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
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 1-2, 4-7 and 9-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Weiman et al. (US 2021/0015627).
Regarding claim 1, Weiman et al. disclose a steerable implant comprising a lower support member (102) configured to engage a first portion of bone (¶48); an upper support member (122) coupled to the lower support member and configured to engage a second portion of bone (¶48), the upper support member movable relative to the lower support member between a collapsed position (figures 1-5) and an expanded position (figures 6-8); a first control member (see figure below) coupled to the lower support member, wherein manipulation of the first control member causes the lower support member to move relative to the upper support member between the collapsed position and the expanded position (¶59); and a second control member (104) coupled to the first control member, wherein an axis of the second control member (see figure considered the central longitudinal axis) is aligned with an axis of the lower support (considered the central longitudinal axis) and an axis of the upper support (considered the central longitudinal axis), and wherein the axis of the second control member is angularly offset relative to an axis of the first control member (see figure below).
Regarding claim 2, Weiman et al. disclose the first control member is pivotally fixed relative to the lower support member and the upper support member (when dovetail portions 150 and 152 are engaged).
Regarding claim 4, Weiman et al. disclose the first control member comprises a threaded portion (136, figure 2).
Regarding claim 5, Weiman et al. disclose an adjustment member threadingly coupled to the threaded portion of the first control member, wherein rotation of the adjustment member causes movement of the first control member (¶59, ¶61).
Regarding claim 6, Weiman et al. disclose the upper support member (122) is vertically movable relative to the lower support member between the collapsed position and the expanded position (figures 6-8).
Regarding claim 7, Weiman et al. disclose the first control member is vertically fixed relative to the second control member (via 144’s receipt in hole of 102).
Regarding claim 9, Weiman et al. disclose a steerable expandable implant comprising a first support member (120) configured to engage a first portion of bone (¶48); a second support member (122) coupled to the first support member and configured to engage a second portion of bone (¶48), the first support and the second support movable between a collapsed position (figures 1-5) and an expanded position (figures 6-8); and a first control member (see figure below) coupled to the first support member, wherein manipulation of the first control member causes relative movement between the first support member and the second support member between the collapsed position and the expanded position (¶59), wherein a second control member (104) is coupled to the first control member, and wherein an axis of the second control member (see figure below) is aligned with an axis of the first support (considered the central longitudinal axis) and an axis of the second support (considered the central longitudinal axis), and the axis of the second control member (see figure below) is angularly offset relative to an axis of the first control member (see figure below).
Regarding claim 10, Weiman et al. disclose the first control member is pivotally fixed relative to the first support member and the second support member (when dovetail portions 150 and 152 are engaged).
Regarding claim 11, Weiman et al. disclose the first control member comprises a threaded portion (136, figure 2).
Regarding claim 12, Weiman et al. disclose an adjustment member (140) threadingly coupled to the threaded portion of the first control member, wherein rotation of the adjustment member causes movement of the first control member (¶59, ¶61).
Regarding claim 13, Weiman et al. disclose the second support member is vertically movable relative to the first support member between the collapsed position and the expanded position (figures 1-8).
Regarding claim 14, Weiman et al. disclose the first control member is vertically fixed relative to the second control member (via 144’s receipt in hole of 102).
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Claims 1, 8 and 15-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Edie et al. (US 2007/0255415).
Regarding claim 1, Edie et al. disclose a steerable implant comprising a lower support member (42) configured to engage a first portion of bone (figure 2); an upper support member (14) coupled to the lower support member and configured to engage a second portion of bone (figure 2), the upper support member movable relative to the lower support member between a collapsed position (figures 1, 5) and an expanded position (figures 2, 6); a first control member (70 + 74) coupled to the lower support member (via 76, 78), wherein manipulation of the first control member causes the lower support member to move relative to the upper support member between the collapsed position and the expanded position (¶19); and a second control member (64) coupled to the first control member, wherein an axis of the second control member (considered the central longitudinal axis of the threaded bore) is aligned with an axis of the lower support (considered the central longitudinal axis of hole 18) and an axis of the upper support (considered the central longitudinal axis of 62), and wherein the axis of the second control member is angularly offset relative to an axis of the first control member (see figure below). Regarding claim 8, Edie et al. disclose the lower support member further includes an alignment portion (24) configured to receive an alignment member (114) of a tool (110) to position the tool relative to the lower support member, and wherein an axis of the alignment portion is angularly aligned with the axis of the first control member (the two axes are aligned generally parallel to one another in figure 5).
Regarding claim 15, Edie et al. disclose a steerable expandable implant comprising a first support member (14) configured to engage a first portion of bone (figure 2); a second support member (42) coupled to the first support member and configured to engage a second portion of bone (figure 2), the first support and the second support movable between a collapsed position (figures 1, 5) and an expanded position (figures 2, 6); and a second control member (62 + 64) coupled to the first support member, wherein manipulation of a first control member (70) causes the second control member to move relative to the first control member (¶19), and relative movement between the first support member and the second support member between the collapsed position and the expanded position (¶19, figures 1-2 and 5-6), and wherein an axis of the second control member (considered the central longitudinal axis of the threaded bore) is aligned with an axis of the first support (considered the central longitudinal axis of hole 18) and an axis of the second support (considered the central longitudinal axis which bisects 62), and the axis of the second control member is angularly offset relative to an axis of the first control member (see figure below). Regarding claim 16, Edie et al. disclose the first control member is pivotally fixed relative to the first support member and the second support member (via its mounting within 76, 78). Regarding claim 17, Edie et al. disclose the first control member (62) comprises a threaded portion (¶18, figure 3).
Regarding claim 18, Edie et al. disclose an adjustment member (74) coupled to the threaded portion of the first control member (70), wherein rotation of the adjustment member causes movement of the first control member (¶19).
Regarding claim 19, Edie et al. disclose the second support member (42) is vertically movable relative to the first support member between the collapsed position and the expanded position, and wherein the first control member is vertically fixed relative to the second control member (figures 1-2, 5-6). Regarding claim 20, Edie et al. disclose the first support member (14) further includes an alignment portion (24) configured to receive an alignment member (114) of a tool (100) to position the tool relative to the first support member, and wherein an axis of the alignment portion is angularly aligned with the axis of the first control member (the two axes are aligned generally parallel to one another in figure 5).
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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.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Weiman et al. (US 2021/0015627). Regarding claim 3, Weiman et al. disclose the claimed invention except for the express teaching of the axis of the second control member and the axis of the first control member are angularly offset by 45 degrees. It would have been obvious to one having ordinary skill in the art at the time the of filing to have the axis of the second control member and the axis of the first control member are angularly offset by 45 degrees, since Applicant has not stated that the specific angle of 45 degrees is anything more than one of many angles capable of providing the first control member and second control members at an angularly offset manner to improve access to the control member for use by an insertion tool.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW JAMES LAWSON whose telephone number is (571)270-7375. The examiner can normally be reached Mon - Fri 6:30-3:00.
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/MATTHEW J LAWSON/Primary Examiner, Art Unit 3619
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