Prior art

The US patent 11096797B2 (hereinafter '797 patent) explicitly references a chain of related applications in its "CROSS-REFERENCE TO RELATED APPLICATIONS" section, which collectively establish the priority date and describe previously disclosed subject matter. These related applications represent the most relevant prior art as described within the '797 patent itself, particularly for understanding the evolution of the claimed invention.

The '797 patent claims priority back to U.S. provisional application No. 60/670,231, filed on April 12, 2005. Therefore, any subject matter disclosed in the prior applications that also traces its priority back to this provisional application (and is common to the '797 patent) would share the same effective filing date and thus would not strictly "anticipate" common subject matter under 35 U.S.C. § 102. However, these applications are still highly relevant for comparison and for identifying any new subject matter introduced in the '797 patent.

Based on the descriptions provided within the '797 patent regarding its own "Applicants' applications set forth in the Cross-Reference to Related Applications," the following are identified as key relevant prior art:

1. U.S. Patent No. 7,704,279 B2

• Full citation: U.S. Patent No. 7,704,279 B2 (Moskowitz et al.)
• Publication/filing date: Issued April 27, 2010; Filed August 23, 2005.
• Brief description: This patent is part of the priority chain leading to US11096797. According to the '797 patent, "Applicants first introduced the terminology “zero-profile” relating to spinal fusion devices" and "described zero-profile non-expandable and expandable stand-alone intervertebral spinal fusion device embodiments with incorporated BDFT screws" in these related applications. Furthermore, "Applicants' copending applications set forth in the Cross-Reference to Related Applications further describe an exemplary embodiment of a universal tool and the adaptability of the tool, for example, to exemplary embodiments of sliding boxes". Specifically, these earlier embodiments included "two sliding triangular bases to house two screws driven in two opposing directions which can be expanded in two simultaneous directions, height and depth, by turning a built-in screw adjuster."
• Which claim(s) it potentially anticipates under 35 U.S.C. § 102:
  • Claim 1: While Claim 1 of the '797 patent describes an expandable intervertebral fusion device without BDFT screws and a specific scissor-jack linkage mechanism, US7704279B2 (and other related applications) could potentially anticipate the broader concept of an "expandable intervertebral fusion device" with movable housings, if the expansion mechanism disclosed (e.g., "two sliding triangular bases... expanded... by turning a built-in screw adjuster") is sufficiently broad to encompass the basic elements of movable housings and screw-driven expansion.
  • Claim 13: It is less likely to directly anticipate Claim 13, which specifies a "worm drive mechanism," as the '797 patent describes worm drive as a "more advanced" embodiment not explicitly detailed in the general description of prior applications.
  • Claim 20: Potentially anticipates a "surgical tool for inserting and expanding an intervertebral device," including features like a handle, gripper with prongs, an Allen key for expansion, and a screw guide for directing screws. This is directly supported by the '797 patent's statement that "Applicants' copending applications... further describe an exemplary embodiment of a universal tool".

2. U.S. Provisional Application No. 60/670,231

• Full citation: U.S. Provisional Application No. 60/670,231 (Moskowitz et al.)
• Publication/filing date: Filed April 12, 2005.
• Brief description: This is the earliest application in the priority chain from which the '797 patent derives its priority date. As such, it forms the foundational disclosure for the family of patents. The '797 patent implies that this provisional application, along with subsequent non-provisional applications, introduced the initial concepts of "zero-profile" spinal fusion devices, including "expandable stand-alone intervertebral spinal fusion device embodiments with incorporated BDFT screws," and an "exemplary embodiment of a universal tool."
• Which claim(s) it potentially anticipates under 35 U.S.C. § 102: If any of the specific features or combinations claimed in Claims 1, 13, or 20 of the '797 patent were fully disclosed and enabled in this provisional application, then it would anticipate those claims. Given that the '797 patent states this family of applications introduced the core concepts of zero-profile expandable spacers and universal tools, it is highly probable that the provisional application would anticipate broader aspects or foundational elements of Claims 1, 13, and 20 if they were present in its disclosure. Specific anticipation for the detailed mechanisms of Claims 1 (scissor jack) or 13 (worm drive) would depend on whether these specific mechanisms were sufficiently described in the provisional application.