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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/3/25 has been entered.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 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.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1,5,8,9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zikorus et al. (7789876). Fig. 5 shows a delivery device 90 having a tubular outer jacket 94 having a distal end; and a tyne assembly including a shaft supporting a tyne 104 configured to grasp onto a stent frame wire; an inner jacket 92 positioned within the outer jacket, wherein the tyne assembly is positioned between the outer jacket and the inner jacket; wherein the delivery device is movable between: a delivery configuration in which a distal end of the tyne and a distal end of the inner jacket are maintained within the outer jacket, a first deployed configuration in which a portion of the tyne is maintained within the outer jacket, and the distal end of the tyne extends from a distal end of the outer jacket and axially beyond a distal end of the inner jacket, and a second deployed configuration wherein the portion of the tyne is maintained within the outer jacket. Fig. 6 shows the distal end of the tyne extends from the distal end of the outer jacket, and the distal end 96 of the inner jacket extends from the distal end of the outer jacket and axially beyond the distal end of the tyne. Regarding claim 5, Zikorus et al. show (Fig. 6) there are two tynes 104. Regarding claim 8, it can be construed Zikorus disclose a pull wire to steer, see abstract. Regarding claim 9, Fig. 4 shows there can be an inner liner 60 also with the inner shaft or jacket tube.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 3 is rejected under 35 U.S.C. 103 as being unpatentable over Zikorus et al. (7789876) in view of Lavelle (WO 2007/027830). Zikorus et al. is explained supra. However, Zikorus et al. did not explicitly disclose the inner jacket includes a body having a distal end having a tip proximate the distal end; wherein the tip is tapered and is more flexible than the body. Lavelle teaches (Fig. 3) a delivery system 30 with an outer jacket 33 and inner jacket 32. Lavelle also teaches (Fig. 3A) an inner jacket 32 has a tapered tip 32c at the distal end and is more flexible than the body, paragraph 29. It would have been obvious to one of ordinary skill in the art to provide a tapered tip on the inner jacket and be more flexible than its body as taught by Lavelle with the delivery system device of Zikorus et al. such that it provides a nontraumatic tip for protection of the patient when in a lumen, see Lavelle.
Claim(s) 6 is rejected under 35 U.S.C. 103 as being unpatentable over Zikorus et al. (7789876). Zikorus et al. is explained supra. However, Zikorus et al. did not explicitly disclose the tyne is explicitly hook shaped in an arc in a range of 180 to 360 degrees. Fig. 6 shows the end of a tyne with an arc shape, but did not explicitly detail it as hook shaped with the claimed arc range. It would have been obvious to one of ordinary skill to optimize the arc range of the end of the tip of the tyne having an arc shape to provide the necessary structure for the intended purpose of engaging tissue. A change in shape or design only involves routine skill in the art.
Claim(s) 7 is rejected under 35 U.S.C. 103 as being unpatentable over Zikorus et al. (7789876) in view of Lenker et al. (5683451). Zikorus et al. is explained supra. However, Zikorus did not explicitly detail the hook of a tine with a width in a range of 0.006-0.029 inches. Lenker et al. teach (Fig. 2) a delivery device 30 having a tyne assembly 42. Lenker et al. also teach (col. 4, lines 31,32) that the end engagement member or "hook" portion of a tine has a width that falls within a range of 0.006-0.029 inches. It would have been obvious to one of ordinary skill in the art to select the appropriate width of an end or hook of a tine as taught by Lenker et al. to be within a range of 0.006-0.029 inches for a hook end on the tine of Zikorus et al. such that the appropriate flexibility is provided but also not too wide to cause trauma or damage to the structure engaging as finding the optimal width only involves routine skill in the art.
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/BRIAN E PELLEGRINO/Primary Examiner, Art Unit 3799