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 .
Claim Rejections - 35 USC § 102
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.
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.
Claim(s) 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 6,626,939 (Burnside).
1. Burnside teaches a tissue expansion sleeve (stent-graft 100) comprising
a tube (graft 120) formed of woven polymer (e.g., PET woven graft 120 at col. 6, lns. 57-63);
the woven polymer forming helical trusses (see strands of woven graft 120 forming crossing-helical trusses in FIG. 1; also see FIG. 3b where the graft elements 1144, 145 are interbraided or woven with the stent filaments 112 so as to form helical trusses at the openings for stent filaments at FIG 3b and col. 7, lns. 2-4); and
a biologically active material (e.g., bioabsorbable adhesive at FIG. 21 ) disposed on an outer surface of the tube (FIG. 21; col. 16, lns. 1-7).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TODD J SCHERBEL whose telephone number is (571)270-7085. The examiner can normally be reached Mon - Fri 9:00-6:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jackie Ho can be reached at 571-272-4696. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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TJ SCHERBEL
Primary Examiner
Art Unit 3771
/TODD J SCHERBEL/Primary Examiner, Art Unit 3771