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 .
Response to Amendment
Claims 11, 12, 14, 16, 18-26, and 28-30 are pending in the application. Claims 1-10, 13, 15, 17, 27, and 29 have been canceled. Claims 11, 12, 14, 16, 18, 19, 20, 21, 24-26, and 28-30 have been amended.
Claim Objections
Claim 11 is objected to because of the following informalities: in line 10, “the stent device” should read --the 3.2Fr. stent device--. Appropriate correction is required.
Claim 14 is objected to because of the following informalities: in lines 2-3, “wherein the 3.2Fr. stent device wherein the platinum content ranging from 5 percent” should read --wherein the platinum content ranges from 5 percent--. Appropriate correction is required.
Claim 16 is objected to because of the following informalities: in lines 2-3, “the support PT guidewire” should read --the at least one support percutaneous transluminal (PT) guidewire--. Appropriate correction is required.
Claim 20 is objected to because of the following informalities: in line 2, “the stent device” should read --the 3.2Fr. stent device--. Appropriate correction is required.
Claim 22 is objected to because of the following informalities: in line 3, “PTA balloon catheter” should read --a percutaneous transluminal angioplasty (PTA) balloon catheter--. Appropriate correction is required.
Claim 23 is objected to because of the following informalities: in line 3, “a PTA balloon catheter” should read --a percutaneous transluminal angioplasty (PTA) balloon catheter--. Appropriate correction is required.
Claim 24 is objected to because of the following informalities: in line 3, “a stent” should read --the 3.2Fr. stent device--. Appropriate correction is required.
Claim 25 is objected to because of the following informalities: in line 2, “the stent device” should read --the 3.2Fr. stent device--. Appropriate correction is required.
Claim 26 is objected to because of the following informalities: in line 2, “the stent device” should read --the 3.2Fr. stent device--. Appropriate correction is required.
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 28-30 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 28 recites the limitation "the stent delivery system" in line 2. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction is required.
Claim 28 recites “advancing at least one support PT guidewire retrograde into a parallel artery” in lines 8-9. It is unclear if this limitation is reciting the “at least one support percutaneous transluminal (PT) guidewire” that is recited in claim 11, or a different guidewire. If the claim intends to refer to the same guidewire, the claim should read: --advancing the at least one support percutaneous transluminal (PT) guidewire” into a parallel artery--. Appropriate correction is required.
Claim 28 recites “the stent device” (line 10), “a stent” (line 13), and “the stent” (line 17). It is unclear if claim 28 is reciting “the 3.2Fr. stent device” in claim 11 or a different stent device/stent. The Examiner requests the Applicant use consistent terminology. Appropriate correction is required.
Claim 29 recites the limitation "the stent delivery system" in line 2. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction is required.
Claim 29 recites “advancing at least one support PT guidewire retrograde into a parallel artery” in lines 8-9. It is unclear if this limitation is reciting the “at least one support percutaneous transluminal (PT) guidewire” that is recited in claim 11, or a different guidewire. If the claim intends to refer to the same guidewire, the claim should read: --advancing the at least one support percutaneous transluminal (PT) guidewire” into a parallel artery--. Appropriate correction is required.
Claim 29 recites “the stent device” (line 10), “the 4Fr. compatible stent device” (line 13), “the stent” (line 14 and line 18). It is unclear if claim 29 is reciting “the 3.2Fr. stent device” in claim 11 or a different stent device/stent. The Examiner requests the Applicant use consistent terminology. Appropriate correction is required.
Claim 29 recites the limitation "the 4Fr. compatible stent’s placement" in lines 16-17. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction is required.
Claim 30 recites the limitation "the stent delivery system" in line 2. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction is required.
Claim 30 recites “advancing at least one support percutaneous transluminal (PT) guidewire antegrade into a plantar arch” in lines 8-9. It is unclear if this limitation is reciting the “at least one support percutaneous transluminal (PT) guidewire” that is recited in claim 11, or a different guidewire. If the claim intends to refer to the same guidewire, the claim should read: --advancing the at least one support percutaneous transluminal (PT) guidewire” into a parallel artery--. Appropriate correction is required.
Claim 30 recites “the stent device” (line 10), “the 4Fr. compatible stent” (line 13 and line 18), and “the stent” (line 14). It is unclear if claim 28 is reciting “the 3.2Fr. stent device” in claim 11 or a different stent device/stent. The Examiner requests the Applicant use consistent terminology. Appropriate correction is required.
Claim 30 recites the limitation "the 4Fr. compatible stent’s placement" in lines 16-17. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction is required.
Allowable Subject Matter
Claims 11, 12, 14, 16, and 18-26 are allowed. NOTE: claims 11, 14, 16, 20, and 22-26 require correction of the minor informalities above.
Claims 28-30 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.
The following is a statement of reasons for the indication of allowable subject matter: Claim 11 has been amended to incorporate the subject matter from claim 13, which has been canceled. Claim 13 was indicated allowable if rewritten 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 the previous Office action and to include all of the limitations of the base claim and any intervening claims. Claims 12, 14, 16, and 18 are dependent on claim 11, thus are also allowable over the prior art of record. Claims 28-30 have been amended to require the system of claim 11, thus would also 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 19 was indicated allowable if rewritten 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 the previous Office action. Claim 19 has been amended accordingly. Claims 20-26 are all dependent on claim 19, thus are also allowable over the prior art of record.
Response to Arguments
Applicant’s arguments filed 7/13/26, with respect to the claim rejections under 35 U.S.C. § 103 and § 112, 4th paragraph from the previous Office Action, have been fully considered and are persuasive. These rejections have been withdrawn.
Applicant’s arguments filed 7/13/26, with respect to the rejection(s) of claims 11-14, 16-26, and 28-30 under U.S.C. § 112, 2nd paragraph have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new grounds of rejection is made in view of the amendments made to claims 28-30, which now recite that the system of claim 11.
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.
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/C.D.K/Examiner, Art Unit 3771
/BRIGID K BYRD/Examiner, Art Unit 3771
