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 .
Election/Restrictions
Applicant's election with traverse of group II: claims 13-20 in the reply filed on 8/14/26 is acknowledged. The traversal is on the ground(s) that there is no search burden. This is not found persuasive because Examiner asserts that although there would be some overlap in searching fields, there are different subclasses to be searched for device and systems which Examiner believes constitutes a search burden.
Applicant’s election of species 2:fig. 4 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
The requirement is still deemed proper and is therefore made FINAL.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 13-17 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Davis (US 20230293314 A1).
Davis discloses a system comprising: a medical device fig. 43a configured for insertion between adjacent vertebral bodies, the medical device comprising upper 410 and lower endplates 420, and a translation member 452z, fig. 42b movably disposed between the upper and lower endplates; and an instrument fig. 52 comprising: an elongate shaft 701, fig. 53 having a proximal handle 750, fig. 54 and a distal end portion; a first mating feature 760, fig. 55 on the distal end portion for engaging the translation member;
and an adjustment device 720 for moving the translation member to adjust an angle between the upper and lower endplates of the medical device, wherein the medical device comprises a spinal implant, wherein the instrument further comprises an actuator rod 755 extending through the shaft 701 and coupling the adjustment device 720 with the first mating feature 760, wherein the adjustment device comprises a rotatable handle 703 and a shaft 740, wherein the shaft 740 is configured for insertion into a proximal opening on the rotatable handle 703, and wherein rotation of the shaft 740 of the adjustment device causes longitudinal translation of the actuator rod 720.
, wherein longitudinal translation of the actuator rod adjusts a distance between the distal ends of the upper and lower endplates (fig. 43a, para. 128), further comprises a gauge 735-737, fig. 54 on the proximal handle configured to indicate the distance between the distal ends of the upper and lower endplates (para. 134, 137), and wherein the gauge comprises a needle 738 and is coupled to the shaft 740 of the adjustment device, and wherein rotation of said shaft 740 causes rotation of the needle 738, wherein the instrument further comprises a locking mechanism 703 on the proximal handle 701, wherein the locking mechanism is configured to prevent the shaft 740 of the adjustment device from coupling to the proximal handle 701.
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(s) 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Davis in view of Eisen (US 20230015512 A1).
Davis fails to teach longitudinal translation of the actuator rod adjusts a distance between the first sides of the upper and lower endplates.
Eisen teaches longitudinal translation of the actuator rod adjusts a distance between the first sides of the upper and lower endplates (para. 10).
It would have been obvious to a person of ordinary skill in the art at the time of the invention was made to modify the system of Davis to longitudinal translation of the actuator rod adjusts a distance between the first sides of the upper and lower endplates in view of Eisen in order to facilitating adjusting the distance between two vertebras at lateral or medial locations.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMEH RAAFAT BOLES whose telephone number is (571)270-5537. The examiner can normally be reached 9-5 pm.
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/SAMEH R BOLES/Primary Examiner, Art Unit 3775
