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 .
Election/Restrictions
Applicant’s election without traverse of Group I (claims 1-10) in the reply filed on 6/10/26 is acknowledged. Claims 11-34 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 6/10/26.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 5 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 5 recites the limitation "the elongate member". There is insufficient antecedent basis for this limitation in the claim.
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.
Claim(s) 1, 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Perkins et al. 2021/0000586.
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Noting figures 9-12, Perkins et al. discloses the invention as claimed comprising: A method of deploying a multibranch stent graft (see fig. 7 supra) at a target site (e.g. arch AA of the aorta [0039]) having a main lumen and a first branch lumen (e.g. BCA), the method comprising: advancing a main guidewire (GW1) to a target site; advancing a catheter ([0092] “…The catheter including the stent device may be loaded onto all three guidewires…The catheter may be navigated to the aortic arch, as shown in FIG. 9, for deployment of the stent device to begin….) including a main body of a multibranch stent graft along the main guidewire toward the main lumen of the target site, the main body having a first portion and a second portion (this is inherent), the main body defining a first portal (e.g. 104) operable to provide fluidic access from the main body to a first side branch extending from the target site when the main body is deployed at the target site, the first portal being pre-cannulated with a first secondary guidewire prior to advancing the main body along the main guidewire (see [0095] which discuses pre-wiring of the guidewires through the coupling 104); partially deploying the second portion of the main body in the main lumen of the target site; advancing a first sheath along the first guide member through the first portal; advancing a first articulatable guide catheter through the first sheath (this is interpreted because [0094 states that “…the stent device may begin deployment by retracting the constraining sheath 904 to begin to expose the first rows of stent rings… thus the first and second portions may be deployed partially and incrementally as the sheath/constraining member is retracted); positioning the first articulatable guide catheter into a first branch lumen of the
target site (see [0093] which states “… The guidewires then extend through the interior of the stent device and out through the catheter to the femoral access site. In the example shown, guidewire GW2 extends through the coupling intended for the artery BCA and guidewire GW3 extends through the coupling intended for the artery LSA); partially deploying the first portion of the main body in the main lumen of the
target site; fully deploying the first portion and the second portion of the main body;
advancing a first side branch body along the first articulatable guide catheter into
the first branch lumen of the target site; and deploying the first side branch body in the first branch lumen of the target site (see fig. 12).
8. Regarding claim 6 “…wherein the main body further defines a second portal and a third portal operable to provide fluidic access from the main body to a second side branch and a third side branch extending from the target site when the main body is deployed at the target site, the second portal being pre-cannulated with a second guide member and the third portal being pre-cannulated with a third guide member prior to advancing the main body along the main guidewire” see [0093] which states “there may be couplings intended for any combination of the three great vessels, and guidewires may extend through any or all of them in other embodiments.”
Claim Rejections - 35 USC § 103
9. 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.
10. Claim(s) 5 are rejected under 35 U.S.C. 103 as being unpatentable over Perkins et al. 2021/0000586.
11. Regarding claim 5 as best interpreted (due to lack of antecedent basis as noted supra) Perkins et al. discloses the GW1 may be retained by a sheath prior to being routed.
12. Regarding claims 7-9, Perkins does not specifically state e.g. “…further comprising: advancing a second sheath along the second guide member through the second portal; advancing a second articulatable guide catheter through the second sheath; positioning the second articulatable guide catheter into a second branch lumen of the target site; advancing a third sheath along the third guide member through the third portal; advancing a third articulatable guide catheter through the third sheath; and
positioning the third articulatable guide catheter into a third branch lumen of the
target site.” However Perkins does states in [0094] “... As the constraining sheath is retracted, portions of the guidewires GW2 and GW3 that were trapped between the sheath and the stent device are freed.” It would have been obvious to modify the invention of Perkins et al. to utilize a first, second and third sheath with the guidewires in order to controllably release the branches within each of the BCA, LCC AND LSA lumens. It is further obvious that all deployment instruments e.g. guidewires, sheath and catheters would be removed from the vasculature after deployment of the implant.
13. Claim(s) 10 is rejected under 35 U.S.C. 103 as being unpatentable over Perkins et al. 2021/0000586 in view of Chu et al. 2018/0177622.
Perkins et al. has been disclosed supra however does not disclose wherein the catheter is removed prior to advancing the first, second, and third sheaths. Chu et al. teaches that a graft can be deployed by withdrawing the deployment catheter causing the ipsilateral branch sheath to be withdrawn either before or after the contralateral branch sheath is withdrawn. It would have been obvious to modify the invention of Perkins et al. and remove the catheter removed prior to advancing the first, second, and third sheaths in order to remove the bulk and unnecessary instruments during deployment.
Allowable Subject Matter
14. Claims 2-4 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.
15. The following is a statement of reasons for the indication of allowable subject matter: Perkins et al. has been disclosed supra, however the prior art fails to teach or disclose the limitations of claim 1 in combination with deploying an embolic filter in the first branch lumen of the target site; aspirating a filter sheath of the embolic filter; and removing the embolic filter after the first side branch body has been deployed.
Conclusion
16. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Suzette Gherbi whose telephone number is (571)272-
4751. The examiner can normally be reached on Monday-Friday 7:00am-3:00pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http:/Avww.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Melanie Tyson can be reached on 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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/SUZETTE J GHERBI/Primary Examiner, Art Unit 3774 August 18, 2026
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