EMBOLIC DEVICES FOR OCCLUDING BODY LUMENS

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 Objections Claim 4 is objected to because of the following informalities: Claim 4, line 3, “before” should read “before”. Appropriate correction is required. 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) 1-9 and 11-24 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2017/0189035 (Porter). 1. Porter discloses an embolic device (embolic device 10) for placement in a body lumen (FIG. 2B). The embolic device comprising a first segment and a second segment (see annotated FIG. 1). The first segment has a first linear configuration (FIG. 2A) when located inside a catheter (catheter 80). The first segment being configured to form a first three-dimensional structure when outside the catheter (e.g., see first three-dimensional structure defined by 1st segment which are the outer portions in FIG. 2B and 9-10; P0034 and P0037). The first three-dimensional structure defines a cavity (see cavity defined by 1st segment which are the outer portions in FIG. 2B and 9-10). The second segment extending from the first segment (FIG. 1). The second segment has a second linear configuration when located inside the catheter (FIG. 2A). The second segment is configured to form a second three-dimensional structure when outside the catheter (e.g., see second three-dimensional structure defined by 2nd segment which are the inner portions in FIG. 2B and 9-10; P0034 and P0037). The cavity of the first three-dimensional structure is configured to accommodate at least a majority of the second three-dimensional structure (FIG. 2B and 9-10). The first segment and the second segment are parts of an elongated member (FIG. 1; P0034). The elongated member being a braided structure (FIG. 1 and 5A; P0037). The first segment comprises a first braided segment of the braided structure (FIG. 1 and 5A; P0037). The first braided segment configured to form multiple first braided loops for the first three-dimensional structure for accommodating the at least the majority of the second three-dimensional structure (FIG. 2B and 9-10; P0034 and P0037). PNG media_image1.png 395 559 media_image1.png Greyscale 2. The second three-dimensional structure comprises second braided loops (FIG. 1 and 5A; P0037). 3. A first curvature of one of the first loops of the first three-dimensional structure is less than a second curvature of one of the second loops of the second three-dimensional structure (see curvature in FIG. 2B and 9-10 with outer loops having curvature less than inner loops). 4. The first segment has a first width before forming the first three-dimensional structure (FIG. 1-2A; P0042). The second segment has a second width before forming the second three-dimensional structure (FIG. 1-2A; P0042). The second width being less than the first width (e.g., “tapered configuration” at P0042). The first segment has a first thickness before forming the first three- dimensional structure, and the second segment has a second thickness before forming the second three-dimensional structure, the second thickness being less than the first thickness (e.g., “tapered configuration” at P0042). 5. The first segment and the second segment form a unity configuration (FIG. 1-2A). 6. The second segment comprises a second braided segment (FIG. 1 and 5A; P0037). 7. Loop widths, loop curvatures, braid widths, braid thicknesses, braid angles, or any combination of the foregoing, of the respective ones of the first braided loops increase or decrease along a length of the first segment forming the first three-dimensional structure (FIG. 1 and 2; P0042); and/or wherein the second three-dimensional structure comprises second braided loops, and wherein loop widths, loop curvatures, braid widths, braid thicknesses, braid angles, or any combination of the foregoing, of the respective ones of the second braided loops increase or decrease along a length of the second segment forming the second three-dimensional structure (FIG. 1 and 2; P0042). 8. Angles between adjacent ones of the first plurality of braided loops increase or decrease along a length of the first segment forming the first three-dimensional structure (FIG. 2B and 9-10; P0046); and/or wherein the second three-dimensional structure comprises braided loops, and wherein angles between adjacent ones of the second plurality of braided loops increase or decrease along a length of the second segment forming the second three-dimensional structure (FIG. 2B and 9-10; P0046). 9. Two adjacent ones of the first braided loops of the first three-dimensional structure form a first angle, and wherein the second three-dimensional structure has at least two adjacent loops forming a second angle that is less than the first angle (see angles in FIG. 2B and 9-10 with outer loops having greater angles than inner loops). 11. Porter discloses an embolic device (embolic device 10) for placement in a body lumen (FIG. 2B). The embolic device comprising an elongated member having a proximal end and a distal end (FIG. 1). The elongated member has a first segment and a second segment (see annotated FIG. 1). The first segment being configured to form a first three-dimensional structure (e.g., see first three-dimensional structure defined by 1st segment which are the outer portions in FIG. 2B and 9-10; P0034 and P0037). The first three-dimensional structure defines a cavity (see cavity defined by 1st segment which are the outer portions in FIG. 2B and 9-10). The second segment is configured to form a second three-dimensional structure (e.g., see second three-dimensional structure defined by 2nd segment which are the inner portions in FIG. 2B and 9-10; P0034 and P0037) inside the cavity of the first three-dimensional structure (FIG. 2B and 9-10). The first segment has a first cross-section with a first width and a first thickness that is different from the first width (FIG. 1-2A; P0042). The second segment has a second cross-section with a second width and a second thickness that is different from the second width (FIG. 1-2A; P0042). Before the first and second three-dimensional structures are formed, the first width of the first segment is larger than the second width of the second segment (FIG. 1-2A; P0042). 12. The first three-dimensional structure formed by the first segment of the elongated member comprises a first loop, and the second three-dimensional structure formed by the second segment of the elongated member comprises a second loop (FIG. 2B and 9-10; P0034 and P0037). 13. A first curvature of the first loop of the first three-dimensional structure is less than a second curvature of the second loop of the second three-dimensional structure (see curvature in FIG. 2B and 9-10 with outer loops having curvature less than inner loops). 14. The second thickness of the second segment is less than the first thickness of the first segment (FIG. 1-2A; P0042). 15. The first segment and the second segment form a unity configuration (FIG. 1-2A). 16. Each of the first segment and the second segment comprises a braided segment (FIG. 1 and 5A; P0037). 17. The first three-dimensional structure comprises a first plurality of loops (FIG. 1 and 9-10). Loop widths, loop curvatures, braid widths, braid thicknesses, braid angles, or any combination of the foregoing, of the respective ones of the first braided loops increase or decrease along a length of the first segment forming the first three-dimensional structure (FIG. 1 and 2; P0042); and/or wherein the second three-dimensional structure comprises second braided loops, and wherein loop widths, loop curvatures, braid widths, braid thicknesses, braid angles, or any combination of the foregoing, of the respective ones of the second braided loops increase or decrease along a length of the second segment forming the second three-dimensional structure (FIG. 1 and 2; P0042). 18. The first three-dimensional structure comprises a first plurality of loops (FIG. 1 and 9-10). Angles between adjacent ones of the first plurality of braided loops increase or decrease along a length of the first segment forming the first three-dimensional structure (FIG. 2B and 9-10; P0046); and/or wherein the second three-dimensional structure comprises braided loops, and wherein angles between adjacent ones of the second plurality of braided loops increase or decrease along a length of the second segment forming the second three-dimensional structure (FIG. 2B and 9-10; P0046). 19. The first three-dimensional structure has at least two adjacent loops forming a first angle, and wherein the second three-dimensional structure has at least two adjacent loops forming a second angle that is less than the first angle (see angles in FIG. 2B and 9-10 with outer loops having greater angles than inner loops). 20. Porter discloses a method of occluding a body lumen (FIG. 2B; P0013), comprising: deploying the first segment of the embolic device of claim 1 into the body lumen, wherein the deployed first segment forms the first three-dimensional structure inside the body lumen (FIG. 2B; P0013 and P0034); and deploying the second segment of the embolic device of claim 1 into the body lumen (FIG. 2B; P0013 and P0034); wherein at least a majority of the second three-dimensional structure is accommodated in the cavity of the first three-dimensional structure (FIG. 2B and 9-10). 21. The elongated member is a braided structure (FIG. 1 and 5A; P0037). The first segment comprises a first braided segment of the braided structure (FIG. 1 and 5A; P0037). The first braided segment configured to form multiple first braided loops for the first three-dimensional structure for accommodating the second three- dimensional structure (FIG. 2B and 9-10; P0034 and P0037). 22. The first segment is configured to go through a first change (e.g., initial change from configuration of FIG. 2A towards FIG. 2B to a midway configuration) and a second change (e.g., subsequent change from midway configuration between FIG. 2A to final configuration of FIG. 2B) when the first segment is outside a catheter (FIG. 2B), wherein in the first change, the first segment expands transversely (FIG. 2A-2B), and wherein in the second change, the first segment changes shape to increase a curvature of the first segment (FIG. 2A-2B). 23. The first segment has a first cross-section with a first width and a first thickness that is different from the first width (FIG. 1-2A; P0042). The second segment has a second cross-section with a second width and a second thickness that is different from the second width (FIG. 1-2A; P0042). Before the first and second three-dimensional structures are formed, the first width of the first segment is larger than the second width of the second segment (FIG. 1-2A; P0042). 24. The first segment is configured to go through a first change (e.g., initial change from configuration of FIG. 2A towards FIG. 2B to a midway configuration) and a second change (e.g., subsequent change from midway configuration between FIG. 2A to final configuration of FIG. 2B) when the first segment is outside a catheter (FIG. 2B), wherein in the first change, the first segment expands transversely (FIG. 2A-2B), and wherein in the second change, the first segment changes shape to increase a curvature of the first segment (FIG. 2A-2B). Response to Arguments Applicant’s arguments, see page 8-9, filed 07/31/2026, with respect to the rejection(s) of claim(s) under 35 U.S.C. 102/103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Porter. 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 TODD J SCHERBEL whose telephone number is (571)270-7085. 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, Kelly Bekker can be reached on 571-272-2739. 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. TJ SCHERBEL Primary Examiner Art Unit 3771 /TODD J SCHERBEL/ Primary Examiner, Art Unit 3771