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 .
Response to Amendment
The claims filed on June 18th, 2026, have been entered. Claims 18, 20-22, and 24-25 remain pending in the Application. The claim amendments overcome the previous claim objections.
Response to Arguments
The rejection of claims 18, 20-22, and 24-25 under a first embodiment (FIG. 18) of Teoh et al. (Pub. No. 2014/0277092) in view of Freudenthal (Pub. No. 2011/0295303) has been withdrawn in light of Applicant’s amendment made June 18th, 2026; specifically, the first embodiment does not teach the proximal end of the stretch resistance member is joined to an engagement loop by an anchor band.
Applicant’s arguments with respect to claim(s) 18, 20-22, and 24-25 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 18, 20-22, and 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Teoh et al. (Pub. No 2014/0277092) in view of Freudenthal (Pub. No. 2011/0295303).
Regarding claim 18, Teoh et al. discloses a medical implant (300; [0073]; FIG. 17) comprising:
a coil body (308) having a distal end (304), a proximal end (302), and an axial lumen (306),
a stretch resistance member (320) with a distal end joining the distal end of the coil body (FIG. 17: the distal end of 320 joins with the distal end of 308), and a proximal end joining an engagement loop (326) by an anchor band (324; FIG. 17: 324 joins 320 with 326),
wherein the stretch resistance member has a tensioned state (FIG. 17: the tensioned state of 320 is when 300 is still attached to the pusher assembly 200) and a relaxed state ([0046] when 234 is broken wrong number, 300 can be released from 200 and thereby cause 320 to enter the relaxed state), and
wherein at the tensioned state, the proximal end of the stretch resistance member is positioned within the axial lumen of the coil body (FIG. 17: the proximal end of 320 is within the axial lumen of 308) and the engagement loop extends proximally outside of the proximal end of the coil body (FIG. 17: 326 extends out of 308 when 300 is still attached to 200).
Teoh et al. is silent regarding at the relaxed state, the engagement loop retracts distally inside the axial lumen of the coil body.
Freudenthal teaches in the same field of endeavor of coil delivery (Abstract), and discloses a medical device (1; [0085]; FIGs. 42-53) comprising a coil body (35) comprising an axial lumen (FIG. 42) and an engagement loop (33), where the engagement loop retracts distally inside the axial lumen of the coil body in the relaxed state (FIGs. 42 and 53: before and after attachment, 33 stays within the coil lumen; see figs. 48-53) for the purpose of reducing the profile of the medical device.
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the engagement loop of Teoh et al. in the relaxed state to retract distally inside the axial lumen of the coil body, as taught by Freudenthal, for the purpose of reducing the profile of the medical device.
Regarding claim 20, Teoh et al. as modified further discloses a stepper band (328) having an axial lumen (FIG. 17: 328 has a lumen that 326 passes through), wherein the stepper band joins the proximal end of the coil body (FIG. 17: 328 is at the proximal end of 308).
Regarding claim 21, Teoh et al. as modified further discloses at the tensioned state, the engagement loop is configured to extend proximally and longitudinally outside of the stepper band (FIG. 17: 326 extends proximally and longitudinally out of 328 when 300 is still attached to 200).
Regarding claim 22, Teoh et al. as modified further discloses the anchor band has a greater exterior profile than the axial lumen of the stepper band (FIG. 17: the width of 324 is greater than the lumen of 328).
Regarding claim 24, Teoh et al. as modified further discloses as the stretch resistance member is at the tensioned state, the anchor band engages the stepper band forming an interference (FIG. 17: when 300 has not been released from 200, 324 is engaged with 328 through the connection of 320 to prevent the release of 300).
Allowable Subject Matter
Claim 25 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 25, the prior art does not suggest, in combination with the remaining claim limitations, that as the stretch resistance member is at the relaxed state, the anchor band releases proximally from the stepper band.
The closest prior art reference, Teoh et al., discloses the invention as claimed in claim 22, as discussed above, but does not disclose that as the stretch resistance member is at the relaxed state, the anchor band releases proximally from the stepper band. Instead, distal seals 318 shown in FIG. 17 and discussed in [0078-79] are in place to ensure that the anchor band/ring 324 does not have any proximal movement of either 324 or the sacrificial link 234.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 JAMES RYAN MCGINNITY whose telephone number is (571)272-0573. The examiner can normally be reached M-Th 8 am-5:30 pm.
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/JRM/Examiner, Art Unit 3771
/KATHLEEN S HOLWERDA/Primary Examiner, Art Unit 3771
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