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 § 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.
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.
Claim(s) 1-11, 14-15, and 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sandhu et al. US 20090118817 A1, herein referred to as Sandhu.
Regarding claim 1, Sandu discloses a stent (Fig 9, 730), the stent comprising: an elongated tubular member (712) comprising at least one strut (622) forming a tubular wall (412) the elongated tubular member configured to move between a radially collapsed configuration and a radially expanded configuration [0112]; a coating (Fig 6, 530; [0102]) disposed on the elongated tubular member and spanning at least some of the plurality of cells [0116]; and one or more magnetic components disposed on or within the coating (Fig 6, 534).
However, in this embodiment Sandu does not explicitly disclose the stent having a plurality of cells extending through a thickness of the tubular wall
In another embodiment Sandu also teaches a stent (410) having a plurality of cells (opening shown in Fig 5) extending through a thickness of the tubular wall (Fig 5).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify the shape of Sandu’s stent to incorporate having a plurality of cells extending through a thickness of the tubular wall, as taught and suggested by Sandhu in order allow the stent to be constructed using weaving techniques (Sandu [0104]).
Regarding claim 2, Sandu also teaches wherein the coating comprises an inner layer and an outer layer (Fig 7, 630 separated by 622; [0105]).
Regarding claim 3, Sandhu teaches (inner and outer layers redefined as left and right) wherein the one or more magnetic components are disposed between the inner layer and the outer layer of the coating (Fig 7, 634; does not require radially inner and outer layer).
Regarding claim 4, Sandhu discloses wherein the one or more magnetic components are discrete elements disposed within at least some of the plurality of cells (Fig 7).
Regarding claim 5, Sandhu discloses wherein the one or more magnetic components are elongate strips extending over the at least one strut (630; [0107]).
Regarding claim 6, wherein the one or more magnetic components are spaced along a length of the elongated tubular member (spaced by struts Figs 7-8).
Regarding claim 7, wherein the one or more magnetic components are spaced about a circumference of the elongated tubular member (as constructed the combination of Sandu’s embodiments would spaced the magnetic components about the circumference of the tubular member see Figs 7-8 and Fig 5).
Regarding claim 8, Sandu teaches wherein the coating forms a pocket within at least some of the plurality of cells (Fig 8, cavity filled by 634).
Regarding claim 9, Sandu teaches wherein the coating extends from a proximal end to a distal end of the elongated tubular member (following the tubular structure, coating would cover from proximal to distal ends, see Figs 5 and 7-8).
Regarding claim 10, Sandu teaches wherein the coating covers less than an entirety of the elongated tubular member (Fig 5, cells).
Regarding claim 11, Sandu teaches wherein at least one of the one or more magnetic components are positioned adjacent to a coating-free region of the elongated tubular member (Fig 5, cells).
Regarding claim 14, Sandu teaches wherein in response to an applied magnetic field, the one or more magnetic components are configured to move radially inward and/or radially outward (teaches frame expansion, causing the magnetic component to also move in-/out-ward).
Regarding claim 15, Sandu teaches wherein the applied magnetic field is a pulsed magnetic field or an alternating magnetic field (Fig 3A, [0621]; teaches manipulation of field such as pulse behavior).
Regarding claim 17, Sandu discloses a method for preventing occlusion of a stent ([0076]), the method comprising: delivering a stent (Fig 9, 730; [0108]) to a target location within a body ([0108]), the stent comprising: an elongated tubular member (712)
Regarding claim 18, Sandu discloses wherein the magnetic field is a pulsed magnetic field ([0102-0104]).
In another embodiment Sandu also teaches comprising at least one strut (Fig 8, 622) [body] configured to move between a radially collapsed configuration and a radially expanded configuration ([0112]); a coating (Fig 6, 530) disposed on the elongated tubular member (532) and spanning at least some of the plurality of cells [0116]; and one or more magnetic components (534) disposed on or within the coating (Fig 6); positioning a console (Fig 13, 1040) configured to supply a magnetic field exterior to the body and adjacent to the target location ([0152]); and periodically activating the magnetic field [0153]; wherein in response to the magnetic field being applied, the one or more magnetic components are configured to move radially inward and/or radially outward relative to the at least one strut (fully capable of expanding in response to field manipulation [0160]).
However, Sandu does not explicitly discloses forming a tubular wall having a plurality of cells extending through a thickness of the tubular wall.
Yet, in another embodiment Sandu teaches forming a tubular wall having a plurality of cells (openings in Fig 5) extending through a thickness of the tubular wall (Fig 5, 412), the elongated tubular member.
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify the shape of Sandu’s stent to incorporate having a plurality of cells extending through a thickness of the tubular wall, as taught and suggested by Sandhu in order allow the stent to be constructed using woven techniques (Sandu [0104]).
Claim(s) 12- 13, 16, and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sandhu in view of Wang et al. US 20070010702 A1, herein referred to as Wang.
Regarding claim 12, Sandhu does not disclose wherein the one or more magnetic components comprise a silicone base and a magnetic material.
However, in the same field of invention, Wang teaches wherein the one or more magnetic components (Fig 1, 10) comprise a silicone base (14) and a magnetic material (33; [0182]).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify magnet components of Sandu to incorporate wherein the one or more magnetic components comprise a silicone base and a magnetic material, as taught and suggested by Wang to be biocompatible (Wang [0200]).
Regarding claim 13, Sandu fails to disclose wherein the magnetic material comprises carbonyl iron. Wang teaches wherein the magnetic material comprises carbonyl iron [0421].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify magnet material of Sandu to incorporate wherein the magnetic material comprises carbonyl iron, as taught and suggested by Wang in order to reduce to size of magnetic components (Wang [0423]).
Regarding claim 16, Sandu discloses a stent (Fig 9, 730), the stent comprising: an elongated tubular member (712) comprising at least one strut (622) forming a tubular wall (412) having elongated tubular member configured to move between a radially collapsed configuration and a radially expanded configuration [0112]; a coating (Fig 6, 530) disposed on the elongated tubular member (532) and spanning at least some of the plurality of cells [0116]; and a plurality of magnetic components (534) embedded within the coating (Fig 6),
However, in this embodiment Sandu does not explicitly disclose the stent having a plurality of cells extending through a thickness of the tubular wall; and wherein the plurality of magnetic components including a silicone base and carbonyl iron; wherein in response to an applied magnetic field, the one or more magnetic components are configured to move radially inward and/or radially outward relative to the at least one strut.
Moreover, in another embodiment Sandu also teaches a stent (410) having a plurality of cells (opening shown in Fig 5) extending through a thickness of the tubular wall (Fig 5).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify the shape of Sandu’s stent to incorporate having a plurality of cells extending through a thickness of the tubular wall, as taught and suggested by Sandhu in order allow the stent to be constructed using woven techniques (Sandu [0104]).
However, in the same field of endeavor, prostheses featuring magnetic components, Wang teaches wherein the plurality of magnetic components (Fig, 10) including a silicone base (14; [0200]) and carbonyl iron (33; [0421]); wherein in response to an applied magnetic field, the one or more magnetic components are configured to move radially inward and/or radially outward relative to the at least one strut (Fig 3a, [0423]; a field manipulated in conjunction with the assembled stent is fully capable of claimed functional expansion and contraction).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify magnet components of Sandu to incorporate wherein the plurality of magnetic components including a silicone base and carbonyl iron; wherein in response to an applied magnetic field, the one or more magnetic components are configured to move radially inward and/or radially outward relative to the at least one strut, as taught and suggested by Wang to be biocompatible (Wang [0200]).
Regarding claim 19, Sandu does not disclose wherein the magnetic field is an alternating magnetic field. Wang teaches wherein the magnetic field is an alternating magnetic field ([0102]).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling of the claimed invention to modify the magnetic field pattern of Sandu to incorporate wherein the magnetic field is an alternating magnetic field, as taught and suggested by Wang in order to the device to use radio frequency currents as part of field generation (Wang [0375]).
Regarding claim 20, Sandu does not teach wherein the console is configured to be releasably secured about the body. Wang teaches wherein the console [1248] is configured to be releasably secured about the body ([1248]; teaches implantable magnetic field generator; secured to the rest of implant medical device).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling of the claimed invention to the console of Sandhu to incorporate wherein the console is configured to be releasably secured about the body, as taught and suggested by Wang in order to work with an associated sensor (Wang [1248]).
Conclusion
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/A.F./Patent Examiner, Art Unit 3774
/JERRAH EDWARDS/Supervisory Patent Examiner, Art Unit 3774
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