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 .
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claim 1 is provisionally rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 1 of copending Application No. 19/029,629 (reference application). This is a provisional statutory double patenting rejection since the claims directed to the same invention have not in fact been patented.
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) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Riedy et al. (US 2016/0242943 A1).
Regarding claim 1, Riedy et al. (‘943) teach a stent delivery system, comprising: a catheter comprising a primary marker and at least one secondary marker (see [0016]-[0017], [0018], [0021]), wherein the at least one secondary marker is disposed within the primary marker (see [0023]-[0025]); an inner catheter slidably disposed within a lumen of the catheter, wherein the catheter can be retracted relative to the inner catheter such that a portion of the inner catheter extends from a distal end of the catheter (see [0016]-[0017]); and a stent disposed over the portion of the inner catheter, wherein the stent is constrained to a collapsed configuration when the inner catheter is disposed in the lumen of the catheter and expands to an expanded configuration when the portion of the inner catheter extends from the distal end of the catheter, wherein the stent comprises a distal retention member and a proximal retention member when in the expanded configuration (see [0016]-[0018]), and wherein the secondary marker is positioned with respect to the primary marker such that confirmation within the body lumen of the secondary marker denotes that the entire proximal retention member is deployable proximally relative to a reference position (see [0016]-[0017], [0018], [0021]), [0023]-[0025]).
Regarding claim 2, Riedy et al. (‘943) teach the stent delivery system of claim 1, further comprising a handle coupled to the catheter and the inner catheter, the handle comprising a first lock and a second lock, which when engaged secures the outer catheter to the inner catheter (see [0020]).
Regarding claim 3, Riedy et al. (‘943) teach the stent delivery system of claim 2, wherein the first lock, when disengaged allows the catheter to retract with respect to the inner catheter such that the distal retention member expands from the collapsed configuration (see [0023]).
Regarding claim 4, Riedy et al. (‘943) teach the stent delivery system of claim 3, wherein the second lock, when disengaged allows the catheter to retract with respect to the inner catheter such that the proximal retention member expands from the collapsed configuration (see [0023]).
Regarding claim 5, Riedy et al. (‘943) teach the stent delivery system of claim 1, wherein the primary marker is disposed on a distal end of the catheter (see [0016]-[0017], [0018], [0021]).
Regarding claim 6, Riedy et al. (‘943) teach the stent delivery system of claim 1, wherein the at least one secondary marker comprises a plurality of secondary markers radially disposed around a circumference of the catheter (see [0021]), [0023]-[0025]).
Regarding claim 7, Riedy et al. (‘943) teach the stent delivery system of claim 1, wherein the primary marker is a darker color than the catheter (see [0016]-[0017], [0018], [0021]).
Regarding claim 8, Riedy et al. (‘943) teach the stent delivery system of claim 1, wherein the primary marker is between 10 millimeters (mm) and 30 mm in length (see [0018], [0021]), [0023]-[0025]).
Regarding claim 9, Riedy et al. (‘943) teach the stent delivery system of claim 1, wherein the at least one secondary marker is disposed on a proximal portion of the primary marker (see [0021]), [0023]-[0025]).
Regarding claim 10, Riedy et al. (‘943) teach a medical device system, comprising: a catheter comprising a primary marker and at least one secondary marker (see [0016]-[0017], [0018], [0021]), wherein the at least one secondary marker is disposed within the primary marker (see [0023]-[0025]); an inner catheter slidably disposed within a lumen of the catheter, wherein the catheter can be retracted relative to the inner catheter such that a portion of the inner catheter extends from a distal end of the catheter (see [0016]-[0017]); and a medical device disposed over the portion of the inner catheter, wherein the medical device is constrained to a collapsed configuration when the inner catheter is disposed in the lumen of the catheter and expands to an expanded configuration when the portion of the inner catheter extends from the distal end of the catheter (see [0016]-[0018]), wherein the medical device comprises a distal retention member and a proximal retention member when in the expanded configuration, and wherein the secondary marker is positioned with respect to the primary marker such that confirmation within the body lumen of the secondary marker denotes that the entire proximal retention member is deployable proximally relative to a reference position (see [0016]-[0017], [0018], [0021]), [0023]-[0025]).
Regarding claim 11, Riedy et al. (‘943) teach the medical device system of claim 10, further comprising a handle coupled to the catheter and the inner catheter, the handle comprising a first lock and a second lock, which when engaged secures the outer catheter to the inner catheter (see [0020]).
Regarding claim 12, Riedy et al. (‘943) teach the medical device system of claim 11, wherein the first lock, when disengaged allows the catheter to retract with respect to the inner catheter such that the distal retention member expands from the collapsed configuration (see [0023]).
Regarding claim 13, Riedy et al. (‘943) teach the medical device system of claim 12, wherein the second lock, when disengaged allows the catheter to retract with respect to the inner catheter such that the proximal retention member expands from the collapsed configuration (see [0023]).
Regarding claim 14, Riedy et al. (‘943) teach the medical device system of claim 10, wherein the primary marker is disposed on a distal end of the catheter (see [0016]-[0017], [0018], [0021]).
Regarding claim 15, Riedy et al. (‘943) teach the medical device system of claim 10, wherein the at least one secondary marker comprises a plurality of secondary markers radially disposed around a circumference of the catheter (see [0021]), [0023]-[0025]).
Regarding claim 16, Riedy et al. (‘943) teach the medical device system of claim 10, wherein the at least one secondary marker is disposed on a proximal portion of the primary marker (see [0016]-[0017], [0018], [0021]).
Regarding claim 17, Riedy et al. (‘943) teach the medical device system of claim 10, wherein the medical device is a self-expanding stent (see [0023]).
Regarding claim 18, Riedy et al. (‘943) teach a system comprising: a catheter comprising a primary marker and at least one secondary marker (see [0016]-[0017], [0018], [0021]), wherein the at least one secondary marker is disposed over the a proximal portion of the primary marker (see [0023]-[0025]); an inner catheter slidably disposed within a lumen of the catheter, wherein the catheter can be retracted relative to the inner catheter such that a portion of the inner catheter extends from a distal end of the catheter (see [0016]-[0017]); and a stent disposed over the portion of the inner catheter, wherein the stent is constrained to a collapsed configuration when the inner catheter is disposed in the lumen of the catheter and expands to an expanded configuration when the portion of the inner catheter extends from the distal end of the catheter (see [0016]-[0018]), wherein the stent comprises a distal retention member and a proximal retention member when in the expanded configuration, and wherein the secondary marker is positioned with respect to the primary marker such that confirmation within the body lumen of the secondary marker denotes that the entire proximal retention member is deployable proximally relative to a reference position (see [0016]-[0017], [0018], [0021]), [0023]-[0025]).
Regarding claim 19, Riedy et al. (‘943) teach the system of claim 18, wherein the at least one secondary marker comprises a plurality of secondary markers radially disposed around a circumference of the catheter (see [0021]), [0023]-[0025]).
Regarding claim 20, Riedy et al. (‘943) teach the system of claim 18, wherein the primary marker is a darker color than the catheter (see [0016]-[0017], [0018], [0021]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK REMALY whose telephone number is (571)270-1491. The examiner can normally be reached Mon - Fri 9:00 - 6:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher Koharski can be reached at (571) 272-7230. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MARK D REMALY/Primary Examiner, Art Unit 3797
Prosecution Insights