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 .
Drawings
The drawings are objected to because it is difficult to see the details of the figures and the reference characters are unclear due to the blurry lines and shading (Figs. 1-9D). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 113 (Fig. 2). Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the first set of ramps (claim 1), the second set of ramps (claim 1), the lateral drive frame ramps (claim 8), and the lateral drive housing ramps (claim 8) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Note that it is possible that these features are present in the drawings but are difficult to see due to the issues set forth above and also due to not being assigned a reference character corresponding to the description of the figures as recited in the specification.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 6 is objected to because of the following informalities: the Examiner believes that the words “at the” should be deleted from “away from each other at the at a second expansion rate” (line 4 of the paragraph beginning with “a drive means”). Appropriate correction is required.
Claim 9 is objected to because of the following informalities: the Examiner believes that the word “couple” should be “coupled” (line 1 of the paragraph beginning with “a drive means”). Appropriate correction is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Valkoun et al. (US 2022/0395381 A1).
Claim 1. Valkoun discloses an expandable spacer with lordosis for placement between adjacent vertebrae comprising:
upper and lower anterior endplates (upper endplate 102A and lower endplate 104A) having a first set of ramps (ramped features 132);
an anterior vertical expansion wedge (vertical expansion shuttles 116A) having steep ramps (shuttle ramps 136) configured to engage the first set of ramps (see para. 0032) to vertically expand the upper and lower anterior endplates at a first expansion rate (see para. 0023 and Fig. 3);
upper and lower posterior endplates (upper endplate 102B and lower endplate 104B) having a second set of ramps (ramped features 132); and
a posterior vertical expansion wedge (vertical expansion shuttles 116B) having shallow ramps (shuttle ramps 136) configured to engage the second set of ramps (see para. 0032) configured to vertically expand the upper and lower posterior endplates at a second expansion rate (see para. 0023 and Fig. 3);
wherein the first expansion rate is not the same as the second expansion rate (see Fig. 3, which shows that upper endplate 102A and lower endplate 104A expand at a greater rate than upper endplate 102B and lower endplate 104B), the unequal expansion creates lordosis for the expandable spacer (see para. 0023) (Figs. 1-8B; paras. 0021-0050).
Claim 2. Valkoun discloses a drive means (screw 112, housing 110, and frame 108) coupled to the anterior and posterior expansion wedges (Figs. 1-8B; paras. 0021-0050).
Claim 3. Valkoun discloses wherein the drive means includes a drive housing (housing 110) and a drive frame (frame 108) rotatably coupled to a drive screw (screw 112) configured to translate the drive housing and drive frame toward each other (see para. 0036) (Figs. 1-8B; paras. 0021-0050).
Claim 4. Valkoun discloses anterior (expansion wedge 106A) and posterior (expansion wedge 106B) lateral expansion wedges coupled to the drive housing and drive frame, wherein actuation of the drive screw translates the drive housing toward the drive frame and laterally expand the anterior and posterior lateral expansion wedges away from each other (see para. 0036) (Figs. 1-8B; paras. 0021-0050).
Claim 5. Valkoun discloses wherein the anterior and posterior vertical expansion wedges are positioned within anterior and posterior lateral expansion wedge slots (openings 134) (see Fig. 5) (Figs. 1-8B; paras. 0021-0050).
Claim 6. Valkoun discloses an expandable spacer with lordosis for placement between adjacent vertebrae comprising:
anterior (upper endplate 102A and lower endplate 104A) and posterior (upper endplate 102B and lower endplate 104B) endplates having anterior and posterior vertical endplate ramps (ramped features 132);
an anterior vertical expansion wedge (vertical expansion shuttles 116A) with anterior vertical expansion wedge ramps (shuttle ramps 136) configured to engage the anterior vertical endplate ramps (see para. 0032);
a posterior vertical expansion wedge (vertical expansion shuttles 116B) having posterior vertical expansion wedge ramps (shuttle ramps 136) configured to engage the posterior vertical endplate ramps (see para. 0032); and
a drive means (screw 112, housing 110, and frame 108) coupled to the anterior and posterior expansion wedges, wherein actuation of the drive means is configured to translate anterior and posterior vertical expansion wedges (see paras. 0036-0037) and vertically expand the anterior endplates away from each other at a first expansion rate (see para. 0023 and Fig. 3), and vertically expand the posterior endplates away from each other at the at a second expansion rate (see para. 0023 and Fig. 3),
wherein the difference between the first and second expansion rates create lordosis for the expandable spacer (see para. 0023) (Figs. 1-8B; paras. 0021-0050).
Claim 7. Valkoun discloses wherein the drive means includes a drive housing (housing 110) coupled to the anterior and posterior vertical expansion wedges, a drive frame (frame 108), and a drive screw (screw 112), the drive screw having a distal end rotatably coupled to the drive housing and a proximal end rotatably coupled to the drive frame (see para. 0034), where actuation of the drive screw translates the drive housing toward the drive frame (see para. 0036) (Figs. 1-8B; paras. 0021-0050).
Claim 8. Valkoun discloses anterior (expansion wedge 106A) and posterior (expansion wedge 106B) lateral expansion wedges having lateral expansion wedge ramps (see “angled ramp ends” in para. 0036) configured to engage lateral drive frame ramps and lateral drive housing ramps (see “angled ramps 126, 128 on the frame 108 and housing 110” in para. 0036)), wherein rotation of the drive screw translates the drive frame toward the drive housing and laterally translating the anterior and posterior lateral expansion wedges away from each other (see para. 0036) (Figs. 1-8B; paras. 0021-0050).
Claim 9. Valkoun discloses an expandable spacer with lordosis for placement between adjacent vertebrae comprising:
upper and lower anterior endplates (upper endplate 102A and lower endplate 104A) having anterior endplate ramps (ramped features 132);
an anterior expansion wedge (vertical expansion shuttles 116A) having anterior expansion wedge ramps (shuttle ramps 136) configured to engage the upper and lower anterior endplate ramps (see para. 0032) to vertically expand upper and lower anterior endplates (see para. 0023 and Fig. 3);
upper and lower posterior endplates (upper endplate 102B and lower endplate 104B) having posterior endplate ramps (ramped features 132);
a posterior expansion wedge (vertical expansion shuttles 116B) having posterior expansion wedge ramps (shuttle ramps 136) configured to engage the upper and lower posterior endplate ramps (see para. 0032) to vertically expand the upper and lower posterior endplates (see para. 0023 and Fig. 3); and
a drive means (screw 112, housing 110, and frame 108) couple to the anterior and posterior expansion wedges, wherein activation of the drive means is configured to vertically expand the upper and lower anterior endplates away from each other at a first expansion rate and vertically expand the upper and lower posterior endplates away from each other at a second expansion rate (see paras. 0023 and 0036-0037; see Fig. 3), the difference between the first expansion rate and the second expansion rate creates lordosis for the expandable spacer (see para. 0023) (Figs. 1-8B; paras. 0021-0050).
Claim 10. Valkoun discloses anterior (expansion wedge 106A) and posterior (expansion wedge 106B) lateral expansion wedges coupled to the drive means, wherein activation of the drive means is configured to laterally expand the anterior and posterior lateral expansion wedges away from each other (see para. 0036) (Figs. 1-8B; paras. 0021-0050).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JULIANNA N HARVEY whose telephone number is (571)270-3815. The examiner can normally be reached Mon.-Fri. 8:00am-5:00pm EST.
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, Eduardo Robert can be reached at (571)272-4719. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JULIANNA N HARVEY/Primary Examiner, Art Unit 3773