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
In response to amendments, filed April 7, 2026, claims 1, 4, 12, 14-15, and 17-18 have been amended. No further claims have been cancelled or added. Claims 1, 3-15, and 17-20 are pending.
Response to Arguments
Applicant's arguments, see Remarks, filed April 7, 2026, with respect to the claim objection have been fully considered and are persuasive. The claim objection has been withdrawn.
Applicant's arguments with respect to the prior art rejections have been fully considered but they are not persuasive.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., maximizing current flow and minimizing current cancelling; directing flow of the current in a continuous, stable, and uniform vertical and horizontal directions) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
In response to applicant's argument that Gianchandani and Martin are in opposition on having non-conductive mechanical connectors between conductive loops, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
In response to applicant's argument that the combination of Gianchandani/Martin fails to disclose using the mechanical connectors with non-conductive material to ensure uniform spacing of the stent when deployed or implanted, Examiner respectfully disagrees. Martin [0042], [0045], and [0048] describe the stent going from being compressed to then expanding during an implantation process to and taking on a generally cylindrical, or tubular, structure with controlled gaps/discontinuity along the struts due to the non-conductive connectors.
In response to applicant's argument that the combination of Gianchandani/Martin/Kotov fails to disclose the features of the plurality of conductive loops are coated in gold; and the sensory system has an outer surface of parylene, Examiner respectfully disagrees. Kotov [0012] describes a plurality of gold nanoparticles forming a nanocomposite coating over the region of the surface of the implantable component, being a stent per [0062], in order for the stent to exhibit the desired electrochemical properties. Gianchandani [0057] describes the stent device having an outer parylene layer everywhere for electrical insulation, as shown in FIG. 7D.
In response to applicant's argument that the combination of Gianchandani/Martin/Wack fails to disclose the features of wherein each of the non-conductive mechanical connectors has an embedded S-shape of the second material to facilitate stretching of the stent, Examiner respectfully disagrees.
Martin [0043/0044] describes the non-conductive mechanical connectors elements, or insulator nodes, made of non-conductive polymer epoxies for example, that are used for connecting the struts. Wack [0020] and Fig. 1 describes a serpentine shaped connector between stent rings, resembling the letter "S" lying on its side. Having the non-conductive mechanical connectors of Martin be in an embedded s-shape per Wack provides the stent matrix with capacity to undergo strain, somewhat additional to the capacity it would have if the serpentine connector were to be replaced by a short straight link connecting the stent loops (Wack [0020]). Additionally, applicant’s arguments do not align with the claim language in arguing that “the present invention utilizes the S-shape to prevent stretching of the stent,” while the claim language of claims 14 and 17 recites “S-shape of the second material to facilitate stretching of the stent.”
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1, 3-5, 7-8, 10-11, 15, 18, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gianchandani (US 20050080346 A1) in view of Martin (US 20060136039 A1).
Regarding 1, Gianchandani teaches a sensor system ([0010] stent device… to enable wireless transmission of an indication of the intraluminal characteristic; device 70) comprising: a multi-material inductive stent having a first end, a second end, and an outer perimeters the stent comprising a plurality of mechanically coupled conductive loops of a first material, the stent providing a current path between the first and second ends (Fig. 5 and Fig. 6; [0015] maintaining patency of a lumen; [0036] the structural material of the stent, e.g., stainless steel, also provides the electrical connections necessary for operation. [0049] The sensors are connected across the common electrical node via further interconnects 94 and 96 connected to the longitudinal beam 78, thereby implementing two L-C tanks when complete. [0057] The device 70 is then coated with a 0.5-.mu.m thick parylene layer 134 everywhere for electrical insulation, as shown in FIG. 7D. All surfaces of the device 70 are coated. With reference to FIG. 7E, the device 70 is then mechanically released from the sheet (or holder portion 127). Finally, an additional epoxy layer 136 is applied to a perimeter of the sensors 128 for enhancing the bonding strength.). However, Gianchandani fails to disclose non-conductive mechanical connectors.
Martin teaches an intravascular stent. Martin discloses while each of the plurality of conductive loops are coupled to an adjacent conductive loop via non-conductive mechanical connector of a second material different from the first material ([0043] Continuing with FIG. 2, the stent 50 is made up of an electrically conductive mesh which is connected by non-conductive material. Materials which can be used for constructing the conductive mesh include stainless steel, platinum and nickel titanium alloys. Materials which can be used for the non-conductive material include, for example, non-conductive polymer epoxies.).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the sensor system of Gianchandani to include each of the plurality of conductive loops coupled to an adjacent conductive loop via non-conductive mechanical connector as disclosed in Martin to connect the struts and control the current through the stent (Martin [0044]).
The combination of Gianchandani/Martin discloses:
the outer perimeter defining therewithin an interior volume (Gianchandani: Fig. 5 and Fig. 6);
a sensor member positioned along the outer perimeter (Gianchandani: pressure sensors 56, 54, 104 and 106; Fig. 3 and Fig. 5), the sensor member comprising:
a first sensor positioned proximate the first end of the stent; and a second sensor positioned proximate the second end of the stent (Gianchandani: [0012] the first and second capacitive sensors may be disposed at opposite ends of the longitudinal beam; pressure sensors 56 and 54 in Fig. 3; 104 and 106 in Fig. 5);
wherein:
each of the non-conductive mechanical connectors is configured to:
provide mechanical support and mechanically connect adjacent conductive loops together; enable uniform expansion and loop spacing of the stent upon deployment thereof; and prevent electrical shorting between each conductive loop (Martin: Fig. 2, Fig. 3A; [0044] In the embodiment shown, the conductive mesh includes struts 90, arranged in diagonal directions, as shown, and the non-conductive material includes connector elements, or insulator nodes, 95, for connecting the struts. [0042] the stent is wrapped around its central axis 60 to form a generally cylindrical, or tubular, structure where the top portion 70 of the stent is connected to the bottom portion 80 of the stent such that the stent 50 forms such a cylinder. [0045] With respect to FIG. 3A, the arrangement of a portion of the stent can be seen in detail. As can be seen, the struts 90 are interconnected by connectors 95 such that there is a continuity between strut portions in a generally vertical direction with respect to the page of FIG. 3A and there is a discontinuity along the struts 90 in the diagonal direction. The gaps between the struts are exaggerated for illustrative purposes. [0048] during an implantation process, where the stent 50 is typically compressed, inserted into a region of interest of the subject, and thereafter allowed to expand); and
the sensor system is configured to simultaneously measure blood pressure, pulse rate, and blood flow rate of blood passing through the interior volume (Gianchandani: [0033] the sensor(s) may be used for monitoring pressure or flow in the artery in which the stent device and sensor(s) are implanted).
Regarding claim 3, the combination of Gianchandani/Martin discloses the sensor system of claim 1 (Gianchandani: device 70), wherein the outer perimeter forms an inductive antenna (Gianchandani: [0032] the stent device incorporates one or more integrated antennas for telemetric communication of signals developed by one or more sensors. The antenna is integrated in the sense that the scaffolding that provides structural support also includes one or more inductances in the form of one or more helical coils).
Regarding claim 4, the combination of Gianchandani/Martin discloses the sensor system of claim 1 (Gianchandani: device 70), wherein the sensor member further comprises a first electrode, a second electrode, and a dielectric layer positioned between the first and second electrodes (Gianchandani: [0057] The device 70 is then coated with a 0.5-.mu.m thick parylene layer 134 everywhere for electrical insulation, as shown in FIG. 7D. [0062] The micromachined pressure sensor that was used in these examples consisted of a vacuum-sealed cavity capped by a 3.7-.mu.m thick p.sup.++ Si circular diaphragm with the 1-mm diameter and 5-.mu.m gap. The diaphragm had a 10-.mu.m thick boss with varied diameter for providing different dynamic range and an oxide layer on the backside for electrical protection in case of a contact between the diaphragm and a bottom electrode [capacitive pressure sensors inherently contain two electrodes with a dielectric layer between]).
Regarding claim 5, the combination of Gianchandani/Martin discloses the sensor system of claim 4 (Gianchandani: device 70), wherein the sensor member is electrically coupled to the stent via a first connection to a first side of the first electrode, the first side is proximate to the first end of the stent, a second connection to a second side of the first electrode, the second side is proximate to the second end of the stent, and a third connection to the second electrode, the third connection is proximate to a location between the first and second connections (Gianchandani: [0049] To complete the two LC tanks, capacitive pressure sensors (see FIG. 5) are mounted on first and second platforms 86 and 88. The platforms 86 and 88 may be integrally formed with the rest of the device 70 and, as such, provide an electrical connection to the coils 80 and 82 via interconnects 90 and 92, respectively. The sensors are connected across the common electrical node via further interconnects 94 and 96 connected to the longitudinal beam 78, thereby implementing two L-C tanks when complete. In this manner, the longitudinal beam 78 acts as a convenient common electrical node for the components of both LC tank circuits, namely both inductors or coils 80 and 82, and both sensors; Fig. 4).
Regarding claim 7, the combination of Gianchandani/Martin discloses the sensor system of claim 1 (Gianchandani: device 70), wherein the first sensor is configured to operate within a first resonant frequency range, and wherein the second sensor is configured to operate within a second resonant frequency range, wherein the first resonant frequency range does not overlap with the second resonant frequency range (Gianchandani: [0048] respective LC tanks 52 and 54 will transmit at the aforementioned two resonant peaks, thereby enabling two separate measurements from the two sensors 56 and 58 [104 and 106 in Fig. 5]. In the exemplary embodiment of FIG. 3, the coil 60 has three turns, while the coil 62 has three-and-one-half turns; [0056] the two sensors 104 and 106 … the deployed device 70 is permanently deformed from planar to helical shape, which consists of two separate coils with 3 and 3.5 turns in this case).
Regarding claim 8, the combination of Gianchandani/Martin discloses the sensor system of claim 1 (Gianchandani: device 70), wherein the system is configured to measure changes in at least one of blood pressure, pulse rate, or blood flow rate, using the first sensor and the second sensor, to determine a pressure gradient along a length of the stent (Gianchandani: [0033] the sensor(s) may be used for monitoring pressure or flow in the artery in which the stent device and sensor(s) are implanted… two micromachined pressure sensors are deployed at opposite ends of the device for a differential pressure measurement).
Regarding claim 10, the combination of Gianchandani/Martin discloses the sensor system of claim 1 (device 70), wherein the first and second sensors are capacitive pressure sensors (Gianchandani: [0046] first and second capacitive sensors 56 and 58 ; [0055] first and second capacitive pressure sensors 104 and 106).
Regarding claim 11, the combination of Gianchandani/Martin discloses the sensor system of claim 1 (Gianchandani: device 70), wherein the plurality of conductive loops comprise stainless steel (Gianchandani: [0057] the process flow is broken into fabrication steps shown for the device 70 … FIG. 7A, a pattern is created by .mu.EDM of a 50-.mu.m thick #304 stainless steel sheet 120).
Regarding claim 15, the combination of Gianchandani/Martin discloses the sensor system of claim 1 (Gianchandani: [0010] stent device… to enable wireless transmission of an indication of the intraluminal characteristic; device 70), wherein:
the stent is configured to be placed in a blood vessel of a patient (Gianchandani: [0033] artery in which the stent device and sensor[s] are implanted);
the first sensor is a first capacitive pressure sensor; the second sensor is a second capacitive pressure sensor (Gianchandani: [0012] the first and second capacitive sensors may be disposed at opposite ends of the longitudinal beam; pressure sensors 56 and 54 in Fig. 3; 104 and 106 in Fig. 5; and
the outer wall forms an inductive antenna capable of being interrogated by a second external inductive antenna (Gianchandani: [0032] the stent device incorporates one or more integrated antennas for telemetric communication of signals developed by one or more sensors. The antenna is integrated in the sense that the scaffolding that provides structural support also includes one or more inductances in the form of one or more helical coils).
Regarding claim 18, the combination of Gianchandani/Martin discloses the sensor system of claim 15 (Gianchandani: device 70), wherein the sensor member further comprises:
a first electrode electrically coupled to the first and second ends of the stent; a second electrode electrically coupled the stent between the first and second ends of the stent (Gianchandani: [0049] To complete the two LC tanks, capacitive pressure sensors [see FIG. 5] are mounted on first and second platforms 86 and 88. The platforms 86 and 88 may be integrally formed with the rest of the device 70 and, as such, provide an electrical connection to the coils 80 and 82 via interconnects 90 and 92, respectively. The sensors are connected across the common electrical node via further interconnects 94 and 96 connected to the longitudinal beam 78, thereby implementing two L-C tanks when complete. In this manner, the longitudinal beam 78 acts as a convenient common electrical node for the components of both LC tank circuits, namely both inductors or coils 80 and 82, and both sensors; Fig. 4);
and a dielectric material between the first and second electrodes (Gianchandani: [0057] The device 70 is then coated with a 0.5-.mu.m thick parylene layer 134 everywhere for electrical insulation, as shown in FIG. 7D. [0062] an oxide layer on the backside for electrical protection in case of a contact between the diaphragm and a bottom electrode [capacitive pressure sensors inherently contain two electrodes with a dielectric layer between]).
Regarding claim 20, the combination of Gianchandani/Martin discloses the sensor system of claim 15 (Gianchandani: device 70), wherein the first sensor is configured to operate within a first resonant frequency range, and wherein the second sensor is configured to operate within a second resonant frequency range, wherein the first resonant frequency range does not overlap with the second resonant frequency range (Gianchandani: [0048] respective LC tanks 52 and 54 will transmit at the aforementioned two resonant peaks, thereby enabling two separate measurements from the two sensors 56 and 58 [104 and 106 in Fig. 5]. In the exemplary embodiment of FIG. 3, the coil 60 has three turns, while the coil 62 has three-and-one-half turns; [0056] the two sensors 104 and 106 … the deployed device 70 is permanently deformed from planar to helical shape, which consists of two separate coils with 3 and 3.5 turns in this case).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gianchandani (US 20050080346 A1) in view of Martin (US 20060136039 A1), and in further view of Toth (US 20140081154 A1).
Regarding claim 6, the combination of Gianchandani/Martin discloses the sensor system of claim 5 (Gianchandani: device 70), wherein each of the first, second, and third connections (Gianchandani: Fig. 4, Fig. 5). However, the combination of Gianchandani/Martin fails to disclose are insulated with PDMS.
Toth teaches a system for monitoring a body includes a surgical implant configured for implantation within a body. Toth discloses connections insulated with PDMS ([0033] communication module, and/or the power supply are electrically connected by at least one flexible link. The at least one flexible link may be formed from a stretchable interconnect including at least one electrically insulating region and at least one electrically conducting region. [0034] The electrically insulating regions may be formed from one or more polymers selected from the group consisting of poly(dimethylsiloxane), perfluoropolyether, silicone-containing polyurethane, polyurethane, PFPE-PDMS block copolymers, polyisoprene, polybutadiene, fluoroolefin-based fluoroelastomers).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Gianchandani/Martin to include connections insulated with PDMS as disclosed in Toth to allow for a flexible interconnect of physically distinct electrical components (Toth [0033, 0034, 0035]).
Claim(s) 9 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Gianchandani (US 20050080346 A1) in view of Martin (US 20060136039 A1), and in further view of Ghaffari (US 20140303452 A1).
Regarding claim 9, the combination of Gianchandani/Martin discloses the sensor system of claim 1 (Gianchandani: device 70), wherein the blood pressure, pulse rate, and blood flow rate (Gianchandani: [0033] the sensor[s] may be used for monitoring pressure or flow in the artery in which the stent device and sensor[s] are implanted). However, the combination of Gianchandani/Martin fails to disclose the measurements are not degraded if the sensor member is bent with a radius of curvature of 1.5 mm.
Ghaffari teaches system, devices and methods that integrate stretchable or flexible circuitry that enables conformal sensing contact with tissues of interest, such as the inner wall of a lumen. Ghaffari discloses the measurements are not degraded if the sensor member is bent with a radius of curvature of 1.5 mm ([0282] Ultrathin conformal nanomembrane sensors, for example approximately 250 nm, embedded in or coupled to thin polyimide and elastomeric substrates, for example substrates approximately 50-100 .mu.m, in neutral mechanical plane layouts, can accommodate mechanical durability with radii of curvature greater than about 1 mm).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Gianchandani/Martin to include a sensor member that may be bent with a radius of curvature of 1.5 mm without degrading the signal as disclosed in Ghaffari to increase conformal contact, thereby increasing accuracy of measurement and effectiveness of therapy (Ghaffari [0008]).
Regarding claim 19, the combination of Gianchandani/Martin discloses the sensor system of claim 15 (Gianchandani: device 70), wherein the sensor system is capable of measuring blood pressure, blood flow rate, and pulse rate of blood flowing through the blood vessel (Gianchandani: [0033] the sensor[s] may be used for monitoring pressure or flow in the artery in which the stent device and sensor[s] are implanted). However, the combination of Gianchandani/Martin fails to disclose the sensor member capable of measuring if bent at a radius of 1.5 mm.
Ghaffari discloses if the sensor member is bent at a radius of 1.5 mm ([0282] Ultrathin conformal nanomembrane sensors, for example approximately 250 nm, embedded in or coupled to thin polyimide and elastomeric substrates, for example substrates approximately 50-100 .mu.m, in neutral mechanical plane layouts, can accommodate mechanical durability with radii of curvature greater than about 1 mm).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Gianchandani/Martin to include a sensor member that may take measurements while bent with a radius of curvature of 1.5 mm as disclosed in Ghaffari to increase conformal contact, thereby increasing accuracy of measurement and effectiveness of therapy (Ghaffari [0008]).
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gianchandani (US 20050080346 A1) in view of Martin (US 20060136039 A1), and in further view of Kotov (US 20130320273 A1).
Regarding claim 12, the combination of Gianchandani/Martin discloses the sensor system of claim 1 (Gianchandani: device 70), wherein the plurality of conductive loops (Gianchandani: [0049] electrical connection to the coils 80 and 82; Fig. 5; Martin: struts 90, Fig. 2) and the sensory system has an outer surface of parylene (Gianchandani: [0057] The device 70 is then coated with a 0.5-.mu.m thick parylene layer 134 everywhere for electrical insulation, as shown in FIG. 7D.).
However, the combination of Gianchandani/Martin fails to disclose the loops are coated in gold.
Kotov teaches implantable electrically conductive device that can be used in stents implanted in heart tissue or vasculature. Kotov discloses conductive loops coated in gold ([0012] plurality of gold nanoparticles to form a nanocomposite coating over the region of the surface of the implantable component; [0062] stent).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Gianchandani/Martin to include a gold coating as disclosed in Kotov for mechanical flexibility, while also having small dimensions (e.g., similar to a cell size) and exhibiting the desired electrochemical properties, thus being capable of serving as implantable electrodes with minimal rejection by host tissue (Kotov [0007]).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gianchandani (US 20050080346 A1) in view of Martin (US 20060136039 A1), and in further view of Matsubara (US 20150297818 A1).
Regarding claim 13, the combination of Gianchandani/Martin discloses the sensor system of claim 1 (Gianchandani: device 70), wherein each non-conductive mechanical connector (Martin: [0044] the non-conductive material includes connector elements, or insulator nodes, 95, for connecting the struts). However, the combination of Gianchandani/Martin fails to disclose the non-conductive connectors comprising polyimide.
Matsubara teaches an intravascular instrument such as an imaging catheter or guidewire with measuring capabilities is inserted into a vessel. Matsubara discloses connector comprises polyimide ([0040] five electrical conductors extending through the guidewire. The conductive bands may be electrically isolated from each other by means of epoxy or polyimide; Fig. 4).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Gianchandani/Martin to include nonconductive connectors comprising polyimide as disclosed in Matsubara to allow the electrical connection wires the flexibility/enough slack to bend and/or move with the adjustable distal portion of the device without disrupting the sensor connection (Matsubara [0042]).
Claim(s) 14 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gianchandani (US 20050080346 A1) in view of Martin (US 20060136039 A1), and in further view of Wack (US 20100249903 A1).
Regarding claim 14, the combination of Gianchandani/Martin discloses the sensor system of claim 1 (Gianchandani: device 70), wherein each of the non-conductive mechanical connectors (Martin: [0044] the non-conductive material includes connector elements, or insulator nodes, 95, for connecting the struts). However, the combination of Gianchandani/Martin fails to disclose the mechanical connectors having an s-shape.
Wack teaches a radially expansible annular stent. The combination of Gianchandani/Martin/Wack discloses has an embedded S-shape of the second material to facilitate stretching of the stent (Martin: [0043] Materials which can be used for the non-conductive material include, for example, non-conductive polymer epoxies. Wack: [0020] Looking first at FIG. 1, the skilled reader will recognise portions of two adjacent zig-zag stenting rings 2, 4 and a single connector 6 of those two adjacent rings, central in the drawing Figure. That connector 6 shows a serpentine form, resembling the letter "S" lying on its side and with the base of the letter S contiguous with one of the two zig-zag stenting rings 2, 4 and the top of the letter S contiguous with the other of the two stenting rings. Self-evidently, the serpentine form of the connector 6 provides the stent matrix with capacity to undergo strain, somewhat additional to the capacity it would have if the serpentine connector 6 were to be replaced by a short straight link connecting the two zig-zag stenting rings 2, 4.).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Gianchandani/Martin to include the mechanical connectors having an S-shape as disclosed in Wack to provide the stent with a greater capacity to undergo strain (Wack [0020]).
Regarding claim 17, the combination of Gianchandani/Martin discloses the sensor system of claim 15 (Gianchandani: device 70), wherein each of the non-conductive mechanical connectors (Martin: [0044] the non-conductive material includes connector elements, or insulator nodes, 95, for connecting the struts). However, the combination of Gianchandani/Martin fails to disclose the non-conductive mechanical connectors having an s-shape.
The combination of Gianchandani/Martin/Wack discloses has an embedded S-shape of the second material to facilitate stretching of the stent (Martin: [0043] Materials which can be used for the non-conductive material include, for example, non-conductive polymer epoxies. Wack: [0020] Looking first at FIG. 1, the skilled reader will recognise portions of two adjacent zig-zag stenting rings 2, 4 and a single connector 6 of those two adjacent rings, central in the drawing Figure. That connector 6 shows a serpentine form, resembling the letter "S" lying on its side and with the base of the letter S contiguous with one of the two zig-zag stenting rings 2, 4 and the top of the letter S contiguous with the other of the two stenting rings. Self-evidently, the serpentine form of the connector 6 provides the stent matrix with capacity to undergo strain, somewhat additional to the capacity it would have if the serpentine connector 6 were to be replaced by a short straight link connecting the two zig-zag stenting rings 2, 4.).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Gianchandani/Martin to include the mechanical connectors having an S-shape as disclosed in Wack to provide the stent with a greater capacity to undergo strain (Wack [0020]).
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOLLY HALPRIN whose telephone number is (703)756-1520. The examiner can normally be reached 12PM-8PM ET.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert (Tse) Chen can be reached at (571) 272-3672. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/M.H./Examiner, Art Unit 3791
/DEVIN B HENSON/Primary Examiner, Art Unit 3791
Prosecution Insights