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 .
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-7 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1, line 3, “the outer wall” lacks antecedent basis.
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.
Claims 1-2 and 4-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhang et al (A flexible and implantable piezoelectric generator harvesting energy from the pulsation of ascending aorta: in vitro and in vivo studies).
Zhang et al teaches an artificial blood vessel comprising:
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a polymer tube (latex tube); and
a piezoelectric vibration element (shown in figure (c )) which is fully capable of emitting and/or receiving vibration) which is disposed at one or both ends of the outer wall of the polymer tube (as depicted in figure (a)), and
including a first electrode (Al) disposed on the outer wall of the polymer tube, a polymer piezoelectric layer disposed on the first electrode (PVDF), and a second electrode (Al) disposed on the polymer piezoelectric layer.
Claim 2, the piezoelectric vibration element is fully capable of generating vibration by receiving electricity.
Claims 4-5, Zhang et al teaches PVDF, therefore, inherently fulfills claim 4 from which claim 5 depends.
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Claims not rejected under prior art
The closes prior art of record is considered to be Zhang et al as detailed above. However, Zhang et al fails to teach the combination of claims 1 and 3; and claims 1 and 6. All claims are currently rejected under 35 U.S.C. 112(b).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRUCE EDWARD SNOW whose telephone number is (571)272-4759. The examiner can normally be reached 7:30 am - 5:00 pm Monday through Thursday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Melanie Tyson can be reached at 5712729062. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRUCE E SNOW/Primary Examiner, Art Unit 3774
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