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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 02/05/2026 has been entered.
Information Disclosure Statement
The listing of references in the specification is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered.
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 6-11 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 6 recites the perivascular jacket comprising “a projectable and retractable tongue-shaped diversion chute” in Line 25 and “wherein the perivascular jacket comprises a vascular valve” in Line 30. The projectable and retractable tongue-shaped diversion chute is part of the vascular valve. Or, is applicant claiming a separate and distinct vascular valve above and addition to the valve comprised of the projectable and retractable tongue-shaped diversion chute? Applicant does not appear to have support for the latter and thus will interpret Claim 6’s projectable and retractable tongue-shaped diversion chute as a part of the vascular valve. Appropriate correction and/or clarification is required.
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.
Claims 1-3 and 5-16 are rejected under 35 U.S.C. 103 as being unpatentable over Goldsmith (USPGPub 2016/0051806) in view of Cull (USPGPub 2018/0085513).
Re Claim 1, Goldsmith teaches a perivascular jacket for encircling a native vessel (Goldsmith ¶ 0618-0622), said perivascular jacket having bonded to it a tubular outlet passageway (6) defining a lumen continuous with that of said native vessel (Goldsmith ¶ 0620), wherein said tubular outlet passageway (6) extends perpendicularly from said perivascular jacket such that said perivascular jacket can be positioned selectively at any anatomically available level and rotational angle (Goldsmith ¶ 0531, 0545), and wherein a valve (21) is disposed within the tubular outlet passageway (6) (Goldsmith ¶ 0758-0762).
However, Goldsmith fails to teach wherein said valve comprises a controllably-driven native lumen intromissive tongue extending a controllable distance into a lumen of said native vessel, the controllably-driven native lumen intromissive tongue being extendable and retractable relative to the tubular outlet passageway, and wherein a distal end of the controllably-driven native lumen intromissive tongue comprises an upturned distal edge, thereby serving as a valve to draw away or modulate the flow of a volume through said native vessel into said tubular outlet passageway for discharge out of the perivascular jacket through said tubular outlet passageway; and wherein an obturator is coupled to the distal end of the controllably-driven native lumen intromissive tongue beyond the upturned distal edge, the obturator configured to seal off the tubular outlet passageway from the lumen of the native vessel when the controllably-driven native lumen intromissive tongue is retracted into the tubular outlet passageway.
Cull teaches a perivascular jacket (80) (Cull Annotated Fig. 3 below) comprising a controllably-driven native lumen intromissive tongue (84) extending a controllable distance into a lumen of a native vessel (12), the controllably-driven native lumen intromissive tongue (84) being extendable and retractable relative to a tubular outlet passageway (82), and wherein a distal end of the controllably-driven native lumen intromissive tongue comprises an upturned distal edge (84-1); and wherein an obturator (84-2) is coupled to the distal end of the controllably-driven native lumen intromissive tongue (84) beyond the upturned distal edge (84-1), the obturator (84-2) configured to seal off the tubular outlet passageway from the lumen of the native vessel (12) when the controllably-driven native lumen intromissive tongue (84) is retracted into the tubular outlet passageway (82) (Cull ¶ 0084-0087), the controllably-driven native lumen intromissive tongue (84) for controlling blood flow in the vessel (12), the upturned distal edge (84-1) for conforming to the cross-section of the lumen of the native vessel (12), and obturator for blocking flow into the tubular outlet passageway (82) (Cull ¶ 0084-0087; Annotated Fig. 3 below).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have had configured the perivascular jacket and valve of Goldsmith to comprise a controllably-driven native lumen intromissive tongue extending a controllable distance into a lumen of said native vessel, the controllably-driven native lumen intromissive tongue being extendable and retractable relative to the tubular outlet passageway, and wherein a distal end of the controllably-driven native lumen intromissive tongue comprises an upturned distal edge; and wherein an obturator is coupled to the distal end of the controllably-driven native lumen intromissive tongue beyond the upturned distal edge, the obturator configured to seal off the tubular outlet passageway from the lumen of the native vessel when the controllably-driven native lumen intromissive tongue is retracted into the tubular outlet passageway as disclosed by Cull wherein the controllably-driven native lumen intromissive tongue controls blood flow in the vessel, the upturned distal edge for conforming to the cross-section of the lumen of the native vessel, and obturator for blocking flow into the tubular outlet passageway (Cull ¶ 0084-0087; Annotated Fig. 3 below). Where Goldsmith’s valve is configured with the teachings of Cull’s valve, said valve would serve to draw away or modulate the flow of a volume through said native vessel into said tubular outlet passageway for discharge out of the perivascular jacket through said tubular outlet passageway. Furthermore, Cull supports flow through said tubular outlet passageway (82) in its Fig. 4 embodiment (Cull ¶ 0081-0083).
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Re Claim 2, Goldsmith in view of Cull teach all of the limitations of Claim 1. Goldsmith teaches wherein the vascular valve is driven by a servomotor (Goldsmith ¶ 0763) whereas Cull teaches wherein extension and retraction of said native intromissive tongue is driven by a solenoid (Cull ¶ 0086). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have had the controllably-driven native lumen intromissive tongue of Goldsmith in view of Cull such that wherein extension and retraction of said controllably-driven native lumen intromissive tongue be driven by a servomotor configured to provide continuously variable control of the extension and retraction of said controllably-driven native lumen intromissive tongue as disclosed by Goldsmith (Goldsmith ¶ 0763) and Cull (Cull ¶ 0086) for electronic/motorized control of the valve.
Re Claim 3, Goldsmith in view of Cull teach all of the limitations of Claim 1. Goldsmith fails to teach wherein extension and retraction of said native lumen intromissive tongue is driven by a solenoid. Cull teaches wherein extension and retraction of said native intromissive tongue (84) is driven by a solenoid, wherein solenoids provide quick response times during activation, critical when delivering medicaments (Cull ¶ 0086). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have had the controllably-driven native lumen intromissive tongue of Goldsmith in view of Cull such that extension and retraction is driven by a solenoid as disclosed by Cull, wherein solenoids provide quick response times during activation, critical when delivering medicaments (Cull ¶ 0086).
Re Claim 5, Goldsmith in view of Cull teach all of the limitations of Claim 1. Goldsmith in view of Cull fail to teach wherein the controllably-driven native lumen intromissive tongue is conformed to accept flow from multiple vessels in parallel adjacency such as those encountered in a neonatal heart transplant. However, the language "wherein the controllably-driven native lumen intromissive tongue is conformed to accept flow from multiple vessels in parallel adjacency such as those encountered in a neonatal heart transplant" has been determined to be functional language and an inherent characteristic of the prior art Goldsmith in view of Cull which possesses the functionally defined limitations of the claimed apparatus (See MPEP 2114-I).
Re Claim 6, Goldsmith teaches a perivascular jacket selectively positionable along and about a tubular anatomical structure for delivering drugs, passing cabled devices into, and diverting a measured portion of the luminal contents and biopsy tissue samples a lumen of said tubular anatomical structure (Goldsmith ¶ 0221, 0618-0622; Claim 1), the perivascular jacket comprising: an outer shell (4) comprising semicylindrical halves joined together along a common edge so as to form a piano-type hinge (14) so that (Goldsmith Figs. 17-18), when opened and placed to encircle the said tubular anatomical structure (2), the semicylindrical halves grip about said tubular anatomical structure as a collar (as seen in Goldsmith Figs. 17 and 18), wherein a cushioning layer (3) configured to protect small nerves and vessels that enter and depart from an outer surface of said tubular anatomical structure lines an internal surface of each of said semicylindrical halves of the outer shell (3) (Goldsmith Figs. 17-18; ¶ 0280), and wherein perforations (19) pass entirely through said outer shell and said cushioning layer are placed to give access to the lumen of said tubular anatomical structure (2) (Goldsmith ¶ 0418, 0675).
Goldsmith further teaches wherein an opening (Goldsmith Figs. 1-3) is defined in the
side of said collar into which a side tube (6) with a trepan front edge can be inserted (Goldsmith
¶ 0620), wherein said side tube (6) is rotatable around and reciprocal along a longitudinal axis
of the side tube (6) thereby facilitating excision of a plug of tissue from a wall of said tubular
anatomical structure so as to form a side opening in the tubular anatomical structure such that a lumen of said side tube will be continuous with the lumen of said tubular anatomical
structure (Goldsmith ¶ 0620), and wherein said side tube (6) is fixable in rotational angle and
depth of penetration into a side of said tubular anatomical structure (Goldsmith ¶ 0622),
wherein a self-locking screw-down cap with internal expansion bushing that fits onto an
external thread at the base of said side tube allows said side tube to be fixed in rotational angle
and depth of insertion into said side opening of the tubular anatomical structure (Goldsmith
Fig. 28; ¶ 0773-0786), and wherein the perivascular jacket comprises a vascular valve (21)
(Goldsmith ¶ 0758-0762).
However, Goldsmith fails to teach the vascular valve comprising a projectable and retractable tongue-shaped diversion chute with an upturned distal end mounted within said side tube on a slideway track and configured to slide reciprocally along the slideway track to selectively positional depths into the lumen of the said tubular anatomical structure so that a column of bodily fluid upstream of the diversion chute is diverted out through said side opening and said side tube so as to provide continued flow through a synthetic tube. Cull teaches a perivascular jacket (80) (Cull Annotated Fig. 3 above) comprising a projectable and retractable tongue-shaped diversion chute (84) with an upturned distal end (84-1) mounted within a side tube (82) on a slideway track and configured to slide reciprocally along the slideway track to selectively positional depths into a lumen of a tubular anatomical structure (12), the projectable and retractable tongue-shaped diversion chute (84) for controlling blood flow in the tubular anatomical structure (12) and the upturned distal end (84-1) for conforming to the cross-section of the lumen of the native vessel (12) (Cull ¶ 0084-0087; Annotated Fig. 3 above).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have had configured the perivascular jacket and valve of Goldsmith to comprise a projectable and retractable tongue-shaped diversion chute with an upturned distal end mounted within said side tube on a slideway track and configured to slide reciprocally along the slideway track to selectively positional depths into the lumen of the said tubular anatomical structure as disclosed by Cull, the projectable and retractable tongue-shaped diversion chute (84) for controlling blood flow in the tubular anatomical structure (12) and the upturned distal end (84-1) for conforming to the cross-section of the lumen of the native vessel (12) (Cull ¶ 0084-0087; Annotated Fig. 3 above). Where Goldsmith’s valve is configured with the teachings of Cull’s valve, said valve would function such that a column of bodily fluid upstream of the diversion chute is diverted out through said side opening and said side tube so as to provide continued flow through a synthetic tube. Furthermore, Cull supports flow through said side tube (82) in its Fig. 4 embodiment (Cull ¶ 0081-0083).
Re Claim 7, Goldsmith in view of Yu teach all of the limitations of Claim 6. Goldsmith further teaches wherein the vascular valve comprises a permanent magnet layer (8) along the internal surface of the semicylindrical halves of said outer shell (4) (Goldsmith ¶ 0084-0085, 0660; Fig. 18); wherein said magnet layer (8) is disposed between said outer shell (4) and said cushioning layer (3) (as seen in Goldsmith Fig. 18), wherein the magnet layer (8) is interrupted to accommodate the opening and closing of said collar and the passing through of said perforations (19) (Goldsmith ¶ 0152), wherein said magnet layer (8) is magnetized to exert an attractive force centrally toward and perpendicular to a longitudinal axis of said collar, making possible the detention and extraction of magnetically susceptible luminal contents (Goldsmith ¶ 0159).
Re Claim 8, Goldsmith in view of Yu teach all of the limitations of Claim 6. Goldsmith further teaches wherein the vascular valve comprises a plurality of electromagnets disposed between said outer shell (4) and said cushioning layer (3) (Goldsmith ¶ 0643), wherein the plurality of electromagnets are interrupted to accommodate the opening and closing of said collar and the passing through of said perforations (19) (Goldsmith ¶ 0426, 0643, 0687), wherein said plurality of electromagnets are selectively energizable to exert an attractive force eccentrically and collectively energizable to exert an attractive force centrally toward and perpendicular to a longitudinal axis of said collar, making possible the detention and extraction of magnetically susceptible luminal contents (Goldsmith ¶ 0159).
Re Claim 9, Goldsmith in view of Yu teach all of the limitations of Claim 6. Goldsmith further teaches wherein the vascular valve comprises a layer of radiation shielding material (12) in concentric relation to a longitudinal axis of said collar (Goldsmith ¶ 0648; Fig. 5), said radiation shield layer (12) interposed between said outer shell (4) and said cushioning layer (3) (as seen in Goldsmith Fig. 5), wherein said radiation shield layer (12) is interrupted to accommodate the opening and closing of said collar, said radiation shield layer (12) serving to allow the passage of low to moderate radiation dose rate radionuclides and radioactive isotopes through said collar and preceding components preceding said collar without causing radiation injury to surrounding tissue (Goldsmith ¶ 0664).
Re Claim 10, Goldsmith in view of Yu teach all of the limitations of Claim 7. Goldsmith further teaches wherein the vascular valve comprises a layer of radiation shielding material (12) in concentric relation to a longitudinal axis of said collar (as seen in Goldsmith Fig. 5), said radiation shield layer (12) situated along the internal surface of said outer shell (4) to surround said magnet layer (8), wherein said radiation shield layer (12) is interrupted to accommodate the opening and closing of said collar, said radiation shield layer (12) serving to allow the passage of low to moderate radiation dose rate radionuclides and radioactive isotopes through said collar and preceding components preceding said collar without causing radiation injury to surrounding tissue (Goldsmith ¶ 0664).
Re Claim 11, Goldsmith in view of Yu teach all of the limitations of Claim 6. Goldsmith further teaches wherein said side tube (6) is entered by a catheteric side tube (11) subsidiary to said side tube (6) (Goldsmith Figs. 17-18), said catheteric side tube (11) allowing the directly targeted delivery of fluid drugs, medical solutions, and tubing maintenance solutions into said side tube (6), collar, and lumen of said tubular anatomical structure (Goldsmith ¶ 0621-0622).
Re Claim 12, Goldsmith in view of Cull teach all of the limitations of Claim 1. Goldsmith teaches an automatic homeostasis stabilizer and ambulatory prosthetic disorder response system comprising a plurality of vascular diversion jackets, as disclosed by Goldsmith in view of Cull above, and further in view of Yu in Claim 1 above, and pumps supplying fluid medicinals to each respective diversion jacket (Goldsmith ¶ 0110, 0723), wherein the pumps are controlled according to a prescription-program by a microcontroller (Goldsmith ¶ 0039) such that: a plurality of physiological parameter sensors comprising subordinate nodes as negative feedback loops implanted at different locations in the body (Goldsmith Claim 6), the subordinate nodes being configured in a hierarchical control system to said microcontroller and configured to send outputs to said microcontroller such that the microcontroller is a master node (Goldsmith ¶ 0177, 0307), wherein each of the outputs represent feedback, wherein, when a respective output signals an out-of-range condition to the microcontroller, the microcontroller is configured to respond by causing a respective pump to index to and release a medication prescribed for the respective subordinate node in a dose proportional to the out-of-range output signal received, wherein, as the master node, the microcontroller governs the discharge of the prescription-program, including dispensing the medication through each subordinate node in a coordinated manner as governed by the prescription-program so that dosing among the subordinate nodes is interrelated to attain the highest possible overall homeostasis such that the system is able to treat comorbid conditions affecting different organ systems in a coordinated manner (Goldsmith ¶ 0324, 0808-0812, 0820-0821).
Re Claim 13, Goldsmith in view of Cull teach all of the limitations of Claim 12. Goldsmith further teaches wherein the automatic homeostasis stabilizer and ambulatory prosthetic disorder response system is radiation shielded so as to make possible direct administration of radioactive drugs or nonradioactive drugs (Goldsmith ¶ 0346, 0810).
Re Claim 14, Goldsmith teaches a perivascular jacket for encircling a native vessel (Goldsmith ¶ 0618-0622), said perivascular jacket having bonded to it a tubular outlet passageway (6) defining a lumen continuous with that of said native vessel (Goldsmith ¶ 0620), wherein said tubular outlet passageway (6) extends perpendicularly from said perivascular jacket such that said perivascular jacket can be positioned selectively at any anatomically available level and rotational angle (Goldsmith ¶ 0531, 0545), and wherein a valve (21) is disposed within the tubular outlet passageway (6) on a slideway track (Goldsmith ¶ 0758-0762 - wherein “links 24 connect to the underside of either respective vane 21 by rotatory joints toward the central outer edge which are able to slide from side to side within an enclosed way”).
However, Goldsmith fails to teach said valve comprising a disk or cone perpendicular to a direction of flow through said native vessel, thereby serving as a local regulator of flow pressure, the disk or cone comprising a controllably-driven native lumen intromissive tongue extending a controllable distance into a lumen of said native vessel; and wherein a distal end of the controllably-driven native lumen intromissive tongue comprises an upturned distal edge that is configured to slide reciprocally along the slideway track to selective positional depths, thereby serving as a valve to draw away or modulate the flow of a volume through said native vessel into said tubular outlet passageway for discharge out of the perivascular jacket through said tubular outlet passageway.
Cull teaches a perivascular jacket (80) (Cull Annotated Fig. 3 above) comprising a disk or cone (wherein piston 84 is a disc) perpendicular to a direction of flow through a native vessel (12), thereby serving as a local regulator of flow pressure, the disk or cone comprising a controllably-driven native lumen intromissive tongue (84) extending a controllable distance into a lumen of said native vessel (12); and wherein a distal end of the controllably-driven native lumen intromissive tongue (84) comprises an upturned distal edge (84-1) that is configured to slide reciprocally along a slideway track (interior of housing 82) to selective positional depths, thereby serving as a valve to draw away or modulate the flow of a volume through said native vessel (12) into a tubular outlet passageway (82) (Cull ¶ 0084-0087), the controllably-driven native lumen intromissive tongue (84) for controlling blood flow in the vessel (12) and the upturned distal edge (84-1) for conforming to the cross-section of the lumen of the native vessel (12) (Cull ¶ 0084-0087; Annotated Fig. 3 above).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have had configured the perivascular jacket and valve of Goldsmith to comprise a disk or cone perpendicular to a direction of flow through said native vessel, thereby serving as a local regulator of flow pressure, the disk or cone comprising a controllably-driven native lumen intromissive tongue extending a controllable distance into a lumen of said native vessel; and wherein a distal end of the controllably-driven native lumen intromissive tongue comprises an upturned distal edge that is configured to slide reciprocally along the slideway track to selective positional depths, thereby serving as a valve to draw away or modulate the flow of a volume through said native vessel into said tubular outlet passageway as disclosed by Cull, the controllably-driven native lumen intromissive tongue for controlling blood flow in the vessel and the upturned distal edge for conforming to the cross-section of the lumen of the native vessel (Cull ¶ 0084-0087; Annotated Fig. 3 above). Where Goldsmith’s valve is configured with the teachings of Cull’s valve, said valve would serve to discharge out of the perivascular jacket through said tubular outlet passageway. Furthermore, Cull supports flow through said tubular outlet passageway (82) in its Fig. 4 embodiment (Cull ¶ 0081-0083).
Re Claim 15, Goldsmith in view of Cull teach all of the limitations of Claim 14. Goldsmith teaches wherein the vascular valve is driven by a servomotor (Goldsmith ¶ 0763) whereas Cull teaches wherein extension and retraction of said disk or cone is driven by a solenoid (Cull ¶ 0086). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have had the disk or cone of Goldsmith in view of Cull such that extension and retraction of said disk or cone is driven by a servomotor configured to provide continuously variable control of the extension and retraction of said disk or cone as disclosed by Goldsmith (Goldsmith ¶ 0763) and Cull (Cull ¶ 0086) for electronic/motorized control of the valve.
Re Claim 16, Goldsmith in view of Cull teach all of the limitations of Claim 14. Goldsmith fails to teach wherein extension and retraction of said disk or cone is driven by a solenoid. Cull teaches wherein extension and retraction of said disk or cone (84) is driven by a solenoid, wherein solenoids provide quick response times during activation, critical when delivering medicaments (Cull ¶ 0086). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have had the disk or cone of Goldsmith in view of Cull be configured such that extension and retraction is driven of said disk or cone be driven by a solenoid as disclosed by Cull, wherein solenoids provide quick response times during activation, critical when delivering medicaments (Cull ¶ 0086).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Goldsmith (USPGPub 2016/0051806) in view of Cull (USPGPub 2018/0085513) above, and further in view of Yu (USPGPub 2017/0165458).
Re Claim 4, Goldsmith in view of Cull teach all of the limitations of Claim 1. Goldsmith in view of Cull fail to teach wherein said distal tip of the controllably-driven native lumen intromissive tongue is distally bifid and bidirectional with both craniad and caudad outlets. Yu teaches wherein said distal tip of the controllably-driven native lumen intromissive tongue (350, 351) is distally bifid and bidirectional with both craniad and caudad outlets for delivering flush fluid upstream or downstream (Yu Figs. 20A-20C). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have configured the controllably-driven native lumen intromissive tongue of Goldsmith in view of Cull to be bifid and bidirectional with both craniad and caudad outlets as disclosed by Yu for delivering flush fluid upstream or downstream (Yu Figs. 20A-20C).
Response to Arguments
Applicant’s arguments filed 02/05/2026 with respect to claim objections and objection to the drawings have been fully considered and are persuasive. Due to clarifying amendment, the claim objections and objection to the drawing are hereinafter withdrawn.
Applicant's arguments filed 02/05/2026 have been fully considered but they are not persuasive. Applicant’s arguments directed to 103 obviousness rejections begin on Page 9 of the response. Applicant’s arguments are not directed to the teachings of primary reference Goldsmith where Goldsmith is applicant’s own prior art. Applicant’s arguments turn to secondary references Cull and Yu on Page 11 of the response. In the last paragraph of Page 11 of the response, applicant argues the semi-circular portion projecting from piston 84 in Cull Fig. 3 does not exist. To better aid applicant in identifying this structure, examiner has included an annotated Fig. 3 of Cull in the obviousness rejections above. At the top of Page 12 of the response, applicant argues secondary reference Cull fails to teach “an obturator is coupled to the distal end of the controllably-driven native lumen intromissive tongue beyond the upturned distal edge.” Examiner has relied upon prior art Cull to teach said limitation, interpreting the bottom surface of the piston 84 as an obturator. Furthermore, the aforementioned limitation requires only that the obturator be “beyond the upturned distal edge.” Examiner is interpreting the term ‘beyond’ broadly to mean either distal or proximal of the upturned distal edge.
In the last full paragraph of Page 12 of the response, applicant argues “a person of skill in the art would not be motivated to further modify the '806 publication, Cull, or Yu to arrive at the claimed perivascular jacket unless they were relying on the benefit of hindsight gained from the Applicant's present application.” In the present case, examiner need not rely on hindsight where the primary reference Goldsmith is applicant’s own prior art. Examiner strongly encourages applicant to contact examiner and schedule an interview as the present case comprises significant issues which need to be discussed.
Applicant’s arguments with respect to Claims 1-16 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Examiner no longer relies upon prior art Yu in the rejection of independent Claims 1, 6 and 14. Therefore, arguments directed to prior art Yu with respect to Claims 1, 6 and 14 are moot.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM R FREHE whose telephone number is (571)272-8225. The examiner can normally be reached 10:30AM-7:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kevin Sirmons can be reached at 571-272-4965. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WILLIAM R FREHE/Examiner, Art Unit 3783 /KEVIN C SIRMONS/Supervisory Patent Examiner, Art Unit 3783