CTNF 18/977,718 CTNF 87361 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 07-29-01 AIA Claim 20 is objected to because of the following informalities: Claim 20, line 3-4, “a” before “first three-dimensional structure” should read “the” . Appropriate correction is required. Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 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. 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15 AIA Claim (s) 1-5, 7-15, and 17-20 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by US 2018/0263630 (Tsukumo) . 1. Tsukumo disclose an embolic device (member 1 of FIG. 9B) for placement in a body lumen (P0002), the embolic device having first and second segments (large solid 4B and middle solid 4A, respectively), the first segment has a first linear configuration when located inside a catheter (P0142); the first segment is configured to form a first three-dimensional structure (large solid 4B) when outside the catheter (FIG. 9A; P0089-P0090, P0096, and P0137), the first three-dimensional structure defines a cavity (FIG. 9A-9B); and the second segment extending from the first segment (FIG. 9A); the second segment has a second linear configuration when located inside the catheter (P0142); the second segment is configured to form a second three-dimensional structure (middle solid 4A) when outside the catheter (FIG. 9A; P0089-P0090, P0096, and P0137); the cavity of the first three-dimensional structure is configured to accommodate at least a majority of the second three-dimensional structure (FIG. 9B; P0089-P0090 and P0098). 2. The first three-dimensional structure comprises a first loop (curved parts 52a-52f), and the second three-dimensional structure comprises a second loop (curved parts 51a-51e). 3. 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 (FIG. 11A-11B; P0119). 4. The first segment has a first thickness (e.g., overall thickness of large solid 4B at quadrangle s2 in FIG. 11B and P0119); the second segment has a second thickness (e.g., overall thickness of large middle solid 4A at quadrangle s1 in FIG. 11A and P0119) that is less than the first width. 5. The first segment and the second segment form a unity configuration (see coil 11 at FIG. 9A). 7. The first three-dimensional structure comprises a first plurality of loops (curved parts 52a-52f). Loop curvatures of the respective ones of the first plurality of loops increase or decrease along a length of the first segment forming the first three-dimensional structure (e.g., see change of loop curvature between curved part 52a and connecting part 54 in FIG. 9A). The second three-dimensional structure comprises a second plurality of loops (curved parts 51a-51e). Loop curvatures of the respective ones of the second plurality of loops increase or decrease along a length of the second segment forming the second three-dimensional structure (e.g., see change of loop curvature between curved part 51e and connecting part 54 in FIG. 9A). 8. The first three-dimensional structure comprises a first plurality of loops (curved parts 52a-52f). Angles between respective adjacent ones of the first plurality of loops increase or decrease along a length of the first segment forming the first three-dimensional structure (see “However, in terms of the nature of the in vivo indwelling member formed of the spirally wound primary coil, the shape of the square does not necessarily have to conform to the definition of the square, and includes quadrangular shapes in which lengths and angles of sides are different from one another or the respective sides do not intersect one another” at P0116). The second three-dimensional structure comprises a second plurality of loops (curved parts 51a-51e). Angles between respective adjacent ones of the second plurality of loops increase or decrease along a length of the second segment forming the second three-dimensional structure (P0116). 9. The first three-dimensional structure has at least two adjacent loops forming a first angle (Tsukumo discloses at P0116 that quadrangle has different angles such that an angle between two adjacent loops of curved parts 52a-52e includes an obtuse angle when the quadrangle has different angles). The second three-dimensional structure has at least two adjacent loops forming a second angle (Tsukumo discloses at P0116 that quadrangle has different angles such that an angle between two adjacent loops of curved parts 51a-51e includes an acute angle when the quadrangle has different angles) that is less than the first angle (acute angle is less than an obtuse angle). 10. The first segment and the second segment are parts of an elongated member having a distal end and a proximal end (see coil 11 at FIG. 9A). 11. Tsukumo discloses an embolic device (member 1 of FIG. 9B) for placement in a body lumen (P0002), the embolic device has an elongated member (coil 11) having a proximal end and a distal end (FIG. 9A), the elongated member comprises first and second segments (large solid 4B and middle solid 4A, respectively); the first segment is configured to form a first three-dimensional structure (large solid 4B) defining a cavity (FIG. 9A-9B; P0089-P0090, P0096, and P0137); and the second segment is configured to form a second three-dimensional structure (middle solid 4A) inside the cavity of the first three-dimensional structure (FIG. 9B; P0089-P0090 and P0098). 12. The first three-dimensional structure formed by the first segment of the elongated member comprises a first loop (curved parts 52a-52f); the second three-dimensional structure formed by the second segment of the elongated member comprises a second loop (curved parts 51a-51e). 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 (FIG. 11A-11B; P0119). 14. The first segment has a first thickness (e.g., overall thickness of large solid 4B at quadrangle s2 in FIG. 11B and P0119); the second segment has a second thickness (e.g., overall thickness of large middle solid 4A at quadrangle s1 in FIG. 11A and P0119) that is less than the first width. 15. The first segment and the second segment form a unity configuration (see coil 11 at FIG. 9A). 17. The first three-dimensional structure comprises a first plurality of loops (curved parts 52a-52f). Loop curvatures of the respective ones of the first plurality of loops increase or decrease along a length of the first segment forming the first three-dimensional structure (e.g., see change of loop curvature between curved part 52a and connecting part 54 in FIG. 9A). The second three-dimensional structure comprises a second plurality of loops (curved parts 51a-51e). Loop curvatures of the respective ones of the second plurality of loops increase or decrease along a length of the second segment forming the second three-dimensional structure (e.g., see change of loop curvature between curved part 51e and connecting part 54 in FIG. 9A). 18. The first three-dimensional structure comprises a first plurality of loops (curved parts 52a-52f). Angles between respective adjacent ones of the first plurality of loops increase or decrease along a length of the first segment forming the first three-dimensional structure (see “However, in terms of the nature of the in vivo indwelling member formed of the spirally wound primary coil, the shape of the square does not necessarily have to conform to the definition of the square, and includes quadrangular shapes in which lengths and angles of sides are different from one another or the respective sides do not intersect one another” at P0116). The first plurality of loops have at least four first loops (curved parts 52a-52f) where the angles between respective adjacent ones of the at least four first loops have at least three first angles (FIG. 11B). The second three-dimensional structure comprises a second plurality of loops (curved parts 51a-51e). Angles between respective adjacent ones of the second plurality of loops increase or decrease along a length of the second segment forming the second three-dimensional structure (P0116). The second plurality of loops comprise at least four second loops (curved parts 51a-51e) where the angles between respective adjacent ones of the at least four second loops comprise at least three second angles (FIG. 11a). 19. The first three-dimensional structure has at least two adjacent loops forming a first angle (Tsukumo discloses at P0116 that quadrangle has different angles such that an angle between two adjacent loops of curved parts 52a-52e includes an obtuse angle when the quadrangle has different angles). The second three-dimensional structure has at least two adjacent loops forming a second angle (Tsukumo discloses at P0116 that quadrangle has different angles such that an angle between two adjacent loops of curved parts 51a-51e includes an acute angle when the quadrangle has different angles) that is less than the first angle (acute angle is less than an obtuse angle). 20. Tsukumo disclose a method of occluding a body lumen (P0002), comprising deploying the first segment (large solid 4B) of the embolic device (member 1 of FIG. 9B) of claim 1 into the body lumen (FIG. 9B; P0142 and P0002), deploying the second segment (middle solid 4A) of the embolic device of claim 1 into the body lumen (FIG. 9B; P0142 and P0002), where at least a majority of the second three-dimensional structure is accommodated in the cavity of the first three-dimensional structure (FIG. 9B; P0089-P0090 and P0098) . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-23-aia AIA 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. 07-20-02-aia AIA This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. 07-21-aia AIA Claim s 6 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over US 2018/0263630 (Tsukumo) in view of US 2009/0112251 (Qian) . Tsukumo discloses the invention substantially as claimed as discussed above but does not disclose each of the first segment and second segment having a braided segment. Qian teaches an embolic device in the same field of endeavor having first and second segments (FIG. 5A-5B; P0067) having a braided segment (braid 14), for the purpose of providing a flexible, low profile vascular occlusion device having a large volume filling capability and high metal content for faster occlusion (P0010). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the first and second segments of Tsukumo to include braded segments as taught by Qian in order to prove a flexible, low profile vascular occlusion device having a large volume filling capability and high metal content for faster occlusion. Conclusion 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 Application/Control Number: 18/977,718 Page 2 Art Unit: 3771 Application/Control Number: 18/977,718 Page 3 Art Unit: 3771 Application/Control Number: 18/977,718 Page 4 Art Unit: 3771 Application/Control Number: 18/977,718 Page 5 Art Unit: 3771 Application/Control Number: 18/977,718 Page 6 Art Unit: 3771 Application/Control Number: 18/977,718 Page 7 Art Unit: 3771 Application/Control Number: 18/977,718 Page 8 Art Unit: 3771 Application/Control Number: 18/977,718 Page 9 Art Unit: 3771
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