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 .
Claims 1-15 are currently pending. Claims 1, 3-6, 8-14 are allowed. Claim 15 is objected to. Claims 2, 7 are rejected.
Response to Arguments
Applicant’s arguments, see Pg. 7-8 of the response, filed September 24, 2026, with respect to the objection of the Abstract, objections of Claims 2-8, 11-15, rejections of Claims 1-15 under 35 U.S.C. 112(b), and rejections of Claims 10, 12 under 35 U.S.C. 112(d) have been fully considered and are persuasive in light of amendments. The objection of the Abstract, objections of Claims 2-8, 11-15, rejections of Claims 1-15 under 35 U.S.C. 112(b), and rejections of Claims 10, 12 under 35 U.S.C. 112(d) have been withdrawn.
Please note the amendment to Claim 2 introduced a new issue as detailed below.
Information Disclosure Statement
The information disclosure statement filed August 13, 2026 fails to comply with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609 because it appears to contain an invalid US publication number. US Publication 1, US 20222060051 A1, does not exist. There may have been a typographical error. It has been placed in the application file, but the information referred to therein, specifically the lined through reference, has not been considered as to the merits. Applicant is advised that the date of any re-submission of any item of information contained in this information disclosure statement or the submission of any missing element(s) will be the date of submission for purposes of determining compliance with the requirements based on the time of filing the statement, including all certification requirements for statements under 37 CFR 1.97(e). See MPEP § 609.05(a). Please note a reference by “Hedges” was already made of record in the action of August 12, 2026 with a slightly different publication number.
The information disclosure statement (IDS) submitted on September 25, 2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claim 15 is objected to because of the following informalities:
Regarding Claim 15, Lines 3-4 recite “the first spacer part” and “the second spacer part”. It is unclear if there is sufficient antecedent basis for these limitation in the claims. The claim now clarifies by “spacer” it refers to “each spacer” that has been mentioned in Claim 13. However, none of the spacers are described as having first and second spacer parts.
Appropriate correction is required.
Claim Interpretation
The interpretations of “length adjustment means” in Claim 1 and “surface features” in Claim 2 under 35 U.S.C. 112(f) still stand. See Pg. 3-6 of the Non-Final Rejection filed August 12, 2026.
Claim Rejections - 35 USC § 112(a)
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claim 2 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding Claim 2, Lines 2-3 recite “comprises a number of surface features for engaging the length adjustment means of the spacer”. There does not appear to be sufficient written description for such a limitation in the claim. It is believed this may be due to confusion between the “length adjustment means” and “spacer length adjustment means” in the originally filed claims. Claim 1 establishes the spacer comprising a length adjustment means. Referring to Figures 2-3 of the instant disclosure for purposes of discussion, this appears to refer to feature (16T). The disclosure appears to refer to surface features as (161F) and (162F). The length adjustment means (16T) is not described or shown to be engaging a number of surface features (161F, 162F) of the spacer. Their surfaces are not adjacent to one another. Rather, the surface features engage with tools (W1, W2). As such, the original disclosure lack sufficient written description to show possession of the amended claim.
If this rejection is believed to be in mistake, Applicant may point to specific support for this limitation. If not, Applicant is suggested to reconsider the amendment made to resolve the 35 U.S.C. 112(b) rejection of Claim 2 presented in the previous action.
Claim Rejections - 35 USC § 112(b)
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.
Claim 7 is 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.
Regarding Claim 7, the claim appears to be grammatically incoherent, so it is unclear what structure is required of the claim.
Allowable Subject Matter
Claims 1, 3-6, 8-14 are allowed.
Claim 7 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claim 15 is objected to.
Claim 1 remains allowable for the same reasons set forth on Pg. 8-9 of the Non-Final Rejection filed August 12, 2026.
Claims 3-15 subsequently depend upon Claim 1.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELTON K WONG whose telephone number is (408)918-7626. The examiner can normally be reached Mon-Fri 8:00AM - 5:00PM PST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Court Heinle can be reached at (571)270-3508. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ELTON K WONG/Primary Examiner, Art Unit 3745
