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 invention I in the reply filed on 09/18/2025 is acknowledged.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the primary configuration, the concentric sets of loops, and the greater diameter of the second set of loops, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claim 5-6 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 5 recites “2-14 sets,” but it is unclear what makes up a set, it is unclear if the 2-14 sets is claiming 2-14 set of loops, which contradicts the 1 or more sets limitations, or is the claim is referring to a set being made up of 2-14 loops.
Dependent claims are likewise rejected.
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) 1-10 and 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Suzuki (US 10709453 B2).
Regarding claim 1, Suzuki teaches an embolic device (col 1, lines 13-36) comprising a microcoil having a primary configuration (col 1, lines 13-36),wherein: the microcoil comprises a first portion having a secondary configuration (col 1, lines 13-36),the first portion in the secondary configuration comprises one or more sets of loops (see annotated fib 7b-c), loops of each of the one or more sets intersect one with another in succession in a cycle (see annotated fib 7b-c), collectively forming a three-dimensional shape (fig 7d).
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Annotated figure 7b-c
Regarding claim 2, Suzuki further teaches wherein the loops of each of the one or more sets intersect at middle sections of the loops of each of the one or more sets along the cycle (see annotated fib 7b-c).
Regarding claim 3, Suzuki further teaches wherein the one or more sets of loops comprise a first set of loops and a second set of loops (see annotated fib 7b-c) overlaying the first set of loops (fig 7d), wherein the loops of the first set and the loops of the second set are generally concentric (col 3-4, lines 65-2).
Regarding claim 4, Suzuki further teaches wherein the loops of the second set have a diameter greater than a diameter of the loops of the first set (see annotated fib 7b-c).
Regarding claim 5, Suzuki further teaches wherein the one or more sets of loops comprise two to fourteen (2-14) sets (see annotated fib 7b-c), wherein the loops of the two to fourteen sets are generally concentric (col 3-4, lines 65-2).
Regarding claim 6, Suzuki further teaches wherein the two to fourteen sets of loops extend a length of the microcoil ranging from 20 to 400 mm (col 9, 8-10).
Regarding claim 7, Suzuki further teaches wherein at least one of the one or more sets of loops comprises a first loop, a second loop, and one or more intermediate loops between the first loop and the second loop (see annotated fib 7b-c), wherein the first loop, the second loop, and the one or more intermediate loops intersect one with another in succession in the cycle (see annotated fib 7b-c), collectively forming a generally spherical or ellipsoidal shape (see cyclic intersection in annotated fib 7b-c).
Regarding claim 8, Suzuki further teaches wherein the first loop, the second loop, and the one or more intermediate loops (see annotated fib 7b-c) comprise at least a complete loop and at least a loop consisting of two partial loops (see annotated fib 7b-c and fig 10).
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Annotated figure 10
Regarding claim 9, Suzuki further teaches wherein the first loop, the second loop, and the one or more intermediate loops comprise two complete loops (see annotated fib 7b-c) and one or more loops consisting of two partial loops (see annotated fib 7b-c and fig 10).
Regarding claim 10, Suzuki further teaches wherein the microcoil further comprises a second portion distal to the first portion, wherein the second portion of the microcoil has a secondary configuration comprising a loop in a generally circular shape having a diameter smaller than a diameter of the at least complete loop or of the loop consisting of two partial loops (see annotated fib 10).
Regarding claim 12, Suzuki further teaches wherein the loop of the second portion of the microcoil is adjacent to the first loop of the first portion of the microcoil, wherein the first loop is a loop consisting of two partial loops (see annotated fib 10).
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) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Suzuki (US 10709453 B2) in further view of Qin (US 20190298387 A1).
Regarding claim 11, Suzuki further teaches wherein the loop of the second portion of the microcoil is adjacent to the first loop of the first portion of the microcoil (see annotated fib 10). Suzuki does not exactly teach wherein the first loop is a complete loop. Qin teaches an aneurysm treatment coil (abstract) wherein a first loop is a loop consisting a complete loop with a distal second portion (see annotated fig 9b).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the teachings of Qin to modify the device taught by Suzuki by substituting the two partial loops for a complete loop, in order to complete a simple substitution of one known element, of a partial loop, for another, a complete loop, to obtain predictable results of creating a functional treatment coil capable of reducing flow in a vascular space (Qin: abstract) (MPEP 2143).
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Annotated figure 9b
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HANNA LOUISE PASQUALINI whose telephone number is (703)756-1984. The examiner can normally be reached Telework 7:30PM-5:00PM EST M-F (occasionally off Fridays).
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/H.L.P./Examiner, Art Unit 3774
/JERRAH EDWARDS/Supervisory Patent Examiner, Art Unit 3774