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1. (WO2017136494) METHOD AND INSTRUMENTS FOR INTERBODY FUSION AND POSTERIOR FIXATION THROUGH A SINGLE INCISION



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INTERNATIONAL SEARCH REPORT (ISR)
Part 1:  1  2  3  4  5  6          Part 2:  A  B  C  D  E 
International application No. Applicant's or agent's file reference
PCT/US2017/016122 DSP5219WOPCT
International filing date (day/month/year) (Earliest) Priority Date (day/month/year)
02 February 2017 05 February 2016
Applicant
DEPUY SYNTHES PRODUCTS, INC
FOR FURTHER ACTION: See Form PCT/ISA/220 as well as, where applicable, item 5 below.
This international search report has been prepared by this International Searching Authority and is transmitted to the applicant according to Article 18. A copy is being transmitted to the International Bureau.
It is also accompanied by a copy of each prior art document cited in this report.
1. Basis of the report
a. With regard to the language, the international search was carried out on the basis of:
the international application in the language in which it was filed.
a translation of the international application into                                          which is the language of a translation furnished for the purposes of international search (Rules 12.3(a) and 23.1(b)).
b.
This international search report has been established taking into account the rectification of an obvious mistake authorized by or notified to this Authority under Rule 91 (Rule 43.6bis(a)).
c.
With regard to any nucleotide and/or amino acid sequence disclosed in the international application, the international search was carried out on the basis of a sequence listing:
2. Certain claims were found unsearchable
This international search report has not been established in respect of certain claims under Article 17(2)(a) for the following reasons:
1.
Claims Nos.: 15-23
because they relate to subject matter not required to be searched by this Authority, namely:
Rule 39.1(iv) PCT - Method for treatment of the human or animal body by surgery
2.
Claims Nos.:
because they relate to parts of the international application that do not comply with the prescribed requirements to such an extent that no meaningful international search can be carried out, specifically:
3.
Claims Nos.:
because they are dependent claims and are not drafted in accordance with the second and third sentences of Rule 6.4(a).
3. Unity of invention is lacking
This International Searching Authority found multiple inventions in this international application, as follows:
1. claims: 1-14, 27-36
An assembly comprising a port including a tubular wall, a longitudinal slot in the wall defining opposed ends of the wall and opposed flanges extending radially from each end of the wall
2. claims: 24-26
A spinal assembly comprising a port including a bushing
1.
As all required additional search fees were timely paid by the applicant, this international search report covers all searchable claims.
2.
As all searchable claims could be searched without effort justifying additional fees, this Authority did not invite payment of additional fees.
3.
As only some of the required additional search fees were timely paid by the applicant, this international search report covers only those claims for which fees were paid, specifically claims Nos.:
4.
No required additional search fees were timely paid by the applicant. Consequently, this international search report is restricted to the invention first mentioned in the claims; it is covered by claims Nos.: 1-14, 27-36
Remark on Protest
The additional search fees were accompanied by the applicant’s protest and, where applicable, the payment of a protest fee.
The additional search fees were accompanied by the applicant’s protest but the applicable protest fee was not paid within the time limit specified in the invitation.
No protest accompanied the payment of additional search fees.
4. Title of the invention
The text is approved as submitted by the applicant.
The text has been established by this Authority to read as follows:
5. Abstract
The text is approved as submitted by the applicant.
The text has been established, according to Rule 38.2, by this Authority as it appears in Box No. IV. The applicant may, within one month from the date of mailing of this international search report, submit comments to this Authority.
6. Drawings
a.
The figure of the drawings to be published with the abstract is Figure No.     6B    
as suggested by the applicant.
as selected by this Authority, because the applicant failed to suggest a figure.
as selected by this Authority, because this figure better characterizes the invention.
b.
none of the figures is to be published with the abstract.

A. CLASSIFICATION OF SUBJECT MATTER

     A61B 17/70 (2006.01)i; A61B 17/34 (2006.01)i; A61B 17/17 (2006.01)i; A61B 17/02 (2006.01)i
According to International Patent Classification (IPC) or to both national classification and IPC

B. FIELDS SEARCHED

Minimum documentation searched (classification system followed by classification symbols):
     A61B
Documentation searched other than minimum documentation to the extent that such documents are included in the fields searched:
Electronic data base consulted during the international search (name of data base and, where practicable, search terms used):
EPO-Internal

C. DOCUMENTS CONSIDERED TO BE RELEVANT

Category* Citation of document, with indication, where appropriate, of the relevant passages Relevant to claim No.
(1)
X
US 2014025121 A1 (FOLEY KEVIN T [US] ET AL) 23 January 2014 (2014-01-23)
27-29,31,34-36
Y
A
paragraph [0018] - paragraph [0025]; figures 1-4
30,32,33
1-14
(2)
Y
US 2006211992 A1 (PROSEK MICHAEL [US]) 21 September 2006 (2006-09-21)
30,32,33
abstract; figure 12
(3)
A
US 2014275793 A1 (SONG JOHN [US]) 18 September 2014 (2014-09-18)
1,27
paragraph [0024] - paragraph [0029]; figures 1, 2
(4)
A
US 2011130634 A1 (SOLITARIO JR RALPH C [US] ET AL) 02 June 2011 (2011-06-02)
1,27
cited in the application
abstract; figure 1
*
Special categories of cited documents:
"A"
document defining the general state of the art which is not considered to be of particular relevance
"E"
earlier application or patent but published on or after the international filing date
"L"
document which may throw doubts on priority claim(s) or which is cited to establish the publication date of another citation or other special reason (as specified)
"O"
document referring to an oral disclosure, use, exhibition or other means
"P"
document published prior to the international filing date but later than the priority date claimed
"T"
later document published after the international filing date or priority date and not in conflict with the application but cited to understand the principle or theory underlying the invention
"X"
document of particular relevance; the claimed invention cannot be considered novel or cannot be considered to involve an inventive step when the document is taken alone
"Y"
document of particular relevance; the claimed invention cannot be considered to involve an inventive step when the document is combined with one or more other such documents, such combination being obvious to a person skilled in the art
"&"
document member of the same patent family

D. INFORMATION ON PATENT FAMILY MEMBERS

Patent document cited in search report Publication date
(day/month/year)
Patent family member(s) Publication date
(day/month/year)
US 2014025121 A1
23 January 2014
US 2014025121 A1
US 2016206332 A1
23 January 2014
21 July 2016
US 2006211992 A1
21 September 2006
NONE
US 2014275793 A1
18 September 2014
NONE
US 2011130634 A1
02 June 2011
CA 2762606 A1
CN 102497828 A
EP 2432407 A2
JP 5658237 B2
JP 2012527327 A
KR 20120028924 A
US 2011130634 A1
WO 2010135537 A2
25 November 2010
13 June 2012
28 March 2012
21 January 2015
08 November 2012
23 March 2012
02 June 2011
25 November 2010
Name and mailing address of the ISA/:
European Patent Office
P.B. 5818, Patentlaan 2, 2280 HV Rijswijk,
Netherlands
Telephone No. (+31-70)340-2040
Facsimile No. (+31-70)340-3016
Date of the actual completion of the international search:
05 July 2017
Date of mailing of the international search report:
07 September 2017
Authorized officer:
Ducreau, Francis
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