Prosecution Insights
Last updated: October 02, 2026
Application No. 19/214,543

ARTICULATING EXPANDABLE INTERBODY FUSIONS DEVICES

Non-Final OA §103§DP
Filed
May 21, 2025
Priority
Jan 23, 2020 — continuation of 11/154,405 +1 more
Examiner
GREEN, MICHELLE CHRISTINE
Art Unit
Tech Center
Assignee
Globus Medical Inc.
OA Round
1 (Non-Final)
83%
Grant Probability
Favorable
1-2
OA Rounds
1y 3m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allowance Rate
733 granted / 881 resolved
+23.2% vs TC avg
Moderate +12% lift
Without
With
+11.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
29 currently pending
Career history
903
Total Applications
across all art units

Statute-Specific Performance

§101
1.8%
-38.2% vs TC avg
§103
43.2%
+3.2% vs TC avg
§102
26.1%
-13.9% vs TC avg
§112
16.4%
-23.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 881 resolved cases

Office Action

§103 §DP
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 . Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. Claim(s) 1-20 is/are rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 1-19 of U.S. Patent No. 12,324,745 B2 in view of Abdelgany (U.S. Pub. No. 2008/0125865 A1, hereinafter “Abdelgany”). The table below shows the application claims and the patent claims side by side for direct comparison, with the differences between the claims are highlighted below by bolding all the limitations that differ, italicizing additional limitations, and underlining limitations that will be addressed below. Application Claims: Patent Claims: 1. An expandable implant comprising: a cable defining a longitudinal axis; an upper body; a lower body; and a core body slidably disposed between the upper and lower bodies, and including a plurality of links each adapted to be arranged in series with each other inside an insertion device with a first one of the links disposed at a distal end and a last one of the links disposed at a proximal end, the cable being routed through each of the links in series such that when one end of the cable is pulled, one end of the first link moves proximally towards one end of the last link, the core body slidable relative to at least one of the upper and lower bodies to expand the upper body relative to the lower body, wherein each one of the plurality of links are coupled and able to articulate about a joint and configured to freely rotate about an axis of a one of a plurality of pins positioned between the connected plurality of links. 1. An expandable implant comprising: a cable defining a longitudinal axis; an upper body; a lower body; and a core body slidably disposed between the upper and lower bodies, and including a plurality of links each adapted to be arranged in series with each other inside an insertion device with a first one of the links disposed at a distal end and a last one of the links disposed at a proximal end, the cable being routed through each of the links in series such that when one end of the cable is pulled, one end of the first link moves proximally towards one end of the last link, the core body slidable relative to at least one of the upper and lower bodies to expand the upper body relative to the lower body, wherein the core body is slidable in a direction perpendicular to the longitudinal axis of the cable. 2. The expandable implant of claim 1, wherein the plurality of links are configured to articulate into a polygonal shape. 2. The expandable implant of claim 1, wherein the plurality of links are configured to articulate into a polygonal shape. 3. The expandable implant of claim 1, wherein the plurality of links includes five links configured to articulate into a pentagon. 3. The expandable implant of claim 1, wherein the plurality of links includes five links configured to articulate into a pentagon. 4. The expandable implant of claim 1, wherein each of the links includes a through hole through which the cable is routed. 4. The expandable implant of claim 1, wherein each of the links includes a through hole through which the cable is routed. 5. The expandable implant of claim 1, wherein: the upper body includes a plurality of pivotally connected segments; the lower body includes a plurality of pivotally connected segments, the core body positioned between and slidably coupled to at least one of the upper and lower bodies. 5. The expandable implant of claim 1, wherein: the upper body includes a plurality of pivotally connected segments; the lower body includes a plurality of pivotally connected segments, the core body positioned between and slidably coupled to at least one of the upper and lower bodies. 6. The expandable implant of claim 5, wherein the upper body includes one or more ramped surfaces, the lower body includes one or more ramped surfaces, and the core body includes one or more ramped surfaces, wherein translation of the core body causes the ramped surfaces of the core body to slide against the ramped surfaces of the upper and lower bodies, thereby resulting in vertical expansion of the expandable implant. 6. The expandable implant of claim 5, wherein the upper body includes one or more ramped surfaces, the lower body includes one or more ramped surfaces, and the core body includes one or more ramped surfaces, wherein translation of the core body causes the ramped surfaces of the core body to slide against the ramped surfaces of the upper and lower bodies, thereby resulting in vertical expansion of the expandable implant. 7. The expandable implant of claim 6, wherein the ramped surfaces of the upper and lower bodies, respectively, define male ramps, and the ramped surfaces of the core body define female ramps. 7. The expandable implant of claim 6, wherein the ramped surfaces of the upper and lower bodies, respectively, define male ramps, and the ramped surfaces of the core body define female ramps. 8. The expandable implant of claim 7, wherein the male ramps of the upper and lower bodies mate with the female ramps of the core body with dovetail slide ramps. 8. The expandable implant of claim 7, wherein the male ramps of the upper and lower bodies mate with the female ramps of the core body with dovetail slide ramps. 9. The expandable implant of claim 6, wherein the upper body mates with the core body at a single ramp, and the lower body mates with the core body at two ramps. 9. The expandable implant of claim 6, wherein the upper body mates with the core body at a single ramp, and the lower body mates with the core body at two ramps. 10. The expandable implant of claim 6, wherein each of the upper bodies includes first and second upper retaining rings, and each of the lower bodies includes first and second lower retaining rings, wherein the second upper retaining ring of the first segment connects to the first upper retaining ring of the second segment with a first pivot pin, the second lower retaining ring of the first segment connects to the first lower retaining ring of the second segment with a second pivot pin, the second upper retaining ring of the second segment connects to the first upper retaining ring of the third segment with a third pivot pin, and the second lower retaining ring of the second segment connects to the first lower retaining ring of the third segment with a fourth pivot pin. 10. The expandable implant of claim 6, wherein each of the upper bodies includes first and second upper retaining rings, and each of the lower bodies includes first and second lower retaining rings, wherein the second upper retaining ring of the first segment connects to the first upper retaining ring of the second segment with a first pivot pin, the second lower retaining ring of the first segment connects to the first lower retaining ring of the second segment with a second pivot pin, the second upper retaining ring of the second segment connects to the first upper retaining ring of the third segment with a third pivot pin, and the second lower retaining ring of the second segment connects to the first lower retaining ring of the third segment with a fourth pivot pin. 11. An implantable device comprising: a cable defining a longitudinal axis; an upper body adapted to be in contact with a lower surface of a vertebral body; a lower body adapted to be in contact with an upper surface of another vertebral body; a core body slidably interposed between the upper and lower bodies, the core body including a plurality of links each adapted to be arranged in series with each other inside an insertion device with a first one of the links disposed at a distal end and a last one of the links disposed at a proximal end, the cable being routed through each of the links in series such that when one end of the cable is pulled, one end of the first link moves proximally towards one end of the last link and expand the upper body relative to the lower body, wherein each one of the plurality of links are coupled and able to articulate about a joint and configured to freely rotate about an axis of a one of a plurality of pins positioned between the connected plurality of links. 11. An implantable device comprising: a cable defining a longitudinal axis; an upper body adapted to be in contact with a lower surface of a vertebral body; a lower body adapted to be in contact with an upper surface of another vertebral body; a core body slidably interposed between the upper and lower bodies, the core body including a plurality of links each adapted to be arranged in series with each other inside an insertion device with a first one of the links disposed at a distal end and a last one of the links disposed at a proximal end, the cable being routed through each of the links in series such that when one end of the cable is pulled, one end of the first link moves proximally towards one end of the last link and expand the upper body relative to the lower body by sliding the core body relative to the upper body to the lower body in a direction perpendicular to the longitudinal axis. 12. The implantable device of claim 11, wherein: the upper body includes a plurality of pivotally connected segments coupled to the corresponding ones of the core body links, the lower body includes a plurality of pivotally connected segments coupled to the corresponding ones of the core body links. 12. The implantable device of claim 11, wherein: the upper body includes a plurality of pivotally connected segments coupled to the corresponding ones of the core body links, the lower body includes a plurality of pivotally connected segments coupled to the corresponding ones of the core body links. 13. The expandable implant of claim 12, wherein the plurality of links and the corresponding segments of the upper and lower bodies are configured to articulate into a polygonal shape. 13. The expandable implant of claim 12, wherein the plurality of links and the corresponding segments of the upper and lower bodies are configured to articulate into a polygonal shape. 14. The expandable implant of claim 13, wherein the plurality of links includes five links configured to articulate into a pentagon. 14. The expandable implant of claim 13, wherein the plurality of links includes five links configured to articulate into a pentagon. 15. The expandable implant of claim 11, wherein each of the links includes a through hole through which the cable is routed. 18. The expandable implant of claim 11, wherein each of the links includes a through hole through which the cable is routed. 16. The expandable implant of claim 12, wherein the core body is slidably coupled to the upper and lower bodies. 15. The expandable implant of claim 12, wherein the core body is slidably coupled to the upper and lower bodies. 17. The expandable implant of claim 11, wherein: the upper body includes a plurality of pivotally connected segments coupled to the corresponding ones of the core body links; the lower body includes a plurality of pivotally connected segments coupled to the corresponding ones of the core body links; and the core body is slidably coupled to the upper and lower bodies. 19. The expandable implant of claim 11, wherein: the upper body includes a plurality of pivotally connected segments coupled to the corresponding ones of the core body links; the lower body includes a plurality of pivotally connected segments coupled to the corresponding ones of the core body links; and the core body is slidably coupled to the upper and lower bodies. 18. The expandable implant of claim 17, wherein each of the core body links is slidably coupled to a corresponding one of the upper body segments. 20. The expandable implant of claim 19, wherein each of the core body links is slidably coupled to a corresponding one of the upper body segments. 19. The expandable implant of claim 12, wherein the upper body includes a plurality of ramped surfaces and the core body includes one or more ramped surfaces, wherein translation of the core body causes the ramped surfaces of the core body to slide against the ramped surfaces of the upper body, thereby causing vertical expansion of the expandable implant. 16. The expandable implant of claim 12, wherein the upper body includes a plurality of ramped surfaces and the core body includes one or more ramped surfaces, wherein translation of the core body causes the ramped surfaces of the core body to slide against the ramped surfaces of the upper body, thereby causing vertical expansion of the expandable implant. 20. The expandable implant of claim 12, wherein the lower body includes a plurality of ramped surfaces and the core body includes ramped surfaces, wherein translation of the core body causes the ramped surfaces of the core body to slide against the ramped surfaces of the lower body, thereby causing vertical expansion of the expandable implant. 17. The expandable implant of claim 12, wherein the lower body includes a plurality of ramped surfaces and the core body includes ramped surfaces, wherein translation of the core body causes the ramped surfaces of the core body to slide against the ramped surfaces of the lower body, thereby causing vertical expansion of the expandable implant. As is evident from the table above, Patent claims 1 and 11 disclose all of the features of the claimed invention, as previously set forth above, except, regarding application claims 1 and 11, wherein each one of the plurality of links are coupled and able to articulate about a joint and configured to freely rotate about an axis of a one of a plurality of pins positioned between the connected plurality of links. Abdelgany discloses an implant (101, see Fig. 2) including a plurality of links (6, 8, 9) coupled and able to articulate about a joint (7) and configured to freely rotate about an axis of a one of a plurality of pins (e.g. long axis of 7) positioned between the connected plurality of links (see Fig. 2, see para. [0037]) in order to securely and removably connect the separate links and enable the links to articulate from a generally straight position to a generally curved position (see paras. [0037]-[0038] and [0049]). It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the plurality of links in the Patent claims to be coupled and able to articulate about a joint and configured to freely rotate about an axis of a one of a plurality of pins positioned between the connected plurality of links in view of Abdelgany in order to securely and removably connect the separate links and enable the links to articulate from a generally straight position to a generally curved position. 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) 1, 4-6, 11-12, 15-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (U.S. Pub. No. 2014/0277481 A1, hereinafter “Lee”) and in view of Abdelgany (U.S. Pub. No. 2008/0125865 A1, hereinafter “Abdelgany”). Lee discloses, regarding claim 1, an expandable implant (10, see Fig. 1) comprising: a cable (74) defining a longitudinal axis (e.g. long axis of 74); an upper body (14); a lower body (12); and a core body (16) slidably disposed between the upper and lower bodies (see para. [0072] and Figs. 8-11), and including a plurality of links (34) each adapted to be arranged in series with each other inside an insertion device (18) with a first one of the links disposed at a distal end (e.g. link near 56) and a last one of the links disposed at a proximal end (e.g. link near 98), the cable being routed through each of the links (see Fig. 14) in series such that when one end of the cable is pulled (see Figs. 12 and 14), one end of the first link moves proximally towards one end of the last link (see Figs. 12 and 14, see paras. [0082]-[0083]), the core body slidable relative to at least one of the upper and lower bodies to expand the upper body relative to the lower body (see Figs. 8-11). Regarding claim 4, wherein each of the links includes a through hole through which the cable is routed (see Fig. 14, see para. [0083]). Regarding claim 5, wherein: the upper body includes a plurality of pivotally connected segments (see annotated Fig. 1 below); the lower body includes a plurality of pivotally connected segments (see annotated Fig. 1 below), the core body positioned between and slidably coupled to at least one of the upper and lower bodies (via engagement between 48 and 50 with 42 and 46, see paras. [0076]-[0077]). PNG media_image1.png 391 330 media_image1.png Greyscale Regarding claim 6, wherein the upper body includes one or more ramped surfaces (see annotated Fig. 10 below), the lower body includes one or more ramped surfaces (see annotated Fig. 10 below), and the core body includes one or more ramped surfaces (see annotated Fig. 10 below), wherein translation of the core body causes the ramped surfaces of the core body to slide against the ramped surfaces of the upper and lower bodies, thereby resulting in vertical expansion of the expandable implant (see Figs. 10-11). PNG media_image2.png 351 322 media_image2.png Greyscale Lee discloses, regarding claim 11, an implantable device (10, see Fig. 1) comprising: a cable (74) defining a longitudinal axis (e.g. long axis of 74); an upper body (14) adapted to be in contact with a lower surface of a vertebral body (see Fig. 1); a lower body (12) adapted to be in contact with an upper surface of another vertebral body (see Fig. 1); a core (16) body slidably interposed between the upper and lower bodies (see para. [0072]), the core body including a plurality of links (34) each adapted to be arranged in series with each other inside an insertion device (18) with a first one of the links disposed at a distal end (e.g. link near 56) and a last one of the links disposed at a proximal end (e.g. link near 98), the cable being routed through each of the links (see Fig. 14) in series such that when one end of the cable is pulled (see Figs. 12 and 14), one end of the first link moves proximally towards one end of the last link and expand the upper body relative to the lower body (see Figs. 12 and 14, see paras. [0082]-[0083]). Regarding claim 12, wherein: the upper body includes a plurality of pivotally connected segments (see annotated Fig. 1 above) coupled to the corresponding ones of the core body links (via engagement between 48 and 50 with 42 and 46, see paras. [0076]-[0077]), the lower body includes a plurality of pivotally connected segments (see annotated Fig. 1 above) coupled to the corresponding ones of the core body links (via engagement between 48 and 50 with 42 and 46, see paras. [0076]-[0077]). Regarding claim 15, wherein each of the links includes a through hole through which the cable is routed (see Fig. 14, see para. [0083]). Regarding claim 16, wherein the core body is slidably coupled to the upper and lower bodies (via engagement between 48 and 50 with 42 and 46, see paras. [0076]-[0077]). Regarding claim 17, wherein: the upper body includes a plurality of pivotally connected segments (see annotated Fig. 1 above) coupled to the corresponding ones of the core body links (see Fig. 1); the lower body includes a plurality of pivotally connected segments (see annotated Fig. 1 above) coupled to the corresponding ones of the core body links (see Fig. 1); and the core body is slidably coupled to the upper and lower bodies (via engagement between 48 and 50 with 42 and 46, see paras. [0076]-[0077]). Regarding claim 18, wherein each of the core body links is slidably coupled to a corresponding one of the upper body segments (via engagement between 48 and 50 with 42 and 46, see paras. [0076]-[0077]). Regarding claim 19, wherein the upper body includes a plurality of ramped surfaces and the core body includes one or more ramped surfaces (see annotated Fig. 10 above), wherein translation of the core body causes the ramped surfaces of the core body to slide against the ramped surfaces of the upper body (see annotated Fig. 10 above), thereby causing vertical expansion of the expandable implant (see Figs. 10-11). Regarding claim 20, wherein the lower body includes a plurality of ramped surfaces and the core body includes ramped surfaces (see annotated Fig. 10 above), wherein translation of the core body causes the ramped surfaces of the core body to slide against the ramped surfaces of the lower body (see annotated Fig. 10 above), thereby causing vertical expansion of the expandable implant (see Figs. 10-11). Levy fails to disclose, regarding claim 1, wherein each one of the plurality of links are coupled and able to articulate about a joint and configured to freely rotate about an axis of a one of a plurality of pins positioned between the connected plurality of links; regarding claim 11, wherein each one of the plurality of links are coupled and able to articulate about a joint and configured to freely rotate about an axis of a one of a plurality of pins positioned between the connected plurality of links. Abdelgany discloses an implant (101, see Fig. 2) including a plurality of links (6, 8, 9) coupled and able to articulate about a joint (7) and configured to freely rotate about an axis of a one of a plurality of pins (e.g. long axis of 7) positioned between the connected plurality of links (see Fig. 2, see para. [0037]) in order to securely and removably connect the separate links and enable the links to articulate from a generally straight position to a generally curved position (see paras. [0037]-[0038] and [0049]). It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the plurality of links in the Patent claims to be coupled and able to articulate about a joint and configured to freely rotate about an axis of a one of a plurality of pins positioned between the connected plurality of links in view of Abdelgany in order to securely and removably connect the separate links and enable the links to articulate from a generally straight position to a generally curved position. Claim(s) 2-3, 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee, as applied to claims 1 and 11 above, and in view of Galea (U.S. Pub. No. 2006/0041258 A1, hereinafter “Galea”). Lee discloses all of the features of the claimed invention, as previously set forth above, except regarding claim 2, wherein the plurality of links are configured to articulate into a polygonal shape; regarding claim 3, wherein the plurality of links includes five links configured to articulate into a pentagon; regarding claim 13, wherein the plurality of links and the corresponding segments of the upper and lower bodies are configured to articulate into a polygonal shape; and regarding claim 14, wherein the plurality of links includes five links configured to articulate into a pentagon. Galea discloses an expandable intervertebral device (100, see Fig. 2B), wherein the plurality of links (10, 20), wherein the number of links is five links and results in the geometric configuration of a pentagon of the device (see Fig. 2B, see para. [0051]) in order to provide a deployed expandable implant in a suitable shape for the intended region of the patient’s body where the system is to be installed and provide support (see para. [0051]). It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the expandable device in Lee to include five links and result in the geometric configuration of a pentagon in order to provide a deployed expandable implant in a suitable shape for the intended region of the patient’s body where the system is to be installed and provide support. Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee, as applied to claim 1 above. Lee discloses all of the features of the claimed invention, as previously set forth above, except regarding claim 7, wherein the ramped surfaces of the upper and lower bodies, respectively, define male ramps, and the ramped surfaces of the core body define female ramps. Lee discloses the claimed invention except for the core body defines male ramps and the ramped surface of the upper and lower bodies comprise female ramps (see Figs. 8-9). It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the core body in Lee to define female ramps and to modify the upper and lower bodies in Lee to define male ramps, since it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art. In re Einstein, 8 USPQ 167. Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee, as applied to claims 1 and 7 above, and in view of Siegal et al. (U.S. Pub. No. 2015/0073421 A1, hereinafter “Siegal”). Lee discloses all of the features of the claimed invention, as previously set forth above, except regarding claim 8, wherein the male ramps of the upper and lower bodies mate with the female ramps of the core body with dovetail slide ramps. Siegal discloses an implant (see Fig. 18b) with an upper body (102b), lower body (102a) and core body (400), wherein the upper and lower bodies mate with the core body with dovetail slides (402, 108sa-108sb) in order to hold the upper, lower and core bodies together to each other while sliding (see paras. [0079] and [0087]). It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the upper and lower and core body ramps in Lee to mate with a dovetail slide in view of Siegal in order to hold the upper, lower and core bodies together to each other while sliding. Allowable Subject Matter Claim(s) 9 would be allowable if a terminal disclaimer was filed to overcome the rejection(s) under Nonstatutory Double Patenting, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter: 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: An expandable implant comprising: a cable; an upper body; a lower body; and a core body slidably disposed between the upper and lower bodies, and including a plurality of links; wherein each one of the plurality of links are coupled and able to articulate about a joint and configured to freely rotate about an axis of a one of a plurality of pins positioned between the connected plurality of links; and as per claim 9, wherein the upper body mates with the core body at a single ramp, and the lower body mates with the core body at two ramps; and as per claim 10, wherein each of the upper bodies includes first and second upper retaining rings, and each of the lower bodies includes first and second lower retaining rings, wherein the second upper retaining ring of the first segment connects to the first upper retaining ring of the second segment with a first pivot pin, the second lower retaining ring of the first segment connects to the first lower retaining ring of the second segment with a second pivot pin, the second upper retaining ring of the second segment connects to the first upper retaining ring of the third segment with a third pivot pin, and the second lower retaining ring of the second segment connects to the first lower retaining ring of the third segment with a fourth pivot pin. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michelle C. Green whose telephone number is (571)270-7051. The examiner can normally be reached on Monday-Friday between 9am-5pm. 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, please contact the examiner’s supervisor, Eduardo C. Robert, at (571) 272-4719. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /M.C.G/ Examiner, Art Unit 3773 /JACQUELINE T JOHANAS/Primary Patent Examiner, Art Unit 3773
Read full office action

Prosecution Timeline

May 21, 2025
Application Filed
Sep 21, 2026
Non-Final Rejection mailed — §103, §DP (current)

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Prosecution Projections

1-2
Expected OA Rounds
83%
Grant Probability
95%
With Interview (+11.8%)
2y 7m (~1y 3m remaining)
Median Time to Grant
Low
PTA Risk
Based on 881 resolved cases by this examiner. Grant probability derived from career allowance rate.

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