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 23 is objected to because of the following informalities: the claim should end with a “.”. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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) 21-40 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dickinson et al. US 2009/0306755.
Regarding claim 21, Dickinson et al. discloses a method of diverting fluid flow from a first passage to a second passage (paragraph 0025, 0035), the method comprising: providing a device 10 in a compressed state within a delivery catheter (paragraph 0004, catheter may retain the device or stent in a compressed or unexpanded state), wherein the device has an expanded state outside the delivery catheter (paragraph 0004, upon removal of sleeve, stent expands to support and dilate the blood vessel wall), and wherein in the expanded state the device has (a) a first end portion having a first end diameter (first end 12 diameter, figure 2) and (b) a second end portion having a second end diameter larger than the first end diameter (second end 14 diameter, paragraph 0024, 0038, 0045, first and second end portions may having different diameter, figure 2 shows second end portion 14 larger than end portion 12) such that the device is at least partially tapered between the first end portion and the second end portion (figure 2); deploying the device from the delivery catheter in the first passage, the second passage, and a third passage between the first passage and the second passage (paragraph 0024, 0025; device fit with one end in the first passage, the other in the second passage, the third passage between the first and second passages); wherein deploying the device in the first passage, the second passage, and the third passage comprises expanding the first end portion coaxial with the first passage and to circumferentially engage a sidewall of the first passage (figure 2, paragraph 0025, expanding the end portions against the walls of the first and second passages so as to anchor the device in the passages); and expanding the second end portion coaxial with and to circumferentially engage a sidewall of the second passage (figure 2, paragraph 0025, expanding the end portions against the walls of the first and second passages so as to anchor the device in the passages), such that the device diverts the fluid flow into the first end portion from the first passage and into the second passage through the second end portion (paragraph 0041, fluid passes through lumen 20 of the device from the first passage 26 to the second passage 28).
Regarding claim 22, Dickinson et al. discloses wherein the method further comprises forming the third passage between the first passage and the second passage (paragraph 0025, forming a third passage between the first and second passages).
Regarding claim 23, Dickinson et al. discloses wherein forming the third passage comprises: positioning a catheter in the first passage (paragraph 0047, catheter fed into first passage 26); and deploying a needle from the catheter through tissue between the first passage and the second passage and into the second passage (paragraph 0047, catheter inserted, a needle deployed from the catheter and inserted through first passage 26 through tissue creating a third passage through opening 30 and into the second passage 28).
Regarding claim 24, Dickinson et al. discloses wherein the method further comprises: inserting a guidewire through the first passage, through the needle, and into the second passage (paragraph 0048, 0049; guidewire inserted through needle and into the second passage 28); and retracting the needle and the catheter while leaving the guidewire in position (paragraph 0048, 0049; needle is retracted leaving the guidewire in place).
Regarding claim 25, Dickinson et al. discloses wherein deploying the device in the first passage, the second passage, and the third passage further comprises advancing the delivery catheter over the guidewire (paragraph 0048, 0049; guide wire used to guide catheters between the passage carried by the catheter).
Regarding claim 26, Dickinson et al. discloses wherein the first passage is an artery (artery 26, figure 2, paragraph 0040) and the second passage is a vein (vein 28, figure 2, paragraph 0040).
Regarding claim 27, Dickinson et al. discloses wherein expanding the first end portion comprises allowing the first end portion to self-expand (paragraph 0026, one or more end portions may be balloon expandable or alternatively self-expanding), and wherein expanding the second end portion comprises allowing the second end portion to self-expand (paragraph 0026, one or more end portions may be balloon expandable or alternatively self-expanding).
Regarding claim 28, Dickinson et al. discloses wherein the device is tapered along all of a length of the device extending between the first end portion and the second end portion (figure 2, paragraph 0045; first end portion and second end portion may be varying diameters, thereby creating a tapered length therebetween, Examiner notes along all of a length of the device may be any length of the device between the first and second end portions).
Regarding claim 29, Dickinson et al. discloses wherein the first end portion is tapered and the second end portion is tapered (figure 2, Examiner notes any portion of the first end portion and the second end portion may be considered so long as there is an intermediate portion therebetween within the third passage, therefore, as the device is tapered between the first and second end portions, the first and second end portions may be considered to be at least partially tapered).
Regarding claim 30, Dickinson et al. discloses wherein at least one of the first end portion and the second end portion is cylindrical (for example, figure 1, tubular or cylindrical shape with lumen 20 therethrough).
Regarding claim 31, Dickinson et al. discloses a method of diverting fluid flow from a first passage to a second passage (paragraph 0025, 0035), the method comprising: providing a device 10 in a compressed state within a delivery catheter (paragraph 0004, catheter may retain the device or stent in a compressed or unexpanded state), wherein the device has an expanded state outside the delivery catheter (paragraph 0004, upon removal of sleeve, stent expands to support and dilate the blood vessel wall), and wherein in the expanded state the device has (a) a first end portion having a first end diameter (first end 12 diameter, figure 2) and (b) a second end portion having a second end diameter larger than the first end diameter (second end 14 diameter, paragraph 0024, 0038, 0045, first and second end portions may having different diameter, figure 2 shows second end portion 14 larger than end portion 12) such that the device is at least partially tapered between the first end portion and the second end portion (figure 2); wherein at least one of the first end portion and the second end portion is cylindrical (for example, figure 1, tubular or cylindrical shape with lumen 20 therethrough), and deploying the device from the delivery catheter in the first passage, the second passage, and a third passage between the first passage and the second passage (paragraph 0024, 0025; device fit with one end in the first passage, the other in the second passage, the third passage between the first and second passages); wherein deploying the device in the first passage, the second passage, and the third passage comprises expanding the first end portion in the first passage (figure 2, paragraph 0025, expanding the end portions against the walls of the first and second passages so as to anchor the device in the passages); and expanding the second end portion in the second passage (figure 2, paragraph 0025, expanding the end portions against the walls of the first and second passages so as to anchor the device in the passages), such that the device diverts the fluid flow into the first end portion from the first passage and into the second passage through the second end portion (paragraph 0041, fluid passes through lumen 20 of the device from the first passage 26 to the second passage 28), wherein an axis of the first end portion is substantially parallel to a direction of the fluid flow in the first passage; and wherein an axis of the second end portion is substantially parallel to a direction of the fluid flow in the second passage (figure 2, longitudinal axis of portion 14 is within passage 38 fluid flow therethrough, longitudinal axis is substantially parallel to flow as the portion 14 is placed along the vessel).
Regarding claim 32, Dickinson et al. discloses wherein the first passage is an artery (artery 26, figure 2, paragraph 0040) and the second passage is a vein (vein 28, figure 2, paragraph 0040), and wherein the method further comprises inserting a guidewire through the artery, through the third passage 30, and into the vein (paragraph 0048, 0049; guidewire inserted through needle through the passage 30 into the second passage or vein 28), and wherein deploying the device in the artery, the vein, and the third passage further comprises advancing the delivery catheter over the guidewire (paragraph 0048, 0049; guide wire used to guide catheters between the passage carried by the catheter),
Regarding claim 33, Dickinson et al. discloses wherein expanding the first end portion comprises allowing the first end portion to self-expand (paragraph 0026, one or more end portions may be balloon expandable or alternatively self-expanding), and wherein expanding the second end portion comprises allowing the second end portion to self-expand (paragraph 0026, one or more end portions may be balloon expandable or alternatively self-expanding).
Regarding claim 34, Dickinson et al. discloses wherein the device is tapered along all of a length of the device extending between the first end portion and the second end portion (figure 2, paragraph 0045; first end portion and second end portion may be varying diameters, thereby creating a tapered length therebetween, Examiner notes along all of a length of the device may be any length of the device between the first and second end portions).
Regarding claim 35, Dickinson et al. discloses a method of diverting fluid flow from a first passage to a second passage (paragraph 0025, 0035), the method comprising: providing a device 10 in a compressed state within a delivery catheter (paragraph 0004, catheter may retain the device or stent in a compressed or unexpanded state), wherein the device has an expanded state outside the delivery catheter (paragraph 0004, upon removal of sleeve, stent expands to support and dilate the blood vessel wall), and wherein in the expanded state the device has (a) a first end portion having a first end diameter (first end 12 diameter, figure 2) and (b) a second end portion having a second end diameter larger than the first end diameter (second end 14 diameter, paragraph 0024, 0038, 0045, first and second end portions may having different diameter, figure 2 shows second end portion 14 larger than end portion 12) such that the device is at least partially tapered between the first end portion and the second end portion (figure 2); deploying the device from the delivery catheter in the first passage, the second passage, and a third passage between the first passage and the second passage (paragraph 0024, 0025; device fit with one end in the first passage, the other in the second passage, the third passage between the first and second passages); wherein deploying the device in the first passage, the second passage, and the third passage comprises expanding the first end portion against an entire inner circumference sidewall of the first passage (figure 2, paragraph 0025, expanding the end portions against the walls of the first and second passages so as to anchor the device in the passages); and expanding the second end portion against an entire inner circumference of the second passage (figure 2, paragraph 0025, expanding the end portions against the walls of the first and second passages so as to anchor the device in the passages), such that the device diverts the fluid flow into the first end portion from the first passage and into the second passage through the second end portion (paragraph 0041, fluid passes through lumen 20 of the device from the first passage 26 to the second passage 28).
Regarding claim 36, Dickinson et al. discloses wherein the method further comprises inserting a guidewire through the first passage, through the third passage, and into the second passage (paragraph 0048, 0049; guidewire inserted through needle and into the second passage 28), and wherein deploying the device in the first passage, the second passage, and the third passage further comprises advancing the delivery catheter over the guidewire (paragraph 0048, 0049; guide wire used to guide catheters between the passage carried by the catheter).
Regarding claim 37, Dickinson et al. discloses wherein the first passage is an artery (artery 26, figure 2, paragraph 0040) and the second passage is a vein (vein 28, figure 2, paragraph 0040).
Regarding claim 38, Dickinson et al. discloses wherein expanding the first end portion comprises allowing the first end portion to self-expand (paragraph 0026, one or more end portions may be balloon expandable or alternatively self-expanding), and wherein expanding the second end portion comprises allowing the second end portion to self-expand (paragraph 0026, one or more end portions may be balloon expandable or alternatively self-expanding).
Regarding claim 39, Dickinson et al. discloses wherein at least one of the first end portion and the second end portion is cylindrical (for example, figure 1, tubular or cylindrical shape with lumen 20 therethrough).
Regarding claim 40, Dickinson et al. discloses wherein the method further comprises dilating the third passage (paragraph 0027).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINA C LAUER whose telephone number is (571)270-5418. The examiner can normally be reached Monday-Thursday 7:00 AM-4:00 PM.
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/CHRISTINA C LAUER/Examiner, Art Unit 3771
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