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 .
Examiner’s Notes
It is to be noted that in device/apparatus claims, such as the currently pending claims, only the claimed structure of the final device bears patentable weight, and intended use/functional language is considered to the extent that it further defines the claimed structure of the final device (see MPEP 2114).
Examiner cites particular columns and line numbers in the references as applied to the claims below for the convenience of the applicant(s). Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the applicant(s) fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 3, 7-14, 16 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bruszewski (US PG Pub. 2011/0270379), as disclosed in the IDS dated 04/19/2024.
Regarding claims 1, 3 and 7, Bruszewski discloses a branched stent graft (1100), illustrated in Figures 11 and 12, comprising a main body in a radially expanded state and extending between proximal and distal ends; and a coupling (120) extending from the main body; the main body including a proximal body stent (104) at least partially located between the proximal end of the main body and the coupling (120) and a distal body stent (104) at least partially located distal the coupling (120), the main body including a surrounding region located between the proximal and distal body stents (104) and extending along a main body circumference (107), the main body further including a support stent (1104) located in the surrounding region, extending partially between the coupling (120) and the proximal/distal body stents (104), and configured to maintain the main body in an open state, and the support stent (1104) imparts less radial force than the proximal and distal body stents (104), illustrated in Figures 11-16 ([0040], Lines 20-21; [0050] & [0052] – to clarify, it is stated that the support stent 1104 has a diameter in the range of 0.008-0.016inches, which is smaller than the diameter of the proximal/distal body stents 104, which is in the range of 0.018-0.021inches; thus, since support stent 1104 has a smaller diameter than proximal/distal body stents 104, it would impart less radial force than proximal/distal body stents).
Regarding claim 8, Bruszewski discloses the branched stent graft of claim 1, wherein the support stent (1104) includes a curved portion (1138/122) having a profile conforming with a profile of the coupling (120), illustrated in Figures 11, 12, 15 and 16 ([0054]).
Regarding claims 9-12, Bruszewski discloses a branched stent graft (1100), illustrated in Figures 11 and 12, comprising a main body in a radially expanded state and extending between proximal and distal ends; and a coupling (120) extending from the main body; the main body including a proximal body stent (104) at least partially located between the proximal end of the main body and the coupling (120) and a distal body stent (104) at least partially located distal the coupling (120), the main body including a surrounding region located between the proximal and distal body stents (104) and extending along a main body circumference (107), the main body further including a support stent (1104), which is a wire from support stent (1133), located in the surrounding region and configured to maintain the main body in an open state, the support stent (1104) having a support stent diameter, specifically in a range of 0.2 to 0.45 millimeters, which is less than a diameter of the proximal/distal body stents (104), which are specifically in a range of 0.50 to 0.8 millimeters, illustrated in Figures 11-16 ([0040], Lines 20-21; [0050] & [0052] – to clarify, it is stated that support stent 1104 has a diameter in the range of 0.008-0.016inches, which equates to 0.203-0.0406 millimeters, and falls within the claimed range, and proximal/distal body stents 104 have a diameter in the range of 0.018-0.021inches, which equates to 0.457-0.533 millimeters, and also falls within the claimed range).
Regarding claims 13 and 20, Bruszewski discloses a branched stent graft (1100), illustrated in Figures 11 and 12, comprising a main body in a radially expanded state and extending between proximal and distal ends; and a coupling (120) extending from the main body; the main body including a bare body stent portion (104) secured to the proximal end of the main body and a distal body stent portion (104) at least partially located distal the coupling (120), the main body including a surrounding region located between the bare stent and distal body stent portions (104) and extending along a main body circumference (107), and the main body further including a loop stent portion (1104) located in the surrounding region and extending less than the main body circumference (107), and the loop stent portion (1104) configured to maintain the main body in an open state when aligned with the blood vessel, wherein the loop stent portion (1104) has a diameter which is less than a diameter of the bare body/distal body stents (104), illustrated in Figures 11-16 ([0040], Lines 20-21; [0050] & [0052]).
Regarding claim 14, Bruszewski discloses the branched stent graft of claim 13, wherein the loop stent portion (1104) includes a closed perimeter, via portion 1132, having first and second ends, illustrated in Figures 11-16.
Regarding claim 16, Bruszewski discloses the branched stent graft of claim 13, wherein the loop stent portion (1104) is not directly connected to the bare body/distal body stent portions (104), illustrated in Figures 11 and 12.
Claims 9, 11 and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hartley et al. (US PG Pub. 2013/0150946), hereinafter Hartley.
Regarding claim 9, Hartley discloses a branched stent graft (1), illustrated in Figures 1 and 2, comprising a main body (portions 3,5,6,7) in a radially expanded state and extending between proximal and distal ends; and a coupling (15) extending from the main body or a fenestration window (13) in the radially expanded state; the main body including a proximal body stent (9) at least partially located between the proximal end of the main body and the coupling (15)/fenestration window (13) and a distal body stent () at least partially located distal the coupling (15)/fenestration window (13), the proximal and distal body stents (9) having proximal and distal body stent diameters, respectively, the main body including a surrounding region (5) located between the proximal and distal body stents and extending along a main body circumference, the main body further including a support stent (11) located in the surrounding region (5) and configured to maintain the main body in an open state, the support stent (11) having a support stent diameter, and the support stent diameter being less than the proximal body stent diameter and/or the distal body stent diameter, illustrated in Figure 1 ([0062] – [0065]).
Regarding claim 11, Hartley discloses the branched stent graft of claim 9, wherein the support stent (11) is a wire form support stent, illustrated in Figure 1.
Regarding claim 12, Hartley discloses the branched stent graft of claim 9, wherein the branched stent graft includes the coupling (15), illustrated in Figure 1 ([0065]).
Claims 13-15 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Cindrich et al. (US PG Pub. 2023/0149149), hereinafter Cindrich.
Regarding claims 13-15, Cindrich discloses a branched stent graft (100), illustrated in Figure 1A, comprising a main body (110) aligning with a blood vessel in a radially expanded state and extending between proximal and distal ends (120&125); and a coupling (150) extending from the main body (110); the main body (110) including a bare body stent portion (BBS) secured to the proximal end (120) of the main body and a distal body stent portion (DBS) at least partially located distal the coupling (150), the main body including a surrounding region (SR) located between the bare stent portion (BBS) and the distal body stent portion (DBS) and extending along a main body circumference, and the main body further including a loop stent portion (LSP) located in the surrounding region (SR), extending less than the main body circumference and including a closed perimeter having first and second ends, the loop stent portion configured to maintain the main body in an open state when aligned with the blood vessel; and the main body (110) including a cuff/graft region (141) surrounding the coupling and the first and second ends of the closed perimeter of the loop stent portion (LSP) are spaced apart from the cuff/graft region (141) along the main body to provide flexibility to the coupling, illustrated in Figures 1A, 2 and modified figure 1A, below ([0040] & [0049]).
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Claims 13, 14 and 17-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gregorich et al. (US Patent No. 7,951,191), hereinafter Gregorich.
Regarding claims 13 and 14, Gregorich discloses a branched stent graft (10), illustrated in Figures 1-5, comprising a main body (12) in a radially expanded state and extending between proximal and distal ends; and a fenestration window (42); the main body including a bare body stent portion (24) secured to the proximal end of the main body and a distal body stent portion (24) at least partially located distal the fenestration window (42), the main body including a surrounding region (22) located between the bare stent portion and the distal body stent portion and extending along a main body circumference, and the main body further including a loop stent portion (40/44), including a closed perimeter having first and second ends, located in the surrounding region (22), and extending less than the main body circumference, and the loop stent portion configured to maintain the main body in an open state when aligned with the blood vessel, illustrated in Figures 1 and 3-5 (Column 3, Lines 29-44).
Regarding claim 17, Gregorich discloses the branched stent graft of claim 13, wherein a contacting loop stent portion (i.e. peaks/valleys) of the loop stent portion (40/44) contacts a contacting stent portion (i.e. peaks/valleys) of the bare body/distal body stent portion (24) in a contact region (via connectors 26 and ring 46), illustrated in Figures 1, 3 and 4 (Column 3, Lines 45-48).
Regarding claim 18, Gregorich discloses the branched stent graft of claim 13, wherein the bare body stent portion (24), the distal body stent portion (24), and the loop stent portion (40/44) form a continuous stent, illustrated in Figures 1, 3 and 4.
Regarding claim 19, Gregorich discloses the branched stent graft of claim 18, wherein the bare and distal body stent portions (24) are connected to the loop stent portion (40/44) with proximal and distal bridge portions (top/bottom portions of ring 46 and connectors 26), respectively, illustrated in Figures 1, 3 and 4 (Column 3, Lines 45-48).
Allowable Subject Matter
Claims 4-6 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including 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 DINAH BARIA whose telephone number is (571)270-1973. The examiner can normally be reached Monday - Friday 10am - 5pm.
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/DINAH BARIA/Primary Examiner, Art Unit 3774 01/23/2026