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 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 1-5 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 pre-AIA the applicant regards as the invention.
Regarding claim 1, the claim recites the limitations “The fenestration template device” in line 1. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction is required.
Regarding claim 4, the claim recites the limitations “the stent graft”. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction is required.
Claims 2-3 and 5 are rejected due to being dependent on claim 1.
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 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 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.
Claims 1-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Taylor (US Pub No. 2004/0116997).
Regarding claim 1, Taylor discloses (Figures 1-26) the fenestration template device (Figure 1) for an aortic graft [Not positively recited in the claim and is only functionally recited], comprising: a physical model (10) representing a section of a patient's aorta having one or more branch vessel openings (Figure 4) (Paragraphs 0062-0065 and 0097-0101), the physical model comprising a wall defining a lumen (22) and having one or more openings (openings of 15, 16 and 18) (Figures 1-2) in the wall representing the one or more branch vessel openings of the patient's aorta (Figure 4) (Paragraphs 0062-0065 and 0097-0101).
Regarding claim 2, wherein the physical model is generated using a three- dimensional (3-D) printing technology (Paragraph 0100).
Regarding claim 3, wherein the physical model is generated based at least in part on a 3-D digital model of the patient's aorta (Paragraphs 0097-0100).
Regarding claim 4, wherein the one or more openings in the wall are indicative of locations of one or more fenestrations on the stent graft when the fenestration template device is coupled with the aortic graft [Since Taylor discloses all of the structural elements in the same arrangement as claimed and also, the stent graft is not positively recited in the claim and is only functionally recited, then the template device of Talor is fully capable in being used so that the one or more openings in the wall of the template are indicative of locations of one or more fenestrations on the stent graft when the fenestration template device is coupled with the aortic graft].
Regarding claim 5, wherein the physical model is disposable [Fully capable of being disposed].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAJID JAMIALAHMADI whose telephone number is (571) 270-0172. The examiner can normally be reached on Monday-Friday 7am-5pm EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Darwin Erezo can be reached on (571) 272-4695. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MAJID JAMIALAHMADI/Primary Examiner, Art Unit 3771
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