DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Election/Restrictions
Applicant’s election without traverse of Group I in the reply filed on 08/14/2026 is acknowledged.
Claim Objections
Claims 18-19 are objected to because of the following informalities:
Claim 18, line 2, "the hollow distal grip handle" should read "the handle distal grip".
Claim 19, line 2, "outer" should be deleted.
Claim 19, line 3, "outer" should be deleted.
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 pre-AIA 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 –
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claim(s) 10-22 are rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by US 2010/0030255 (Berra).
10. Berra discloses a method of delivering a stent graft, the method comprising:
a) inserting a stent graft delivery device (stent graft delivery system 5500) comprising:
i) a handle having a distal grip (distal grip 5530) and a handle body (handle body 5540) extending from the distal grip (FIG. 55; P0162), the handle defining a conduit and a track (track 5542) along a portion of a length of the distal grip and the handle body (FIG. 55; P0162),
ii) an internal lead screw assembly (internal lead screw assembly 5510) within the track (FIG. 56), the internal lead screw assembly is movable along a major axis of the conduit and including a threaded portion (threaded portion 5512) that extends through the track (FIG. 56; P0162),
iii) a lead screw nut (lead screw nut 5520) that extends about the handle body and threadably engaged with the threaded portion of the internal lead screw assembly (FIG. 56; P0162),
iv) a support member (support member 5740) fixed to the handle body (FIG. 57; P0163),
v) a sheath (sheath 5550) extending about a portion of the support member and fixed to the internal lead screw assembly (FIG. 57; P0163), whereby relative movement of the handle body and the lead screw assembly causes relative movement of the support member and the sheath (FIG. 57; P0163), the internal lead screw assembly defines an opening essentially coaxial with the handle (FIG. 57; P0164), the support member extends through the internal lead screw assembly (FIG. 57; P0195);
b) moving the handle distally and/or proximally, thereby positioning a compressed stent graft at an aneurysm site of the subject (FIG. 56; P0162);
c) interacting with the lead screw nut, whereby interacting with the lead screw nut alters a relative position of the lead screw nut along the length of the handle body (P0162 and P0203-P0204);
d) proximally moving the sheath along the support member, thereby exposing at least a portion of the compressed stent positioned at a distal end of the support member (FIG. 55-57; P0163 and P0203); and
e) deploying the compressed stent graft to a deployed state at the aneurysm site of the subject (P0200-P0201).
11. Interacting with the lead screw nut comprises rotating the lead screw nut (FIG. 56; P0162).
12. Rotating the lead screw comprises rotating the lead screw nut to retract the internal lead screw (FIG. 56; P0162).
13. Interacting with the lead screw nut comprises sliding the lead screw nut along the handle (see slider assembly 5720)(FIG. 57; P0212).
14. The internal lead screw is longitudinally fixed to the outer sheath (FIG. 57; P0163).
15. Moving the lead screw nut along the handle comprises selectively sliding the lead screw nut distally or proximally along the handle (FIG. 57; P0212).
16. The user moves the lead screw nut longitudinally in a proximal direction, thereby displacing the internal lead screw simultaneously (FIG. 56-57; P0162 and P0212).
17. The user moves the lead screw nut longitudinally in a proximal direction independently of rotating the lead screw nut (see slider assembly 5720)(FIG. 56-57; P0162 and P0212).
18. The sheath moves in a longitudinal direction freely from the hollow distal grip handle (FIG. 57; P0163-P0164).
19. Rotation of the lead screw nut displaces the outer sheath at a first speed (e.g., speed during rotation)(FIG. 56; P0162), and longitudinal movement of the lead screw nut displaces the outer sheath at a second speed (e.g., speed during longitudinal movement)(FIG. 57; P0212).
20. Displacing the sheath proximally along the support member comprises exposing at least a portion of an apex capture assembly (capture assembly 5570), the apex capture assembly retaining at least a portion of the compressed stent (FIG. 55-56; P0204).
21. The apex capture assembly comprises:
a proximal portion having a plurality of tines radially distributed about the major longitudinal axis and extending along the major longitudinal axis (FIG. 55-56; P0204 and P0209); and
a distal portion having a plurality of bosses radially distributed about the major longitudinal axis and aligned with the plurality of tines (FIG. 55-56; P0204 and P0209), wherein
the distal portion and proximal portion of the apex capture assembly are movable relative to one another along the major longitudinal axis (FIG. 55-56; P0204 and P0209).
22. Deploying the compressed stent graft comprises moving the proximal portion of the apex capture assembly relative to the distal portion of the apex capture assembly (FIG. 55-56; P0204 and P0209).
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.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jackie Ho can be reached at 571-272-4696. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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TJ SCHERBEL
Primary Examiner
Art Unit 3771
/TODD J SCHERBEL/Primary Examiner, Art Unit 3771
