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
Claims 8-11 and 18-20 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. The device is a tool which deploys a stent and the claims are later modify the tool device to have a stent which is not part of the tool. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Unless the applicant positively claims the limitations by reciting the claims as a System claim including the any potential parts that maybe considered a workpiece.
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.
Claim(s) 1 and 3-20 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by Walsten 5938180.
Walsten discloses the claimed invention as recited in the claims as shown below:
1. A loading device for loading a graft-stent into a graft cover, the loading device comprising: an eye shaft 34 including an eyelet 40 disposed at a first end of the eye shaft; an adjustment shaft 20, wherein a first portion 30 of the adjustment shaft is adjustably coupled to a second end of the eye shaft opposite the first end of the eye shaft such that an overall length of the loading device may be lengthened or shortened via the adjustment shaft; and a rod 14 coupled to a second portion of the adjustment shaft opposite the first portion of the adjustment shaft and
a suture (workpiece) coupled to the eyelet and configured to be coupled to the stent-graft (workpiece).
.
3. The loading device of claim 1, wherein the eyelet includes a gap configured to receive a suture therethrough. See Fig.4
4. The loading device of claim 1, wherein the second end of the eye shaft includes a first threaded portion 36 and the first portion of the adjustment shaft includes a second threaded portion 21 configured to engage the first threaded portion to adjustably couple the adjustment shaft and the eye shaft.
5. The loading device of claim 4, wherein the eye shaft includes a cavity at the second end, wherein the first threaded portion 36 is disposed within the cavity, and wherein the first portion of the adjustment shaft is configured to be received within the cavity such that the second threaded portion engages the first threaded portion to adjustably couple the adjustment shaft and the eye shaft. See Fig.4
6. The loading device of claim 1, wherein the second portion of the adjustment shaft includes a rod cavity 16, wherein the rod is configured to be disposed in the rod cavity to couple the rod to the adjustment shaft.
7. The loading device of claim 6, wherein the rod is configured to be press fit into the rod cavity to couple the rod to the adjustment shaft. See Fig.2
8. The loading device of claim 1, further comprising: a stent-graft including a stent coupled to a graft material, the stent comprising a plurality of struts coupled to each other at crowns; and a suture, wherein the suture is configured to be threaded through a plurality of the crowns at a first end of the stent-graft and to the eyelet of the eye shaft, and wherein lengthening the overall length of the loading device via the adjustment shaft and the eye shaft is configured to make the suture taut and to radially converge the crowns at the first end of the stent-graft. 112 4 th par. The device is not being modified or further limited so the prior art will meet it because any workpiece can be added to the device.
9. The loading device of claim 8, wherein a first end and a second end of the suture are coupled to each other adjacent the eyelet, and wherein a middle portion of the suture is threaded through the crowns at the first end of the stent. . 112 4 th par. The device is not being modified or further limited so the prior art will meet it because any workpiece can be added to the device.
10. The loading device of claim 8, wherein the stent comprises a plurality of stent rings, wherein the suture is coupled to the crowns of one of the plurality of stent rings at the first end of the stent-graft. . 112 4 th par. The device is not being modified or further limited so the prior art will meet it because any workpiece can be added to the device.
11. The loading device of claim 8, wherein the suture comprises a plurality of sutures. . 112 4 th par. The device is not being modified or further limited so the prior art will meet it because any workpiece can be added to the device.
12. A loading device for loading a graft-stent into a graft cover, the loading device comprising: a proximal shaft 20 see Fig.6 having a first eyelet 20 see Fig.6 disposed at a proximal end of the proximal shaft; a distal eye shaft 42 See Fig.6 top including a second eyelet 42 See Fig.6 bottom disposed at a distal end of the distal eye shaft; a distal adjustment shaft, second 20 See Fig.6 wherein a distal portion of the distal adjustment shaft is adjustably coupled to a proximal end of the distal eye shaft opposite the distal end of the eye shaft such that an overall length of the loading device may be lengthened or shortened via the distal adjustment shaft; and a rod 14 having a proximal portion coupled to a distal end of the proximal shaft and a distal portion coupled to a proximal portion of the distal adjustment shaft.
13. The loading device of claim 12, wherein the distal eyelet includes a gap configured to receive a suture therethrough. See Fig.6 where 12 goes into 20
14. The loading device of claim 12, wherein the proximal end of the eye shaft includes a first threaded portion and the distal portion of the adjustment shaft includes a second threaded portion configured to engage the first threaded portion to adjustably couple the distal adjustment shaft and the distal eye shaft. The threaded portion in element 42 reads on this.
15. The loading device of claim 14, wherein the distal eye shaft includes a cavity 16 at the proximal end thereof, wherein the first threaded portion is disposed within the cavity, and wherein the distal portion of the adjustment shaft is configured to be received within the cavity such that the second threaded portion engages the first threaded portion to adjustably couple the distal adjustment shaft and the distal eye shaft. See Fig.6
16. The loading device of claim 12, wherein the proximal portion of the distal adjustment shaft includes a first rod cavity, wherein the distal portion of the rod is configured to be disposed in the first rod cavity to couple the rod to the distal adjustment shaft, and wherein the distal end of the proximal shaft include a second rod cavity, wherein the proximal portion of the rod is configured to be disposed in the second rod cavity to couple the rod to the proximal shaft. See Fig.2
17. The loading device of claim 16, wherein the distal portion of the rod is configured to be press fit into the first rod cavity to couple the rod to the distal adjustment shaft, and the proximal portion of the rod is configured to be press fit into the second rod cavity to couple the rod to the proximal shaft. See Fig.2
18. The loading device of claim 12, further comprising: a stent-graft including a stent coupled to a graft material, the stent comprising a plurality of struts coupled to each other at crowns; and a suture, wherein the suture is configured to be threaded through a plurality of the crowns at a proximal end of the stent-graft, extend proximally to the first eyelet, loop through the first eyelet, extend distally past the stent-graft and to the second eyelet at the distal end of the distal eye shaft, and wherein lengthening the overall length of the loading device via the distal adjustment shaft and the distal eye shaft is configured to make the suture taut and to radially converge the crowns at the proximal end of the stent. . 112 4 th par. The device is not being modified or further limited so the prior art will meet it because any workpiece can be added to the device.
19. The loading device of claim 18, wherein a first end and a second end of the suture are coupled to each other adjacent the second eyelet, and wherein a middle portion of the suture is threaded through the crowns at the proximal end of the stent-graft. . 112 4 th par. The device is not being modified or further limited so the prior art will meet it because any workpiece can be added to the device.
20. The loading device of claim 18, wherein the stent comprises a plurality of stent rings, wherein the suture is coupled to the crowns of one of the plurality of stent rings at the proximal end of the stent-graft. . 112 4 th par. The device is not being modified or further limited so the prior art will meet it because any workpiece can be added to the device.
Allowable Subject Matter
Claim 2 is allowed.
Response to Arguments
Applicant's arguments filed 8/31/26 have been fully considered but they are not persuasive.
The applicant amended the claims in order to place the claims in condition for allowance.
Claim 2 is allowed. The other claims to get the benefit of the sutures and graft-stent. Without positively reciting limitations then 112 fourth will apply. Therefore the claim will stand under rejection. The matter maybe a RCE consideration.
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 LEE D WILSON whose telephone number is (571)272-4499. The examiner can normally be reached M-TH 6;30-4;30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, BRIAN KELLER can be reached at 571-272-8548. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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LEE D. WILSON
Examiner
Art Unit 3723
Ldw
/LEE D WILSON/Primary Examiner, Art Unit 3723 September 16, 2026
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