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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-19, in the reply filed on December 18, 2025, is acknowledged.
Claim 20 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
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.
Claim 1-11 and 13-19 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Antonyshyn (US 2012/0010711).
Claim 1: Antonyshyn discloses a method including placing a mesh member in a cavity of a mold assembly including a forming surface (figs. 11, 13; ¶¶ 79-82, 91-92); adding liquid at a temperature above a first temperature threshold to the cavity, thereby softening the mesh member and conforming a shape of the member to the surface (¶¶ 81, 92); and cooling the mesh member in the mold assembly to set the shape of the mesh member to the forming surface (¶ 82).
Claim 2: Antonyshyn discloses liquid being added to the cavity when the mold assembly is disposed in a tank (figs. 11, 13; external reservoir 430; thermal bath 530; ¶¶ 79-81, 91-92).
Claim 3: Antonyshyn discloses at least a portion of the mold assembly being disposed in the tank when the mesh member is placed in the cavity of the mold assembly (fig. 11; ¶¶ 79-80).
Claim 4: Antonyshyn discloses placing a portion of the mold assembly in the tank after placing the mesh member in the cavity (fig. 11; tool 400; ¶¶ 79-81).
Claim 5: Antonyshyn discloses the tank includes liquid prior to placing a portion of the mold assembly (tool 400) in the tank (fig. 11; ¶¶ 79-81).
Claim 6: Antonyshyn discloses placing a portion of the mold assembly in the tank including submerging a portion of the mold assembly (mold 410) in the tank (fig. 11; ¶¶ 79-81).
Claim 7: Antonyshyn discloses adding liquid includes at least partially filling the tank with liquid after placing a portion of the mold assembly (mold 410) in the tank (fig. 11; ¶¶ 79-81).
Claim 8: Antonyshyn discloses cooling the mesh member includes removing a portion of the mold assembly (tool 400) from the tank (¶ 82).
Claim 9-10: Antonyshyn discloses forming tool 410 being brought into the cavity and forcing the liquid residing in the cavity into reservoir 435, and removing tool 410 from the cavity which would necessarily expose the mesh member to air that enters the cavity when tool 410 is removed from the tank (¶ 80).
Claim 12: Antonyshyn discloses cooling the mesh member includes cooling the mesh member in the tank (¶ 82).
Claim 14: Antonyshyn discloses cooling liquid in the tank and the cavity below a second temperature threshold, thereby cooling the mesh member in the mold assembly to set the shape of the mesh member to the forming surface (¶82).
Claim 15: Antonyshyn discloses cooling the mesh member includes draining liquid from the cavity and adding liquid below a second temperature threshold to the tank so that liquid at least partially submerges at least a portion of the mold assembly (mold 410) and enters the cavity, thereby setting the shape of the mesh member to the forming surface (¶¶ 80-82).
Claim 16: Antonyshyn discloses adding liquid includes filling the cavity with liquid and holding liquid in the cavity for a predetermined period of time (¶ 80; the predetermined period of time being the time required to at least contact and soften the mesh material).
Claim 17: Antonyshyn discloses the liquid remaining in the cavity, and not exiting mold 410 when liquid is held in the cavity at least until tool 410 enters the cavity (fig. 11; ¶¶ 79-80).
Claim 18: Antonyshyn discloses cooling the mesh member includes replacing liquid in the cavity with liquid at a temperature below a second temperature threshold that cools the mesh member in the mold assembly to set the shape of the mesh member to the forming surface (¶¶ 80-82).
Claim 19: Antonyshyn discloses cooling the mesh member includes draining the cavity by inserting tool 400 into the cavity after holding the liquid in the cavity for the predetermined period of time, and then providing liquid at a temperature below a second temperature threshold into the cavity that cools the mesh member in a portion of the mold assembly (mold 410) to set the shape of the mesh member to the forming surface (¶¶ 80-82; the predetermined period of time being the time required to at least contact and soften the mesh material).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Antonyshyn (US 2012/0010711), as applied to claim 8 above.
Antonyshyn discloses cooling the mesh member includes placing the member in a second tank that contains liquid comprising a temperature less than a second temperature threshold, wherein the liquid in the second tank cools the mesh member to set the shape of the mesh member to the forming surface (¶ 82), but is silent as to including at least a portion of the mold assembly. However, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the application to have included mold 410 during the immersion into the second tank in order to maintain the shape of the implant during cooling.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LARRY THROWER whose telephone number is (571)270-5517. The examiner can normally be reached 9am-5pm MT M-F.
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/LARRY W THROWER/Primary Examiner, Art Unit 1754