`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`NOTICE OF ALLOWANCE AND FEE(S) DUE
`
`JONATHAN SPANGLER
`
`7475 LUSK BOULEVARD
`SAN DIEGO, CA 92121
`
`RADEMAKER, CHARLES A
`
`2916
`DATE MAILED:12/02/2008
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKETNO.
`
`CONFIRMATIONNO.
`
`04/14/2008
`29/306,656
`TITLE OF INVENTION: INTERVERTEBRAL IMPLANT
`
`Patrick Miles
`
`104DES2
`
`9900
`
`
`
`
`
`
`
`APPLN. TYPE PUBLICATION FEE DUE|PREV. PAID ISSUE FEESMALL ENTITY ISSUE FEE DUE TOTAL FEE(S) DUE DATE DUE
`
`
`
`
`
`nonprovisional
`
`YES
`
`$430
`
`$0
`
`$0
`
`$430
`
`03/02/2009
`
`THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAMINED AND IS ALLOWED FOR ISSUANCE AS A PATENT.
`PROSECUTION ON THE MERITS IS CLOSED. THIS NOTICE OF ALLOWANCEIS NOT A GRANT OF PATENT RIGHTS.
`THIS APPLICATION IS SUBJECT TO WITHDRAWAL FROM ISSUE AT THE INITIATIVE OF THE OFFICE OR UPON
`PETITION BY THE APPLICANT. SEE 37 CFR 1.313 AND MPEP 1308.
`
`THE ISSUE FEE AND PUBLICATION FEE (IF REQUIRED) MUST BE PAID WITHIN THREE MONTHS FROM THE
`MAILING DATE OF THIS NOTICE OR THIS APPLICATION SHALL BE REGARDED AS ABANDONED.—THIS
`STATUTORY PERIOD CANNOT BE EXTENDED.
`SEE 35 U.S.C. 151. THE ISSUE FEE DUE INDICATED ABOVE DOES
`NOT REFLECT A CREDIT FOR ANY PREVIOUSLY PAID ISSUE FEE IN THIS APPLICATION.
`IF AN ISSUE FEE HAS
`PREVIOUSLY BEEN PAID IN THIS APPLICATION (AS SHOWN ABOVE), THE RETURN OF PART B OF THIS FORM
`WILL BE CONSIDERED A REQUEST TO REAPPLY THE PREVIOUSLY PAID ISSUE FEE TOWARD THE ISSUE FEE NOW
`DUE.
`
`HOW TO REPLYTO THIS NOTICE:
`
`I. Review the SMALL ENTITYstatus shown above.
`
`If the SMALL ENTITYis shown as YES, verify your current
`SMALLENTITYstatus:
`
`If the SMALL ENTITYis shown as NO:
`
`A. If the status is the same, pay the TOTAL FEE(S) DUE shown
`above.
`
`A. Pay TOTAL FEE(S) DUE shownabove, or
`
`B. If the status above is to be removed, check box 5b on Part B -
`Fee(s) Transmittal and pay the PUBLICATION FEE (if required)
`and twice the amount of the ISSUE FEE shown above,or
`
`B. If applicant claimed SMALL ENTITYstatus before, or is now
`claiming SMALL ENTITYstatus, check box 5a on Part B - Fee(s)
`Transmittal and pay the PUBLICATION FEE (if required) and 1/2
`the ISSUE FEE shown above.
`
`II. PART B - FEE(S) TRANSMITTAL,orits equivalent, must be completed and returned to the United States Patent and Trademark Office
`(USPTO) with your ISSUE FEE and PUBLICATIONFEE (if required). If you are charging the fee(s) to your deposit account, section "4b"
`of Part B - Fee(s) Transmittal should be completed and an extra copy of the form should be submitted. If an equivalent of Part B is filed, a
`request to reapply a previously paid issue fee must be clearly made, and delays in processing may occur due to the difficulty in recognizing
`the paper as an equivalentof Part B.
`
`IH. All communications regarding this application must give the application number. Please direct all communications prior to issuance to
`Mail Stop ISSUE FEE unless advisedto the contrary.
`
`IMPORTANT REMINDER: Utility patents issuing on applications filed on or after Dec. 12, 1980 may require payment of
`maintenancefees. It is patentee's responsibility to ensure timely payment of maintenance fees when due.
`
`PTOL-85 (Rev. 08/07) Approved for use through 08/31/2010.
`
`Page 1 of 3
`
`
`
`PART B - FEE(S) TRANSMITTAL
`
`Complete and sendthis form, together with applicablefee(s), to: Mail Mail Stop ISSUE FEE
`Commissioner for Patents
`P.O. Box 1
`Alecandvia Virginia 22313-1450
`
`or Fax (571)-273-2885
`through 5 should be completed where
`INSTRUCTIONS: This form should be used for transmitting the ISSUE FEE and PUBLICATION FEE(if required). Blocks 1
`ppropriate. All further correspondence including the Patent, advance orders and notification of maintenance fees will be mailed to the current correspondence address as
`indicated unless corrected below or directed otherwise in Block 1, by (a) specifying a new correspondence address; and/or (b) indicating a separate "FEE ADDRESS" for
`maintenance fee notifications.
`CURRENT CORRESPONDENCE ADDRESS(Note: Use Block 1 for any changeof address)
`
`30328
`
`7590
`
`12/02/2008
`
`JONATHAN SPANGLER
`NuVasive, Inc
`>
`.
`7475 LUSK BOULEVARD
`SAN DIEGO, CA 92121
`
`can only be used for domestic mailings of the
`Note: A certificate of mailing
`Fee(s) Transmittal. This certificate cannot be used for any other accompanying
`papers. Each additional paper, such as an assignment or formal drawing, must
`ave its own certificate of mailing or transmission.
`Certificate of Mailing or Transmission
`I hereby certify that this Fee(s) Transmittal is being deposited with the United
`States Postal Service with sufficient postage forfirst class mail in an envelope
`addressed to the Mail Stop ISSUE FEE address above, or being facsimile
`transmitted to the USPTO (571) 273-2885, on the date indicated below.
`(Depositor's name)
`
`
`
`(Signature)
`
`(Date)
`
`APPLICATION NO
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKETNO.
`
`CONFIRMATIONNO.
`
`04/14/2008
`29/306,656
`TITLE OF INVENTION: INTERVERTEBRAL IMPLANT
`
`Patrick Miles
`
`104DES2
`
`9900
`
`
`
`
`
`
`
`APPLN. TYPE PUBLICATION FEE DUE|PREV. PAID ISSUE FEESMALL ENTITY ISSUE FEE DUE TOTAL FEE(S) DUE DATE DUE
`
`
`
`
`
`nonprovisional
`
`EXAMINER
`
`RADEMAKER, CHARLES A
`
`$430
`
`ART UNIT
`
`2916
`
`1. Change of correspondence address or indication of "Fee Address" (37
`CFR 1.363).
`Lj Change of correspondence address (or Change of Correspondence
`Address form PTO/SB/122) attached.
`LI "Fee Address" indication (or "Fee Address” Indication form
`PTO/SB/47; Rev 03-02 or more recent) attached. Use of a Customer
`Numberis required.
`
`
`
`
`
`CLASS-SUBCLASS
`
`D24-155000
`
`$430
`
`03/02/2009
`
`2. For printing on the patentfront page,list
`(1) the names of up to 3 registered patent attorneys
`or agents OR,alternatively,
`(2) the name ofa single firm (having as a member a
`2
`registered attorney or agent) and the namesof up to
`2 registered patent attorneys or agents. If no nameis
`listed, no namewill be printed.
`
`
`
`3
`
`
`
`3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT(printor type)
`If an assignee is identified below, the document has beenfiled for
`PLEASE NOTE: Unless an assignee is identified below, no assignee data will appear on the patent.
`recordation as set forth in 37 CFR 3.11. Completion of this form is NOT a substitute for filing an assignment.
`(A) NAMEOF ASSIGNEE
`(B) RESIDENCE:(CITY and STATE OR COUNTRY)
`
`Please check the appropriate assignee category or categories (will not be printed on the patent) :
`
`LV individual LJ Corporation or other private group entity (J Government
`
`4a. The following fee(s) are submitted:
`L] Issue Fee
`_] Publication Fee (No small entity discount permitted)
`LY Advance Order - #of Copies
`
`
`
`4b. Paymentof Fee(s): (Please first reapply any previously paid issue fee shown above)
`LIA checkis enclosed.
`Lj Paymentby credit card. Form PTO-2038 is attached.
`[_J The Directoris hereby authorized to charge the required fee(s), any deficiency, or credit any
`overpayment, to Deposit Account Number
`(enclose an extra copy ofthis form).
`
`
`
`5. Change in Entity Status (from status indicated above)
`LI b. Applicant is no longer claiming SMALL ENTITYstatus. See 37 CFR 1.27(g)(2).
`LY a. Applicant claims SMALL ENTITYstatus. See 37 CFR 1.27.
`NOTE: The Issue Fee and Publication Fee (if required) will not be accepted from anyone other than the applicant; a registered attorney or agent; or the assignee or other party in
`interest as shown bythe records of the United States Patent and Trademark Office.
`
`Authorized Signature
`
`Typed or printed name
`
`
`Date
`
`Registration No.
`
`This collection of information is required by 37 CFR 1.311. The information is required to obtain or retain a benefit by the public whichis to file (and by the USPTOto process)
`an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR Li14. This collection is estimated to take 12 minutes to complete, including gathering,preparing, and
`submitting the completed application form to the USPTO. Time will v.
`epending uponthe individual case. Any comments on the amountof time you require to complete
`this form and/or suggestions for reducing this burden, should be sent peeChief Information Officer, U.S. Patent and Trademark Office, U.S. Department of Commerce, P.O.
`Box 1450, Alexandria, Virginia 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents, P.O. Box 1450,
`Alexandria, Virginia 22313-1450.
`Under the Paperwork Reduction Act of 1995, no persons are required to respondto a collection of information unlessit displays a valid OMBcontrol number.
`
`PTOL-85 (Rev. 08/07) Approved for use through 08/31/2010.
`
`OMB 0651-0033
`
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKETNO.
`
`CONFIRMATIONNO.
`
`29/306,656
`
`04/14/2008
`
`Patrick Miles
`
`104DES2
`
`9900
`
`JONATHAN SPANGLER
`
`7475 LUSK BOULEVARD
`SAN DIEGO, CA 92121
`
`RADEMAKER, CHARLES A
`
`2916
`DATE MAILED:12/02/2008
`
`Determination of Patent Term Extension or Adjustment under 35 U.S.C. 154 (b)
`
`Design patents have a term measured from the issue date of the patent and the term remains the same length
`regardless of the time that the application for the design patent was pending. Since the above-identified application is
`an application for a design patent, the patent is not eligible for Patent Term Extension or Adjustment under 35 U.S.C.
`154(b).
`
`Any questions regarding the Patent Term Extension or Adjustment determination should be directed to the Office of
`Patent Legal Administration at (571)-272-7702. Questions relating to issue and publication fee payments should be
`directed to the Customer Service Center of
`the Office of Patent Publication at 1-(888)-786-0101
`or
`(571)-272-4200.
`
`PTOL-85 (Rev. 08/07) Approved for use through 08/31/2010.
`
`Page 3 of 3
`
`
`
`
`
`Notice of Allowability
`
`Application No.
`
`29/306,656
`Examiner
`
`Applicant(s)
`
`MILES ET AL.
`Art Unit
`
`CHARLES A. RADEMAKER
`
`2916
`
`-- The MAILING DATEofthis communication appears on the cover sheet with the correspondence address--
`All claims being allowable, PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application.
`If not included
`herewith (or previously mailed), a Notice of Allowance (PTOL-85) or other appropriate communication will be mailed in due course. THIS
`NOTICE OF ALLOWASBILITY IS NOT A GRANT OF PATENT RIGHTS. This application is subject to withdrawal from issue atthe initiative
`of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308.
`1. [J This communication is responsive to
`
`2. XJ Theallowedclaim(s)is/are the claim.
`
`3. L] Acknowledgmentis madeof a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`a)O All
`b)L)Some*
`c)L1None
`ofthe:
`1. LF Certified copies of the priority documents have been received.
`2. C1 Certified copies of the priority documents have been received in Application No.
`3. [1] Copiesof the certified copies of the priority documents have been receivedin this national stage application from the
`International Bureau (PCT Rule 17.2(a)).
`
`* Certified copies not received:
`
`Applicant has THREE MONTHS FROM THE “MAILING DATE?”of this communication to file a reply complying with the requirements
`noted below. Failure to timely comply will result in ABANDONMENT ofthis application.
`THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.
`
`4. (] A SUBSTITUTE OATH OR DECLARATIONmust be submitted. Note the attached EXAMINER’S AMENDMENTor NOTICE OF
`INFORMAL PATENT APPLICATION (PTO-152) which gives reason(s) why the oath or declaration is deficient.
`
`5. K] CORRECTED DRAWINGS ( as “replacement sheets”) must be submitted.
`(a) 7 including changes required by the Notice of Draftsperson’s Patent Drawing Review ( PTO-948) attached
`1) [1] hereto or 2) [] to Paper No./Mail Date
`.
`(b) KX] including changes required by the attached Examiner's Amendment / Commentorin the Office action of
`Paper No./Mail Date
`.
`Identifying indicia such as the application number (see 37 CFR 1.84(c)) should be written on the drawingsin the front (not the back) of
`each sheet. Replacement sheet(s) should be labeled as suchin the header according to 37 CFR 1.121(d).
`
`6. [] DEPOSIT OF and/or INFORMATIONaboutthe deposit of BIOLOGICAL MATERIAL must be submitted. Note the
`attached Examiner's comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.
`
`Attachment(s)
`1. XX] Notice of References Cited (PTO-892)
`2. [] Notice of Draftperson's Patent Drawing Review (PTO-948)
`
`3. [J Information Disclosure Statements (PTO/SB/08),
`Paper No./Mail Date
`4. (J Examiner's Comment Regarding Requirement for Deposit
`of Biological Material
`
`5. CJ Notice of Informal Patent Application
`6. FJ Interview Summary (PTO-413),
`Paper No./Mail Date
`.
`7. KJ Examiner's Amendment/Comment
`
`8. [J] Examiner's Statement of Reasons for Allowance
`
`9. [J Other
`
`.
`
`U.S. Patent and Trademark Office
`
`PTOL-37 (Rev. 08-06)
`
`Notice of Allowability
`
`Part of Paper No./Mail Date 20081125
`
`
`
`
`
`Application/Control Number: 29/306,656
`Art Unit: 2916
`
`Page 2
`
`EXAMINER’S AMENDMENT
`
`1.
`
`An examiner’s amendmentto the record appears below. Should the changes and/or
`
`additions be unacceptable to applicant, an amendment maybefiled as provided by 37 CFR
`
`1.312. To ensure consideration of such an amendment, it MUST be submitted no later than the
`
`paymentof the issue fee.
`
`Drawings
`
`2.
`
`The drawing disclosure is objected to due to poorline quality. It is pointed out that each
`
`of the figure drawings containslines that are rough, blurred and will not reproduce well in an
`
`electronic environment. Clear, crisp and dark line quality is required.
`
`3.
`
`It is suggested that surface shading be addedto each figure to better show the specific
`
`contours and configuration of each surface.
`
`4.
`
`Corrected drawing sheets are required in reply to the Office action to avoid abandonment
`
`of the application. Any amended replacement drawing sheet should includeall of the figures
`
`appearing on the immediate prior version of the sheet, even if only one figure is being amended.
`
`The figure or figure number of an amended drawing should not be labeled as “amended.” Ifa
`
`drawing figure is to be canceled, the appropriate figure must be removed from the replacement
`
`sheet, and where necessary, the remaining figures must be renumbered and appropriate changes
`
`madeto the brief description of the several views of the drawings for consistency. Additional
`
`replacement sheets may be necessary to show the renumbering of the remainingfigures. If all
`
`the figures on a drawing sheet are canceled, a replacementsheet is not required. A marked-up
`
`copy of the drawing sheet (labeled as “Annotated Sheet’’) including an annotation showing that
`
`all the figures on that drawing sheet have been canceled must be presented in the amendment or
`
`
`
`Application/Control Number: 29/306,656
`Art Unit: 2916
`
`Page 3
`
`remarks section that explains the change to the drawings. Each drawing sheet submitted after the
`
`filing date of an application must be labeled in the top margin as either “Replacement Sheet” or
`
`“New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the
`
`applicant will be notified and informed of any required corrective action in the next Office
`
`action.
`
`5.
`
`Whenpreparing new drawings in compliance with the requirement therefor, care must be
`
`exercised to avoid introduction of anything which could be construed to be new matter
`
`prohibited by 35 U.S.C. 132 and 37 CFR 1.121.
`
`Specification
`
`6.
`
`For proper form in the first sentence of the Specification under the heading “Cross-
`
`Reference...” the phrase "of divisional of commonly owned and copending" has been amended
`
`to read:
`
`--Continuation of--
`
`Also, the words --now pending-- have been added after the date March 29, 2005.
`
`7.
`
`For sake of clarity, the figure descriptions have been amendedto read as follows:
`
`--Fig. 1 is a top perspective view of an Intervertebral Implant showing our new
`design;
`
`Fig. 2 is a top plan view thereof;
`
`Fig. 3 is a side elevation thereof the side opposite being a mirror image; and,
`
`Fig. 4 is an end elevation thereof of the end opposite that shown in Fig. 1 on an
`enlarged scale.--
`
`8.
`
`For proper form in the claim, the word “substantially” has been cancelled.
`
`
`
`Application/Control Number: 29/306,656
`Art Unit: 2916
`
`Page 4
`
`Information Disclosure Statement
`
`9.
`
`The information disclosure statementfiled 4/14/2008 fails to comply with 37 CFR
`
`1.98(a)(1), which requires the following: (1)alist of all patents, publications, applications, or
`
`other information submitted for consideration by the Office; (2) U.S. patents and U.S. patent
`
`application publicationslisted in a section separately from citations of other documents; (3) the
`
`application numberof the application in which the information disclosure statementis being
`
`submitted on each pageofthe list; (4) a column that provides a blank space next to each
`
`documentto be considered, for the examiner’s initials; and (5) a heading that clearly indicates
`
`that the list is an information disclosure statement. The information disclosure statement has
`
`been placed in the application file, but the information referred to therein has not been
`
`considered.
`
`Conclusion
`
`10.
`
`11.
`
`The claimed design is believed to be patentable over the knownpriorart.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to CHARLES A. RADEMAKERwhosetelephone numberis
`
`(571)272-2643. The examiner can normally be reached on Tuesday through Friday 9:00AM
`
`through 5:00PM.
`
`12.
`
`If any attempts to reach the examinerby telephoneare unsuccessful, the examiner’s
`
`supervisor, Ian Simmonscan be reached on 571-272-2658. The fax phone numberfor the
`
`organization where this application or proceedingis assigned is 571-273-8300.
`
`13.
`
`Information regarding the status of an application may be obtained from the Patent
`
`Application Information Retrieval (PAIR) system. Status information for published applications
`
`
`
`Application/Control Number: 29/306,656
`Art Unit: 2916
`
`Page 5
`
`may be obtained from either Private PAIR or Public PAIR. Status information for unpublished
`
`applicationsis available through Private PAIR only. For more information about the PAIR
`
`system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR
`
`system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would
`
`like assistance from a USPTO Customer Service Representative or access to the automated
`
`information system, call 800-786-9199 (IN USA OR CANADA)or 571-272-1000.
`
`/Charles A. Rademaker/
`Primary Examiner, Art Unit 2916
`
`