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 11-20 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.
The term “developing” in claims 11-16 is a relative term which renders the claims indefinite. The term “developing” is not defined by the claims, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The recited features of “developing structure” and “developing portion” and “developing points” and “developing wire” and “developing ring ” implies some sort of changing or evolving apparatus, yet it is impossible to know what this sort of structure is defined to be when one does not even know what is “developing” so there is ambiguity by the clauses.
Dependent claims carry the same issue as the independent.
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.
Claim(s) 11-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Xiao et al. (WO 2020/259708). Fig. 8 shows a branch stent 50, comprising: a stent body 51 and a skirt structure (53 + 55) disposed on the stent body, wherein the stent body 51 comprises a main body stent and a main body covering film 511 disposed on the main body stent; and the skirt structure comprises a sealing stent segment 55 connected to the stent body and a fixing stent segment 53 connected to the sealing stent segment, and the skirt structure is configured to provide with a developing structure as best understood. Further since the same structure as claimed is disclosed by the prior art at the same level of scope, it meets the scope of the claim. Regarding claim 12, see Fig. 8 the fixing stent segment comprises a fixing segment stent 531 and a fixing segment covering film 533 disposed on the fixing segment stent; and the developing structure comprises a fixing developing portion 555 disposed on the fixing segment stent and/or an end developing portion disposed on the fixing segment covering film. Regarding claim 13, Fig. 11 shows the fixing developing portion comprises a plurality of fixing developing points 555 disposed at spaced circumferential intervals on the fixing segment stent 551. Regarding claim 14, each of the fixing developing points 555 is fixed on the fixing stent segment by welding or suturing, or each of the fixing developing points is developing wire that is spirally (page 10 of translation) wound to the fixing stent segment 551.
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(s) 15 is rejected under 35 U.S.C. 103 as being unpatentable over Xiao et al. (WO 2020/259708). Xiao et al. is explained supra. However, Xiao et al. was silent as to positioning the developing portion. Please note claim 15 recites arbitrary locations, such as points, an edge and since Xiao discloses the recited structure, it is within ordinary skill is fully capable of arranging the elements such that the end developing portion comprises a plurality of end developing points disposed at spaced circumferential intervals on the fixing segment covering film, and the end developing points are disposed at an end edge of the fixing segment covering film; or the end developing portion comprises developing ring disposed at the end edge of the fixing segment covering film. Such a modification only involves routine skill in the art and minor in selecting the appropriate position to seal a branch.
Claim(s) 16-19 are rejected under 35 U.S.C. 103 as being unpatentable over Xiao et al. (WO 2020/259708) in view of Xiao et al. (2019/0175327). Xiao et al. is explained supra. However, Xiao et al. did not explicitly disclose the sealing stent segment has a conical shape, the sealing stent segment comprises a sealing segment stent and a sealing segment covering film disposed on the sealing segment stent, the developing structure further comprises a plurality of sealing developing points disposed on the sealing segment stent, and the plurality of sealing developing points are uniformly disposed on the sealing segment stent in a circumferential direction. Xiao et al. teach (Figs. 15A,B) a sealing stent segment defined as a second radial support structure 825 with a conical shape and comprises the stent and the covering film 824. The plurality of sealing developing points can be construed as the radiopaque elements 826 disposed on the stent 825 and they are uniformly disposed in a circumferential direction as seen in Fig. 15A. Therefore, the person of ordinary skill in the art is fully capable of adding such a feature with the branch stent of Xiao ‘708. Regarding claim 17, Xiao ‘708 did not disclose the sealing segment stent is hooked to the fixing segment stent, and the sealing segment covering film is integrated with the fixing segment covering film. However, Xiao ‘327 teaches (Fig. 15B) the two segments 823 and 525 are hooked together. Thus it would be obvious to one of ordinary skill in the art to utilize the coupling arrangement of Xiao ‘327 with a branch stent of ‘708 such that the sealing segment stent is hooked to the fixing segment stent, and the sealing segment covering film is integrated with the fixing segment covering film, see claim 4 of Xiao ‘708. With respect to claim 18, Xiao ‘708 was silent the sealing segment stent is hooked to the main body stent, and the sealing segment covering film is fixedly connected to the main body covering film by hot melting. However, Xiao ‘327 teaches (paragraph 41) the coating membrane 324 seals and connects the tube body and the flexible connecting section 322, moreover this film is fixed by hot melting as disclosed in paragraph 42. Thus manufacture routines are ordinary modifications one of skill in the art is fully capable of achieving with the prior art disclosures. With respect to claim 19, Xiao ‘708 did not explicitly state a wire diameter of the sealing segment stent and the fixing segment stent are both smaller than that of the main body stent. However, Xiao ‘327 teaches (paragraph 66) the concept of two wire diameters being different and the same purpose as defined in the description of the present application (pgs 11,12), thus it is obvious to one of ordinary skill in the art to incorporate variations in wire diameter per Xiao ‘327 with the branch stent of Xiao ‘708 for different portions of the structure as a design option to needs of its application.
Claim(s) 20 is rejected under 35 U.S.C. 103 as being unpatentable over Xiao et al. (WO 2020/259708) in view of Wang et al. (10010402). Xiao et al. is explained supra. However, Xiao et al. was silent as the main body stent comprises a covered stent segment provided with the main body covering film and a bare stent segment barely disposed at an end of the main body stent, and a reinforcing wire is disposed on the bare stent segment, and is wound on the bare stent segment. Wang et al. teach (Fig. 2) the bare stent segment 110 is disposed at the end of the main stent body and the reinforcing wire is the bare wave-shaped ring 111, moreover both of them are wound together as seen in Fig. 4. Thus, taking such a teaching one can incorporate the feature of Wang into the branch stent of Xiao ‘708 without any specific inventive skill, since such structures are in the same field of endeavor. Only routine skill is involved.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN E PELLEGRINO whose telephone number is (571)272-4756. The examiner can normally be reached 8:30am-5:00pm M-F.
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/BRIAN E PELLEGRINO/Primary Examiner, Art Unit 3799
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