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 without traverse of Species A (Fig 1a-17), Invention I (Claims 16-31) in the reply filed on 8/24/2026 is acknowledged.
Claims 32-35 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on August 24, 2026.
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 16-22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee US 2018/0280063
Regarding Claim 16, Lee discloses a connector (Figs 3a-3h) for use in a spinal procedure, the connector comprising:
a first connector body including a first opening (see Fig below) extending therethrough along a first axis (axis “A4” fig 3c, see fig below) and a support recess (see Fig below) extending therethrough along a second axis (axis “A1” see Fig below, Fig 3c) that is transverse to the first axis (Fig below, Fig 3c);
a second connector body (“first body 302”, paragraph 163, see Fig below) including a second opening extending therethrough and a post extending laterally therefrom (see Fig below), the post supported by the support recess (see Fig 3c) and having a groove (see Fig below);
a fastener secured within the first connector body and having an end that is positioned within the support recess and the groove (see Fig below, Fig 3c); and
a crown supported by the first connector body and positioned within the first opening (see Fig below, Fig 3c), the crown including a first crown recess that engages the post and a second crown recess that is opposite the first crown recess (see Fig below, Fig 3c),
wherein the second connector body is translatable (paragraph 174) and rotatable (paragraph 163) relative to the first connector body to adjust a position of the first opening relative to the second opening (paragraph 163, 174, 186), and
wherein surfaces of the support recess and the first crown recess create an interference fit against the post to temporarily maintain the position of the first opening relative to the second opening (paragraph 191, interference fit is created when tightening set screw #314 and when loosening set screw #314, the interference fit is released).
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Regarding Claim 17, Lee discloses the second crown recess is configured to support a first spinal rod (rod “R2” fig 3a) within the first opening (Fig 3a) and the second opening is configured to receive a second spinal rod (rod “R1” as seen in Fig 3a).
Regarding Claim 18, Lee discloses the groove includes a first end and a second end opposite the first end (see Fig below), and wherein the second connector body is movable between a first axial position and a second axial position (paragraph 174, 186), in the first axial position the end of the fastener is positioned against the second end of the groove and the second connector body is spaced apart from the first connector body, in the second axial position the end of the fastener is positioned against the first end of the groove and the second connector body abuts the first connector body (see Fig below, paragraph 174, 186 where the when the end of the fastener is against the second end, the second connector body is spaced away from the first connector body and when the end of the fastener is against the first end, the second connector body is moved closer to and abuts the first connector body).
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Regarding Claim 19, Lee discloses the second connector body is rotatable relative to the first connector body along a 60-degree arc (paragraph 280).
Regarding Claim 20, Lee discloses the groove includes a first end, a second end opposite the first end, and a recessed surface extending between the first end and the second end (see Fig below), and wherein the recessed surface engages the end of the fastener to prevent the second connector body from rotating beyond a predetermined angle relative to the first connector body (see Fig below, paragraph 187).
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Regarding Claim 21, Lee discloses the first axis and the second axis define a plane (plane along the page as seen in Fig 3c) and the second connector body defines a third axis (axis “A2”, Fig 3c), and wherein the second connector body is movable about the second axis from a first rotational position in which the third axis is within the plane (as seen in Fig 3c) to a second rotational position in which the third axis is oriented at a predetermined angle relative to the plane (paragraph 163 where the second connector body is rotatable about the second axis “A1” such that the third axis “A2” is not in the plane and creates a predetermined angle relative to the plane).
Regarding Claim 22, Lee discloses the groove includes a first end, a second end opposite the first end, and a recessed surface extending between the first end and the second end (see annotated Fig in claim 20 above), and wherein the end of the fastener is positioned against the recessed surface of the groove in the second rotational position to prevent the second connector body from rotation beyond the second rotational position (paragraph 187 as discussed in claim 20 above).
Claims 23-31 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee US 2018/0280063
Regarding Claim 23, Lee discloses a rod-to-rod connector (Fig 3a-34) for use in a spinal procedure, the rod-to-rod connector comprising:
a first connector body including a first opening (see Fig below) extending therethrough along a first axis (axis “A4” fig 3c, see fig below) and a support recess (see Fig below) extending therethrough along a second axis (axis “A1” fig 3c, see fig below) that is transverse to the first axis (Fig 3c);
a second connector body (“first body 302”, paragraph 163, see Fig below) including a second opening extending therethrough and a post extending laterally therefrom (see fig below), the post supported by the support recess (Fig 3c) and having a groove (see fig below);
a pin secured within the first connector body and having a first end and a second end opposite the first end (see Fig below), the second end being positioned within the support recess (Fig 3c) and the groove (see Fig below); and
a crown supported by the first connector body and positioned within the first opening (see Fig below, Fig 3c), the crown including a first crown recess that engages the post and a second crown recess that is opposite the first crown recess (see Fig below, Fig 3c),
wherein the second connector body is movable along the second axis to allow adjustment of a distance between the first connector body and the second connector body (paragraph 174, 186), and
wherein the second connector body is movable about the second axis to allow adjustment of an angular position between the first connector body and the second connector body (paragraph 163).
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Regarding Claim 24, Lee discloses wherein surfaces of the support recess and the first crown recess create an interference fit against the post to temporarily maintain the distance and angular position between the first connector body and the second connector body (paragraph 191, interference fit is created when tightening set screw #314 and when loosening set screw #314, the interference fit is released).
Regarding Claim 25, Lee discloses the second crown recess is configured to support a first spinal rod (rod “R2” fig 3)a within the first opening and the second opening is configured to receive a second spinal rod (rod “R1” fig 3a).
Regarding Claim 25, Lee discloses the first opening defines a first threaded interface (Fig 3b, 3c, 3h, the opening has a threaded interface to engage fastener #314, paragraph 164) that is configured to matingly receive a threaded fastener (#314, Fig 3c), the threaded fastener configured to exert a force on the first spinal rod such that the support recess and the first crown recess create a taper lock against the post to prevent the second connector body from moving relative to the first connector body (paragraph 191).
Regarding Claim 27, Lee discloses the groove includes a first end and a second end opposite the first end (see Fig below), and wherein the second connector body is movable between a first axial position and a second axial position (paragraph 174, 186), in the first axial position the end of the fastener is positioned against the second end of the groove and the second connector body is spaced apart from the first connector body, in the second axial position the end of the fastener is positioned against the first end of the groove and the second connector body abuts the first connector body (see Fig below, paragraph 174, 186 where the when the end of the fastener is against the second end, the second connector body is spaced away from the first connector body and when the end of the fastener is against the first end, the second connector body is moved closer to and abuts the first connector body).
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Regarding Claim 28, Lee discloses the second connector body is rotatable relative to the first connector body along a 60-degree arc (paragraph 280).
Regarding Claim 29, Lee discloses the groove includes a first end, a second end opposite the first end, and a recessed surface extending between the first end and the second end (see Fig below), and wherein the recessed surface engages the end of the fastener to prevent the second connector body from rotating beyond a predetermined angle relative to the first connector body (see Fig below, paragraph 187).
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Regarding Claim 30, Lee discloses the first axis and the second axis define a plane (plane along the page as seen in Fig 3c) and the second connector body defines a third axis (axis “A2”, Fig 3c), and wherein the second connector body is movable about the second axis from a first rotational position in which the third axis is within the plane (as seen in Fig 3c) to a second rotational position in which the third axis is oriented at a predetermined angle relative to the plane (paragraph 163 where the second connector body is rotatable about the second axis “A1” such that the third axis “A2” is not in the plane and creates a predetermined angle relative to the plane).
Regarding Claim 31, Lee discloses the groove includes a first end, a second end opposite the first end, and a recessed surface extending between the first end and the second end (see annotated Fig in claim 20 above), and wherein the end of the fastener is positioned against the recessed surface of the groove in the second rotational position to prevent the second connector body from rotation beyond the second rotational position (paragraph 187 as discussed in claim 29 above).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 for art of cited interest, in particular Cite B-E, and N show rod to rod connectors with a post supported on a supported recess. Cite F shows telescoping rods with a pin and groove that can translate and rotate (Col 9 lines 50-65).
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.
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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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