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 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 and 5-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Baker et al. (US 20150025313 A1).
Regarding Claims 1 and 5-8, Baker discloses a kit for use with an endoscope having a shaft and adapted to convert said endoscope into a combination endoscope and intraluminal device deployment device ([0043-0045]), said kit comprising:
a holder ("handle 32" [0043]; FIG. 1) having an inner diameter opening that is larger than an outer diameter of the shaft of said endoscope ("Opening 122 has a diameter that is large enough to accommodate the elongated portion 16a of endoscope 16" [0050]; FIG. 15); an intraluminal device comprising a self-expandable wall positioned on said holder ("compressed for deployment and to be self-unfurling for use" [0041]);
a compression device over the intraluminal device compressing said self-expanding wall to a compressed state ("Shaft 118 further includes a proximal portion 124 that is connected with an operator handle 132 with an actuator 134 both of which are used to removeably retain intraluminal device 14 in a compressed state" [0050]; FIGs. 12-18); and
a deploying filament configured to extend external the patient, said deploying filament adapted to release said compression device from the compressed intraluminal device to allow the intraluminal device to self-expand to a deployed state ("ripcord actuator 34 associated with the cardiac member is pulled. This retracts a deployment sheath in the form of a ripcord 35 from wrapping filament 36 wound around the cardiac member, thus freeing the wrapping filament to fall away and the cardiac member to unfurl under its own outward bias" [0043]; FIGs. 1-4);
wherein said deploying filament is configured to extend external the patient through a working channel of said endoscope ("Shaft 18 further includes a proximal portion 24 that has a larger diameter than deployment portion 20 in order to provide ripcord openings 26 and plenum-space 28 for passage of wrapping filament 29" [0040]; FIG. 6);
wherein said compression device comprises a sleeve over the self-expanding wall of the intraluminal device ("deployment sheath 172" [0051]; FIG. 17);
wherein said compression device comprises a wrapped filament over the self-expanding wall of the intraluminal device ("wrapping filament 36" [0043]; FIG. 5);
The kit as claimed in claim 1 adapted to align the intraluminal device in the stomach by positioning the deployment device within the open portion of the wall in order to generally align the open portion with the GE junction ("position cardiac member 40 in a desired orientation and tensioned against the cardiac region of stomach S" [0044]).
Claim Rejections - 35 USC § 103
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.
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.
Claim(s) 2-4 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baker in view of Angel et al. (US 20150148889 A1).
Regarding Claims 2-4 and 9, Baker disclose at least one retaining filament fixed to the intraluminal device ("attachment filament 58" [0045]) and configured to extend from said intraluminal device to external the patient ([0045]; FIG. 9) but fails to specify the remaining claim limitations.
However, Angel teaches “a delivery device which comprises an endoprosthesis” ([0031]) including at least one filament guide positioned on said holder ("loops or eyelets 34" [0063]; FIG. 2) and having at least one channel adapted to guide movement of said deploying filament ("filament between this anchoring point 31 and its free end 32 being able to deploy a distance away from the body 2 of the endoprosthesis 1 starting from this anchoring point 31" [0060]; FIG. 4); wherein said at least one filament guide comprises a plurality of said filament guides ("plurality of rings distributed along the body 2 of the endoprosthesis 1" [0088]; FIG. 1); wherein said at least one filament guide has a channel adapted to guide movement of said at least one retaining filament ("filament between this anchoring point 31 and its free end 32 being able to deploy a distance away from the body 2 of the endoprosthesis 1 starting from this anchoring point 31" [0060-0065]; FIG. 4); and wherein said holder is adapted to receive the at least one filament guide and compression device after use ([0052-0055]).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the device of Baker to incorporate the teachings of Angel to suitably ensure “the fitting of the endoprosthesis” and “do not risk penetrating the inner conduit” ([0006]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. The references provided on the attached PTO-892 form are considered relevant to applicant’s disclosure and are cited to further show the general state of the art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Cheng Fong "Ted" Yang whose telephone number is (571)272-8846. The examiner can normally be reached 10am - 6pm (EST) M-F.
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, Rebecca E. Eisenberg can be reached at (571) 270-5879. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Adam Marcetich/Primary Examiner, Art Unit 3781
Cheng Fong "Ted" Yang
Examiner
Art Unit 3781
Prosecution Insights