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
Applicant's arguments filed 9/2/25 have been fully considered but they are not persuasive. Examiner notes Figure 9 describe an open base which provides attachment to the exterior outer posterior surface (see paragraphs 0167+).
Claim Rejections - 35 USC § 102
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.
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.
Claim(s) 1,8,11,12 is/are rejected under 35 U.S.C. 102a(2) as being anticipated by Contiliano USPUB 20230233737.
Contiliano discloses a breast enhancement system (Figures 2,9,12) comprising an enhancement element (inner structure(s) T2/332A/332B//432) selectively coupled to and integrated with a posterior surface of a breast implant via an attachment mechanism, the element having an angular edge (at periphery). The element and breast implant are attached by one of several mechanisms to the inside or outside of the posterior wall. The element having an outer shell of solid material (para [0125]) is considered to be sufficiently rigid as broadly described in Applicant’s specification to meet the function of preventing folding or rippling (Abstract).
Regarding claim 8, element may have a domed configuration (Figures).
Regarding claim 11, the edge is considered radiused as shown in cross section, or in the top view the edge would appear rounded/radiused.
Regarding claim 12, the element comprises an outer shell of a first material filled with a second material (such as gel).
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 WILLIAM H MATTHEWS whose telephone number is (571)272-4753. The examiner can normally be reached Monday-Friday (9-5).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jerrah Edwards can be reached on 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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/WILLIAM H MATTHEWS/Primary Examiner, Art Unit 3774