DETAILED ACTION
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 with traverse of claims 14-16 in the reply filed on 4 December 2026 is acknowledged. There appear to be no clear traversal arguments of the restriction, therefore the traversal is not found persuasive.
The requirement is still deemed proper and is therefore made FINAL.
Claims 9-13 and 17-21 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected product, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 4 December 2026.
Claim Objections
Claim 16 is objected to because of the following informalities: Claim 16 states, “wherein a first, innermost layer comprises polytetrafluoroethylene…”, however it is unclear what this is the innermost layer of. Examiner suggests amending the claim to state, “[t]he treatment system according to claim 15, wherein the four layers comprise a first, innermost layer…”. Appropriate correction is required.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 14 is rejected under 35 U.S.C. 103 as being unpatentable over Meissner et al. (DE 202014102615 U1), “Meissner” in view of Cattaneo (DE 102013104550 A1), “Cattaneo”.
Regarding claim 14, Meissner teaches a treatment system for medical treatment of intracranial stenoses comprising: a catheter for delivering the stent into a hollow organ of a body (Fig. 1 exhibits a medical catheter for delivering an implant to a hollow organ of the body (abstract)), wherein the catheter has at least two working channels (Fig. 4, first working channel 10 and second working channel 11) and a balloon disposed in a distal region of the working channels (Fig. 4, balloon 12 in distal area of working channels (abstract)), wherein a first working channel is in fluid communication with the balloon (Fig. 4, first working channel 10 is fluidly connected to balloon 12 (abstract)) and a second working channel extends through the balloon (Fig. 4, second working channel 11 extends through balloon 12 (abstract)), and wherein the second working channel is a through channel having an inner diameter of at most 0.44 mm (Fig. 4, second working channel 11 comprises an inner diameter is less than or equal to 0.4 mm [0007]), but fails to teach a stent having a compressible and expandable mesh structure of webs which are interconnected by web connectors into one piece and define rhomboid cells, each cell defined by two straight webs and two S-shaped curved webs which connect the straight webs together.
Cattaneo teaches a stent having a compressible and expandable mesh structure of webs which are interconnected by web connectors into one piece and define rhomboid cells (Fig. 5, grid structure 10 is compressible and expandible and comprises cells 30 which are diamond shaped formed by webs 11, 12, 13, 14), each cell defined by two straight webs and two S-shaped curved webs which connect the straight webs together (Fig. 5, cells 30 comprise second and fourth webs which are s-shaped and first and third webs which are straight). Meissner 550 discloses that the webs of the lattice structure are arranged adjacently to mutually support one another and provide a high axial stability [0011]. Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to combine the delivery catheter taught by Meissner with the stent taught by Cattaneo in order to provide an implant that can withstand the forces of delivery through tortuous vasculature.
Claims 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Meissner et al. (DE 202014102615 U1), “Meissner” in view of Cattaneo (DE 102013104550 A1), “Cattaneo” and further in view of Haarmann et al. (DE 202011105503 U1), “Haarmann”.
Regarding claim 15, Meissner teaches the second working channel (Fig. 4, second working channel 11), but Meissner in view of Cattaneo fails to teach a wall constructed from four layers in sections.
Haarmann teaches a catheter comprising a wall constructed from four layers in sections (Figs. 3a-c, sheath comprises an inner layer and intermediate layer between the wire layer and outer layer (i.e., four layers)). Haarmann discloses that the catheter exhibits better pushability due to more direct force transmission, improved kink resistance, and high flexibility [0006]. Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to combine the second working channel taught by Meissner with the four layers taught by Haarmann in order to provide a catheter that adapts better to tortuous vasculature.
Regarding claim 16, Meissner in view of Cattaneo fails to teach the limitations of claim 16. Haarmann teaches a catheter wherein a first, innermost layer comprises polytetrafluoroethylene (Figs. 3a-c, sheath comprises an inner layer made of PTFE) and is coated with a second layer of a stabilizing braid (Figs. 3a-c, sheath comprises a wire layer between inner and outer layers), wherein the second layer is surrounded by a third layer of a polyimide (Figs. 3a-c, intermediate layer is polyimide between the wire layer and outer layer) and wherein the third layer is surrounded by a fourth, outermost layer of a polyether block amide (PEBA) (Figs. 3a-c, outer layer comprises PEBAX). DE 503 discloses that the catheter exhibits better pushability due to more direct force transmission, improved kink resistance, and high flexibility [0006]. Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to combine the catheter taught by Meissner with the four layers taught by Haarmann in order to provide a catheter that adapts better to tortuous vasculature.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GABRIELLA GISELLE B RIOS whose telephone number is (703)756-5958. The examiner can normally be reached M-Th 7:30-6:00 EST.
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/G.G.R./Examiner, Art Unit 3774
/THOMAS C BARRETT/SPE, Art Unit 3799
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