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 .
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.
Response to Arguments
Applicant's arguments filed 6/1/26 have been fully considered but they are not persuasive. The applicant argues that Puckett’s invention is a seamed tube, while the present invention differs in being a continuous, seamless tube. The examiner acknowledges that Puckett says that “in some embodiments, a seam may be present”, as pointed out by the applicant, but notes that the bolded words indicate that these are not essential to Puckett’s invention. Further, the applicant does not claim a seamless tube. In claim 1 the applicant claims a “continuous surface”, which does not exclude a seam, and a “spiral rolled configuration,” with suggests a seam at the edge of the rolled configuration.
Claim Objections
Claim 3, 4 are objected to because of the following informalities: “polymers” should read “polymer”. Appropriate correction is required.
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) 1-4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Puckett (WO2013151778).
With regards to claim 1, Puckett discloses a tubular electrospun graft implant (90), comprising: (a) an electrospun tube (70), wherein the electrospun tube (70) has a longitudinal axis (Pg 35, Line 3; “wrapped, e.g., around a hypotube,” a tube will inherently have a longitudinal axis), and an outer surface (Refer to figure below), wherein the electrospun tube (70) is a continuous inner lumen (70, where a tube is continuous) for the tubular electrospun graft implant (FIG 8); (b) one or more polymer layers of an electrospun sheet (76) rolled over the outer surface (Pg 35, Line 4; “An unsintered mat of espun PTFE 76 is wrapped around the structural frame”; wherein the term “wrapped” is synonymous with “rolled”) of the electrospun tube (70) and around the longitudinal axis of the electrospun tube (70), wherein the one or more rolled polymer layers of the electrospun sheet (76) provide the electrospun tube (70) a spiral rolled configuration at the outer surface of the electrospun tube (88); and (c) an electrospun polymer tube (78) surrounding the spiral configuration, wherein the electrospun polymer tube (78) is a continuous outer surface of the tubular electrospun graft implant (FIG 8).
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With regards to claim 2, Puckett discloses the tubular electrospun graft implant as set forth in claim 1, wherein there are between 10 to 20 layers (pg 10, line 29, “the composite devices described herein can have… 10-layered, or having even more layers”).
With regards to claim 3, Puckett discloses the tubular electrospun graft implant as set forth in claim 1, wherein each of the one or more polymer layers have a thickness between 30 micrometers to 50 micrometers or a thickness between 20 micrometers to 100 micrometers (pg 9, line 16; “each layer can have an average thickness ranging from about 0.0001 inches to about 0.25 inches”).
With regards to claim 4, Puckett discloses the tubular electrospun graft implant as set forth in claim 1 wherein there are two or more polymer layers wherein the layers have different fiber directions relative to each other (pg 8, line 25; “electrospun layers… are in random orientation with respect to one another”).
Conclusion
THIS ACTION IS MADE FINAL. 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RENEE FLORENCIA NERENBERG whose telephone number is (571)272-9599. The examiner can normally be reached M-F 7:30-5.
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://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Melanie 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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/R.F.N./Patent Examiner, Art Unit 3774
/MELANIE R TYSON/Supervisory Patent Examiner, Art Unit 3774
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