Prosecution Insights
Last updated: April 19, 2026
Application No. 18/325,351

FISTULA TREATMENT DEVICE

Final Rejection §102
Filed
May 30, 2023
Examiner
TON, MARTIN TRUYEN
Art Unit
3771
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
National University Of Ireland Galway
OA Round
4 (Final)
61%
Grant Probability
Moderate
5-6
OA Rounds
3y 7m
To Grant
95%
With Interview

Examiner Intelligence

Grants 61% of resolved cases
61%
Career Allow Rate
319 granted / 521 resolved
-8.8% vs TC avg
Strong +34% interview lift
Without
With
+34.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 7m
Avg Prosecution
48 currently pending
Career history
569
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
48.0%
+8.0% vs TC avg
§102
26.7%
-13.3% vs TC avg
§112
18.9%
-21.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 521 resolved cases

Office Action

§102
DETAILED ACTION The following Office Action is in response to the Amendment filed on December 22, 2025. Claims 105-122 and 124 are currently pending. 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 . Response to Arguments Concerning the “III. Section 103 Rejections” section on pages 1-5 of the Applicant’s Response filed on December 22, 2025, the applicant’s arguments have been fully considered, but they are moot in view of the new ground(s) of rejection. Claim Objections Claim 112 is objected to because of the following informalities: Line 2 of the claim recites the phrase “extending readily inwards”, wherein the word “readily” appears to be a misspelling of the word “radially”. 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) 111-116 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ranucci et al. (US 2015/0133972, hereinafter Ranucci). Concerning claim 111, the Ranucci et al. prior art reference teaches a helical implant (Figures 1-15; 4), capable of being used to treat a fistula, comprising: a helical coil portion (See OA Figure 1 below) including a proximal most end and a distal most end (See OA Figure 1 below) having a driver interface portion (Figure 10; 24) configured to provide a push point of the helical implant and transfer force to drive the helical implant into tissue (Figure 10; walls defining cavity 24 provide push point transferring force to push central post 22 to drive implant into tissue), at least one feature disposed on the helical coil portion distal to the driver interface portion and proximal the distal most end of the helical coil portion (Figure 1; outer surface of coil winding may be interpreted as a feature | See OA Figure 1 below), wherein the driver interface portion is provided at a location distal the proximal most end of the helical coil portion and proximal the at least one feature (Figure 10; 24), wherein, in a delivery configuration, a distal end of an implant driver is configured to engage the driver interface portion of the helical implant to urge the helical implant into the tissue (Figure 15; implant driver 100 engages driver interface portion via wings 14). PNG media_image1.png 274 641 media_image1.png Greyscale OA Figure 1 Concerning claim 112, the Ranucci reference teaches the helical implant of claim 111, wherein the driver implant portion includes a first portion extending radially inwards from the helical coil portion (Figure 10; lateral portion of cavity 24 extends radially inward from the helical coil portion) and a second portion extending radially outwards from the helical coil portion (Figure 10; distal radial wing 14 may be interpreted as being part of the driver interface portion, and extends radially outward from the helical coil portion). Concerning claim 113, the Ranucci reference teaches the helical implant of claim 112, wherein the driver interface portion extends across a thickness of the helical implant (Figure 10; diameter of lateral portion of cavity 24 extends across the diameter of the thickness of the coil). Concerning claim 114, the Ranucci reference teaches the helical implant of claim 111, wherein the helical coil portion includes a trough disposed along a length of the helical coil portion (inner surface of coil winding defines trough | See OA Figure 1 above) and a taper portion defined by a radially interior surface of the helical implant ([¶ 0030)]. Concerning claim 115, the Ranucci reference teaches the helical implant of claim 114, wherein the taper portion tapers toward the proximal end of the helical implant, and the taper portion is located distal of the driver interface portion (Figure 1; 4 | [¶ 0030]). Concerning claim 116, the Ranucci reference teaches the helical implant of claim 111, wherein the helical implant is bioabsorbable ([¶ 0039]), and wherein the at least one feature is configured to inhibit the helical implant from moving in a direction away from the tissue during the delivery configuration (outer surface of coil winding will frictionally engage tissue as it is delivered, therein inhibiting the helical implant from moving in a direction away from the tissue during the delivery configuration). Allowable Subject Matter Claims 105-110, 117-122, and 124 are allowed. 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 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 MARTIN TRUYEN TON whose telephone number is (571)270-5122. The examiner can normally be reached Monday - Friday; EST 10:00 AM - 6:30 PM. 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, Darwin Erezo can be reached at 571-272-4695. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /MARTIN T TON/Examiner, Art Unit 3771 3/5/2026
Read full office action

Prosecution Timeline

May 30, 2023
Application Filed
Jul 26, 2024
Non-Final Rejection — §102
Jan 31, 2025
Response Filed
Apr 01, 2025
Final Rejection — §102
Jul 07, 2025
Response after Non-Final Action
Jul 22, 2025
Request for Continued Examination
Jul 29, 2025
Response after Non-Final Action
Aug 20, 2025
Examiner Interview (Telephonic)
Aug 20, 2025
Non-Final Rejection — §102
Nov 12, 2025
Interview Requested
Nov 18, 2025
Applicant Interview (Telephonic)
Nov 18, 2025
Examiner Interview Summary
Dec 22, 2025
Response Filed
Mar 05, 2026
Final Rejection — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

5-6
Expected OA Rounds
61%
Grant Probability
95%
With Interview (+34.2%)
3y 7m
Median Time to Grant
High
PTA Risk
Based on 521 resolved cases by this examiner. Grant probability derived from career allow rate.

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