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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Response to Amendment
The amendment filed 02/26/2025 has been entered. Claims 1-18, 25, and 28 remain pending. Claims 19-24 and 26-27 have been cancelled. Claim 28 has been added. Claims 14-21 remain withdrawn.
Response to Arguments
Applicant’s arguments with respect to claims 1 and 28 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Regarding the new limitation “wherein the body portion and the cuff portion are both curved about an axis substantially perpendicular to a plane defined by the body portion in the first configuration, the body portion having a first curved length defined between the first attachment point and the second attachment point in the first configuration, and the cuff portion having a second curved length defined between the third attachment point and the fourth attachment point in the first configuration, the second curved length being greater than the first curved length”, Applicant argues that the prior art does not disclose this feature. However, the Examiner has applied a new rejection below, as Christianson discloses however a flat template for sizing and shaping an outer/inner covering that goes on either the inner or outer sides of the implant (see flat template in Figure 19), in which the covering is to be sized and shaped as the stent and that is then rolled together (see paragraphs [0088]) and attached at the ends to form a second configuration to cover the entire inside or outside of the outer or inner face of the stent (see paragraph [0066]). This flat template comprises a curved first configuration, having a portion that is to cover the body portion and that is cover the cuff portion, wherein the body portion and the cuff portion are both curved about an axis substantially perpendicular to a plane defined by the body portion in the first configuration (see annotated axis, portion to cover the body portion (being the cuff portion of the template), and the portion to cover the cuff portion (being the cuff portion of the template)), the body portion having a first curved length defined between the first attachment point and the second attachment point in the first configuration, and the cuff portion having a second curved length defined between the third attachment point and the fourth attachment point in the first configuration, the second curved length being greater than the first curved length (see annotated first and second curved length, first, second, third, and fourth attachment points in Figure 19 below, see also paragraph [0088] denoting that the two ends of the covering 536a and 536b are connected together to form a second configuration that is then able to cover the stent in the second configuration).
PNG
media_image1.png
616
883
media_image1.png
Greyscale
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing invention for the first configuration of the stent of Christianson as modified to have a curved first configuration, wherein the body portion and the cuff portion are both curved about an axis substantially perpendicular to a plane defined by the body portion in the first configuration, the body portion having a first curved length defined between the first attachment point and the second attachment point in the first configuration, and the cuff portion having a second curved length defined between the third attachment point and the fourth attachment point in the first configuration, the second curved length being greater than the first curved length, as the flat covering template that is to have the same shape and size as the inner or outer surfaces of the stent and therefore able to be sized to cover the entire inner and outer faces of the stent (see paragraph [0066]) in an assembled configuration (rolled up and two ends of the covering to cover to or make ready to couple to the frustoconical frame, as disclosed in paragraph [0088]), has this configuration, meaning that the stent would also have this curved configuration cut at the two attachment points and laid flat.
As the stent covering template used to size and shape the covering to the stent uses a forming process that includes a curved first planar configuration, eventually then rolling up the covering template an attaching the two ends (535a, 536b) to enable the covering to cover the entirety of either the outer or inner surface of the stent (see paragraphs [0066] and [0088]), it is reasonable to infer that the first configuration of Christianson (which could be capable of being cut at the attachment points and laid flat), would have the same shape as the flat covering template. The Examiner would also like to note that it was agreed upon in the Examiner interview that the second configuration of the Instant Application and Christianson is identical, which would also give reasonable certainty that if the stent was cut at the attachment points, that the first configuration of the stent would also be identical to that of the Instant Application (which is also identical to the covering template flat configuration).
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 4 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 4 fails to further limit claim 1, as the cuff portion being curved about the axis is already introduced in claim 1. Applicant may cancel the claim, amend the claim to place the claim in proper dependent form, rewrite the claim in independent form, or present a sufficient showing that the dependent claim complies with the statutory requirements.
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-7, 9-13, and 25 are rejected under 35 U.S.C. 103 as being unpatentable over US 20180271651 A1 (hereafter --Christianson--), in view of US 20120271398 A1 (hereafter --Essinger--).
Regarding Claim 1, Christianson discloses a stent having a frustoconical second configuration (see first and second configuration in Figures 13-15 below, see paragraph [0038] denoting that the stent can be laser cut then expanded, the second configuration being the expanded diameter and the first configuration being the smaller diameter), comprising:
a plurality of cells arranged in rows that extend from a proximal end to a distal end, the plurality of cells defining a body portion and a cuff portion disposed adjacent, and directly coupled, to the body portion and directly coupled thereto, each of the rows being assigned to either the body portion or the cuff portion (see annotated plurality of cells, rows, body portion, and cuff portion in Figures 14 and 15 below); the body portion having a first end, a second end, a first attachment point at the first end, and a second attachment point at the second end (see annotated first and second ends and first and second attachment points in Figure 13 below),
the body portion in the second configuration being curved about an axis substantially perpendicular to the plane (see annotated axis and second configuration in Figure 14 below), and the first end and the second end of the body portion being directly joined only at the first attachment point and the second attachment point in the second configuration;
the cuff portion having a first end, a second end, a third attachment point at the first end and a fourth attachment point at the second end, and the first end and the second end of the cuff portion being directly joined only at the third attachment point and the fourth attachment point in the second configuration (see third and fourth attachment points in second configuration in Figure 15 below);
and a covering engaged to at least one of an interior surface or an exterior surface of the body portion (see paragraph [0066] denoting the covering can be engaged with an exterior or interior surface of the implant), wherein a first end of the covering is attached to the first attachment point, and at least one of a second end of the covering or a portion of the covering spaced from the second end of the covering is attached to the second attachment point (see paragraph [0066] denoting that the entire stent 520 can be covered by a covering on its entire internal or external side, in which the covering would be attached to both the first attachment point and the second attachment point at a first and second “end” of the covering).
PNG
media_image2.png
616
1365
media_image2.png
Greyscale
PNG
media_image3.png
690
805
media_image3.png
Greyscale
However, despite Christianson disclosing a visual of a first configuration that is flat and within a first plane (see paragraph [0084] denoting that Figure 13 is a depiction of a flat initial state of the unrolled and flat sheet), Christianson fails to disclose the stent actually having a first configuration that is flat and planar, wherein the first attachment point is spaced from the second attachment point in the first configuration, wherein the cuff portion in the first configuration lies substantially in the first plane, and the third attachment point being spaced from the fourth attachment point in the first configuration, as well as fails to disclose wherein the body portion and the cuff portion are both curved about an axis substantially perpendicular to a plane defined by the body portion in the first configuration, the body portion having a first curved length defined between the first attachment point and the second attachment point in the first configuration, and the cuff portion having a second curved length defined between the third attachment point and the fourth attachment point in the first configuration, the second curved length being greater than the first curved length.
Essinger discloses a stent having a cuff portion and a body portion, the body portion having a first attachment point and a second attachment point, and the cuff portion having a fourth attachment point and a fourth attachment point (see annotated attachment points and portions in Figure 1 below). Essinger teaches the stent having a first and second configuration, wherein the body portion in the first configuration lies substantially in the first plane a first configuration that is flat and planar, wherein the first attachment point is spaced from the second attachment point in the first configuration, wherein the cuff portion in the first configuration lies substantially in the first plane, and the third attachment point being spaced from the fourth attachment point in the first configuration (see paragraph [0082] denoting that the stent may be cut from a single sheet of material, and then subsequently rolled and welded to the desired diameter, or that the stent may be cut from a tube and then step-by-step expanded up to its final diameter by heat treatment on a mandrel, as taught in Christianson, both yielding the same final product of the stent 101, and thereby equivalent methods of forming a stent).
PNG
media_image4.png
582
709
media_image4.png
Greyscale
Therefore, the substitution of one known manufacturing method (the manufacturing method of cutting the stent from a flat sheet, then rolling up and welding the connection points to the desired diameter as taught by Essinger) for another (the manufacturing method of laser cutting the stent from a tube then expanding it as disclosed Christianson and Essinger) would have been obvious to one of ordinary skill in the art at the time of the invention since the substitution of the manufacturing method of cutting the stent from a flat sheet, rolling it up, and welding the ends as shown in Essinger would have yielded predictable results, namely, a final product of a self-expanding stent formed from a suitable shape memory or superelastic material or combination of materials (e.g., nitinol) at a desired diameter in a concentric second configuration. The modification yields the first configuration being a flat sheet, wherein the body portion in the first configuration lies substantially in the first plane a first configuration that is flat and planar, wherein the first attachment point is spaced from the second attachment point in the first configuration, wherein the cuff portion in the first configuration lies substantially in the first plane, and the third attachment point being spaced from the fourth attachment point in the first configuration, as taught by Essinger (see paragraph [0082]).
Christianson further fails to disclose the stent having a curved first configuration, wherein the body portion and the cuff portion are both curved about an axis substantially perpendicular to a plane defined by the body portion in the first configuration, the body portion having a first curved length defined between the first attachment point and the second attachment point in the first configuration, and the cuff portion having a second curved length defined between the third attachment point and the fourth attachment point in the first configuration, the second curved length being greater than the first curved length.
Christianson discloses however a flat template for sizing and shaping an outer/inner covering that goes on either the inner or outer sides of the implant (see flat template in Figure 19), in which the covering is to be sized and shaped as the stent and that is then rolled together (see paragraphs [0088]) and attached at the ends to form a second configuration to cover the entire inside or outside of the outer or inner face of the stent (see paragraph [0066]). This flat template comprises a curved first configuration, having a portion that is to cover the body portion and that is cover the cuff portion, wherein the body portion and the cuff portion are both curved about an axis substantially perpendicular to a plane defined by the body portion in the first configuration (see annotated axis, portion to cover the body portion (being the cuff portion of the template), and the portion to cover the cuff portion (being the cuff portion of the template)), the body portion having a first curved length defined between the first attachment point and the second attachment point in the first configuration, and the cuff portion having a second curved length defined between the third attachment point and the fourth attachment point in the first configuration, the second curved length being greater than the first curved length (see annotated first and second curved length, first, second, third, and fourth attachment points in Figure 19 below, see also paragraph [0088] denoting that the two ends of the covering 536a and 536b are connected together to form a second configuration that is then able to cover the stent in the second configuration).
PNG
media_image1.png
616
883
media_image1.png
Greyscale
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing invention for the first configuration of the stent of Christianson as modified to have a curved first configuration, wherein the body portion and the cuff portion are both curved about an axis substantially perpendicular to a plane defined by the body portion in the first configuration, the body portion having a first curved length defined between the first attachment point and the second attachment point in the first configuration, and the cuff portion having a second curved length defined between the third attachment point and the fourth attachment point in the first configuration, the second curved length being greater than the first curved length, as the flat covering template that is to have the same shape and size as the inner or outer surfaces of the stent and therefore able to be sized to cover the entire inner and outer faces of the stent (see paragraph [0066]) in an assembled configuration (rolled up and two ends of the covering to cover to or make ready to couple to the frustoconical frame, as disclosed in paragraph [0088]), has this configuration, meaning that the stent would also have this curved configuration cut at the two attachment points and laid flat.
Regarding Claim 2, Christianson discloses the stent according to claim 1, further comprising an engagement portion extending from the body portion substantially in a direction toward the axis (see annotated engagement portion in Figures 13-15 above).
Regarding Claim 3, Christianson discloses the stent according to claim 1, wherein the cuff portion in the first configuration (as modified by Essinger) extends from the body portion in directions away from the axis (see annotated cuff and body portion in Figures 14 and 15 above).
Regarding Claim 4, Christianson discloses the stent according to claim 1, wherein the cuff portion in the first configuration (as modified by Essinger) is curved about the axis (see curved cuff portion in Figure 13 above).
Regarding Claim 5, Christianson discloses the stent according to claim 1, wherein the body portion in the second configuration is at a first radial distance from the axis and the cuff portion in the first configuration is at a second radial distance from the axis, the second radial distance being greater than the first radial distance (see annotated first and second radial distances and axis in Figure 15 below).
PNG
media_image5.png
311
397
media_image5.png
Greyscale
Christianson fails to disclose wherein the body portion in the first configuration is at a first radial distance from the axis and the cuff portion in the first configuration is at a second radial distance from the axis, the second radial distance being greater than the first radial distance.
However, the “first configuration” is being given limited patentable weight, as it is an intermediate product and not the final product. Characteristics of an intermediate product cannot be given full patentable weight, as stents can go through different manufacturing processes, but end up with the same final product. Although the body portion is not curved in the first configuration in Figure 13 above, the final product (second configuration) of Christianson is almost identical to the Instant Application. The Instant Application does not disclose the body portion in the first configuration being at a first radial distance from the axis and the cuff portion in the first configuration is at a second radial distance from the axis, the second radial distance being greater than the first radial distance solves any problem or is for any particular purpose, nor does it place criticality on the limitation. The Instant Application explicitly discloses that the first configuration can be flat and not curved, in which the final (second) configuration ends up being the same (see Figure 7 and paragraph [0040] of the Instant Application). It appears that Christianson’s final product (second configuration) would perform equally and function as intended if the body portion was not curved about the axis perpendicular to the plane, therefore having a “radial distance” less than the “radial distance” of the cuff in the first configuration.
Therefore, it would have been obvious to one having ordinary skill in the art to make the body portion in the first configuration being at a first radial distance from the axis and the cuff portion in the first configuration is at a second radial distance from the axis, the second radial distance being greater than the first radial distance, as an obvious matter of design choice within the skill of the art.
Regarding Claim 6, Christianson discloses the stent according to claim 1, wherein the first attachment point is connected to the second attachment point in the second configuration of the body portion to form a first joined portion (see annotated first joined portion in Figure 15 above).
Regarding Claim 7, Christianson discloses the stent according to claim 1, wherein the body portion is concentric about the axis in the second configuration (see annotated body portion in Figures 14 and 15 above).
Regarding Claim 9, Christianson discloses the stent according to claim 1, wherein the covering is engaged to the interior surface of the body portion (see paragraph [0066]).
Regarding Claim 10, Christianson discloses the stent according to claim 1, wherein the covering comprises one of tissue or a synthetic material (see paragraph [0042]).
Regarding Claim 11, Christianson discloses the stent according to claim 1, wherein a first end of the covering is attached to the first attachment point, and at least one of a second end of the covering or a portion of the covering spaced from the second end of the covering is attached to the second attachment point (see paragraph [0066] describing that an inner or outer covering, may cover all of the stent on the surface of the stent). When the covering of Christianson is attached to the entire inner surface of the stent, the skirt is attached to the first and second attachment points at a first and second end of the covering.
Regarding Claim 12, Christianson discloses the stent according to claim 1.
Christianson fails to disclose wherein the body portion in the first configuration has a continuous elliptical shape about an axis substantially perpendicular to the first plane.
However, the “first configuration” is being given limited patentable weight, as it is an intermediate product and not the final product. Characteristics of an intermediate product cannot be given full patentable weight, as stents can go through different manufacturing processes, but end up with the same final product. Although the body portion is not curved in the first configuration in Figure 13 above, the final product (second configuration) of Christianson is almost identical to the Instant Application. The Instant Application does not disclose wherein the body portion in the first configuration has a continuous elliptical shape about an axis substantially perpendicular to the first plane solves any problem or is for any particular purpose, nor does it place criticality on the limitation. The Instant Application explicitly discloses that the first configuration can be flat and not curved, in which the final (second) configuration ends up being the same (see Figure 7 and paragraph [0040] of the Instant Application). It appears that Christianson’s final product (second configuration) would perform equally and function as intended if the body portion was not curved about the axis perpendicular to the plane, therefore having a “radial distance” less than the “radial distance” of the cuff in the first configuration.
Therefore, it would have been obvious to one having ordinary skill in the art to make wherein the body portion in the first configuration has a continuous elliptical shape about an axis substantially perpendicular to the first plane, as an obvious matter of design choice within the skill of the art.
Regarding Claim 13, Christianson discloses a prosthetic heart valve (500) comprising: a stent (520) according to claim 1; and a valve assembly secured to the stent (see Abstract, see also paragraphs [0067], [0072], and [0073]).
Regarding Claim 25, Christianson discloses stent according to claim 1, wherein the first attachment point is disposed on a first side edge of a closed first cell, the second attachment point is disposed on a second side edge of a closed second cell, and the first attachment portion is coupled to the second attachment portion to couple the first closed cell to the second closed cell (see annotated first and second closed cells, first joined portion, and first and second attachment points in Figure 15 below); and wherein the third attachment point is disposed on a third side edge of a closed third cell, the fourth attachment point is disposed on a fourth side edge of a closed fourth cell, and the third attachment portion is coupled to the fourth attachment portion to couple the third closed cell to the fourth closed cell (see annotated third and fourth closed cells, second joined portion, and third and fourth attachment points in Figure 15 below).
PNG
media_image6.png
342
673
media_image6.png
Greyscale
PNG
media_image7.png
317
693
media_image7.png
Greyscale
Claim 28 is rejected under 35 U.S.C. 103 as being unpatentable over US 20180271651 A1 (hereafter --Christianson--).
Regarding Claim 28, Christianson discloses a stent comprising: a plurality of cells arranged in rows that extend from a proximal end to a distal end, the plurality of cells defining a body portion and a cuff portion disposed adjacent, and directly coupled, to the body portion, each of the rows being assigned to either the body portion or the cuff portion (see annotated plurality of cells, rows, body portion, and cuff portion in Figures 14 and 15 below); the body portion having a first end, a second end, a first attachment point at the first end, and a second attachment point at the second end, the first attachment point being spaced from the second attachment point (see annotated first and second ends and first and second attachment points in Figure 13 below), the cuff portion having a first end, a second end, a third attachment point at the first end and a fourth attachment point at the second end, the third attachment point being spaced from the fourth attachment point (see first and second ends, as well as the third and fourth attachment points in second configuration in Figures 13 and 15 below).
PNG
media_image2.png
616
1365
media_image2.png
Greyscale
Christianson fails to disclose a stent having a curved planar configuration, comprising: wherein the body portion lies substantially in a first plane, wherein the cuff portion lies substantially in the first plane, and wherein the body portion and the cuff portion are both curved about an axis substantially perpendicular to a plane defined by the body portion, the body portion having a first curved length defined between the first attachment point and the second attachment point, and the cuff portion having a second curved length defined between the third attachment point and the fourth attachment point, the second curved length being greater than the first curved length.
Christianson discloses however a flat template for sizing and shaping an outer/inner covering that goes on either the inner or outer sides of the implant (see flat template in Figure 19), in which the covering is to be sized and shaped as the stent and that is then rolled together (see paragraphs [0088]) and attached at the ends to form a second configuration to cover the entire inside or outside of the outer or inner face of the stent (see paragraph [0066]). This flat template comprises a curved planar configuration, having a portion that is to cover the body portion and that is cover the cuff portion, wherein the body portion and the cuff portion are both curved about an axis substantially perpendicular to a plane defined by the body portion in the first configuration (see annotated axis, portion to cover the body portion (being the cuff portion of the template), and the portion to cover the cuff portion (being the cuff portion of the template)), wherein the body portion lies substantially in a first plane and wherein the cuff portion lies substantially in the first plane (see paragraph [0088] denoting the template is laid flat and is unassembled) the body portion having a first curved length defined between the first attachment point and the second attachment point in the first configuration, and the cuff portion having a second curved length defined between the third attachment point and the fourth attachment point in the first configuration, the second curved length being greater than the first curved length (see annotated first and second curved length, first, second, third, and fourth attachment points in Figure 19 below, see also paragraph [0088] denoting that the two ends of the covering 536a and 536b are connected together to form a second configuration that is then able to cover the stent in the second configuration).
PNG
media_image1.png
616
883
media_image1.png
Greyscale
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing invention for the first configuration of the stent of Christianson as modified to have a curved planar configuration, wherein the body portion lies substantially in a first plane and wherein the cuff portion lies substantially in the first plane, wherein the body portion and the cuff portion are both curved about an axis substantially perpendicular to a plane defined by the body portion in the first configuration, the body portion having a first curved length defined between the first attachment point and the second attachment point in the first configuration, and the cuff portion having a second curved length defined between the third attachment point and the fourth attachment point in the first configuration, the second curved length being greater than the first curved length, as the flat covering template that is to have the same shape and size as the inner or outer surfaces of the stent and therefore able to be sized to cover the entire inner and outer faces of the stent (see paragraph [0066]) in an assembled configuration (rolled up and two ends of the covering to cover to or make ready to couple to the frustoconical frame, as disclosed in paragraph [0088]), has this configuration, meaning that the stent would also have this curved configuration cut at the two attachment points and laid flat.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Christianson in view of Essinger as applied to claim 6 above, and further in view of US 20060173537 A1 (hereafter –Yang--).
Regarding Claim 8, Christianson as modified discloses the stent according to claim 6.
Christianson as modified fails to disclose wherein the first joined portion comprises one of a hook received within a receptacle or a knot.
Yang discloses a stent having a first configuration and a second configuration, the first configuration being flat, and the second configuration being curved about an axis (see paragraph [0070]; the body portion having a first end, a second end, a first attachment point at the first end, and a second attachment point at the second end (see annotated first and second ends and first and second attachment points in Figure 7 below), the body portion in the second configuration being curved about an axis substantially perpendicular to the plane (see paragraph [0070]), the first attachment point being spaced from the second attachment point in the first configuration (see annotated first configuration and first and second attachment points in Figure 7 below), and the first end and the second end of the body portion being directly joined only at the first attachment point and the second attachment point in the second configuration (see first and second attachment points in Figure 7 below); wherein the cuff portion in the first configuration lies substantially in the first plane, the cuff portion having a first end, a second end, a third attachment point at the first end and a fourth attachment point at the second end, the third attachment point being spaced from the fourth attachment point in the first configuration (see annotated first and second ends and third and fourth attachment points in Figure 7 below), and the first end and the second end of the cuff portion being directly joined only at the third attachment point and the fourth attachment point in the second configuration (see third and fourth attachment points in in Figure 7 below, see also paragraph [0070]). Yang teaches wherein the first joined portion comprises one of a hook (216) received within a receptacle (218/220) (see paragraph [0070]).
PNG
media_image8.png
347
1172
media_image8.png
Greyscale
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have the stent of modified Christianson have the first joined portion comprise of a hook received within a receptacle, as taught by Yang, as by doing so would ensure even unfurling of the stent and would lock the stent into the second concentric (tube) configuration (see paragraph [0070]).
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 PARIS MARIE BLASS whose telephone number is (703)756-5375. The examiner can normally be reached Monday - Thursday 9 a.m. - 7 p.m. 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, Melanie Tyson can be reached at 571-272-9062. 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.
/PARIS MARIE BLASS/Examiner, Art Unit 3774
/SARAH W ALEMAN/Primary Examiner, Art Unit 3774
Prosecution Insights