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 .
Priority
This application claims priority from foreign application KR10/2021-002392, filed 03/03/2021.
Status of Claims
Claims 1-8 are pending.
Information Disclosure Statement
The Information Disclosure Statement filed on 08/31/2023 has been considered by the examiner.
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.
Claims 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over Coleman et al (Coleman) US 2010/0124563 A1 in view of Chaikof et al (Chaikof) USPN 5,741,325.
1. Coleman discloses a stent [0160] with an improved stickiness of a membrane (the stickiness is improved by the properties of the micro rough surfaces, which is Coleman disclosed his invention includes, see Abstract), comprising: a membrane portion provided in/covering the stent ([0134] discloses the membrane includes the porous cell scaffold and [0160] discloses the membrane is within the stent); and a micro-rough surface formed on all or at least a part of the membrane portion ([0101] discloses the cell scaffold can include the surface roughness).
However, Coleman does not disclose the specific shape or nature of the stent.
Chaikof teaches the use of a stent (Figures 1-2) comprising a body portion including a hollow cylindrical shape (Figures 1-2) wherein wires are woven to form a mesh structure (5:63-66) in the same field of endeavor for the purpose of providing a flexible self expandible stent that adapts to the shape of the implant site.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to provide the stent of Coleman with the shape made by woven strands of Chaikof in order to provide a flexible self expandible stent that adapts to the shape of the implant site.
2. Coleman discloses the micro-rough surface is formed by a plurality of irregular embossing protrusions that are disorderly formed [0101].
3. Coleman discloses a first surface roughness of the micro-rough surface is in a range of tens to hundreds of micrometers in size [0101].
In regards to claims 4-7 the claimed method of forming the membrane on a jig, the forming of the first surface on the jig, and the forming of the second surface on the jig amounts to a product by process. Whether a product is patentable depends on whether it is known in the art or it is obvious, and is not governed by whether the process by which it is made is patentable. Product by process claims are not construed as being limited to the product formed by the specific process recited. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process (see MPEP 2113). In this case the membrane and surface roughnesses are fully capable of being formed on a jig with a corresponding surface roughness, which is axially rotated and a polymer material is uniformly and sand blasted, etched, and/or cured. These are commonly used tools and procedures within the stent/graft manufacturing art.
8. Coleman discloses the micro-rough surface reduces a stickiness of an inner face of the membrane portion (since Coleman discloses the same shapes and dimensions for the micro-rough surface as the current invention it will inherently reduce the stickiness of the inner face of the membrane as much as the applicant’s invention).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER D PRONE whose telephone number is (571)272-6085. The examiner can normally be reached Monday-Friday 10 am - 6 pm (HST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Melanie R Tyson can be reached at (571)272-9062. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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CHRISTOPHER D. PRONE
Primary Examiner
Art Unit 3774
/Christopher D. Prone/Primary Examiner, Art Unit 3774