Prosecution Insights
Last updated: August 16, 2026
Application No. 18/508,005

ENDOVASCULAR DEVICES

Non-Final OA §102
Filed
Nov 13, 2023
Priority
Nov 15, 2022 — provisional 63/383,877
Examiner
WILLSE, DAVID H
Art Unit
3774
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Merit Medical Systems Inc.
OA Round
1 (Non-Final)
68%
Grant Probability
Favorable
1-2
OA Rounds
1y 1m
Est. Remaining
81%
With Interview

Examiner Intelligence

Grants 68% — above average
68%
Career Allowance Rate
396 granted / 586 resolved
-2.4% vs TC avg
Moderate +13% lift
Without
With
+13.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 10m
Avg Prosecution
33 currently pending
Career history
627
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
38.0%
-2.0% vs TC avg
§102
32.7%
-7.3% vs TC avg
§112
19.0%
-21.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 586 resolved cases

Office Action

§102
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 . Information Disclosure Statement In the Information Disclosure Statement of January 2, 2024, two references were not considered because a complete copy (37 CFR § 1.98(a)(2); MPEP § 609.04(a)II) was not provided: the file copies lack the original foreign patent documents, including complete sets of drawings. In the Information Disclosure Statement of May 11, 2026, the number listed (item 5) for the foreign patent document does not match that of the copy provided. Specification The disclosure is objected to because of the following informalities: In paragraph 0002, last line, “prosthesis” should read --prostheses--. In paragraph 0030, third line, “a short… lesions” lacks proper grammatical syntax. In paragraph 0032, typographical errors exist on the sixth and seventh lines. In paragraph 0033, sixth line, “17” should be --16--. In paragraph 0034, the fifth and sixth lines lack proper syntax. In paragraph 0036, second line, reference numerals “130” and “140” are not believed to be indicated in the drawings. In paragraph 0037, seventh line, “longitudinally direction” lacks proper syntax; on the tenth line, “multiples helixes” also lack proper syntax. Numerous other errors were noted, and Applicant should carefully review the specification and drawings in their entirety. 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. Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by McDonald, US 5,676,697, which illustrates a stent comprising a body 110 comprising a first end portion 126 with a first opening 120 and a second end portion 128 with a second opening 122 between which openings extends a lumen 130 (Figures 2, 8-10; abstract; column 2, lines 35-44; column 4, lines 1-23; column 7, lines 5-58) and a single fenestration 114 disposed in a side wall in a center portion of body 110 in a curved length direction (Figures 6-8; column 7, line 59, to column 8, line 8). Regarding claims 2-3, symmetry about fenestration 114 center and body 110 center is evident from the purpose of the stent and from Figures 2 and 7-10 (MPEP § 2125). Regarding claims 4, 6-7, and 16, greater diameters and areas are innate from the respective anatomical sizes (Figures 2 and 8-10). Regarding claim 5, lesser diameters along a generally superior-inferior dimension or direction are also depicted in the drawings in view of the resemblance to “trousers without any appreciable seat” (column 7, lines 9-13); moreover, single fenestration 114 may assume a more elliptical or slot-like form at some stages and thus define some lesser diameters along a central portion of body 110 (Figures 6-7, 11, 13; column 10, lines 38-39; column 12, line 12, et seq.). The further limitations of claims 8-11 and 15 are readily apparent (MPEP § 707) from the drawings in light of the discussion above; the resilient support of frames 124, 126, 128 is described in column 7, line 22, et seq. Regarding claim 12, the wire coil spring of frame 124 (Figures 11 and 13-14; column 12, line 12, et seq.) is viewed as a marker band because of its geometry and its apparently being of a metallic material. Regarding claims 13-14, trunk stent 140 is configured to extend through single fenestration 114 and couple to body 110 with anchors 145, 147 (Figures 2-5, 10; column 4, lines 23-39; column 8, lines 9-65; column 11, lines 16-58). Regarding method claim 17, the claimed steps are clearly illustrated in Figures 6-8 and described in column 9, line 56, et seq. Regarding claim 18, stent end portions 126 and 128 do not extend to the internal iliac arteries (Figures 7-10). Regarding claims 19-20, as noted above, trunk stent 140 is advanced to body 110 in iliac arteries 16 and 18 and deployed in and coupled to single fenestration 114 (Figures 8-10; column 8, lines 9-65; column 11, lines 16-58). Conclusion The prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure: US 2006/0247760 A1: Figures 8A-8C; paragraphs 0055-0056. Any inquiry concerning this communication or earlier communications from the examiner should be directed to David H. Willse, whose telephone number is 571-272-4762. The examiner can normally be reached on Monday through Thursday. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor Thomas Barrett can be reached at telephone number 571-272-4746. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://portal.uspto.gov/external/portal. Should you have questions about access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). 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. /DAVID H WILLSE/ Primary Examiner, Art Unit 3774
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Prosecution Timeline

Nov 13, 2023
Application Filed
Jul 29, 2026
Non-Final Rejection mailed — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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RECORDING MEDIUM STORING CONVERSION PROGRAM AND CONVERSION DEVICE
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Patent 12690991
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Patent 12690980
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Patent 12685652
AUTOMATED HAND
1y 5m to grant Granted Jul 21, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
68%
Grant Probability
81%
With Interview (+13.2%)
3y 10m (~1y 1m remaining)
Median Time to Grant
Low
PTA Risk
Based on 586 resolved cases by this examiner. Grant probability derived from career allowance rate.

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