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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, all of the claimed subject matter of claims 68-85 must be shown or the feature(s) canceled from the claim(s). None of the current drawings show any of the claimed subject matter in claims 68-85. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claim 71 recites the limitation "the first ends” and “the second ends” There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 78, it is unclear as to what is meant by “transversely outer strips, which extend longitudinally”. Are the thrombogenic elements extending longitudinally or the strips? For the purpose of examination, “transversely outer strips” are interpreted to mean “transversely extending outer strips. 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 68-85 are rejected under 35 U.S.C. 102(a)(1) and 102 (a)(2) as being anticipated by Strecker (2001/0003801).
Regarding claim 68, Strecker discloses a support structure 56 (Fig. 17) with thrombogenic elements 2 for a stent graft 1 (Fig. 13), sized and shaped to be mounted on a stent graft (par. 0107), wherein the support structure comprises at least one strip of a fabric (par. 0107 and Fig. 17), wherein a plurality of elongated thrombogenic elements 2 and 48 are attached to the at least one strip 56.
Regarding claim 69, Strecker discloses wherein the thrombogenic elements are sewn, glued, welded or riveted to the at least one strip (claim 6 discloses the thrombogenic elements are glued). Furthermore, the claimed phrase “are sewn, glued, welded or riveted” is being treated as a product-by-process limitation and a product-by-process claim is not limited to the manipulations of the recited steps, only the structure implied by the steps. Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. MPEP 2113.
Regarding claim 70, Strecker wherein the elongate thrombogenic elements comprise a first and a second end, which are attached to the strip, wherein the thrombogenic elements form a loop 4 (Fig. 1).
Regarding claim 71, as best understood, Strecker discloses wherein the elongate thrombogenic elements comprise a first and a second end, wherein the first ends are connected to the strip and the second ends are releasably connected to one or two or more releasable secondary strips (Fig. 20 and par. 0110 disclose the ends of thrombogenic elements are attached to strips 63 which are Velcro and are releasable).
Regarding claims 72 and 73, Strecker discloses wherein the at least one strip is formed by one of threads and fibres (par. 0107 discloses fabric) wherein the at least one strip is made of a synthetic fibre like a polyamide, PET, PE, PTFE, FEP or PFA (par. 0030 discloses PTFE).
Regarding claim 74, Strecker discloses wherein the support structure comprises only one primary strip 56, to which the thrombogenic elements are fixedly attached (Fig. 17).
Regarding claim 75, Strecker discloses wherein the support structure comprises a plurality of parallel strips which extend longitudinally and are transversely spaced apart, wherein the longitudinal strips are interconnected by transversely extending strips, such that the longitudinal and the transverse strips form a mesh (par. 0029 discloses an outer fabric sheath forming a mesh).
Regarding claims 76-77, Strecker discloses wherein the support structure comprises a longitudinally extending membrane which is attached to the strips and wherein the membrane is made of or comprises a plastic (par. 0029 discloses a plastic membrane).
Regarding claim 78, as best understood, Strecker discloses wherein the thrombogenic elements are attached to transversely outer strips, which extend longitudinally (longitudinally extending thrombogenic elements 2; Fig. 17).
Regarding claim 79, Strecker discloses a stent graft 1 (Figs. 13 and 18) comprising one body part with a graft, wherein at least one support structure according to claim 68 is arranged on a radially outer surface of the graft (Fig. 17 and par. 0107 disclose the support structure 56 wraps filaments 2 which are located on the outer surface of the graft 1; Fig. 13).
Regarding claim 80, Strecker discloses wherein at least one support structure is one of sewn, glued and welded to the at least one body part (claim 6 discloses glue). Furthermore, the claimed phrase “is one of sewn, glued, welded or riveted” is being treated as a product-by-process limitation and a product-by-process claim is not limited to the manipulations of the recited steps, only the structure implied by the steps. Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. MPEP 2113.
Regarding claim 81, Strecker discloses wherein at least one support structure 56 is wound helically around the at least one body part (Fig. 17 and Fig. 13 disclose the support structure 56 is attached to the thrombogenic elements 2 which are wound helically around the stent 1).
Regarding 82, Strecker wherein a longitudinal direction of at least one support structure 56 is parallel to a longitudinal axis of the at least one body part (Fig. 17 and Fig. 13 disclose the support structure 56 is attached to the thrombogenic elements 2 which are arranged in a longitudinal axis of the stent 1).
Regarding claim 83, Strecker discloses wherein at least one support structure is wound circumferentially around the at least one body part (Fig. 17 and Fig. 14 disclose the support structure 56 is attached to the thrombogenic elements 2 which are wound circumferentially around the stent 1).
Regarding claim 84, Strecker discloses wherein the stent graft (Fig. 23) comprises at least two body parts 60 and (61, 61’), wherein a first tubular body part includes a proximal opening and two distal openings (top opening of 60 and bottom openings of 61 and 61’), and a second tubular body part 1 is attached to one of the distal openings (Fig. 23), and wherein at least one support structures are attached to at least one of the first and second body part (support structure 2 and 2’ are attached to 61 and 61’).
Regarding claim 85, Strecker discloses wherein at least two support structures are arranged on the outer surface of the at least one body parts (support structures 2 and 2’ are attached to 61 and 61’).
Conclusion
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 (MT).
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