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 1-34 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.
Regarding claims 1, 11, and 21, is it unclear what “transition” is provided, given that a “framing material” is presumed to already be in a solid state of matter. There are no relative or state-derived qualifiers on the framing material which is applied to the vessel other than stating that both the framing material and the solidifying material provide a transition to a solid state (without previous state-based indicator). Furthermore, it is unclear what state each of the framing material and solidifying substance are allowed before the transition “to a solid state”. Furthermore, the method of claim 1 is incomplete, as the claim provides 2 elements, but never provides a purpose or intention to the method. Regarding claims 22-28, it is unclear what additional steps in the method are being set forth, as the claims are only directed to limitations on the vessel itself, which is not a patentable element of an invention. It is unclear what additional steps in the method are being set forth by the recitation therein.
Regarding claim 32, it is unclear what is being claimed, as the claim lacks proper introduction to “the container” and lacks indication of what is being claimed by the recitation (unclear scope for secure).
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.
(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(s) 1-10, 21-31, and 33-34 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fa-De Chu (US 2008/0228259).
Regarding claims 1 and 21-28, Chu (‘259) discloses and teaches an endovascular device for providing protection to a wall including a framing material to apply to a vessel and a solidifying substance to apply to the framing material, the application transitioning the material and solidifying the substance into a firmer (solid) state (abs, 0015, 0024, 0043, 0045-0046).
Regarding claims 2-7, 29, 31, and 34, Chu (‘259) discloses and teaches the use of multiple precursor substances (0043-0052) including those configured to permeate the framing material (0052) and wherein the combination causes the transition to the solid state either individually or simultaneously (0048-0052). Additionally, the application of the polymer with water is disclosed as meeting the limitation of combining to transition to solid state (0051) from the pliable configuration (0050).
Regarding claims 8-10, 30, and 33 Chu (‘259) discloses and teaches the use of a dipping tray or coating method for saturating the material with the compounds for solidifying the framing material (0015, 0047, 0050-0051), an applicator tool for applying the substance to the framing material via spraying (0047, 0015, 0050), and the disclosure of biocompatible sheets for the framing material scaffolding to wrap around the vessel (0047). The sheets are disclosed as being stitched, glued, bonded, or molded into the shape (fabric, 0047) and are configured to be placed in an overlapping fashion (0047).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 11-20 and 32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chu (US 2008/0228259) in view of Peacock (US 2006/0281966).
Regarding claim 11, Chu (‘259) discloses and teaches an endovascular device for providing protection to a wall including a framing material to apply to a vessel and a solidifying substance to apply to the framing material, the application transitioning the material and solidifying the substance into a firmer (solid) state (abs, 0015, 0024, 0043, 0045-0046).
Regarding claims 12-15, Chu (‘259) discloses and teaches the use of multiple precursor substances (0043-0052) including those configured to permeate the framing material (0052) and wherein the combination causes the transition to the solid state either individually or simultaneously (0048-0052). Additionally, the application of the polymer with water is disclosed as meeting the limitation of combining to transition to solid state (0051) from the pliable configuration (0050).
Regarding claims 16-20 and 32, Chu (‘259) discloses and teaches the use of a dipping tray or coating method for saturating the material with the compounds for solidifying the framing material (0015, 0047, 0050-0051), an applicator tool for applying the substance to the framing material via spraying (0047, 0015, 0050), and the disclosure of biocompatible sheets for the framing material scaffolding to wrap around the vessel (0047). The sheets are disclosed as being stitched, glued, bonded, or molded into the shape (fabric, 0047) and are configured to be placed in an overlapping fashion (0047).
While Chu discloses all that is listed above, they lack disclosure of a “kit” for providing the treatment elements in a container. Attention is hereby briefly directed to the reference to Peacock in the same area of endeavor which discloses the ubiquitous teaching that surgical kits exist and can be utilized with components for aneurysm treatment systems/methods (Abs, 0352-0354). It would have been obvious to utilize a kit of elements like that disclosed in Peacock for the purpose of providing specific embodiments or combinations of elements for surgical methods as required by the specific surgery (as surgical kits for particular procedures are exceedingly commonplace, 0353-0354, Peacock).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOEL M. LAMPRECHT whose telephone number is (571)272-3250. The examiner can normally be reached Mon - Fri 9:00-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Keith Raymond can be reached at (571)270-1790. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOEL LAMPRECHT/Primary Examiner, Art Unit 3798
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