DETAILED CORRESPONDENCE
Note: This office action is in response to communication filed on 05/13/2026.
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 .
Status of Claims
Claim(s) 1, 3-5, 7-20, 23-24 is/are pending in the application.
Claim(s) 1, 3-5, 7-16, and 23 is/are withdrawn from consideration. New claim 23 is withdrawn due to dependency from claim 11 which was previously withdrawn.
Claim(s) 17-20 and 24 are examined on the merits.
Response to Arguments
Applicant’s arguments filed on 05/13/2026 have been considered but are moot because the new ground of rejection does not rely on the same combination references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Specifically, the amendment adding the limitation “a vertical midpoint of the stent warrants the new grounds of rejection. New reference Furst (US PGPUB 20030040790) is applied to teach the newly added/argued limitations.
With respect to the claim objection(s), applicant’s amendment(s) to the claim(s) has/have overcome the objection(s).
Claim Rejections - 35 USC § 103
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 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) 17 and 24 is/are rejected under 35 U.S.C 103 as being unpatentable over Sharma (US PGPUB 20140276336) in view of YANIV (US PGPUB 20180360626) and Furst (US PGPUB 20030040790).
Regarding claim 17, Sharma discloses a method of using a stent (intragastric device 3600/3700: Abstract; ¶0111, 0114, 0116, and 0563-0564; Figs. 36-37) to treat at least one of reflux disease and obesity of a patient (treating obesity: ¶0004 and 0399), the method comprising:
inserting the stent through a mouth of the patient and into an esophagus of the patient (endoscopically delivering the stent 3600/3700 into GI tract of a patient: ¶0097 and 0104; A person having ordinary skill in the art would have understood that mouth and stomach are components of GI tract; thus, Sharma discloses the claimed method step), the stent including a plurality of spaced-apart horizontal supports (horizontal elements 3624/3724: ¶0563-0564 and Figs. 36-37), a plurality of spaced- apart vertical supports (vertical elements 3623/3723: ¶0563-0564 and Figs. 36-37), each of the plurality of spaced-apart vertical supports extending from a bottom-most one of the plurality of spaced-apart horizontal supports to a top-most one of the plurality of spaced-apart horizontal supports (Figs. 36-37).
Sharma does not disclose the stent comprising a plurality of spaced-apart connectors and each connector being positioned between a pair of the plurality of spaced-apart horizontal supports and a pair of the plurality of spaced-apart vertical supports.
In an analogous art for being directed to solve the same problem, providing a stent with high flexibility and/or high conformability, YANIV discloses a stent 1690/1790 comprising a plurality of spaced-apart horizontal supports and a plurality of spaced- apart vertical supports (¶0536 and Figs. 16-17). YANIV further discloses the stent comprising a plurality of spaced-apart connectors 1614/1714 (¶0536) and each connector being positioned between a pair of the plurality of spaced-apart horizontal supports and a pair of the plurality of spaced-apart vertical supports (see annotated Fig. 17 below) for the benefits of providing a flexible connection between segments and providing a stent with high conformability and/or high flexibility (¶0581).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the stent of Sharma in view of YANIV by incorporating a plurality of spaced-apart connectors and having each connector being positioned between a pair of the plurality of spaced-apart horizontal supports and a pair of the plurality of spaced-apart vertical supports, in order to providing a flexible connection between segments and providing the stent with high conformability and/or high flexibility, as suggested in ¶0581 of YANIV.
Sharma/YANIV does not disclose each connector positioned at a vertical midpoint of the stent.
In the same field of endeavor, stent, Furst discloses a stent 100 comprising two body members 110 and 112 (¶0091 and Fig. 5). Furst further discloses the stent 100 comprising connector members 120 (¶0091 and Fig. 5) and each connector member 120 positioned at a vertical midpoint of the stent (body members 110, 112 are substantially symmetrical to one another and typically have substantially identical dimensions: ¶0092 and Fig. 5; thus, Furst discloses each connector member 120 is positioned at a vertical midpoint of the stent 100) for the benefit of allowing the body members to transverse, bend and improve flexibility (¶0091).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have further modified the stent of Sharma in view of Furst by positioning each connector at a vertical midpoint of the stent, in order to allow the horizonal and vertical supports to transverse, bend and improve flexibility, as suggested in ¶0091 of Furst. Further, Applicant places no criticality on the claimed position of each connector, indicating simply that each connector located at a vertical midpoint of the stent (¶0127).
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Regarding claim 24, Sharma does not disclose each connector is in the form of a lozenge or diamond.
YANIV further discloses/suggests each connector is in the form of a diamond (rhombic/diamond shape: ¶0423, 0574, and Fig. 24) for the benefit of increasing a flexibility of radially resistant surfaces and/or providing such flexibility between them (¶0423).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have further modified the stent of Sharma in view of YANIV by changing the shape of each connector into diamond shape, in order to increase a flexibility of radially resistant surfaces and/or provide such flexibility between them, as suggested in ¶0423 of YANIV. Further, Applicant places no criticality on the claimed shape of each connector, indicating simply that each connector is in the form of a lozenge or diamond (¶0127).
Claim(s) 18 is/are rejected under 35 U.S.C 103 as being unpatentable over Sharma (US PGPUB 20140276336) in view of YANIV (US PGPUB 20180360626) and Furst (US PGPUB 20030040790), as applied to claim 17 above, and further in view of Belhe (US PGPUB 20100256775).
Regarding claim 18, Sharma/YANIV/Furst does not disclose attaching one or more spaced-apart magnets to the stent; however, Sharma discloses the stent is implanted endoscopically into the GI tract of a patient (¶0399).
In the same field of endeavor, a stent to treat obesity, Belhe discloses a stent 137/142 for therapy within a GI system (Abstract, ¶0095-0096; and Figs. 6A-B). Belhe further discloses the stent 137/142 comprising one or more spaced-apart magnets 140 for the benefit of providing an attachment means to facilitate implantation (¶0105 and 0125).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have further modified the stent of Sharma in view of Belhe by incorporating/attaching one or more spaced-apart magnets, in order to provide an attachment means to facilitate implantation, as suggested in ¶0105 and 0125 of Belhe. Thus, the method of Sharma/YANIV/Furst/Belhe comprises attaching one or more spaced-apart magnets to the stent.
Claim(s) 19 is/are rejected under 35 U.S.C 103 as being unpatentable over Sharma (US PGPUB 20140276336) in view of YANIV (US PGPUB 20180360626) and Furst (US PGPUB 20030040790), as applied to claim 17 above, and further in view of Knisley (US PGPUB 20130231733).
Regarding claim 19, Sharma further discloses attaching the stent 3600/3700 to a catheter/tube 3621/3721 prior to inserting the stent into the patient (¶0556, 0558, 0563-0564; Figs. 33B, 34B, and 36-37), but Sharma/YANIV/Furst does not disclose using adhesive for attaching the stent to a tube.
In an analogous art for being directed to solve the same problem, providing attachment means for securing a stent to a tube, Knisley discloses materials suitable for use in a variety of medical devices, particularly in medical devices adapted to carry or contact blood, including devices implanted or temporally used in the body and devices that carry or contact blood extracorporeally (¶0003). Knisley further discloses a stent 118a/b attached to a tube 114 by any suitable means, including adhesive (¶0138).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have further modified the stent of Sharma in view of Knisley by attaching the stent to a tube, motivated by the desires to provide suitable means to secure a stent to a tube, as suggested in ¶0138 of Knisley. Thus, Sharma/YANIV/Furst/Knisley discloses a method step of attaching the stent to a tube with adhesive prior to inserting the stent into the patient.
Claim(s) 20 is/are rejected under 35 U.S.C 103 as being unpatentable over Sharma (US PGPUB 20140276336) in view of YANIV (US PGPUB 20180360626) and Furst (US PGPUB 20030040790), as applied to claim 17 above, and further in view of Noishiki (US PGPUB 20150366653).
Regarding claim 20, Sharma further discloses attaching the stent 3600/3700 to a catheter/tube/ring 3621/3721 prior to inserting the stent into the patient (¶0556, 0558, 0563-0564; Figs. 33B, 34B, and 36-37), but Sharma/YANIV/Furst does not disclose attaching the stent to a ring using surgical thread to create a plurality of knots around the stent and the ring prior to inserting the sent into the patient.
In an analogous art for being directed to solve the same problem, securing a stent to a tube/ring and maintaining sufficient strength for medical devices implanted by using/having good durability sutures, Noishiki discloses a suture used for manufacture of a medical device having a sutured site such as a stent graft (Abstract). Noishiki further discloses a stent 53 is sutured to a tube/ring 52 using surgical thread to create a plurality of knots 55 (¶0072 and Figs. 22-23) for the benefits of providing attachment between a stent and a tube/ring and obtaining a seam or knot which do not become bulky and do not loosen, maintaining original shape and strength of the suture (¶0008 and 0072).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have further modified the stent of Sharma in view of Noishiki by attaching/securing the stent to a tube/ring using surgical thread to create a plurality of knots around the stent and the tube/ring, in order to provide suitable means to secure a stent to a tube/ring and to obtain a seam or knot which do not become bulky and do not loosen, maintaining original shape and strength of the suture, as suggested in ¶0008 and 0072 of Noishiki. Thus, Sharma/YANIV/Furst/Noishiki discloses a method step of attaching the stent to a ring using surgical thread to create a plurality of knots around the stent and the ring prior to inserting the sent into the patient.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NHU Q TRAN whose telephone number is (571)272-2032. The examiner can normally be reached Monday-Thursday 8:00-5:00 (PST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, SARAH AL-HASHIMI can be reached at (571) 272-7159. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NHU Q. TRAN/Examiner, Art Unit 3781
/KAI H WENG/Primary Examiner, Art Unit 3781
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