DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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.
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 1-20 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 1 recites “the proximal expandable member comprises a proximal everted end and the distal expandable member comprises a distal everted end, and wherein expansion of the proximal and distal expandable members causes the proximal everted end and the distal everted end to move toward one another”. It is unclear how the proximal end of the proximal member moves towards the distal end of the distal member as these ends are on opposite sides of one another and would move away from one another if everted. Appropriate correction is required. Since the scope of the claim is so unclear, no prior art could be applied.
Claim 2 recites “the two expandable members” however there are three expandable members claimed (proximal, distal and second) so it is unclear which 2 are being referred to. Appropriate correction is required.
Claim 5 recites the limitation "the proximal everted end of the distal expandable member" in line 3. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction is required.
Claim 6 recites the limitation "the distal everted end of the proximal expandable member" in line 4. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction is required.
Claim 12 recites the limitation “its proximal and distal ends” which is unclear which structure “its” is referring to. Appropriate correction is required.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Gurm et al. (US 20060025843 A1) teaches of a system for treating a bifurcated vessel with proximal and distal balloons that appear to have an everted shape and a gap therebetween. Gurm however doesn’t teach the balloon ends evert upon expansion to move towards one another.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATHERINE H MENDEZ whose telephone number is (571)272-9503. The examiner can normally be reached Monday - Friday 8 am-4:00 pm.
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/KATHERINE H MENDEZ/Primary Examiner, Art Unit 3771
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