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 1-13 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 “in the extending direction” in line 8. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examining the claim, “in the extending direction” will be interpreted as “in an extending direction”.
Claims 2-13 depend from claim 1 and are therefore rejected under 35 U.S.C. 112(b).
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 1-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jackson et al. (U.S. Publication No.2011/0098755 A1; hereinafter “Jackson”).
Regarding claim 1, Jackson discloses a pedicle screw assembly comprising: a screw member (shank 4) extending in one direction (see annotated Figure 24 below) and configured to be coupled to a pedicle (via threads 24); and a detachment-preventing member (compression insert 14) configured to rotatably support the screw member (partially spherical surface 142 is sized and shaped to slidingly receive and frictionally engage the spherical surface 34 of the shank upper portion 8, see para.0428), wherein the screw member (4) includes: a screw body (threaded body 6) extending in the one direction, the screw body being configured to be at least partially inserted into the pedicle; a screw head (smooth spherical surface 34 of shank upper portion 8) positioned at one end of the screw body in an extending direction, the screw head being configured to be rotatably coupled to the detachment-preventing member about the one direction as an axis (para.0419); and a screw protrusion (stepped or graduated upper surface portion 40 located adjacent to the top surface 38) coupled to the screw head opposite to the screw body with the screw head interposed therebetween (Figure 24), the screw protrusion being configured to be rotatably coupled to the detachment-preventing member about the one direction as an axis (para.0419), wherein the detachment-preventing member (14) includes: detachment-preventing body (14) including a first portion rotatably receiving the screw head (see the defined first portion of spherical surface 142 in annotated Figure 24 below) and a second portion communicating with the first portion and rotatably receiving the screw protrusion (see the defined second portion of spherical surface 142 in annotated Figure 24 below), the second portion having a cross-sectional area smaller than that of the one portion (see annotated Figure 24 below).
Regarding claim 2, Jackson further discloses wherein the detachment-preventing body (14) includes: a detachment-preventing hollow formed through its interior along the one direction (see Figure 17), the detachment-preventing hollow being configured to rotatably receive the screw head and the screw protrusion (para.0428); a screw head support surface configured to rotatably support the screw head at one side of the one direction (see the defined first portion of spherical surface 142 in annotated Figure 24 below); and a screw protrusion support surface continuous with the screw head support surface (see the defined second portion of spherical surface 142 in annotated Figure 24 below), the screw protrusion support surface being configured to rotatably receive the screw protrusion at an opposite side of the one direction (see annotated Figure 24 below).
Regarding claim 3, Jackson further discloses wherein the screw head (smooth spherical surface 34 of shank upper portion 8) has an outer circumferential surface formed to be at least partially curved (Figure 24), and the screw head support surface (see the defined first portion of spherical surface 142 in annotated Figure 24 below) is formed as a curved surface extending roundly to be convex radially outward (Figure 24).
Regarding claim 4, Jackson further discloses wherein the screw protrusion (stepped or graduated upper surface portion 40 located adjacent to the top surface 38) is configured to have a cross-section with a diameter smaller than a maximum diameter of a cross-section of the screw head (see Figure 24); and the screw protrusion support surface (see the defined second portion of spherical surface 142 in annotated Figure 24 below) is formed as a curved surface surrounding an outer circumference of the screw protrusion (see Figure 24).
Regarding claim 5, Jackson further discloses a rod support member (receiver 10) coupled to the detachment-preventing member (compression insert 14) along the one direction, and configured to allow an external rod (rod 21) to pass through in engagement along a transverse direction (see Figure 29); and a rod support nut (closure structure 18) coupled to the rod support member along the one direction opposite to the detachment-preventing member with the rod interposed therebetween (see Figure 1).
Regarding claim 6, Jackson further discloses wherein the rod support member (10) includes: a member-receiving space (cavity 91) located inside the rod support member and configured to accommodate the detachment-preventing member (see middle of para.0426); a rod-receiving space (channel 64) communicating with the member-receiving space and configured to accommodate the rod (see middle of para.0426); and a nut-receiving space (the space 66 surrounded by advancement structure 72) communicating with the rod-receiving space and disposed opposite to the member-receiving space with the rod-receiving space interposed therebetween (see Figure 24).
Regarding claim 7, Jackson further discloses wherein the rod support member (10) includes: a rod support thread formed on an inner surface of an outer circumference partially surrounding the nut-receiving space (see advancement structure 72 in Figure 24), the rod support thread being screw-coupled (para.0424) with a thread formed on an outer circumference of the rod support nut (advancement structure 162).
Regarding claim 8, Jackson further discloses wherein the rod support member (10) is coupled to the detachment-preventing member (14) at one side along the one direction and coupled to the rod support nut (18) at an opposite side along the one direction, and the rod (21) is positioned between the detachment-preventing member (14) and the rod support nut (18)(see Figure 1).
Regarding claim 9, Jackson further discloses wherein the rod support nut (18) is positioned between a first position supporting the rod (21) to bias the rod into abutment with the detachment-preventing member (14) and a second position supporting the rod to keep the rod spaced apart from the detachment-preventing member (closure structure 18 is rotated and advanced until a selected pressure is reached at which point the rod 21 engages the flat top surface 145 of the compression insert, see para.0439).
Regarding claim 10, Jackson further discloses wherein the rod support member (10) includes: a rod-coupling opening formed through an outer surface radially surrounding both the rod-receiving space and the nut-receiving space (channel 64), the rod-coupling opening providing an insertion passage for the rod (Figure 1).
Regarding claim 11, Jackson further discloses wherein the rod support member (10) includes: a ring-receiving space communicating with the member-receiving space and disposed opposite to the rod-receiving space with the member-receiving space interposed therebetween, and the detachment-preventing member includes: a detachment-preventing ring (retainer 12) coupled to the screw head opposite to the screw protrusion and accommodated in the ring-receiving space (Figure 24).
Regarding claim 12, Jackson further discloses wherein the detachment-preventing ring (12) has a hollow formed therein (121) and a detachment-preventing opening recessed on an outer circumference thereof (see “x” in Figure 8), and an inner diameter of the detachment-preventing ring is formed to be less than a maximum diameter of a cross-section of the screw head (see Figure 24).
Regarding claim 13, Jackson further discloses wherein the detachment-preventing ring (12) is received in the ring-receiving space after being radially pressed inward so that the detachment-preventing opening (x) is at least partially reduced, and the detachment-preventing ring received in the ring-receiving space is radially shape-deformed inward so that the detachment-preventing opening is at least partially enlarged (see para.0427).
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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 under Notice of References Cited, PTO-892.
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
/JULIANNA N HARVEY/Primary Examiner, Art Unit 3773
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