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 .
The first inventor to file provisions of the Leahy-Smith America Invents Act (AIA ) apply to any application for patent, and to any patent issuing thereon, that contains or contained at any time—
(A) a claim to a claimed invention that has an effective filing date on or after March 16, 2013 wherein the effective filing date is:
(i) if subparagraph (ii) does not apply, the actual filing date of the patent or the application for the patent containing a claim to the invention; or
(ii) the filing date of the earliest application for which the patent or application is entitled, as to such invention, to a right of priority under 35 U.S.C. 119, 365(a), or 365(b) or to the benefit of an earlier filing date under 35 U.S.C. 120, 121, or 365(c); or
(B) a specific reference under 35 U.S.C. 120 , 121, or 365(c), to any patent or application that contains or contained at any time a claim as defined in paragraph (A), above.
Status of the Claims
Claim(s) 1-13 and 21-27 is/are pending. Claim(s) 14-20 is/are canceled.
Claim(s) 1-5 and 21-27 are allowed.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 1/9/2026 has been entered.
Response to Arguments
Applicant's arguments, with respect to the prior art and claims 6-13, filed 1/9/2026 have been fully considered but they are not persuasive.
Applicant argues the amended claim language is not taught by the prior art.
The Examiner notes the amendment to claim 6 is broader than that for claim 1. Specifically, claim 1 defines the internal surface portion as “surrounding the sacrificial port”, which indicates that it is some thickness of material that is adjacent to the sacrificial port. Claim 6 does not introduce the “internal surface portion” and this this phrase alone is broad and the interpretation that it is the edge of the sacrificial port opening reads on what is claimed in claim 6. Therefore, Applicant’s arguments with respect to claim 6 are not persuasive.
Claim Objections
Claim 10 is objected to because of the following informalities:
Claim 10 recites “the first and second”, which should be “the first and the second”.
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 6-13 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 6 recites the limitation "the internal surface portion". There is insufficient antecedent basis for this limitation in the claim. For purposes of examination the Examiner notes this language is being interpreted as “an internal surface portion”.
Claim(s) 7-13 are rejected as dependent from a rejected claim.
Claim 6-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Greenberg, et al (Greenberg) (US 2007/0250154 A1) in view of Treacy, et al (Treacy) (US 2016/0199207).
Regarding Claim 6, Greenberg teaches a staged-deployment stent graft assembly (e.g. Figures 15H-M, abstract) comprising:
a main stent graft (e.g. annotated Figure 15L below, the main trunk, the left partial leg, the right full leg, and side arm #106, not including any further branches from the branches directly attached to the main trunk; Figure 15A, #104, [0084]) having a sacrificial port extending therefrom (e.g. [0084], [0094], port #112), the main stent graft having a compressed state and an expanded state (e.g. [0084]);
an internal stent cuff (e.g. Figures 15K-M, [0094], #140) located within the stent graft (e.g. Figure 15M, [0094], the top, as show, end is located in #106), the internal stent cuff having a constricted state and a non-constricted state (e.g. Figures 15K-L versus Figure 15M), the internal stent cuff having a distal end, a proximal end, and a body extending therebetween (e.g. Figure 15L, these features are inherently present), the internal stent cuff abuts [an] internal surface portion of the main stent graft when the main stent graft is in the expanded state (e.g. [0084], [0094], the edges of the hole in the main stent graft in which the port is located).
Greenberg discloses the invention substantially as claimed but fails to teach:
filament loops maintaining the internal stent cuff in the constricted state; and
a release configured to manipulate the filament loops to transition the internal stent cuff from the constricted state to the non-constricted state to close the sacrificial port when the main stent graft is in the expanded state; the release configured to continuously extend external to the internal cuff from the distal end to the proximal end of the internal cuff structure.
Treacy teaches filament loops maintaining the internal stent cuff in the constricted state (e.g. Figures 5-6, loops #s 6); and
a release (e.g. Figures 5-6, #8) configured to manipulate the filament loops to transition the internal stent cuff from the constricted state to the non-constricted state to close the sacrificial port when the main stent graft is in the expanded state (e.g. [0026]-[0027]); the release configured to continuously extend external to the internal cuff from the distal end to the proximal end of the internal cuff structure (e.g. Figures 5-6).
Treacy and Greenberg are concerned with the same field of endeavor as the claimed invention, namely stent-grafts delivered from a compressed/constricted condition to an expanded/non-constricted condition.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Greenberg such that there is a filament and release as claimed and as taught by Treacy as it is combining prior art elements according to known methods (here, means to hold a stent graft in a delivery configuration) to yield predictable results (MPEP 2143(I)). Here, the results are predictable because each claimed element performs in the same manner in the combination as it does separately. Specifically, the stent graft is delivered to the implant location and used as in Greenberg, while the filament/release mechanism of Treacy holds the stent graft in constrained configuration for delivery.
Regarding Claim 7, the internal stent cuff includes a graft material and stents (e.g. Greenberg, [0094], covered stent), and the filament loops are attached to the graft material (e.g. Treacy, Figures 5-6) to constrain the stents to maintain the internal stent cuff in the constricted state (e.g. Treacy, Figures 5-6).
Regarding Claim 8, the filament loops are axially aligned with the stents of the internal stent cuff (e.g. Treacy, Figures 5-6, [0029]; there is inherently some relative alignment at each loop and these loops are aligned axially).
Regarding Claim 9, the filament loops are looped about themselves such that first and second looped ends of each filament loop extend through each other (e.g. Treacy, Figure 6).
Regarding Claim 10, the release is a release wire extending through the first and second looped ends of each filament loop (e.g. Treacy, [0026]) to maintain the filament loops in a closed position (e.g. Treacy, [0026]).
Regarding Claim 11, the filament loops are configured to separate when the release wire is released from the filament loops (e.g. Treacy, [0026]-[0027]), thereby allowing the internal stent cuff to transition from the constricted state to the non-constricted state (e.g. Treacy, [0026]-[0027]; Greenberg as discussed supra for claim 6 regarding the constricted and non-constricted states).
Regarding Claim 12, the filament loops are formed from sutures (e.g. Treacy, [0024]).
Regarding Claim 13, the filament loops are formed from wires or threads (e.g. Treacy, [0024], sutures are threads).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LESLIE A LOPEZ whose telephone number is (571)270-7044. The examiner can normally be reached 8:30 AM - 5:30 PM, MST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, THOMAS BARRETT can be reached at (571)272-4746. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LESLIE A LOPEZ/Primary Examiner, Art Unit 3774 4/17/2026
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