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 § 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 1-11 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 1 recites the limitation "a patient" in line 5. It is unclear whether “a patient” is referring to the patient recited in line 4, or if it is referring to a new patient. For the purpose of examining the claim, “a patient” in line 5 will be interpreted as “the patient”.
Claim 10 recites the limitation "adjustable connectors" in line 3. It is unclear whether “adjustable connectors” is referring to the adjustable connectors recited in line 2 of claim 1, or if new adjustable connectors are being claimed. For the purpose of examining the claim, “adjustable connectors” in line 3 of claim 10 will be interpreted as “the adjustable connectors”.
Appropriate corrections are required.
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.
Claims 1-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lenke et al. (U.S. Patent No.7,655,008 B2; hereinafter “Lenke”).
Regarding claim 1, Lenke discloses a surgical bone frame assembly (Figures 1-2) comprising: a frame (bridges 504 and link member 511) that includes a plurality of frame segments (504, 511) having adjustable connectors (clamping assemblies 140) for operatively and articulatively connecting to each other; a frame fastener (derotation assemblies 500) for securing the frame to a patient; and a bone support assembly (spinal stabilization element 554 and implants 550) connectable to the frame for fastening to a bone of a patient, the bone support assembly including: a bone support frame (554) for rigidly connecting to the frame, and
a bone fastener (550) extending from the bone support frame for securely attaching to
the bone of the patient.
Regarding claim 2, Lenke further discloses wherein the bone fastener (550) includes a clamp (col.4, ll.19-34).
Regarding claim 3, Lenke further discloses wherein the bone fastener (550) includes a threaded screw (col.4, ll.19-34).
Regarding claim 4, Lenke further discloses wherein the bone fastener (550) includes a C-clamp (col.4, ll.19-34).
Regarding claim 5, Lenke further discloses wherein the bone fastener (550) includes a jaw clamp (col.4, ll.19-34).
Regarding claim 6, Lenke further discloses wherein the bone fastener (550) includes a pair of opposing pivotable clamp arms each having a distal end with a serrated inner surface (col.4, ll.19-34).
Regarding claim 7, Lenke further discloses wherein the bone fastener (550) is a screw or a pin (col.4, ll.19-34).
Regarding claim 8, Lenke further discloses wherein the plurality of frame segments (504, 511) includes a first plurality of frame segments extending between a pair of the plurality of frame segments (Figure 3).
Regarding claim 9, Lenke further discloses wherein the bone support frame (554) includes an elongated rod (see elongated spinal stabilization element 554 in Figure 1) and an adjustable connector (receiver portion 552) articulatively and fixedly connecting the elongated rod to the frame (col.4, ll.19-34).
Regarding claim 10, Lenke further discloses wherein the bone support frame of the bone
support assembly includes a lattice structure (see elements 504, 511 in Figure 3 that form a lattice structure) of a plurality of frame segments connected via the adjustable connectors therebetween (140), the adjustable connectors articulatively and fixedly connecting the frame segments to the bone fastener (see Figure 3).
Regarding claim 11, Lenke further discloses a fiducial marker operatively connected to the bone fastener, bone support assembly and/or frame (handles 506).
Regarding claim 12, Lenke discloses a surgical bone frame assembly (Figures 1-2) comprising: a bone support assembly (500) for securing an orientation of bone segments of a patient, the bone support assembly including: a bone support frame (554); a plurality of bone fasteners (550) extending from the bone support frame for securely attaching to the bone segments of the patient (Figure 1); and adjustable connectors (receiver portions 552) articulatively and fixedly connecting the bone support frame to the plurality of bone fasteners (col.4, ll.19-34).
Regarding claim 13, Lenke further discloses wherein the bone support frame includes a
plurality of rigid frame segments (554), and the adjustable connectors operatively connect the
plurality of rigid frame segments and the plurality of bone fasteners (Figure 1).
Regarding claim 14, Lenke further discloses wherein the bone support frame (554) includes an elongated rod (554) and an adjustable frame connector (implant holders 502) articulatively and fixedly connecting the elongated rod to an exterior frame (504)(see Figure 1).
Regarding claim 15, Lenke further discloses wherein the bone support frame of the bone
support assembly includes a lattice structure of a plurality of frame segments connected via at
least one adjustable support frame connector therebetween, the adjustable connectors
articulatively and fixedly connecting the frame segments to the bone fastener (multiple stabilization elements 554 may be positioned along the spinal column and connected via transverse bridges 504, as shown in Figures 1-3).
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Conclusion
The prior art made of record and not relied upon but considered pertinent to applicant's disclosure has been listed in the PTO-892, Notice of References Cited.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Christina Negrelli whose telephone number is 571-270-7389. The examiner can normally be reached on Monday-Friday, between 8:00am to 4:00pm. 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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/CHRISTINA NEGRELLI/
Examiner, Art Unit 3773
/EDUARDO C ROBERT/Supervisory Patent Examiner, Art Unit 3773
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