earNotice 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 .
Election/Restrictions
Applicant’s election without traverse of Species A in the reply filed on 7/26/24 is acknowledged.
Claims 14-25,28-43 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 7/26/24.
Response to Arguments
Applicant's arguments filed 8/13/2025 have been fully considered but they are not persuasive. Applicant argues Quinn fails to provide the claimed inner core and arms, wherein an arm is configured to rotate relative to another arm about the core. Applicant compares Figure 2 of Quinn and Figure 22A, and notes the arms of Applicant’s Figure 22A are free at one end. Examiner is not persuaded because the claims, as broadly defined, are silent as to the ends of the arms being fixed or free. Further Applicant has not provided arguments or evidence to suggest the arms of Quinn are not rotatable as claimed. Examiner maintains arms 38 are inherently rotatable as claimed since they are at least resiliently deformable (paragraph 0196).
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.
Claim(s) 1-10,13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Quinn (US Patent Publication 2006/0178700.
Regarding claim 1 Quinn discloses in Figures 2-9 a device (10) for assisting with the function of a tricuspid valve (Paragraph [0002]) comprising an inner core/shaft (28), a flow optimizer (20) comprising a frame with a plurality of radially and distally extending arms (22), a covering on the arms (34), and an anchoring mechanism with resilient arms extending radially away from the shaft and capable of rotation (38) and locking. (Paragraph 0196)
Regarding claim 2 Quinn further discloses the covering is capable of collapse (Paragraph [0205]).
Regarding claims 3 Quinn further discloses the frame has a conical shape (Figure 2).
Regarding claim 4,5,6 Quinn further discloses a plurality of layers (Paragraph [0208]).
Quinn further discloses the anchoring arms are fully rotatable (Paragraph [0072]).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM H MATTHEWS whose telephone number is (571)272-4753. The examiner can normally be reached Monday-Friday (9-5).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jerrah Edwards can be reached on 408-918-7557. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/WILLIAM H MATTHEWS/Primary Examiner, Art Unit 3774