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 Objections
Claim 8 objected to because of the following informalities: "the vascular implant is a vascular implant covered with a membrane" should read "the vascular implant is covered with a membrane". Appropriate correction is required.
Claim Rejections - 35 USC § 112
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 1-10 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.
Claims 1-6 recite the limitation "anchoring system" in line 1. There is insufficient antecedent basis for this limitation in the claim. Dependent claims 7-10 are likewise rejected.
Claims 3 and 6 recite the limitation "the lumen" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claims 2 and 6 recite the limitation "the vascular implant" in line 2 (claim 3) and lines 2-3 (claim 6). There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitation "the chord" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claims 7-10 recite the limitation "Vascular implant" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation "an anchoring system" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation "the distal region" in line 3. There is insufficient antecedent basis for this limitation in the claim.
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) 1-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chuter (US 7,135,037 B1).
Regarding claim 1, Chuter teaches an anchoring system for vascular implants comprising a plurality of anchoring elements in the form of threads and/or sutures and/or knots (58, flexible thread, 59, connectors, fig. 4) formed from threads (col 4 lines 32-51), which are at least partially provided on the inside of vascular implant (fig. 4).
Regarding claim 2, Chuter further teaches the anchoring elements are arranged in a ring- and/or helical-shaped configuration (fig. 4, it is understood the flexible tread and connectors would encircle the interior of the implant).
Regarding claim 3, Chuter further teaches the sutures have loops that extend into the lumen of the vascular implant (59, connectors, fig. 4).
Regarding claim 4, Chuter further teaches the knots arranged in a ring form a polygon, in particular a hexagon or octagon (fig. 4 shows 4 knots on one ½ of the implant, it is further inferred there would be 8 total knots on the interior of the implant).
Regarding claim 5, Chuter further teaches at least some of the knots are connected to each other by threads (58, flexible thread, fig. 4).
Regarding claim 6, Chuter further teaches the threads pass through the lumen of the vascular implant in such a way that, in conjunction with the knots between which they run and the associated section of the vascular implant, they form an arc with the thread forming the chord (fig. 4).
Regarding claim 7, Chuter further teaches a vascular implant with an anchoring system according to claim 1(fig. 3).
Regarding claim 8, Chuter further teaches the vascular implant is a vascular implant covered with a membrane (fig. 3, covered expandable stent).
Regarding claim 9, Chuter further teaches the covered vascular implant is a multilumen implant having a main lumen (21, trunk, fig. 3) and at least two secondary lumens (22, 23, legs, fig. 3), and wherein the anchoring system is arranged in the distal region of at least one of the secondary lumens (fig. 3).
Regarding claim 10, Chuter further teaches the anchoring system is provided on the membrane (fig. 4).
Conclusion
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/T.M.D./Examiner, Art Unit 3774
/YASHITA SHARMA/Primary Patent Examiner, Art Unit 3774
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