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 § 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 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.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dias et al. (US 2019/0015107; hereinafter “Dias”).
Regarding claim 1, Dias discloses a vaso-occlusive device, comprising: a coil formed of a wire having a primary configuration in a constrained condition, the primary configuration having a proximal end and a distal end (e.g. ¶¶ 5); wherein the coil assumes a secondary configuration in a relaxed, unconstrained condition (e.g. ¶¶ 5 – secondary shape when unconfined), the secondary configuration comprising a primary portion comprising a plurality of primary loops (e.g. Fig. 1, #110B-110F – where the examiner considers these loops proximal to loop 110A to be primary loops), including a distal primary loop which is a distal-most loop of the primary loops, the distal primary loop having a proximal end and a distal end, the distal primary loop having turns lying in a first plane and planes substantially parallel to said first plane (e.g. Fig. 3 , #110B – where the loop has turns both in one vertical plane and in an adjacent plane parallel to it as it transitions into the next loop), and a distal anchoring loop connected to the distal end of the distal primary loop (e.g. Fig. 1, #110A), the distal anchoring loop having a substantially triangular shape (e.g. ¶¶ 21, Claim 4 – “triangular shape”), the distal anchoring loop smaller in size than distal primary loop, the distal anchoring loop positioned within a projection of the distal primary loop (e.g. ¶¶ 26 – the diameter of the distal-most geometric shape 110A may be less than the diameters of the remaining ones of the plurality of diameters corresponding to the geometric shapes).
Regarding claim 2, Dias discloses the primary portion comprises a pyramidal portion formed from the primary loops, each of the primary loops comprises a winding of the wire forming a closed loop of greater than 360*, and the plurality of primary loops are arranged in a pyramidal shape such that each primary loop lies in a different lateral face of the pyramidal shape (e.g. Fig. 1, where a plurality of loops are over 360*).
Regarding claim 3, Dias discloses each of the primary loops has a perimeter which tapers outwardly from an interior of the pyramidal portion, and each of the primary loops is connected to an adjacent primary loop(s) by a transition segment of the wire between each primary loop and the adjacent primary loop(s) (e.g. ¶¶ 29 – where there necessarily is a transition segment which geometrically defines the difference in loops).
Regarding claim 12, Dias discloses the pyramidal shape is a tetrahedral forming a triangular pyramid shape having three lateral faces (e.g. ¶¶ 6 – where it is clear that any of the loops may be a triangular or pyramidal shape and a plurality of other coils extend proximally from that pyramidal portion).
Regarding claim 19, Dias discloses each of the primary loops has an average outer diameter between 10 to 90 percent of a diameter of an aneurysm the vaso-occlusive device is designed to treat (e.g. ¶¶ 21 – where the size is controllable).
Regarding claim 20, Dias discloses each of the primary loops has an average outer diameter between 55 to 85 percent of a diameter of an aneurysm the vaso-occlusive device is designed to treat (e.g. ¶¶ 21 – where the size is controllable).
Regarding claim 13, Dias discloses the pyramidal shape is a pentahedral forming a quadrilateral pyramid shape having four lateral faces (e.g. Fig. 1).
Regarding claim 14, Dias discloses the pyramidal shape is a polyhedral shape formed of a polygonal base having n number of sides and n number of lateral faces connecting to an apex (e.g. ¶¶ 6 – where it is clear that any of the loops may be a triangular or pyramidal shape and a plurality of other coils extend proximally from that pyramidal portion).
Regarding claim 15, Dias discloses each of the primary loops comprises at least 1-1/3 turns (e.g. ¶¶ 6 – where it is clear that any of the loops may be a triangular or pyramidal shape and a plurality of other coils extend proximally from that pyramidal portion).
Regarding claim 16, Dias discloses the primary loops are overlapping in a transition from one primary loop to an adjacent primary loop (e.g. ¶¶ 29 – where there necessarily is a transition segment which geometrically defines the difference in loops).
Regarding claim 4, Dias discloses the secondary configuration further comprises a body portion proximal of the pyramidal portion, the body portion comprising a coil formed from the wire and extending proximally from the pyramidal portion (e.g. ¶¶ 6 – where it is clear that any of the loops may be a triangular or pyramidal shape and a plurality of other coils extend proximally from that pyramidal portion).
Regarding claim 5, Dias discloses the substantially triangular shape of the distal anchoring loop is formed of a base and two sides connected to the base, wherein each of the two sides is connected to the base by rounded vertices, and the angle between the base and each of the two sides is from 15-75* (e.g. ¶¶ 26 – the diameter of the distal-most geometric shape 110A may be less than the diameters of the remaining ones of the plurality of diameters corresponding to the geometric shapes”).
Regarding claim 6, Dias discloses the substantially triangular shape of the distal anchoring loop is formed of a base and two sides connected to the base, wherein each of the two sides is connected to the base by rounded vertices, and the angle between the base and each of the two sides is from 25-50* (e.g. ¶¶ 26 – the diameter of the distal-most geometric shape 110A may be less than the diameters of the remaining ones of the plurality of diameters corresponding to the geometric shapes”).
Regarding claim 7, Dias discloses the distal primary loop has a perimeter length from the proximal end to the distal end, and the overall length of the distal anchoring loop is from 40% to 60% of a perimeter length of the distal primary loop (e.g. Fig. 2 – 110Ap).
Regarding claim 8, Dias discloses a starting point of the distal anchoring loop where the distal anchoring loops connects to the distal primary loop is between a 10:00 o’clock position and an 11:00 o’clock position relative to a longitudinal axis of the primary configuration of the wire being at a 12:00 o’clock position (e.g. ¶¶ 21 – where in another embodiment, within the scope of the disclosure, 110B may be considered a triangular secondary distal anchoring loop).
Regarding claim 9, Dias discloses the distal anchoring loop is connected to the distal primary loop via a transition segment, and a starting point of the distal anchoring loop is where the distal anchoring loop connects to the transition segment (e.g. Fig. 2 – 110Ap).
Regarding claim 10, Dias discloses the distal anchoring loop lies out of the planes of the turns of the distal primary loop (e.g. Fig. 2 – where the loops are adjustable and clearly can connect at multiple positions based on the planar view).
Regarding claim 11, Dias discloses a second distal anchoring loop distal of the distal anchoring loop, the second distal anchoring loop having substantially the same shape and size as the distal anchoring loop and positioned parallel to the distal anchoring loop (e.g. ¶¶ 21 – where in another embodiment, within the scope of the disclosure, 110B may be considered a triangular secondary distal anchoring loop).
Regarding claims 17-18, Dias discloses the primary loops have different diameters from each other and a different amount of turns from each other (e.g. ¶¶ 26 – the diameter of the distal-most geometric shape 110A may be less than the diameters of the remaining ones of the plurality of diameters corresponding to the geometric shapes”).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael D’Abreu whose telephone number is (571) 270-3816. The examiner can normally be reached on 7AM-4PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Hamaoui can be reached at (571) 270-5625. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL J D'ABREU/Primary Examiner, Art Unit 3796
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