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 .
Priority
This application claims priority from provisional application 62/463057 filed on 02/24/2017.
Status of Claims
Claims 1-3 and 5-18 are pending.
Claims 4 and 19-20 have been cancelled.
Claims 6-12 have been withdrawn from consideration.
Note: If the applicant wishes for withdrawn claims to be rejoined they will need amendments updating their language to be consistent with the pending claims. At least the following issues must be addressed, but the applicant is required to review the withdrawn claims for further objections, 112 issues, and 101 issues.
Claim 7 should say each of the plurality of ligatures in line 1. Claim 7 also has indefiniteness issue with the last clause because it appears to be redundant.
Claim 8 is an improper dependent because the limitations are already defined in claim 1. It is actually broader than claim 1 which creates indefiniteness issues.
Claims 10 and 11 should say each of the plurality of ligatures and ligature loops.
Claim 11 should have the last clause reviewed because in its current form it appears to already be required by claim 1. The applicant is advised to amend this clause to refer back to linked language of claim 1.
Claim 12 has the same stent language issues objected to below. Additionally, the circular thread requirement appears to be already claimed in claim 1. The applicant is advised to amend this clause to refer back to the loops of claim 1. Finally, the phrase “the point of the circular thread that is linked” in line 3 should recite “a point of the circular thread that is linked”.
Election/Restrictions
Applicant elected Species 5 (Figures 8A) without traverse on 02/11/2025.
Claim Objections
Claim 1 introduces the radial stent in line 5 and then goes on to say that the stent graft comprises at least one radial stent in lines 7-8. It is unclear if this is referring back to the previously described radial stent or if this is in addition to the previously described radial stent. The applicant is advised to more the line saying the stent graft includes at least one radial stent to the end of line 3 between “subject” and “the”. This will link the two statements, but also requires “a radial stent” in line 5 to be amended to say “the radial stent”. This amendment will bring better continuity to the claim.
Line 14 of claim 1 should be amended to recite “each corresponding radial stent”. This is more consistent and clearer than just referring to it as a stent.
Line 3 of claim 2 should be amended to recite “radial stent”. This is more consistent and clearer than just referring to it as a stent.
Line 2 of claim 3 should be amended to recite “radial stent”. This is more consistent and clearer than just referring to it as a stent.
Line 1 of claim 15 should be amended to recite “stent graft”. This is more consistent and clearer than just referring to it as a stent.
Line 1 of claim 17 should be amended to recite “stent graft”. This is more consistent and clearer than just referring to it as a stent.
Claim Rejections - 35 USC § 112
The previous 112 rejections have been withdrawn in view of the applicant’s amendments.
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 1-3, 5, and 13-18 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 1 recited “the inside surface” in lines 6-7, which renders the claim indefinite because it lacks antecedent basis. The applicant is advised to amend the claim to say “the inside surface”.
Claim 1 recited “the graft” in line 7, which renders the claim indefinite because it lacks antecedent basis. The applicant is advised to amend the claim to say “a luminal graft”. (Using the term luminal graft instead of graft will be consistent with later recitations)
Claim 1 recites “a luminal graft” in lines 10-11, which renders the claim indefinite because the graft has already been defined in line 7. The applicant is advised to amend the claim to say “the graft”.
Claim 1 recites “a wire” in line 13, which renders the claim indefinite because the graft has already been defined in line 9. The applicant is advised to amend the claim to say “the wire”.
Response to Arguments
Applicant’s arguments, see pages 5-8, filed 07/24/2026, with respect to the rejection(s) of claim(s) 1-3, 5, and 13-18 under 35 USC 112 and 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new 112 rejections have been made in view of the applicant’s amendments, which created antecedent basis issues.
Allowable Subject Matter
Claims 1-3, 5, and 13-18 would be allowable if rewritten or amended 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.
The prior art of record fails to disclose a method of implanting a stent graft at an aneurysm wherein the stent graft includes radial stents compressed by ligatures with looped ends which pass over a first strut then extend along the inside surface of the graft under an adjacent strut that are secured by a wire extending parallel to the longitudinal axis combined with additional anchor loops.
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 CHRISTOPHER D PRONE whose telephone number is (571)272-6085. The examiner can normally be reached Monday-Friday 10 am - 6 pm (HST).
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 R Tyson can be reached on (571)272-9062. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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CHRISTOPHER D. PRONE
Primary Examiner
Art Unit 3774
/Christopher D. Prone/Primary Examiner, Art Unit 3774
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