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 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.
Claim(s) 1-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DiPaola (Pub. No. US 2018/0161069 A1).
Regarding claims 1-5, DiPaola discloses a spinal rod 5/10 (figure 4) comprising:an elongate portion 5; a clamp 10 located at a first end of the elongate portion 5 (figure 4), the clamp 10 comprising a body 10, a first passage 25 extending through the body and having a first opening facing a second end of the elongate portion opposing the first end, and a second opening along a side of the body opposite the elongate portion (illustrated in figure 5), wherein the clamp 10 and elongate portion 4 are integrated (figure 20) and the first passage 25 is configured to receive a sublaminar band 15 (figures 4 and 20). The clamp 10 comprises a second passage 45 extending upwards from a central location of the body and opening along an upper surface of the body of the clamp (figure 5). The second passage 45 is in fluid communication with the first passage 25 (figure 5). The second passage 45 is configured to receive a locking mechanism 40 configured to lock the sublaminar band 15 in the clamp 10 (figure 5). The clamp 10 is configured to receive the sublaminar band 15 such that both a first free end of the sublaminar band and a second free end of the sublaminar band extend towards the second end of the elongate portion of the spinal rod (figure 11).
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Regarding claims 6-10, DiPaola discloses a spinal rod assembly 5/10/15 (figure 4) comprising: a sublaminar band 15, an elongate portion 5; a clamp 10 located at a first end of the elongate portion 5 (figure 4), the clamp 10 comprising a body 10, a first passage 25 extending through the body and having a first opening facing a second end of the elongate portion opposing the first end, and a second opening along a side of the body opposite the elongate portion (illustrated in figure 5), wherein the clamp 10 and elongate portion 4 are integrated (figure 20) and the first passage 25 is configured to receive two ends of the sublaminar band 15 (figures 4 and 20). The clamp 10 comprises a second passage 45 extending upwards from a central location of the body and opening along an upper surface of the body of the clamp (figure 5). The second passage 45 is in fluid communication with the first passage 25 (figure 5). The second passage 45 is configured to receive a locking mechanism 40 configured to lock the sublaminar band 15 in the clamp 10 (figure 5). The clamp 10 is configured to receive the sublaminar band 15 such that both a first free end of the sublaminar band and a second free end of the sublaminar band extend towards the second end of the elongate portion of the spinal rod (figure 11).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO form 892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lynnsy Summitt whose telephone number is (571)270-78567856. The examiner can normally be reached on Monday through Thursday from 8am until 5pm.
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Eduardo Robert, 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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/LYNNSY M SUMMITT/Primary Examiner, Art Unit 3773
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