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 .
Applicant’s election without traverse of Group I (claims 1-16, product) in the reply filed on 8/19/2025 is acknowledged.
Claims 17-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 8/19/2025.
Claim Rejections - 35 USC § 103
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 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) 1-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen USPUB 20160184489 in view of Aizenberg USPUB 20180362875.
Regarding claim 1, Chen disclose biocompatible implants or devices (para 0087) comprising a metallic structure (para 0061); and an organosilane plasma polymerization (OPP) coating disposed on a surface of the metallic structure (para 0086), the OPP coating disposed on bare metal of the metallic structure and forming a nano-textured surface (para 0086). Chen is silent as to the silica being inorganic. Aizenberg teaches biocompatible implants (para 0226) were known to comprise plasma treated (para 0030) nanoscale coatings (para 0109,0123) including silica (para 0122). IT would have been obvious before the effective filing date of the claimed invention to modify the Chen coating to include silica as taught in Aizenberg to be a suitable biomedical device plasma coating material.
Regarding claim 2, see Chen paragraphs 0087-0088.
Regarding claim 3, see Chen paragraph 0088.
Regarding claim 4, see Chen paragraphs 0082-0086.
Regarding claim 5, the limitation is a product by process limitation which does not appreciably provide structural features beyond the device coating in Chen.
Regarding claim 6, the limitation is a product by process limitation which does not appreciably provide structural features beyond the device coating in Chen.
Regarding claim 7, see Chen paragraph 0086.
Regarding claim 8, Chen discloses a bio-compatible implant or device (para 0087) comprising a metallic structure (para 0061); and a composite coating disposed on a surface of the metallic structure (para 0086), the coating disposed on bare metal of the metallic structure and forming a nano-textured surface (para 0086). Chen is silent as to the coating comprising silica-DEA, silica-MEA or silica-TEA functionalized coating. Aizenberg teaches biocompatible implants (para 0226) were well known to comprise nanoscale coatings (para 0109,0123) including silica (para 0122) and functionalized amine groups (para 0037,0043). It would have been obvious before the effective filing date of the claimed invention to modify the Chen coating to include silica and amine functional groups as taught in Aizenberg to provide well known suitable biomedical device coating materials.
Regarding claim 9, Aizenberg teaches dopamine (para 0037,0043).
Regarding claim 10, Chen and Aizenberg teach polymerized coatings (para 0085).
Regarding claim 11, Chen disclose stent or wire or catheter (para 0086)
Regarding claim 12, Chen disclose nitinol or S/S (para 0088)
Regarding claim 13, Chen and Aizenberg disclose plasma treatment as described supra.
Regarding claim 14, the limitation is a product by process limitation which does not appreciably provide structural features beyond the device coating in Chen.
Regarding claim 15, the limitation is a product by process limitation which does not appreciably provide structural features beyond the device coating in Chen.
Regarding claim 16, Chen disclose the thickness (para 0086)
Conclusion
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/WILLIAM H MATTHEWS/ Primary Examiner, Art Unit 3774
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