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 .
Status of Claims
This office action is responsive to the amendment filed on 04/28/2026. As directed by the amendment: new claim 14 has been added. Thus, claims 1, 4-6, 8-12 and 14 are presently pending in this application.
Response to Arguments
Applicant's arguments with respect to claims 1, 3, 5 and 7 rejected under 35 U.S.C. 102(a)(1) and 102 (a)(2) as being anticipated by Venkatraman at al. (2018/0042742) “Venkatraman”; claims 1, 3 and 5 rejected under 35 U.S.C. 102(a)(1) and 102 (a)(2) as being anticipated by Herweck et al. (2004/0253185) “Herweck”; claims 1, 2, 4-6 and 8-12 rejected under 35 U.S.C. 102(a)(1) and 102 (a)(2) as being anticipated by Hossainy et al. (6979346) “Hossainy” and claim 13 rejected under 35 U.S.C. 103 as being unpatentable over Hossainy et al. (6979346) “Hossainy” in view of Venkatraman at al. (2018/0042742) “Venkatraman” have been considered but are moot in view of the new grounds of rejection.
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.
Claims 1, 4-6, 8-12 and 14are rejected under 35 U.S.C. 103 as being unpatentable over Hossainy et al. (6979346) “Hossainy” in view of Shanley (8361537).
Regarding claims 1 and 8, Hossainy discloses a stent graft (Fig. 9 discloses stent 400 and Fig. 7A discloses the combination of the stent and covering 401) and a method of making a stent graft (Fig. 8), comprising: providing a base stent 400, the base stent having a first and a second longitudinal end and a lumen extending longitudinally therethrough (as shown in Fig. 9), a covering material 401 provided so as to line the base stent 400 (Fig. 7), the base stent having a rough surface 314 facing the lumen (Figs. 8-9 and col. 7, lin. 50-54 disclose inner surface 410 having asperities 314), arranging a tubular covering material 401 on an inside of the base stent 400 so as to line the lumen of the base stent and causing it to at least partially penetrate into the rough surface so as to form a positive fit (Fig. 7A and col. 7, lin. 16-21 disclose the tubular inner surface of the stent comprises covering 401 where the covering extends into the rough surface or asperities).
Hossainy is silent regarding the base stent comprising a plurality of rings made of zigzagging struts, the rings connected by a plurality of connectors and wherein the roughened surface comprises throughholes that penetrate through the base stent. However, Shanley teaches a similar base stent 10 comprising a plurality of rings made of zigzagging struts (as shown in Fig. 2, zigzagging struts of cylindrical tubes 12), the rings connected by a plurality of connectors 14 and wherein a roughened surface comprises throughholes 24 that penetrate through the base stent (col. 5, lin. 19-21 disclose the openings 24 extend through the width of the stent 10; Fig. 2 and 8). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the base stent in Hossainy to include a plurality of rings made of zigzagging struts, the rings connected by a plurality of connectors and wherein the roughened surface comprises throughholes that penetrate through the base stent, as taught and suggested by Shanley, for providing the stent graft with structural support and providing a desired delivery profile connecting the inner and outer sides of the stent (abstract).
Regarding claim 4, Hossainy discloses wherein the covering material forms a tube that extends along a whole length of the base stent (Fig. 8 discloses a tubular stent having a covering which when covering the tubular inner surface would be a tubular covering; claim 5 discloses the entire inner surface of the stent has asperities which includes the stent’s length and col. 7, lin. 16-21 disclose the covering 401 is present on asperities).
Regarding claims 5 and 9-11, Hossainy discloses wherein providing a base stent comprises a step of roughening the surface to be penetrated by the covering material (Fig. 7A and col. 7, lin. 16-21 disclose the tubular inner surface of the stent comprises covering 401 where the covering extends into the rough surface or asperities); wherein the step of roughening comprises a step of micro grinding, press forming or sandblasting the surface to be roughened (col. 7, lin. 50-55 discloses sand blaster to form the asperities); wherein the step of roughening comprises applying a laser to the surface to be roughened (col. 3, lin. 19-25 discloses laser).
Regarding claims 6 and 14, Hossainy discloses the roughened surface comprises microcavities, wherein the microcavities are blind holes (the asperities 314 are blind holes having a height of 0.1-10 microns; col. 9, lin. 1-6).
Regarding claim 12, Hossainy discloses wherein the rough surface further comprises blind holes into which the covering material penetrates at least partially (Fig. 7A discloses the asperities 314 are blind holes; and Fig. 7A and col. 7, lin. 16-21 disclose the tubular inner surface of the stent comprises covering 401 where the covering extends into the rough surface or asperities).
Conclusion
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YASHITA SHARMA whose telephone number is (571)270-5417. The examiner can normally be reached on 8am-5pm M-Th; 8am-4pm Fri. If attempts to reach the examiner by telephone are unsuccessful, the examiner' s supervisor, Jerrah Edwards, can be reached at 408-918-7557. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/YASHITA SHARMA/
Primary Examiner, Art Unit 3774
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