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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 02/18/2026 has not been considered by the examiner.
The U.S. Patent Publication number US 20210022838 A1 had a Patentee or Applicant name Smith et al. assigned. However, this U.S. Patent Publication number belongs to a Patentee or Applicant with the name Hashimoto et al., and contains methods of cleaning or treating teeth. As this art does not relate to the field of invention of the present application, it has not been considered by the examiner.
Response to Amendment
The Amendment filed April 13th, 2026 has been entered. Claims 1-5 and 7-20 remain pending in the application as the applicant has included the limitations of claim 6 in its dependent claim, claim 1, and is hereby withdrawn from further consideration. Applicant’s amendments to the Claims have overcome each and every objection and previously set forth in the Non-Final Office Action mailed November 11th, 2025.
Response to Arguments
Applicant’s arguments filed 04/13/2026 have been fully considered but they are not persuasive.
In response to applicant’s arguments regarding claim 1, that Eller and Folan fail to teach devices “wherein the first retention member is configured to interface with tissue along an entire first longitudinal length thereof, wherein the fourth retention member is configured to interface with tissue along an entire second longitudinal length thereof, or wherein the first retention member is configured to interface with tissue along an entire first longitudinal length thereof and the fourth retention member is configured to interface with tissue along an entire second longitudinal length thereof” because the entire longitudinal length of each retention member comprises valleys and gaps where tissue contact cannot occur along the entire length of each retention member and because the first (122a) and fourth retention (122b) members of Eller comprise peaks that act as an interface point, creating a retention “stop”, whereas the remainder of the flange often does not contact tissue and that the first (122a) and fourth retention (122b) members (outer flanges) of Eller are distinguished as areas intended to seal not for retention like the inner flanges (102a/b).
It is the examiner’s position that although the stent of Eller comprises flanges with valleys and gaps therebetween where tissue contact may not occur along the entire length of each retention member, the flanges are configured and/or designed to interact with the surfaces of a lumen in the body of a subject into which the stent is deployed (Eller ¶ 0023). Furthermore, the diameter of the valleys and gaps (130a/b) may be changed and made larger than shown (Eller ¶ 0025), this adjustment thereby may make it easier to contact surrounding tissue. Regarding the applicant’s argument that the retention members comprise peaks that act as an interface point, creating a retention, whereas the remainder of the flange often does not contact tissue, Eller discloses that the length of the first and fourth retention members (122a/b) comprises a peak/shoulder (134a/b) and a cylindrical outer portion (138a/b) in which the peak/shoulder (134a/b) facilitates greater retention of the stent by exerting a force on lumen walls and in which the cylindrical outer portion (138a/b) further facilitates retention of the stent due to its increased stiffness (Eller ¶ 0039), i.e. both the inner and outer portions of the flange interact/interface/meet with surrounding tissue and retain/facilitate retention of the stent. Therefore, Eller discloses a first and a fourth retention member (122a/b) that interfaces, or is configured to interface, with tissue along an entire longitudinal length thereof as now recited in claims 1, 11, and 16.
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.
Claims 1-4 and 8-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Eller et al. (US 20220023026 A1).
Regarding claim 1, Eller discloses a stent (100), comprising: an elongate body (fig. 1b illustrates an elongate body 102) configured to expand between a first constrained configuration and a second unconstrained configuration, the elongate body in the second unconstrained configuration including a first end (110), a second end (112), and a cylindrical saddle region extending therebetween (104), wherein: the first end (110) comprises a first retention member (122a) and a second retention member (120a), and the second end (112) comprises a third retention member (120b) and a fourth retention member (122b), and wherein the first retention member is configured to interface with tissue along an entire first longitudinal length thereof, wherein the fourth retention member is configured to interface with tissue along an entire second longitudinal length thereof, or wherein the first retention member is configured to interface with tissue along an entire first longitudinal length thereof and the fourth retention member is configured to interface with tissue along an entire second longitudinal length thereof as the length of the first and fourth retention members (122a/b) comprises a peak/shoulder (134a/b), a cylindrical outer portion (138a/b), and a valley (130a/b), in which the peak/shoulder facilitates greater retention of the stent by exerting a force on lumen walls, the cylindrical outer portion further facilitates retention of the stent due to its increased stiffness (Eller ¶ 0039), and the diameter of the valleys (130a/b) may be changed and made larger than shown (Eller ¶ 0025) thereby making an adjustment which would allow the entire longitudinal length of the retention member to contact surrounding tissue.
Regarding claim 2, Eller discloses the invention as claimed as discussed with respect to claim 1. Eller further discloses that the second retention member (120a) comprises a substantially cylindrical first radially outward surface, the third retention member (120b) comprises a substantially cylindrical second radially outward surface, or both (fig. 1b illustrates a second 102a and third retention 120b member with a radially outward surface).
Regarding claim 3, Eller discloses the invention as claimed as discussed with respect to claim 2. Eller further discloses that the second retention member (120a) comprises a first axially inner face joined to the first radially outward surface at a first corner (fig. 1b illustrates a first axially inner face 124a joined to a first outward surface 128a at a first corner/peak 126a), wherein the third retention member comprises a second axially inner face joined to the second radially outward surface at a second corner, or both (fig. 1b illustrates a first axially inner face 124b joined to a first outward surface 128b at a first corner/peak 126b).
Regarding claim 4, Eller discloses the invention as claimed as discussed with respect to claim 3. Eller further discloses that the first axially inner face comprises a curved profile, wherein the second axially inner face comprises a curved profile, or both (fig. 1b discloses both a first axially inner face 124a and a second axially inner face 124b with curved profiles).
Regarding claim 8, Eller discloses the invention as claimed as discussed with respect to claim 1. Eller discloses a first (122a), second (120a), third (120b), and fourth retention member (122b) configured to atraumatically interface with tissue about a radially outwardmost circumference of the respective retention member as it is widely known that the structure of stent retention members differ widely due to a variety of retention member surfaces, contours, and shapes utilized to prevent tissue damage at the implantation site, and that the structure of bodily lumens differ widely due to different locations in the body and specific patient anatomy. Therefore, the retention members are considered to be capable of engaging, or contacting tissue atraumatically about a radially outwardmost circumference of the respective retention members as each of these members comprise flanges for interacting/interfacing/meeting with surrounding tissue and facilitating retention of the stent (see ¶ 0038-¶ 0039) as well as comprising rounded/curved flanges that would aid in specifically interfacing tissue atraumatically, as opposed to a design with sharp corners/features.
Regarding claim 9, Eller discloses the invention as claimed as discussed with respect to claim 1. Eller further discloses that the stent is formed from at least one braided or woven filament comprising a different pitch density, angle, or pattern at the first retention member, the second retention member, the cylindrical saddle region, the third retention member, or the fourth retention member, or any combination thereof, in the second configuration (¶ 0028-¶ 0031 disclose a stent 100 elongated body 102 may comprise braided or woven wire arranged in a particular braid pattern having a pitch (axial distance between crossing strands) and a braid angle that can be constant over a given region of the body and also vary over other regions). Figures 1a and 1b clearly illustrate the braid angle and pitch being different in the retention members (126) than that in the saddle region (104).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-3, 5, 7-8, and 11-15 are rejected under 35 U.S.C. 103 as being unpatentable over Folan et al. (US 20200170776 A1) and Eller et al. (US 20220023026 A1).
Regarding claim 1, Folan discloses a stent (300), comprising: an elongate body (fig. 7b illustrates an elongate tubular body) configured to expand between a first constrained configuration and a second unconstrained configuration (¶ 0055 discloses an expandable stent), the elongate body in the second unconstrained configuration including a first end (312), a second end (314), and a cylindrical saddle region (316) extending therebetween (fig. 7b), wherein: the first end (312) comprises a first retention member (320) and a second retention member (340), and the second end (314) comprises a third retention member (345) and a fourth retention member (322). Folan discloses that the first retention member is configured to interface with tissue and that the fourth retention member is configured to interface with tissue as the first and fourth retention members comprise contours that can atraumatically engage tissue and it is widely known in the art that the structure of bodily lumens differs widely due to different location in the body and specific patient anatomy, therefore the retention members are considered capable of engaging, or contacting, tissue along any portion of the outer surface. However, Folan fails to disclose that that the first retention member is configured to interface with tissue specifically along an entire first longitudinal length thereof, wherein the fourth retention member is configured to interface with tissue specifically along an entire second longitudinal length thereof, or wherein the first retention member is configured to interlace with tissue specifically along an entire first longitudinal length thereof and the fourth retention member is configured to interlace with tissue specifically along an entire second longitudinal length thereof.
Eller also discloses a stent (100), comprising: an elongate body (fig. 1b illustrates an elongate body 102) configured to expand between a first constrained configuration and a second unconstrained configuration, the elongate body in the second unconstrained configuration including a first end (110), a second end (112), and a cylindrical saddle region extending therebetween (104), wherein: the first end (110) comprises a first retention member (122a) and a second retention member (120a), and the second end (112) comprises a third retention member (120b) and a fourth retention member (122b). Eller teaches that the first retention member is configured to interlace with tissue specifically along an entire first longitudinal length thereof, wherein the fourth retention member is configured to interlace with tissue specifically along an entire second longitudinal length thereof, or wherein the first retention member is configured to interlace with tissue specifically along an entire first longitudinal length thereof and the fourth retention member is configured to interlace with tissue specifically along an entire second longitudinal length thereof as the length of the first and fourth retention members (122a/b) comprises a peak/shoulder (134a/b), a cylindrical outer portion (138a/b), and a valley (130a/b), in which the peak/shoulder facilitates greater retention of the stent by exerting a force on lumen walls, the cylindrical outer portion further facilitates retention of the stent due to its increased stiffness (Eller ¶ 0039), and the diameter of the valleys (130a/b) may be changed and made larger than shown (Eller ¶ 0025) thereby making an adjustment which would allow the entire longitudinal length of the retention member to contact surrounding tissue. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the stent of Folan to include that the first retention member is configured to with tissue specifically along an entire first longitudinal length thereof, wherein the fourth retention member is configured to interlace with tissue specifically along an entire second longitudinal length thereof, or wherein the first retention member is configured to interlace with tissue specifically along an entire first longitudinal length thereof and the fourth retention member is configured to interlace with tissue specifically along an entire second longitudinal length thereof in order to resist migration of the stent (Eller ¶ 0041).
Regarding claim 2, Folan in view of Eller discloses the invention as claimed as discussed with respect to claim 1. Folan further discloses that the second retention member (340) comprises a substantially cylindrical first radially outward surface, the third retention member (345) comprises a substantially cylindrical second radially outward surface, or both (¶ 0051 discloses a second and third retention member with cylindrical outward surfaces).
Regarding claim 3, Folan in view of Eller discloses the invention as claimed as discussed with respect to claim 2. Folan further discloses that the second retention member comprises a first axially inner face joined to the first radially outward surface at a first corner (see annotated fig. 7b), wherein the third retention member comprises a second axially inner face joined to the second radially outward surface at a second corner (see annotated fig. 7b), or both (fig. 7b illustrates retention members 340/345 with an inner face joined to a radially outward surface at a corner).
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Regarding claim 5, Folan in view of Eller discloses the invention as claimed as discussed with respect to claim 3. Folan further discloses that the first corner comprises an interior angle of 90 degrees or less, wherein the second corner comprises an interior angle of 90 degrees or less, or both (¶ 0051 discloses and annotated fig. 7b below illustrates retention members 320, 340, 345, 322 perpendicular to a longitudinal axis).
Regarding claim 7, Folan in view of Eller discloses the invention as claimed with respect to claim 1. Folan further discloses that the first end (312) comprises a first cylindrical portion (311) extending between the first retention member (320) and the second retention member (340), wherein the second end (314) comprises a second cylindrical portion (313) extending between the third retention member (345) and the fourth retention member (322), or both (fig. 7b illustrates a cylindrical portion 311/313 between both pairs of retention members at each end).
Regarding claim 8, Folan in view of Eller discloses the invention as claimed with respect to claim 1. Folan further discloses that a first (320), second (340), third (345), and fourth retention member (322) are configured to atraumatically interface with tissue about a radially outwardmost circumference of the respective retention member as the first, second, third, and fourth, retention members may comprise contours that can atraumatically engage tissue and it is widely known in the art that the structure of bodily lumens differs widely due to different location in the body and specific patient anatomy, therefore the retention members are considered capable of engaging, or contacting, tissue along any portion of the outer surface.
Regarding claim 11, Folan discloses a medical device (300), comprising: an elongate body defining a lumen extending therethrough (fig. 7b illustrates an elongate tubular body), the elongate body configured to transition between a first configuration and a second configuration (paragraph 0055 discloses an expandable stent); wherein, in the second configuration, the elongate body comprises at least four retention features (fig. 7b illustrates an elongate body with at least four retention members 320, 322, 340, and 345), the at least four retention features comprising at least second and third retention members each comprising an interior angle of 90 angles or less (fig. 7b annotated above), each shoulder configured to interface with tissue, and the at least four retention members further comprising at least a first and fourth retention member configured to atraumatically interface with tissue as the retention members may comprise contours that can atraumatically engage tissue and it is widely known in the art that the structure of bodily lumens differs widely due to different location in the body and specific patient anatomy, therefore the retention members are considered capable of engaging, or contacting, tissue along any portion of the outer surface; wherein, in the second configuration, the elongate body comprises a cylindrical region extending between the second and third retention members (fig. 7b illustrates a cylindrical region 330 extending between the second 340 and third 345 retention members), between the first and second retention members (fig. 7b illustrates cylindrical region 311 extending between the first 320 and second 340 retention members) or between the third and fourth retention members (fig. 7b illustrates cylindrical region 313 extending between the third 345 and fourth 322 retention members), or any combination thereof.
Furthermore, Folan discloses that the first retention member is configured to interface with tissue and that the fourth retention member is configured to interface with tissue as the first and fourth retention members comprise contours that can atraumatically engage tissue and it is widely known in the art that the structure of bodily lumens differs widely due to different location in the body and specific patient anatomy, therefore the retention members are considered capable of engaging, or contacting, tissue along any portion of the outer surface. However, Folan fails to disclose that that the first retention member is configured to interface with tissue specifically along an entire first longitudinal length thereof, wherein the fourth retention member is configured to interface with tissue specifically along an entire second longitudinal length thereof, or wherein the first retention member is configured to interface with tissue specifically along an entire first longitudinal length thereof and the fourth retention member is configured to interlace with tissue specifically along an entire second longitudinal length thereof.
Eller also discloses a medical device (100), comprising: an elongate body (fig. 1b illustrates an elongate body 102) defining a lumen extending therethrough (paragraph 0037 discloses a hollow cylindrical body/lumen 102). Eller further discloses that the elongate body (102) comprises at least four retention features (fig. 1b), the at least four retention features (120a, 120b, 122a, and 122b) comprising at least second and third retention members each comprising a shoulder (fig. 1b illustrates at least four retention features comprising at least a second 120a and third 120b retention members each comprising a shoulder 124a/124b). Eller further discloses that the elongate body (102) comprises a cylindrical region extending between the second and third retention members (fig. 1a illustrates a cylindrical region 104 extending between the second 120a and third 120b retention members). Eller teaches that the first retention member is configured to interlace with tissue specifically along an entire first longitudinal length thereof, wherein the fourth retention member is configured to interlace with tissue specifically along an entire second longitudinal length thereof, or wherein the first retention member is configured to interlace with tissue specifically along an entire first longitudinal length thereof and the fourth retention member is configured to interlace with tissue specifically along an entire second longitudinal length thereof as the length of the first and fourth retention members (122a/b) comprises a peak/shoulder (134a/b), a cylindrical outer portion (138a/b), and a valley (130a/b), in which the peak/shoulder facilitates greater retention of the stent by exerting a force on lumen walls, the cylindrical outer portion further facilitates retention of the stent due to its increased stiffness (Eller ¶ 0039), and the diameter of the valleys (130a/b) may be changed and made larger than shown (Eller ¶ 0025) thereby making an adjustment which would allow the entire longitudinal length of the retention member to contact surrounding tissue.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the stent of Folan to include that the first retention member is configured to interlace with tissue specifically along an entire first longitudinal length thereof, wherein the fourth retention member is configured to interlace with tissue specifically along an entire second longitudinal length thereof, or wherein the first retention member is configured to interlace with tissue specifically along an entire first longitudinal length thereof and the fourth retention member is configured to interlace with tissue specifically along an entire second longitudinal length thereof in order to resist migration of the stent (Eller ¶ 0041).
Regarding claim 12, Folan in view of Eller discloses the invention as claimed as discussed above with respect to claim 11. Folan further discloses that one or more of the first (320), second (340), third (345), and fourth retention member (322) are configured to atraumatically interface with tissue about a radially outwardmost circumference of the respective retention member as the first, second, third, and fourth, retention members may comprise contours that can atraumatically engage tissue (as seen in fig. 7b) and it is widely known in the art that the structure of bodily lumens differs widely due to different location in the body and specific patient anatomy, therefore the retention members are considered capable of engaging, or contacting, tissue along any portion of the outer surface.
Regarding claim 13, Folan in view of Eller discloses the invention as claimed as discussed above with respect to claim 11. Eller further teaches that the first retention member (122a) comprises an asymmetrical cross section in an orthogonal plane to a longitudinal axis extending through the lumen of the body (fig. 1b annotated below), the second (120a) retention member comprises an asymmetrical cross section in an orthogonal plane to the longitudinal axis (fig. 1b annotated below), or both (fig. 1b illustrates and paragraph 0037 discloses retention members with asymmetric profiles in an orthogonal plane to a longitudinal axis 140 ).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the stent of Folan to include a first and second retention member comprising asymmetrical cross sections in an orthogonal plane to a longitudinal axis extending through the lumen of the body as taught by Eller in order to facilitate greater retention of the stent in the body lumen (Eller paragraph 0037).
Regarding claim 14, Folan in view of Eller discloses the invention as claimed as discussed above with respect to claim 11. Eller further teaches that the elongate body (102) is formed from at least one braided or woven filament comprising a different pitch density, angle, or pattern at the first retention member (122a), the second retention member (120a), the cylindrical saddle region (104), the third retention member (120b), or the fourth retention member (122b), or any combination thereof, in the second configuration (paragraphs 0028-0031 disclose a stent 100 elongated body 102 may comprise braided or woven wire arranged in a particular braid pattern having a pitch (axial distance between crossing strands) and a braid angle that can be constant over a given region of the body and also vary over other regions).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the stent of Folan to include a stent formed from at least one braided or woven filament comprising a different pitch density, angle, or pattern at the first retention member, the second retention member, the cylindrical saddle region, the third retention member, or the fourth retention member, or any combination thereof, in the second configuration, as taught by Eller, in order to provide certain shape and strength characteristics (Eller paragraph 0028).
Regarding claim 15, Folan in view of Eller discloses the invention as claimed as discussed above with respect to claim 11. Folan further discloses an alternate embodiment (400) where the elongate body comprises at least a partial cover (0022 discloses and fig. 8 illustrates a stent 400 comprising a covering 450 on its surface).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the stent (300) of Folan to include an elongate body comprising at least a partial cover, as taught by an alternate embodiment (400), in order to prevent tissue in-growth and fluid leakage into the inter-vessel cavity (paragraph 0059).
Claims 10 are rejected under 35 U.S.C. 103 as being unpatentable over Eller et al. (US 20220023026 A1).
Regarding claim 10, Eller discloses the invention as claimed as discussed with respect to claim 1. Eller further teaches an alternate embodiment (200) wherein the elongate body comprises at least a partial cover (fig. 3 illustrates an elongate body 200 comprising a partial cover 250 and ¶ 0043 also teaches that parts of the stent 200 may be partially uncovered).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the stent (100) of Eller to include an elongate body comprising at least a partial cover as taught by an alternate embodiment (200) in order to facilitate the passage of particles or fluid through the interior and at the same time having uncovered portions to secure the stent and allow for tissue ingrowth (Eller ¶ 0042-0043).
Claims 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Eller et al. (US 20220023026 A1) and Rafiee et al. (US 20090192601 A1).
Regarding claim 16, as discussed above with reference claim 1, Eller discloses a stent having all the claimed features. While Eller generically discloses the stent is loaded on a catheter in a narrowed, or compressed state (¶ 0044), Eller fails to disclose structural features of the catheter.
Rafiee discloses a delivery catheter (fig. 6) for a stent comprising an inner member (114), and an outer sheath (126) slidably disposed about the inner member (114), and a stent (500) disposed between the inner member and the outer sheath in a first configuration (paragraph 0014 discloses and fig. 6 illustrates a slidable sheath enclosing a stent and inner member 114), the stent (500) configured to transition between the first configuration and a second configuration when deployed from between the inner member and outer sheath (fig. 8 illustrates a stent 500 disposed between an inner member 114 and outer sheath 126 transitioning from a first or collapsed configuration to an expanded or second configuration in between an inner member 14 and outer sheath 16). Rafiee also discloses retention members (fig. 10) on both distal and proximal ends (510) of a stent (500) used to secure the stent inside of a tubular organ. One of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to combine the delivery catheter taught by Raifee with the Eller stent, as the modification merely provides a known stent delivery catheter to achieve delivery of the Eller stent in a compressed profile.
Regarding claim 17, Eller in view of Rafiee discloses the invention as claimed as discussed with respect to claim 16. Eller further discloses that the first (122a) and fourth (122b) retention member are each configured to atraumatically interfacing with tissue about a radially outwardmost circumference of the respective retention member as it is widely known that the structure of stent retention members differ widely due to a variety of retention member surfaces, contours, and shapes utilized to prevent tissue damage at the implantation site, and that the structure of bodily lumens differ widely due to different locations in the body and specific patient anatomy. Therefore, the retention members are considered to be capable of engaging, or contacting tissue atraumatically about a radially outwardmost circumference of the respective retention members as each of these members comprise flanges for interacting/interfacing/meeting with surrounding tissue and facilitating retention of the stent (see ¶ 0038-¶ 0039) as well as comprising rounded/curved flanges that would aid in specifically interfacing tissue atraumatically, as opposed to a design with sharp corners/features.
Regarding claim 18, Eller in view of Rafiee disclose the invention as claimed as discussed with respect to claim 16. Eller further discloses that the stent is formed from at least one braided or woven filament comprising a different pitch density, angle, or pattern at the first retention member, the second retention member, the cylindrical saddle region, the third retention member, or the fourth retention member, or any combination thereof, in the second configuration (paragraphs 0028-0031 disclose a stent 100 elongated body 102 may comprise braided or woven wire arranged in a particular braid pattern having a pitch (axial distance between crossing strands) and a braid angle that can be constant over a given region of the body and also vary over other regions).
Regarding claim 19, Eller discloses the invention as claimed as discussed above with respect to claim 16. The embodiment of fig.1 does not include a partial cover, but Eller teaches an alternate embodiment (200) wherein the elongate body comprises at least a partial cover (Fig. 3 illustrates an elongate body 200 comprising a partial cover 250. ¶ 0043 also teaches that parts of the stent 200 may be partially uncovered).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the stent Eller to include a partial cover, as taught by Eller’s alternate embodiment (200), in order to facilitate the passage of particles or fluid through the interior and at the same time having uncovered portions to secure the stent and allow for tissue ingrowth (Eller Paragraphs 0042-0043).
Regarding claim 20, Eller further teaches that the first retention member (122a), the second retention member (120a), the third retention member (120b), or the fourth retention member (122b), any combination thereof, comprises an asymmetrical cross section in an orthogonal plane to a longitudinal axis extending through a lumen of the stent (fig. 1b, annotated above with reference to claim 13, illustrates and paragraph 0037 discloses retention members with asymmetric profiles in an orthogonal plane to a longitudinal axis 140).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
Ethridge et al. (US 20220125608 A1) teaches a stent (100), comprising: an elongate body (see fig. 1a), the elongate body including a first end, a second end, and a cylindrical saddle region (112) extending therebetween (see fig. 1a-b), wherein: the first end comprises a first retention member and a second retention member, and the second end comprises a third retention member and a fourth retention member (fig. 1a illustrates a stent with at least 4 retention members), and wherein the first retention member is configured to interface with tissue along an entire first longitudinal length thereof, wherein the fourth retention member is configured to interface with tissue along an entire second longitudinal length thereof, or wherein the first retention member is configured to interface with tissue along an entire first longitudinal length thereof and the fourth retention member is configured to interface with tissue along an entire second longitudinal length thereof (¶ 0023 discloses retention members that are capable of interfacing tissue along an entire longitudinal length thereof as the retention members 110 aid the stent’s grip and anchor the stent thereby enhancing resistance to migration).
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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/A.G.B./Examiner, Art Unit 3774
/MELANIE R TYSON/Supervisory Patent Examiner, Art Unit 3774
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