, Art Unit 3775
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