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 were received on 11/25/2025. These drawings are accepted.
Claim Objections
Claim 7-8 are objected to because of the following informalities:
Claim 7 line 2 should recite “a crown element”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 7-8 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 7 recites “wherein the insert sub-assembly further comprises crown element positionable within the central aperture of the support collar having a stepped upper surface1 configured to engage the wave washer and a partial spherical downward-facing surface2 configure to apply the downwardly directed force to the partial spherical outer surface of the retaining structure to establish the frictional engagement between the retaining structure and the clamp positioner”, where it is not clear if:
the crown element or the support collar has a stepped upper surface1;
the crown element or the wave washer has a partial spherical downward-facing surface2.
For examination purposes, the examiner will treat the crown element as having a stepped upper surface1 and a partial spherical downward-facing surface2.
Claim 1 recites that pivoting and non-pivoting receiver sub assemblies, where each receiver sub assembly includes a retaining structure. Claim 8 recites the retaining structure includes “a stepped upper ring having a raised center cylinder” (as seen in Fig 91, 94-96) where paragraph 128 of the current application describes the features of claim 8 as belonging to the non-pivoting receiver sub assemblies. As such, Claim 8 (in view of claim 1) is not clear as it makes it seem that the pivoting sub assemblies would also have “a stepped upper ring having a raised center cylinder.” It is suggested that applicant can clarify that only the non-pivoting sub assemblies have the features of claim 8.
Allowable Subject Matter
Claims 1-6, 9 are allowed.
Claims 7-8 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Reasons for Allowance
The following is an examiner’s statement of reasons for allowance:
Jackson US 2022/0125484 discloses a similar system (see Fig below), where the bone anchor has an upper spherical portion (C244, Fig 94) and a lower spherical portion (C254, Fig 94) but lacks upward facing ledge, the lower spherical portion extending from the circular edge, and the support collar as claimed.
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Jackson US 2017/0281241 discloses a similar system (see Fig below) but lacks the retaining structure as claimed, as well as the bone anchor having upper and lower spherical portions and a discontinuous circular outer edge as claimed.
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McClintock US 20240341817 discloses a similar system (see Fig below) with a bone anchor (Fig 2a-2b) but lacks the clamp positioner is multi piece and the bone anchor having the upper and lower partial spherical portions and the discontinuous circular outer edge as claimed.
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Chin US 2011/0190821 discloses a similar system (see below) but lacks the support collar, retaining structure, multi-piece clamp positioner and the discontinuous circular outer edge as claimed.
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See PTO-892 for other multi-piece shank systems.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAN CHRISTOPHER L MERENE whose telephone number is (571)270-5032. The examiner can normally be reached Mon-Fri 8:30 am - 6pm 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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/JAN CHRISTOPHER L MERENE/Primary Examiner, Art Unit 3773
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