DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 6/17/26 has been entered.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-15 have been considered but are moot because the new ground of rejection as discussed below.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 7-8 and 12-15 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 7 and 8 discloses “wherein a first selection of the plurality of convergence areas are longitudinally offset from a second plurality of convergence areas” and “the convergence areas define a zigzag pattern”. Examiner notes claim 1 has been amended to include “the central portion including a third plurality of slits extending longitudinally and longitudinally spaced from the first and second plurality of struts to define a third plurality of struts that are longitudinally non-overlapping with the first and second plurality of struts. This language is shown in figures 5-8, wherein the center section 25 has slits 51 being formed in the center and longitudinally separated from the first slits 41 and second slits 31 by convergence areas 52 and 55. Examiner notes the overlapping configuration is shown in an alternative embodiment, for example Figures 14-17. However, the longitudinally offset or zigzag convergence areas are not supported with the embodiment having the central slits being longitudinally spaced from the first and second slits.
Claims 12 discloses “each of the slit of the first set of slits has a longitudinal length that alternates between a short slit and a long slit” such that “the long slit extends into the central portion”. Examiner notes claim 1 has been amended to include “the central portion including a third plurality of slits extending longitudinally and longitudinally spaced from the first and second plurality of struts to define a third plurality of struts that are longitudinally non-overlapping with the first and second plurality of struts. This language is shown in figures 5-8, wherein the center section 25 has slits 51 being formed in the center and longitudinally separated from the first slits 41 and second slits 31 by convergence areas 52 and 55. Examiner notes alternating short slit and a long slit extending into the central portion is shown in an alternative embodiment, for example Figures 14-17. However, the longitudinally offset or zigzag convergence areas are not supported with the embodiment having the central slits being longitudinally spaced from the first and second slits.
Claims 13-15 are dependent upon claim 12.
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 2 is 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.
Examiner notes claim 1 has been amended to include “the central portion including a third plurality of slits extending longitudinally and longitudinally spaced from the first and second plurality of struts to define a third plurality of struts that are longitudinally non-overlapping with the first and second plurality of struts. This language is shown in figures 5-8, wherein the center section 25 has slits 51 being formed in the center and longitudinally separated from the first slits 41 and second slits 31 by convergence area joints 52 and 55. Claim 2 discloses wherein at least some of the first and second plurality of slits extend into the central portion, “such that some of the first and second plurality of slits longitudinally overlap along a length”. This claim is indefinite as the limitations of both claim 1 and 2 cannot be satisfied, as the first and second slits must be spaced longitudinally from the central struts which extend between the first and second slits, not configured to be overlapping. Examiner notes the overlapping configuration is shown in alternative embodiment, for example Figures 14-17.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of pre-AIA 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 –
(e) the invention was described in (1) an application for patent, published under section 122(b), by another filed in the United States before the invention by the applicant for patent or (2) a patent granted on an application for patent by another filed in the United States before the invention by the applicant for patent, except that an international application filed under the treaty defined in section 351(a) shall have the effects for purposes of this subsection of an application filed in the United States only if the international application designated the United States and was published under Article 21(2) of such treaty in the English language.
Claim(s) 1 and 3-11 is/are rejected under pre-AIA 35 U.S.C. 102(e) as being anticipated by Cahill et al. US 2007/0250081.
The applied reference has a common inventor with the instant application. Based upon the pre-AIA 35 U.S.C. 102(e) date of the reference, it constitutes prior art. This rejection under pre-AIA 35 U.S.C. 102(e) might be overcome either by a showing under 37 CFR 1.132 that any invention disclosed but not claimed in the reference was derived from the inventor or joint inventors (i.e., the inventive entity) of this application and is thus not the invention “by another,” or if the same invention is not being claimed, by an appropriate showing under 37 CFR 1.131(a).
Regarding claim 1, Cahill et al. discloses an implantable medical device comprising: a cylindrical tube (figure 22, paragraph 0108) having a first end 86, a second end 76, and a central portion 78A positioned therebetween (figure 22), wherein a first side 40 is positioned between the first end 86 and the central portion 78A and a second side 20 is positioned between the second end 76 and the central portion 78A (figure 22), wherein the first side includes a first plurality of slits 84 extending longitudinally to define a first plurality of struts (figure 22) and the second side includes a second plurality of slits 74 extending longitudinally to define a second plurality of struts (figure 22), and the central portion includes a third plurality of slits extending longitudinally and longitudinally spaced from the first and second plurality of struts to define a third plurality of struts that are longitudinally non-overlapping with the first and second plurality of struts (paragraph 0108, Examiner notes figure 22 discloses a slit within expandable portion 78A, paragraphs 0121, 0122, center joints 78A may be chosen for optimum fit, Figure 29A discloses alternative constructions of the center joint comprising for example, a plurality of slits 410, 412, 414 that may be realized) wherein the first and second plurality of struts are configured to bow out when in a deployed configuration (figures 6-8, forming expanded bow out petal configuration).
Regarding claim 3, Cahill et al. discloses wherein the struts define loops when the axial length of the tube is shortened (figures 6-8, forming expanded bow out petal configuration, axial length being shortened when radially expanded).
Regarding claim 4, Cahill et al. discloses wherein the first and second plurality of slits are spaced about a circumference of the cylindrical tube (figure 22).
Regarding claims 5-8, Cahill et al. discloses wherein struts of the first plurality of struts are joined to struts of the second plurality of struts at a convergence area in the central portion (figure 29A, convergence areas on proximal end distal ends of the plurality of struts, Examiner notes although not shown, figure 22, shows the entire tube with similar central portion 78A connecting to the first and second plurality of struts), wherein the cylindrical tube includes a plurality of convergence areas in the central portion (can consider any areas or plurality of areas between the first side and central portion struts, or between the second side and central portion struts, figures 22, 29A), wherein a first selection of the plurality of convergence areas are longitudinally offset from a second selection of the plurality of convergence areas (For example, see annotated figure 29B below, Examiner notes any area may be considered, or even portions of the area between, therefore can choose longitudinally offset areas within the portion on the tube), wherein the first and second selections of the plurality of convergence areas define a zigzag pattern about a circumference of the central portion (For example, see annotated figure 29B below, further Examiner notes any area may be considered, or even portions of the area between, therefore can choose longitudinally offset areas or areas that define a zig zag within the portion on the tube).
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Regarding claims 9 and 10, Cahill discloses wherein the cylindrical tube is configured to be axially shortened to transition to the deployed configuration (figures 22-25), wherein the first and second plurality of struts are configured to extend in a radial direction when an axial force is applied to axially shorten the cylindrical tube (figures 22-25).
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Regarding claim 11, Cahill discloses wherein the cylindrical tube is axially shortened, the central portion transitions to a radially expanded configuration (see annotated figure 23 below, Examiner notes the center portion may extend outward from the center third struts, a portion of the central portion being expanded).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINA C LAUER whose telephone number is (571)270-5418. The examiner can normally be reached Monday-Thursday 7:00 AM-4:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Darwin Erezo can be reached at (571) 272-4695. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTINA C LAUER/Examiner, Art Unit 3771
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