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 .
Election/Restrictions
Applicant's election with traverse of Invention I (claims 1-9) in the reply filed on 6/5/26 is acknowledged. The traversal is on the ground(s) that if Invention I is found then the methods would be found in the same reference. This is not found persuasive because the references that contain the device of claim 1-9 does not necessarily describe the method of using or the method of making. Furthermore, the product as claimed can be used in a materially
different process of using that product such as to occlude other tubular systems as well as
closing a fistula, blocking a section of the gastric or pulmonary system, or plugging an opening
in a vessel. As well as, the product as claimed can be made by another and materially different process such as a manufacturing method a securement marker is not cinched about the braided structure. Therefore, if the product is found in a reference it may or may not have the method of using nor the methods of making as claimed.
The requirement is still deemed proper and is therefore made FINAL.
Claims 10-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 6/5/26.
Applicant's election with traverse of Species 1 (Fig. 1a-d) in the reply filed on 6/5/26 is acknowledged. The traversal is on the ground(s) that there is no burden. This is not found persuasive because there is a search and/or examination burden for the patentably distinct species as set forth above because at least the following reason(s) apply: the species or groupings of patentably indistinct species require a different field of search (e.g., searching different classes/subclasses or electronic resources, or employing different search strategies or search queries).
The requirement is still deemed proper and is therefore made FINAL.
Claims 5-9 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 6/5/26.
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.
Claim(s) 1-4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rhee et al. (2017/0367704)
Rhee discloses the following claimed limitations:
Claim 1: An endovascular embolization system comprising: a braided implantable device (20) comprising: a braided structure (26, 28) (Fig. 2 and [0058]) radially self-expanding ([0058]) and having a proximal edge (edge inside 50 as seen in Fig. 4b); and a proximal securement mechanism (50) (Fig. 2-5) fixedly secured radially constraining a proximal section (53) of the braided structure including the proximal edge (Fig. 2-5 and [0058]); the proximal section of the braided structure defining an inner channel (distal channel next to collar as seen in Fig. 3) having an inner diameter smaller relative to an interior space (middle area of implant as seen in Fig. 3) disposed distally of the inner channel (Fig. 3);a pushing member (40) (Fig. 2-5 and [0062-63]) having a proximal end (end by handle seen in Fig. 1a) and a distal end (end by 30 as seen in Fig. 1a); no portion of the pushing member being rotatable relative to another portion (where it is a one piece which has no portions that rotate relative to each other as seen in Fig. 2-5 and [0062]); and an unrestricted 360 degrees freely rotatable connection (42 as seen in Fig. 5) of the braided implantable device relative to the pushing member (Fig. 5 where it is capable of rotating).
Claim 2: wherein the unrestricted 360 degrees freely rotatable connection comprises a tether (wire 44 which is the inner part and it’s a wire as seen in Fig. 2-5 and [0068]) having a proximal end (70) attached to the distal end of the pushing member (connected at 30 as seen in Fig. 4b) and an opposite free distal end (end where 80 is located as seen in Fig. 4a-5) with a distal interference member (80) fixedly secured thereto (Fig. 4a-5 and [0070]); the tether extending through the inner channel of the proximal section of the braided structure with the distal interference member disposed in the interior space of the braided structure (Fig. 4b-5); wherein the tether disposed within the inner channel of the proximal section of the braided structure defines a radial clearance space (52) sufficient to allow unrestricted 360 degrees free rotation of the braided implantable device about the tether (Fig. 5 where there is clearance which is capable of allowing the rotation).
Claim 3: wherein the tether is severable from the pushing member via an electrolytic detachment mechanism (30) (Fig. 4a-5, [0055-57], [0063]) comprising a conductive metal wire (44 as stated in [0055] and [0063]) covered by an electrical insulating material (34, 32) (Fig. 4b-5 and [0063]) everywhere except for a non-insulated detachment zone (Fig. 4a-5, [0055-57], [0063]); and a power supply (46) electrically connected to the conductive metal wire for generating an electrical current therein (Fig. 1a and [0055]).
Claim 4: wherein the non-insulated detachment zone is distally of the distal end of the pushing member (Fig. 4b-5).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DIANNE DORNBUSCH whose telephone number is (571)270-3515. The examiner can normally be reached Monday-Wednesday 9 am-3 pm.
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/DIANNE DORNBUSCH/Primary Examiner, Art Unit 3771
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