DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Claim Objections
Claims 28-32 and 36-40 are objected to because of the following informalities:
In claim 28, line 2: “than then” at the end of the line should read “than the”.
Claims 29-32 are also objected to because they depend from claim 28.
In claim 36, line 2: “than then” at the end of the line should read “than the”.
Claims 37-40 are also objected to because they depend from claim 36.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 27-32 and 35-40 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 27 recites the limitation "the catheter" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claims 28-32 are also rejected because they depend from claim 27.
Claim 35 recites the limitation "the catheter" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 37 recites the limitation "the catheter" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 38 recites the limitation "the catheter" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claims 36-40 are also rejected because they depend from claim 35.
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.
Claims 25-40 are rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by Benjamin et al. (2010/0004730).
Regarding claim 25, Benjamin et al. disclose a system (see at least figures 3A-3D) comprising: a stent (80) having a relaxed diameter (see figure 3D where the distal end of the stent is expanded); and an introducer (62) comprising a distal opening, said opening having a diameter; wherein the introducer distal opening diameter is smaller than the stent relaxed diameter (see at least figure 3D), and wherein the introducer distal opening is configured to receive the stent (as in figure 3C).
Regarding claim 26, the stent is loaded in a catheter sheath (70).
Regarding claim 27, the catheter is advanceable into a proximal opening of the introducer (see the progression from figures 3A-3B).
Regarding claim 28, the stent is configured to transition from the relaxed diameter to a compressed diameter (not shown in the figures but inherently present to place the stent into the compressed diameter), said relaxed diameter being larger than the compressed diameter (see at least figure 3D).
Regarding claim 29, the introducer distal opening is configured to reduce the stent diameter from the relaxed diameter to the compressed diameter (see at least figures 3B and 3C).
Regarding claim 30, the introducer comprises a lumen and a tapered inner wall (at 66) portion inside said lumen.
Regarding claim 31, the introducer comprises a lumen and a curved inner wall (because the introducer lumen is circular in cross section).
Regarding claim 32, the introducer comprises an outer sheath (at 64) extending distally from the distal opening of said introducer.
Regarding claim 33, Benjamin et al. disclose a method of delivering a stent (see at least figures 3A-3D) comprising: placing an introducer (62) in a patient; advancing a stent (80) having a relaxed diameter through the introducer to reduce the stent diameter to a constrained diameter (as in figures 3B and 3C); and introducing the stent into the patient (as in figure 3D).
Regarding claim 34, the stent is loaded in a catheter sheath (70).
Regarding claim 35, the method comprises advancing the catheter into a proximal opening of the introducer (see the progression from figures 3A-3B).
Regarding claim 36, the stent is configured to transition from the relaxed diameter to a compressed diameter (not shown in the figures but inherently present to place the stent into the compressed diameter), said relaxed diameter being larger than the compressed diameter (see at least figure 3D).
Regarding claim 37, wherein the catheter is advanced through a lumen of the introducer comprising a tapered inner wall portion (at 66).
Regarding claim 38, the catheter is advanced through a lumen of the introducer comprising a curved inner wall portion (because the introducer lumen is circular in cross section).
Regarding claim 39, the introducer comprises an outer sheath (at 64) extending distally from a distal opening of said introducer.
Regarding claim 40, the method comprises advancing the stent through the introducer outer sheath to reduce the stent diameter from a relaxed diameter to a constrained diameter (not shown in the figures but inherently present to place the stent into the compressed diameter).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN J SEVERSON whose telephone number is (571)272-3142. The examiner can normally be reached Monday-Friday 6:00-4:00 central.
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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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/Ryan J. Severson/Primary Examiner, Art Unit 3771
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