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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-9, in the reply filed on January 9, 2026, is acknowledged.
Drawings
The Drawing Replacement Sheet of December 9, 2021, is approved by the examiner.
Specification
The disclosure is objected to because of the following informalities: On page 4, line 1, the sentence is incomplete. On page 5, line 7, “indent” should read --indents--. On page 8, line 14, “a retention lugs” lacks proper grammatical syntax. On page 13, line 3, “constrains” should apparently be --constraints--. On page 16, lines 22-25 involve a run-on or fused sentence. On page 23, line 16, “axially aligned those” lacks proper grammatical syntax. Appropriate correction is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-9 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Hebert et al., US 2009/0306761 A1, which discloses a vascular implant in the form of a self-expanding stent having a proximal end defining engagement structures configured for detachable retaining engagement with a delivery shaft (Figures 1A-1C, 2, 4A-4C, 5, 14, 15A-15D, 20A-20B, 21A-21B, 22A-22B, 25A-25B, 38C, 39B, 45; abstract; paragraphs 0002, 0005-0007, 0057, 0079, 0084, 0089, 0100-0101), wherein when the engagement structures and the delivery shaft are received within a catheter or sheath defining a chamber, the engagement structures are confined by the chamber and remain in retaining engagement with the delivery shaft so that the stent is axially locked to the delivery shaft, and when the engagement structures are removed from the chamber, the engagement structures are no longer confined by the chamber and are detachable from the delivery shaft so that the stent is axially unlocked from the delivery shaft (paragraphs 0058-0060, 0069, 0079, 0084, 0086, 0100, 0107).
Regarding claims 2-3, engagement member or coiled lugs are circumferentially spaced about the stent so as to form a gap which, in conjunction with the confining chamber, disallows passage of the delivery shaft for retaining engagement of the stent with the delivery shaft and allows passage therethrough upon release from the chamber (Figures 1C, 3, 4C, 7-14, 21A-21B, 22A-22B, 25A-25B, 34-36, 37A-37B, 38B-38E, 40, 45; paragraphs 0058-0060, 0069, 0079-0080, 0084, 0097-0098). Regarding claim 4, the retention lugs are deformable along an axial direction of the stent by virtue of the coiled nature of the lugs [paragraphs 0057 (“Nitinol”, locking members 36a, 36b may be coils), 0073, 0075]. Regarding claim 5, retention lugs may be of a radiopaque metallic material [Figures 8 (radiopaque markers 59), 38C (radiopaque marker 712), 45 (radiopaque markers 8); paragraphs 0057, 0061, 0064, 0070, 0073, 0076, 0078, 0093]. Regarding claims 6-8, retention lugs may be spaced apart from and/or aligned with one another in an axial direction of the stent (Figures 38C, 39A, 45; paragraphs 0075, 0101-0102), and groups of axially spaced apart retention lugs may be axially staggered from retention lugs in other groups [Figures 15C-15D, 38C, 39A, 40, 45; paragraphs 0060, 0075, 0077-0078, 0080-0081, 0101 (radiopaque marker may serve as an engagement member), 0105, 0109 (“many of the features disclosed herein are interchangeable among the various embodiments”)].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to David H. Willse, whose telephone number is 571-272-4762. The examiner can normally be reached on Monday through Thursday. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor Melanie Tyson can be reached at telephone number 571-272-9062. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID H WILLSE/ Primary Examiner, Art Unit 3774