Ou 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) 22 and 23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Harvey et al. (US Pub 2010/0145394).
With respect to claim 22, Harvey discloses a bone anchoring device (see figures 9A and 10B below) for coupling a rod to bone, the bone anchoring device comprising: a bone anchoring element (fig 9A, 130) comprising a shank (see fig 9A below) for anchoring to bone and a head (see fig 9A below); a receiving part (fig 9A 140) having a first end (left end), a second end (right end) below the first end, a central axis (fig 9 A,B) extending through the first and second ends, a channel (fig 9, 136) at the first end for receiving the rod, and an accommodation space (see fig 9 below) for accommodating the head of the bone anchoring element, the accommodation space defining an opening(fig 9, 152) at the second end; and a seat (fig 10B, 145) positionable in the accommodation space for holding the head in the receiving part, wherein the seat is configured to extend continuously more than halfway around the central axis in a circumferential direction (fig 10 ring shape), while a slit (fig 10B, 167) extends completely through the seat to render the seat radially expandable, and wherein the seat defines a recessed portion (fig 10B, 149) that is spaced apart from the slit in the circumferential direction while having at least a portion at a same axial position on the seat as at least part of the slit (fig 10B the recess is 90 degrees offset from the slit while both extending through the bottom surface of the seat); wherein the seat is configured to assume an insertion position in the receiving part where the head of the bone anchoring element is insertable through the opening of the receiving part into the seat; and wherein when the head and the seat are in the receiving part with the recessed portion of the seat oriented at a first radial direction relative to the central axis, the recessed portion facilitates pivoting of the bone anchoring element to a greater angle relative to the receiving part in the first radial direction than in another radial direction different from the first radial direction (paragraph 92). With respect to claim 23, Harvey discloses wherein the seat is rotatable relative (the collet is cylindrically shaped and could rotate) to the receiving part such that the orientation of the first radial direction is adjustable around the central axis.
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Claim Rejections - 35 USC § 103
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 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) 2-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schlaepfer et al. (US Pub 2014/0142634) in view of Carbone et al. (US Pub 2013/0013003).
With respect to claim 2, Schlaepfer discloses a bone anchoring device (see figure 2A below) for coupling a rod (fig 2A, 129) to bone, the bone anchoring device comprising: a bone anchoring element (see fig 2A below) comprising a shank (see fig 2A below) for anchoring to bone and a head (See fig 2A below); a receiving part(fig 2A, 120) having a first end (top), a second end (bottom) below the first end, a central axis (fig 2, 132) extending through the first and second ends, a channel (fig 2, 122) at the first end for receiving the rod, and an accommodation space (fig 2, 137)for accommodating the head of the bone anchoring element, the accommodation space defining an opening (fig 2, 124) at the second end; a rod receiving element (fig 2A, 169) movable in the receiving part, wherein at least part of the rod receiving element is positionable axially lower in the receiving part than a bottom of the channel for the rod (fig 2, 169 extends below 122), wherein the rod receiving element comprises a rod contacting surface that forms a transverse recess (see fig 2 below) for receiving the rod; and a separate seat (fig 2, 136)movable in the accommodation space, wherein the seat comprises an upwardly facing surface (see fig 2 below) configured to directly engage and exert an upward pressure directed towards the first end of the receiving part on the head; wherein the seat is configured to assume an insertion position in the receiving part where the head of the bone anchoring element is insertable through the opening of the receiving part into the seat (shown in figure 2A); and wherein the rod receiving element is movable downwardly to adjust the seat from the insertion position to a pre-locking position where the head is restricted from being removed through the opening of the receiving part (fig 2E), while an abutment (fig 2A, 149) that is positioned axially lower in the receiving part than a bottom lowermost end surface of the entire rod receiving element restricts movement of the seat from the pre-locking position back towards the insertion position (prevents movement up). With respect to claim 3, Schlaepfer discloses wherein the seat is formed as part of a pressure element, and wherein the pressure element is further configured to exert a downward pressure directed towards the second end of the receiving part on the head (fig 2F exerts downward force on the head to lock the head). With respect to claim 4, Schlaepfer discloses wherein the seat is radially expandable (by fingers) to facilitate passing of the head therethrough. With respect to claim 5, Schlaepfer discloses the seat is expandable at the insertion position, and is restricted from expanding at the pre-locking position (fig 2E, paragraph 53). With respect to claim 6, Schlaepfer discloses wherein the seat is ring segment-shaped (fig 2A seat surrounds the head). With respect to claim 7, Schlaepfer discloses wherein the rod receiving element and the seat are directly engageable with one another in the receiving part (fig 2A). With respect to claim 8, Schlaepfer discloses wherein the abutment is formed on the receiving part (fig 2A, 149). With respect to claim 9, Schlaepfer discloses wherein the abutment directly engages the seat to restrict movement of the seat back towards the insertion position (paragraph 54). With respect to claim 10, Schlaepfer discloses wherein the rod receiving element is configured to directly engage the seat when the rod receiving element is moved downwardly to adjust the seat from the insertion position to the pre- locking position (bottom of the element engages the top of the seat). With respect to claim 11, Schlaepfer discloses wherein the rod receiving element and the seat are movable axially relative to one another in the receiving part (fig 2F).
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With respect to claim 2, Schlaepfer discloses the claimed invention except for wherein the recess has an axial depth that is less than half of a greatest width of the recess.
Carbone discloses a recess has an axial depth that is less than half of a greatest width of the recess (fig 3, 222) to aid in centering the rod in the receiver (paragraph 66). With respect to claim 12, Carbone discloses wherein the recess of the rod receiving element is V-shaped (fig 3 and paragraph 66).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Schlaepfer to include wherein the recess has an axial depth that is less than half of a greatest width of the recess in view of Carbone in order to aid in centering the rod in the receiver.
Allowable Subject Matter
Claims 13-21 are allowed.
Response to Arguments
Applicant’s arguments, see remarks, filed 2/13/2026, with respect to the U.S.C. 112 rejection of claims 2-21 have been fully considered and are persuasive. The U.S.C. 112 rejection of claims 1-21 has been withdrawn.
Applicant’s arguments with respect to claim(s) 2-12 and 22-23 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/S.J.C/Examiner, Art Unit 3773 /EDUARDO C ROBERT/Supervisory Patent Examiner, Art Unit 3773