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 .
Election/Restrictions
Applicant’s election without traverse of Species I in the reply filed on 11/18/25 is acknowledged.
Claims 4-6, 8-18 and 20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/18/25.
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 2, 3 and 7 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 2, line 5 does not mention the “first end of the downstream edge of the second valve leaflet, making the line indefinite. In line 5, the Examiner suggest to add between the words: “of” and “the first valve” the following: --- each of --- and delete the word: “of” between the words: “and” and “the” to overcome the rejection.
In claim 2, line 6 delete the word: “each” between the words: “are” and “connected”.
Claim 7, line 2, the phrase: “the downstream adjacent strut row” lack antecedent basis. In order to overcome the rejection, claim 7 have to depend of claim 3 instead of claim 2. Correction is required.
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 1 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shoemaker et al US patent Pub. 2005/0137681A1.
NOTE: The phrase: “forming a closed, circumferential jacket” have been interpreted broadly and the Examiner is just looking for a sheath surrounding the support structure around the exterior or interior of the structure capable of blocking fluid from the luminal to the abluminal surfaces of the implant or vice versa.
The word: “connected to” can be interpreted as directly or an indirectly connection.
Shoemaker et al discloses a venous valve prosthesis for transporting blood in a vein in a predetermined direction, comprising: a hollow-cylindrical support structure; a skirt connected to the support structure forming a closed, circumferential jacket of the support structure; and a valve leaflet arrangement with a first valve leaflet and a second valve leaflet. Each leaflet being connected to the skirt, wherein a downstream edge of the first valve leaflet and a downstream edge of the second valve leaflet are opposite to each other. Wherein the ratio of the inner diameter of the support structure to its length in the predetermined direction is at most 1 (it can be less). See Figure below for the interpretation of each element.
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Regarding claim 19, see paragraph 44.
Allowable Subject Matter
Claims 2, 3 and 7 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALVIN J STEWART whose telephone number is (571)272-4760. The examiner can normally be reached Monday-Friday 8:30AM-6PM EST.
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/ALVIN J STEWART/Primary Examiner, Art Unit 3799 12/09/25