DETAILED ACTION
The following is a non-final office action in response to communications received on 03/19/2026. Claims 1-20 are currently pending and addressed below. Claims 16-20 are withdrawn.
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
Claims 16-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 03/19/2026.
Claim Rejections - 35 USC § 102
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 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) 1-4, 6-11 & 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sheldon et al. (US 9,895,242).
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Regarding Claim 1, Sheldon teaches a stent (100), comprising: a hollow tube comprising interlaced metal strands (10 in Fig 3); and a reinforcement (20) providing radial strength reinforcement at an end of the hollow tube.
Regarding Claim 2, Sheldon teaches wherein the reinforcement (20) comprises ends of the metal strands at the end of the hollow tube which are formed into loops (shown) secured to neighboring metal strands (Fig 3).
Regarding Claim 3, Sheldon teaches wherein the reinforcement (20) further comprises crimp sleeves securing the loops to the neighboring metal strands (Col 6: lines 15-20).
Regarding Claim 4, Sheldon teaches wherein the crimp sleeves are comprised of a radiopaque material (Col 6: lines 21-27 teaches stainless steel) that is absorbing for X-rays.
Regarding Claim 6, Sheldon teaches wherein the reinforcement (20) further comprises welds securing the loops to the neighboring metal strands (Col 6: lines 15-20).
Regarding Claim 7, Sheldon teaches wherein the reinforcement (20) comprises welds that bond crossings of the interlaced metal strands of the hollow tube (Col 6: lines 15-20).
Regarding Claim 8, Sheldon teaches wherein the welds comprise laser welds (Col 6: lines 15-20).
Regarding Claim 9, Sheldon teaches wherein the reinforcement comprises an encapsulant (20 in Fig 3) disposed over the end of the hollow tube (Fig 3).
Regarding Claim 10, Sheldon teaches wherein the interlaced metal strands (10) form a mesh with openings (Fig 3) and the encapsulant (20) disposed over the end of the hollow tube does not fill (not completely) the openings of the mesh at the end of the hollow tube (Fig 3).
Regarding Claim 11, Sheldon teaches wherein the interlaced metal strands (10) form a mesh with openings (Fig 3) and the encapsulant (20) fills (to some extent) the openings of the mesh at the end of the hollow tube (Fig 3).
Regarding Claim 14, Sheldon teaches wherein the metal strands (10) are comprised of nitinol (Col 6: lines 28-33).
Claim(s) 1, 12 & 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yodfat (US 2004/0199243).
Regarding Claim 1, Yodfat teaches a stent (Fig 4), comprising: a hollow tube comprising interlaced metal strands [0069]; and a reinforcement (e1’ and e2’) providing radial strength reinforcement at an end of the hollow tube.
Regarding Claim 12, Yodfat teaches wherein the reinforcement comprises a braid pitch ([Symbol font/0x61]1’) at the end of the hollow tube that is greater than a braid pitch ([Symbol font/0x61]F’) at a middle of the hollow tube (Fig 4).
Regarding Claim 13, Yodfat teaches wherein the braid pitch at the end of the hollow tube is at least 25% greater than the braid pitch at the middle of the hollow tube (Fig 4 and [0133]).
Claim(s) 1 & 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Eller et al. (US 10,744,009).
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Regarding Claim 1, Eller teaches a stent (100), comprising: a hollow tube comprising interlaced metal strands (160); and a reinforcement (170a & 170b) providing radial strength reinforcement at an end of the hollow tube (Fig 6).
Regarding Claim 15, Eller teaches wherein the reinforcement includes: a first reinforcement (170) at a first end (129) of the hollow tube; and a second reinforcement (170) at a second end (139) of the hollow tube opposite the first end of the hollow tube (Col 9: lines 56-58).
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) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sheldon et al. (US 9,895,242) in view of Treacy et al. (US 10,004,617).
Regarding Claim 5, as set forth supra, Sheldon discloses the invention substantially as claimed. However, Sheldon does not specifically disclose wherein the radiopaque material comprises a gold coating on the crimp sleeves.
Treacy teaches a braided stent in the same field of endeavor. Said stent comprising radiopaque markers added to the stent by a gold coating process to aid in visualization of the stent during implantation and/or adjustment (Col 14: lines 44-57).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the gold coating process, as taught by Treacy, in the construction of the radiopaque markers of the Sheldon device. The proposed combination would involve no more than the simple substitution of one known element for another or the mere application of a known technique to a piece of prior art ready for improvement. “Express suggestion to substitute one equivalent for another need not be present to render such substitution obvious.” Id. at 301, 213 USPQ at 536.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN AINSLEY DUKERT whose telephone number is (571)270-3258. The examiner can normally be reached Mon-Fri 6am-4pm.
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/BRIAN A DUKERT/Primary Examiner, Art Unit 3774
