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 .
Response to Arguments
Applicant’s arguments with respect to claim(s) 70-72, 74 and 76-82 have been considered but are moot because the new ground of rejection over Hamel et al. US 2020/0187954.
Hamel et al. discloses a tubular mesh 300 comprising the first and second mesh comprising petal-shaped regions, and a passageway within catheter 12 between the first and second petal-shaped regions for delivering a coil 150 into the aneurysm (see annotated figure 7A below).
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Claim Rejections - 35 USC § 102
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) 70, 71, 72, 74, 76, 77, 78, 79, 80 and 82 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hamel et al. US 2020/0187954.
Regarding claims 70, 71, and 74, Hamel et al. discloses a system for treating an aneurysm, the system comprising: an occlusive device 300 (figure 3A, 7A) comprising:
a first mesh formed from a first tubular braid (see annotated figures 3A, 7A below), the first mesh including a first petal- shaped region (see annotated figures 3A, 7A below) formed from a first flattened section of the first tubular braid (paragraph 0014, mesh is a flattened tubular braid); and
a second mesh coupled to the first mesh (see annotated figures 3A, 7A below, coupled through undulations 301), the second mesh formed from a second tubular braid (paragraph 0014, mesh is a flattened tubular braid), the second mesh including a second petal-shaped region formed from a second flattened section of the second tubular braid (see annotated figures 3A, 7A below),
wherein, when the occlusive device is deployed within the aneurysm (figure 7A, aneurysm A), the first and second petal-shaped regions are configured to extend partially over a neck of the aneurysm (figure 7A) and define a passageway between the first and second petal-shaped regions through the neck of the aneurysm (passageway within catheter 12, figure 7A), and a coil 150 configured to be delivered through the passageway and into the aneurysm (figure 7A, 7B, paragraph 0432, 0433, embolic coil 150 or additional embolic members may be inserted), wherein the first mesh comprises a first tip connected to the first petal shaped region (see annotated figures 3A, 7A below), and the second mesh comprises a second tip connected to the second petal-shaped region (see annotated figures 3A, 7A below), wherein the first and second tubular braids are the same tubular braid (mesh 300, figure 3A).
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Regarding claim 72, Hamel et al. discloses wherein the first and second tips are rounded (figure 7A, tips are curved or rounded conforming to the aneurysm wall).
Regarding claim 76, Hamel et al. discloses wherein: the first petal-shaped region includes a proximal portion configured to cover the neck N of the aneurysm (see annotated figure 7A below), and a distal portion configured to engage a wall of the aneurysm (see annotated figure 7A below), and the second petal-shaped region includes a proximal portion configured to cover the neck of the aneurysm (see annotated figure 7A below), and a distal portion configured to engage the wall of the aneurysm (see annotated figure 7A below).
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Regarding claim 77, Hamel et al. discloses wherein the first mesh includes a first proximal end region connected to the first petal-shaped region (see annotated figure 3A), the second mesh includes a second proximal end region connected to the second petal-shaped region (see annotated figure 3A), and the first and second meshes are coupled to each other at the first and second proximal end regions (coupled at undulation 301, figure 3A).
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Regarding claims 78 and 79, Hamel et al. discloses wherein the first petal-shaped region has a preset curve oriented in a first direction (paragraph 0014, 0056, 0425, figure 7A, mesh may have a predetermined shape, mesh may be made of a shape memory material, mesh curved along the length) , and the second petal-shaped region has a preset curve oriented in a second direction (paragraph 0014, 0056, 0425, figure 7A, mesh may have a predetermined shape, mesh may be made of a shape memory material, mesh curved along the length), wherein the preset curves of the first and second petal-shaped regions are configured to bias at least a portion of the first and second petal-shaped regions against a wall of the aneurysm (figure 7A, shape memory or predetermined shape of mesh to conform to the sides of an aneurysm wall over the aneurysm neck).
Regarding claim 80, Hamel et al. discloses a detachment element configured to releasably couple the first and second meshes to a pusher member (paragraph 0432, device may be detached from the delivery member such as a pusher member via one or more detachment mechanisms).
Regarding claim 82, Hamel et al. discloses wherein the first and second meshes each have a low-profile state for intravascular delivery to the aneurysm, and an expanded state for deployment within the aneurysm (paragraph 0011).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 81 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hamel et al. US 2020/0187954 in view of Aboytes et al. US 2013/0066357.
Regarding claim 81, Hamel et al. discloses a system essentially as claimed as discussed above, but fails to further comprise at least one third mesh coupled to the first and second meshes, the at least one third mesh formed from at least one third tubular braid, the at least one third mesh including a third petal-shaped region formed from a third flattened section of the at least one third tubular braid.
Aboytes et al. teaches an occlusive device for treating an aneurysm (paragraph 0002),
the occlusive device (for example, 210 or 900, or 1100)k, further comprising at least one third mesh coupled to the first and second meshes (paragraph 0093, any number of additional tubular meshes forming ribbon-like strands may be utilized), the at least one third mesh formed from at least one third tubular braid (paragraph 0093, any number of additional tubular meshes forming ribbon-like strands may be utilized), the at least one third mesh including a third petal-shaped region formed from a third flattened section of the at least one third tubular braid (paragraphs 0090, 0093, tubular mesh may form a flatted ribbon like structure within the aneurysm, implant may comprise any number of flattened ribbons to provide a specific density).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Hamel et al. with a third mesh coupled to the first and second meshes, the at least one third mesh formed from at least one third tubular braid, the at least one third mesh including a third petal-shaped region formed from a third flattened section of the at least one third tubular braid, as taught by Aboytes et al. to provide an additional flattened mesh within the aneurysm to provide the desired density.
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.
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/C.C.L/Examiner, Art Unit 3771
/DARWIN P EREZO/Supervisory Patent Examiner, Art Unit 3771
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