DETAILED ACTION
The present application is being examined under the pre-AIA first to invent provisions.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 2-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 5 of U.S. Patent No.11,840,779. Although the claims at issue are not identical, they are not patentably distinct from each other because as follows:
Instant Application ‘277
2. (New) A medical implantable occlusion device comprising: a braiding of at least one thread forming a braiding pattern when the braiding is in an expanded state; the braiding pattern comprising a plurality of loops positioned between a center point and a periphery of a distal end of the braiding; each of the plurality of loops having an apex oriented towards the center point of the distal end of the braiding; and ,the braiding pattern further comprising a plurality of crossing strands that extend across the distal end of the braiding.
3. (New) The medical implantable occlusion device according to claim 2, wherein the plurality of loops is concentrically positioned between a center point and a periphery of a distal end of the braiding.
4. (New) The medical implantable occlusion device according to claim 2, wherein the plurality of crossing strands crossing each other at least one location away from said center point, wherein the location away from the said center point is different from the location of the apex points.
5. (New) The medical implantable occlusion device according to claim 4, wherein the location away from the said center point is closer to the location of the apex point.
6 (New) The medical implantable occlusion device according to claim 2, wherein said loop strands comprise at least two groups of pluralities of loop strands, wherein a first group and a second group of said plurality of loop strands have a first and second plurality of apex points respectively, wherein said first and second plurality of loop strands are displaced from said center point such that said first plurality of apex points lies on the periphery of an imaginary circle having a first radius and said second plurality of apex Page 2 of 7 IIPG-1-165622 points lies on the periphery of an imaginary circle having a second radius different from said first radius and said first and second radii are less than a diameter of said distal end.
7. (New) The medical implantable occlusion device according to claim 2, wherein a plurality of loop strands is displaced from said center point by a plurality of center distances.
8. (New) The medical implantable occlusion device according to claim 2, wherein said distal end has a circular disc shape, or bulbous shape.
9. (New) The medical implantable occlusion device according to claim 2, wherein the ratio between the amount of said crossing strands and said loop strands is set to a defined value.
10. (New) The medical implantable occlusion device according to claim 2, comprising: a proximal end comprising a fixation, wherein said distal end comprising loops formed by loop strands, wherein said occlusion device comprises a through going hole between said distal and proximal end through said device, and the through going hole at the proximal end is closed.
11. (New) The medical implantable occlusion device according to claim 10, wherein said through going hole is closed by at least one membrane at said distal end.
12. (New) The medical implantable device according to claim 10, wherein said through going hole between said distal and proximal end through said device forms a center axis between said proximal and distal end.
13. (New) The medical implantable device according to claim 10, wherein said loop strands are formed such that the strands cross each other.
14. (New) The medical implantable occlusion device according to claim 10, wherein at least two crossing strands cross each other at said distal end at a region close to said center point of said distal end but not across said center point.
15. (New) The medical implantable occlusion device according to claim 2, wherein the medical implantable occlusion device is an atrial septal defect (ASD) occlusion device, or a ventricular septal defect (VSD) occlusion device, an arterial venous fistula (AVF) occlusion device, a patent foramen ovale (PFO) occlusion device, a para-valvular leak (PVL) occlusion device, or an atrial venous malformation (AVM) occlusion device.
16. (New) The medical implantable occlusion device according to claim 2: the braiding of the at least one thread forming the distal end and a proximal end; in an expanded state, the distal end comprising 1) a distal periphery and a distal center point, and 2) thread segments of the at least one thread having a curved shape with an apex located between the periphery of the distal end and the center point of the distal end so as to form a plurality of first loops; and, an opening through the distal end and the proximal end, wherein the opening through the distal end is open and has a cover or a membrane and the opening through the proximal end is closed.
17. (New) A medical implantable occlusion device comprising: a braiding having a compressed state and an expanded state; the braiding forming a plurality of loops displaced relative to a center point of a distal end of the braiding in the expanded state; each of the plurality of loops having an apex oriented towards the center point of the distal end of the braiding; and, the braiding further comprising a plurality of crossing strands that extend across the distal end of the braiding.
18. (New) The medical implantable occlusion device according to claim 17, wherein the plurality of loops is concentrically displaced relative to a center point of a distal end of the braiding in the expanded state.
19. (New) The medical implantable occlusion device according to claim 17, wherein in the expanded state, the distal end has a circular disc shape, or a bulbous shape, and/or the proximal end has a circular disc shape, or a bulbous shape.
20. (New) A medical implantable occlusion device comprising :a braiding having a compressed state and an expanded state; in the expanded state, a distal end of the braiding comprising:1) a crossing pattern in which a plurality of crossing strands cross over each other and extend across the distal end of the braiding, and2) a plurality of loops positioned around the crossing pattern where each of the loops has an apex oriented towards a center point of the distal end of the braiding.
US Patent ‘779
1. A medical implantable occlusion device comprising: a braiding of at least one thread forming a first end and a second end; in an expanded state, the first end comprising 1) a first periphery and a first center, and 2) thread segments of the at least one thread having a curved shape with an apex located between the periphery of the first end and the center of the first end so as to form a plurality of first loops; and, an opening through the first end and the second end.
2. The medical implantable device according to claim 1, wherein the opening through the first end and the second end extends along a center axis between a proximal end and a distal end of the medical implantable occlusion device.
3. The medical implantable device according to claim 1, wherein in the expanded state, the first end has a circular disc shape, a spherical shape, or an elongated state.
4. The medical implantable device according to claim 1, wherein the thread segments, in the expanded state, cross each other.
5. The medical implantable occlusion device according to claim 1, wherein the first end comprises at least two groups of thread segments, wherein apices of the first group of thread segments are located about a first radius from the center, and wherein apices of a second group of thread segments are located about a second radius from the center.
6. The medical implantable occlusion device according to claim 1, further comprising at least one center thread segment, wherein the at least one center thread segment crosses the first end near but not across the first center of the first end.
7. The medical implantable occlusion device according to claim 1, wherein in the expanded state, the second end comprises 1) a second periphery and a second center, and 2) thread segments of the at least one thread having a curved shape with an apex located between the periphery of the second end and the center of the second end so as to form a plurality of second loops.
8. The medical implantable occlusion device according to claim 7, wherein in the expanded state, the second end has a circular disc shape, a spherical shape, or an elongated state.
9. The medical implantable occlusion device according to claim 7, wherein the first end is a distal end and the second end is a proximal end.
10. The medical implantable occlusion device according to claim 7, wherein the second end comprises at least two groups of thread segments; wherein apices of some of the thread segments are located about a first radius from the center; and wherein apices of some of the thread segments are located about a second radius from the center.
11. The medical implantable occlusion device according to claim 7, wherein the plurality of first loops are U-shapes, elliptical, half circle, or W shaped
Conflicting claims 2, 17 and 20 of pending application having a medical implantable occlusion device comprising: a braiding of at least one thread forming a braiding pattern when the braiding is in an expanded state; the braiding pattern comprising a plurality of loops positioned between a center point and a periphery of a distal end of the braiding; each of the plurality of loops having an apex oriented towards the center point of the distal end of the braiding; and , the braiding pattern further comprising a plurality of crossing strands that extend across the distal end of the braiding is substantially similar to claims 1, 5 of US Patent ‘779 having a medical implantable occlusion device comprising: a braiding of at least one thread forming a first end and a second end; in an expanded state, the first end comprising 1) a first periphery and a first center, and 2) thread segments of the at least one thread having a curved shape with an apex located between the periphery of the first end and the center of the first end so as to form a plurality of first loops; and, an opening through the first end and the second end and wherein the first end comprises at least two groups of thread segments, wherein apices of the first group of thread segments are located about a first radius from the center, and wherein apices of a second group of thread
segments are located about a second radius from the center such that the first and second group of threads located about first and second radius formed by braiding, respectively are inherently crossed as the strands braided in pending application ‘277.
Allowable Subject Matter
Claims 2-20 would be allowable if rewritten or amended to overcome nonstatutory double patenting rejection as set forth in this Office action.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Each of the prior art references cited on PTO-892 discloses a braided implantable stent/occlusion device having a distal end.
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February 24, 2026 /TAJASH D PATEL/ Primary Examiner,
Art Unit 3732