Office Action Predictor
Application No. 17/571,125

SPACE FILLING DEVICES

Non-Final OA §102§103§112
Filed
Jan 07, 2022
Examiner
MCGINNITY, JAMES RYAN
Art Unit
3771
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
W. L. Gore & Associates, INC.
OA Round
4 (Non-Final)
53%
Grant Probability
Moderate
4-5
OA Rounds
3y 3m
To Grant
99%
With Interview

Examiner Intelligence

53%
Career Allow Rate
47 granted / 88 resolved
Without
With
+48.1%
Interview Lift
avg trend
3y 3m
Avg Prosecution
55 pending
143
Total Applications
career history

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
46.6%
+6.6% vs TC avg
§102
29.8%
-10.2% vs TC avg
§112
19.3%
-20.7% vs TC avg
Black line = Tech Center average estimate • Based on career data

Office Action

§102 §103 §112
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 July 17th, 2025, has been entered. Response to Amendment The claims filed on July 17th, 2025, have been entered. Claims 1-7, 10-19, 22-30, and 35-37 remain pending in the Application. Claim 37 has been added by the Applicant. The claim amendments overcome the previous claim objection, the 112(b) rejections, and some of the 112(a) rejections. Response to Arguments Applicant's arguments filed July 17th, 2025, have been fully considered but they are not persuasive. Regarding the 112(a) rejection of claims 26 and 29, Applicant argues that the features of these claims are disclosed at least in FIGs. 47A-49. Examiner respectfully disagrees. As pointed out in the Final Rejection dated May 20th, 2025, the features at issue are that “the one or more first portion elongate members, the central hub, the second portion, and the second central hub are unitary” in claim 26 and “the occlusion frame, the anchor frame, the first hub component, and the second hub component are unitary and of one-piece” in claim 29 because some limitations of the claims are only found in embodiments shown in FIG. 22A, such as having a single hub, but also includes limitations from FIG. 1, such as having multiple hubs or hub components. While Applicant points to FIGs. 47A-49A to state that there are other embodiments which provide the limitations of claims 26 and 29, Examiner would point out that in [00217] states that the hub of the first portion 932 is interlocked with the hub of the second portion 934 in FIG. 47A, which means they are not unitary or of one-piece. Neither [00218], which describes FIG. 48, nor [00219], which describes FIG. 49, disclose any differences with FIG. 47A which would support a determination that these figures demonstrate the claimed embodiment. Therefore, the argument is not persuasive. Applicant argues that Erzberger et al. (Pub. No. 2013/0218192) does not disclose the plurality of elongate frame members extend from both the first hub and the second hub when the first hub is 16, the second hub is 18, and the plurality of elongate frame members is 22. Examiner respectfully disagrees. In FIG. 1 of Erzberger et al., the wire loops 22 connect the proximal post 16 with the proximal post 18, as described in [0015]. Therefore, the argument is not persuasive. Applicant further argues that the modification of Erzberger et al. in view of Kornblau et al. (Pub. No. 2014/0371786) to have the plurality of elongate members each comprise a portion of a tube because multiple frame members 22 of Erzberger et al. begin on the first hub 16 at different longitudinal positions but at a common circumferential position, and using the cut-tube embodiment of Kornblau et al. would not be possible with these arrangements. Examiner respectfully disagrees. In Erzberger et al. [0015] and FIG. 1, the different longitudinal positions of 22 are not done for a disclosed advantage, but rather due to the necessity of passing the wire loops through holes in the proximal post 16 and the intermediate post 18. By adopting the cut-tube embodiment of Kornblau et al., both the posts 16 and 18, and the wire loops 22, would be portions of the cut tube, and the need to pass 22 through 16 and 18 would be removed, as 22 would extend from 16 and 18 as a unitary structure. Therefore, the argument is not persuasive. Claim Rejections - 35 USC § 112 The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112: The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention. Claims 26-30 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Regarding claim 26, a similar amendment “wherein the one or more first portion elongate members, the central hub, the second portion, and the second central hub are unitary” adds a limitation found in the embodiment of FIG. 22A with a single hub, but the claim includes limitations found in FIG. 1, such as having two central hubs. Claims 27-28 are rejected for their dependency on claim 26. Regarding claim 29, a similar amendment “wherein the occlusion frame, the anchor frame, the first hub component, and the second hub component” adds a limitation found in the embodiment of FIG. 22A with a single hub, but the claim includes limitations found in FIG. 1, such as having two hub components. Claim 30 is rejected for their dependency on claim 29. Claim Rejections - 35 USC § 102 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claim(s) 25 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Erzberger et al. (Pub. No. 2013/0218192). Regarding claim 25, Erzberger et al. discloses an occlusive device ([0014] LAA device 10; FIG. 1), comprising: a covering component ([0019] single sail 66) configured to modulate passage of blood or thrombus through the covering component ([0019] 66 is used to occlude the LAA, with a cut 64 preventing complete occlusion); an occlusion frame ([0014] cap framework 12; FIG. 1) comprising a plurality of elongate frame members ([0015] wire loop 22; FIG. 1) arranged to form a generally disc-shaped member when the occlusion frame assumes an expanded configuration (FIG. 1: 12 has a generally disc-shape), each of the elongate frame members forming a generally disc-shaped member ([0019] 70 and 72, which is the equivalent of 22, form a general disc-shape; FIG. 3), wherein adjacent petals of the generally disc-shaped member at least partially overlap one another ([0019] the petals of 70 and 72 partially overlap adjacent petals; FIG. 3), and wherein the occlusion frame is at least partially covered by the covering component ([0019] 66 partially covers 12); an anchor frame ([0014] bulb framework 14; FIG. 1) comprising first and second anchor arms ([0016] wire loops 24; FIG. 1), wherein the first and second anchor arms are configured to anchor the occlusive device at an implant location ([0017] 14 is used to anchor the device in the implant location, such as using barbs 52; FIG. 2), the first anchor arm being oriented opposite the second anchor arm (FIG. 2: some 24 are on the opposite side of other 24); a first hub component from which the plurality of elongate frame members extend ([0015] proximal post 16; FIG. 1), the first hub component disposed between the occlusion frame and the anchor frame (FIG. 1: 16 is between at least a portion of 12 and 14); a second hub component ([0015] intermediate post 18; FIG. 1) from which the plurality of elongate frame members extend (FIG. 1: 22 extend from 18), the second hub component disposed between the occlusion frame and the anchor frame (FIG. 1: 18 is between 12 and 14); and a flexible connecting member ([0023] a single flexible wire 22 connects 16 and 18; FIG. 1) comprising first and second end portions, wherein the first end portion is attached to the first hub component (FIG. 1: 22 has a first end connected to 16), and the second end portion is attached to the second hub component (FIG. 1: 22 has a second end connected to 18), wherein the plurality of elongate frame members terminate at the first and second hub components (FIG. 1: 22 has a first end terminating at 16, and a second end terminating at 18). Claim Rejections - 35 USC § 103 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claim(s) 1-5, 10-17, 22-24, 26-27, 29, and 35-37 is/are rejected under 35 U.S.C. 103 as being unpatentable over Erzberger et al. in view of Kornblau et al. (Pub. No. 2014/0371786). Regarding claim 1, Erzberger et al. discloses an occlusive device ([0014] LAA device 10; FIG. 1), comprising: a covering component ([0019] single sail 66) configured to modulate passage of blood or thrombus through the covering component ([0019] 66 is used to occlude the LAA, with a cut 64 preventing complete occlusion); an occlusion frame ([0014] cap framework 12; FIG. 1) comprising a plurality of elongate frame members ([0015] wire loop 22; FIG. 1), each of which comprise a portion of a tube (FIG. 1: 22 form a portion of the tubular 10), the plurality of elongate frame members arranged to form a generally disc-shaped member when the occlusion frame assumes an expanded configuration (FIG. 1: 12 has a generally disc-shape), each of the elongate frame members forming a petal of the generally disc-shaped member ([0019] 70 and 72, which is the equivalent of 22, form petals; FIG. 3), wherein adjacent petals of the generally disc-shaped member at least partially overlap one another ([0019] the petals of 70 and 72 partially overlap adjacent petals; FIG. 3), and wherein the occlusion frame is at least partially covered by the covering component ([0019] 66 partially covers 12); an anchor frame ([0014] bulb framework 14; FIG. 1) comprising a plurality of anchor members ([0016] wire loop 24; FIG. 1) configured to anchor the occlusive device at an implant location ([0017] 14 is used to anchor the device in the implant location, such as using barbs 52; FIG. 2); a first hub component from which the plurality of elongate frame members extend ([0015] proximal post 16; FIG. 1), the first hub component disposed between the occlusion frame and the anchor frame (FIG. 1: 16 is between 12 and 14); a second hub component ([0015] intermediate post 18; FIG. 1) from which the plurality of elongate frame members extend (FIG. 1: 22 extend from 18), the second hub component disposed between the occlusion frame and the anchor frame (FIG. 1: 18 is between 12 and 14); and a connecting member that connects the first hub component to the second hub component (as discussed above, this limitation is being examined under 112(f), and will be satisfied with any nitinol wire which connecting the hub components; [0023] a single nitinol wire 22 connects 16 and 18; FIG. 1). Erzberger et al. does not disclose the first hub component and the plurality of elongate frame members are of one material and seamless, and the second hub component and the plurality of elongate frame members are of one material and seamless. Kornblau et al. teaches in the same field of endeavor of occlusive anchor devices ([0008]), and discloses an anchor device (1; [0029]; FIGs. 1A-1B) comprising a first hub component (Annotated FIG. 1B below), a second hub component (Annotated FIG. 1B), and a plurality of elongate frame members (Annotated FIG. 1B), where the first hub component, the second hub component, and the plurality of elongate frame members are all made of a single cut tube ([0027]), for the purpose of achieving the benefits of wire-based anchors while reducing manufacturing costs ([0006]). PNG media_image1.png 354 340 media_image1.png Greyscale It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the first hub component, the second hub component, and the plurality of elongate frame members of Erzberger et al. to be made of a single cut tube instead of wire loops (Erzberger et al. [0015]), as taught by Kornblau et al., for the purpose of achieving the benefits of wire-based anchors while reducing manufacturing costs. Regarding claim 2, Erzberger et al. further discloses each anchor member of the plurality of anchor members comprises a wire ([0015] 24 are wires). Regarding claim 3, Erzberger et al. further discloses each anchor member of the plurality of anchor members comprises a portion of the tube (FIG. 1: 24 also help form the overall tubular structure of 10). Regarding claim 4, Erzberger et al. further discloses each anchor member of the plurality of anchor members comprises a portion of a second tube (FIG. 1: 24 also help form the overall tubular structure of 10, as a second distal tube). Regarding claim 5, Erzberger et al. further discloses the connecting member comprises one or more nitinol wires ([0015] 22 are nitinol wires). Regarding claim 10, Erzberger et al. further discloses each of the anchor members includes a first portion that extends generally radially from the second hub component (FIG. 1: 24 extends radially outward from 18), and a second portion that extends from the first portion in a generally proximal direction (FIG. 2: 52 extends from 24 and in a generally proximal direction). Regarding claim 11, Erzberger et al. further discloses the connecting member is flexible ([0023] 22 is made of a flexible wire) and includes a first end portion that is attached to the first hub component (FIG. 1: 22 has a first end connected to 16) and a second end portion that is attached to the second hub component (FIG. 1: 22 has a second end connected to 18). Regarding claim 12, Erzberger et al. further discloses the tube comprises nitinol ([0014] both frameworks are made of nitinol, so the tube is made of nitinol). Regarding claim 13, Erzberger et al. discloses an occlusive device ([0014] LAA device 10; FIG. 1), comprising: a covering component ([0019] single sail 66) configured to modulate passage of blood or thrombus through the covering component ([0019] 66 is used to occlude the LAA, with a cut 64 preventing complete occlusion); an occlusion frame ([0014] cap framework 12; FIG. 1) comprising a plurality of elongate frame members ([0015] wire loop 22; FIG. 1), the plurality of elongate frame members arranged to form a generally disc-shaped member when the occlusion frame assumes an expanded configuration (FIG. 1: 12 has a generally disc-shape), each of the elongate frame members forming a petal of the generally disc-shaped member ([0019] 70 and 72, which is the equivalent of 22, form petals; FIG. 3), wherein adjacent petals of the generally disc-shaped member at least partially overlap one another ([0019] the petals of 70 and 72 partially overlap adjacent petals; FIG. 3), and wherein the occlusion frame is at least partially covered by the covering component ([0019] 66 partially covers 12); an anchor frame ([0014] bulb framework 14; FIG. 1) comprising a plurality of anchor members ([0016] wire loop 24; FIG. 1), each of which comprise a portion of a tube (FIG. 1: 24 help form the overall tubular structure of 10), wherein the plurality of anchor members are configured to anchor the occlusive device at an implant location ([0017] 14 is used to anchor the device in the implant location, such as using barbs 52; FIG. 2); a first hub component ([0015] proximal post 16; FIG. 1) from which the plurality of elongate frame members extend (FIG. 1: 22 extend from 16), the first hub component disposed between the occlusion frame and the anchor frame (FIG. 1: 16 is between 12 and 14); a second hub component ([0015] intermediate post 18; FIG. 1) from which the plurality of elongate frame members extend (FIG. 1: 22 extend from 18), the second hub component disposed between the occlusion frame and the anchor frame (FIG. 1: 18 is between 12 and 14); and a connecting member that connects the first hub component to the second hub component (as discussed above, this limitation is being examined under 112(f), and will be satisfied with any nitinol wire which helps connect the hub components; [0023] a single wire 22 connects 16 and 18; FIG. 1). Erzberger et al. does not disclose the first hub component and the second hub component are parts of a single cylindrical tube prior to cutting to define the plurality of elongate frame members. Kornblau et al. teaches in the same field of endeavor of occlusive anchor devices ([0008]), and discloses an anchor device (1; [0029]; FIGs. 1A-1B) comprising a first hub component (Annotated FIG. 1B below) and a second hub component (Annotated FIG. 1B), where the first hub component and the second hub component are made of a single cut tube prior to cutting to define the plurality of elongate frame members ([0027] 1 is a cut metal tube, where cuts made in an expandable metal tube create the plurality of elongate frame members), for the purpose of achieving the benefits of wire-based anchors while reducing manufacturing costs ([0006]). PNG media_image1.png 354 340 media_image1.png Greyscale It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the first hub component and the second hub component of Erzberger et al. to be made of a single cut tube instead of separate components connected by wire loops (Erzberger et al. [0015]), as taught by Kornblau et al., for the purpose of achieving the benefits of wire-based anchors while reducing manufacturing costs. Regarding claim 14, Erzberger et al. further discloses each elongate frame member of the plurality of elongate frame members comprises a wire ([0015] 22 are wires). Regarding claim 15, Erzberger et al. further discloses each anchor member of the plurality of anchor members comprises a portion of the tube (FIG. 1: 22 form a portion of the tubular 10). Regarding claim 16, Erzberger et al. further discloses each anchor member of the plurality of anchor members comprises a portion of a second tube (FIG. 1: 22 also help form the overall tubular structure of 10, as a second proximal tube). Regarding claim 17, Erzberger et al. further discloses the connecting member comprises one or more nitinol wires ([0015] 22 are nitinol wires). Regarding claim 22, Erzberger et al. further discloses each of the anchor members includes a first portion that extends generally radially from the second hub component (FIG. 1: 24 extends radially outward from 18), and a second portion that extends from the first portion in a generally proximal direction (FIG. 2: 52 extends from 24 and in a generally proximal direction). Regarding claim 23, Erzberger et al. further discloses the connecting member is flexible ([0023] 22 is made of a flexible wire) and includes a first end portion that is attached to the first hub component (FIG. 1: 22 has a first end connected to 16) and a second end portion that is attached to the second hub component (FIG. 1: 22 has a second end connected to 18). Regarding claim 24, Erzberger et al. further discloses the tube comprises nitinol ([0014] both frameworks are made of nitinol, so the tube is made of nitinol). Regarding claim 26, Erzberger et al. discloses an occlusive device ([0014] LAA device 10; FIG. 1) comprising: a first portion ([0014] cap framework 12; FIG. 1) comprising one or more first portion elongate members ([0015] wire loop 22; FIG. 1) that are configured to form a first shape (FIG. 1: 12 forms a disc-shape), a first central hub from which at least some of the one or more first portion elongate members extend ([0015] proximal post 16; FIG. 1); a second portion ([0014] bulb framework 14; FIG. 1) comprising one or more second portion elongate members ([0016] wire loop 24; FIG. 1) that are configured to form a second shape (FIG. 1: 14 forms a puck-shape); a second central hub from which at least some of the one or more second portion elongate members extend ([0015] intermediate post 18; FIG. 1), wherein the second central hub is configured to be interlocked with the first central hub ([0023] a single wire 22 connects 16 and 18; FIG. 1); and a covering component ([0019] single sail 66) on the first portion (FIG. 3: 66 is on 12), wherein the covering component is configured to modulate passage of body materials through the covering component ([0019] 66 is used to occlude the LAA, with a cut 64 preventing complete occlusion). Erzberger et al. does not disclose the one or more first portion elongate members, the first central hub, the second portion, and the second central hub are unitary and are defined from a cut tube. Kornblau et al. teaches in the same field of endeavor of occlusive anchor devices ([0008]), and discloses an anchor device (1; [0029]; FIGs. 1A-1B) comprising a first central hub (Annotated FIG. 1B below), a second central hub (Annotated FIG. 1B), a first portion (Annotated FIG. 1B), and one or more first portion elongate members (Annotated FIG. 1B), where the first central hub, the second central hub, the first portion, and the one or more elongate members are all made of a single cut tube ([0027] 1 is an expandable metal tube that has been cut to create the elongate members between multiple hubs) for the purpose of achieving the benefits of wire-based anchors while reducing manufacturing costs ([0006]). PNG media_image2.png 354 340 media_image2.png Greyscale It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the first central hub, the second central hub, the first portion, and the one or more elongate members of Erzberger et al. to be made of a single cut tube instead of wire loops (Erzberger et al. [0015]), as taught by Kornblau et al., for the purpose of achieving the benefits of wire-based anchors while reducing manufacturing costs. While this modification does not explicitly disclose the second portion is also made of a single cut tube, one or ordinary skill in the art would find making the cut tube with three hubs (adding an intermediate hub between the first central hub and the second central hub) obvious since [0041] of Kornblau et al. discloses having an intermediate section. Adding the intermediate hub would therefore create a second portion which is also unitary with the first central hub, the second central hub, and the one or more elongate members. Regarding claim 27, Erzberger et al. further discloses the first shape is a disc shape (FIG. 1: 12 forms a disc-shape). Regarding claim 29, Erzberger et al. discloses an occlusive device ([0014] LAA device 10; FIG. 1), comprising: a covering component ([0019] single sail 66) configured to modulate passage of blood or thrombus through the covering component ([0019] 66 is used to occlude the LAA, with a cut 64 preventing complete occlusion); an occlusion frame ([0014] cap framework 12; FIG. 1) comprising a plurality of elongate occlusion frame members ([0015] wire loop 22; FIG. 1), each of which comprise a portion of a tube (FIG. 1: 22 form a portion of the tubular 10), the plurality of elongate frame members arranged to form an interconnected occlusion structure ([0014-15] 22 form the interconnected structure 12), the interconnected occlusion structure comprising a generally disc-shaped member when the occlusion frame assumes an expanded configuration (FIG. 1: 12 has a generally disc-shape), and wherein the occlusion frame is at least partially covered by the covering component ([0019] 66 partially covers 12); an anchor frame ([0014] bulb framework 14; FIG. 1) comprising a plurality of anchor members ([0016] wire loop 24; FIG. 1), each of which comprise a portion of the tube (FIG. 1: 24 help to form the general tube shape of 10), the anchor frame configured to anchor the occlusive device at an implant location ([0017] 14 is used to anchor the device in the implant location, such as using barbs 52; FIG. 2), the elongate anchor frame members arranged to form an interconnected anchor structure (FIG. 1: 24 come together to form 14), the interconnected anchor structure comprising a generally cylindrical member when the anchor frame assumes an expanded configuration (FIG. 2: 14 is a generally cylindrical member in the expanded deployment configuration); a first hub component from which at least some of the plurality of elongate frame members extend ([0015] proximal post 16; FIG. 1), the first hub component disposed between the occlusion frame and the anchor frame (FIG. 1: 16 is between 12 and 14); a second hub component from which at least some of the plurality of elongate occlusion frame members extend, and from which at least some of the elongate anchor frame members extend ([0015] intermediate post 18, which has both 22 and 24 extending from 18; FIG. 1), the second hub component disposed between the occlusion frame and the anchor frame (FIG. 1: 18 is between 12 and 14). Erzberger et al. does not disclose the occlusion frame, the anchor frame, the first hub component, and the second hub component are unitary and of one-piece. Kornblau et al. teaches in the same field of endeavor of occlusive anchor devices ([0008]), and discloses an anchor device (1; [0029]; FIGs. 1A-1B) comprising a first hub component (Annotated FIG. 1B below), a second hub component (Annotated FIG. 1B), and an occlusion frame (Annotated FIG. 1B), where the first hub component, the second hub component, and the occlusion frame are all made of a single cut tube ([0027]) for the purpose of achieving the benefits of wire-based anchors while reducing manufacturing costs ([0006]). PNG media_image3.png 354 366 media_image3.png Greyscale It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the first hub component, the second hub component, and the occlusion frame of Erzberger et al. to be made of a single cut tube instead of wire loops (Erzberger et al. [0015]), as taught by Kornblau et al., for the purpose of achieving the benefits of wire-based anchors while reducing manufacturing costs. While this modification does not explicitly disclose the anchor frame is also made of a single cut tube, one or ordinary skill in the art would find making the cut tube with three hubs (adding an intermediate hub between the first central hub and the second central hub) obvious since [0041] of Kornblau et al. discloses having an intermediate section. Adding the intermediate hub would therefore create the anchor frame, which is unitary and of one-piece with the first hub component, the second hub component, and the occlusion frame. Regarding claim 35, Erzberger et al. further discloses the first and second hub components are cylindrical tubes (FIG. 1: 16 and 18 are cylindrical tubes). Regarding claim 36, Erzberger et al. further discloses the plurality of elongate frame members terminate at the first and second hub components (FIG. 1: 22 has a first end terminating at 16, and a second end terminating at 18). Regarding claim 37, Erzberger et al. further discloses the anchor members include portions directed in a proximal direction toward the generally disc-shaped member (FIG. 1: the anchor members 24 extend proximally towards 12 from the distal post 20 to the intermediate post 18). Claim(s) 6-7, 18-19, 28, and 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Erzberger et al. in view of Kornblau et al., and in further view of Heipl et al. (Pub. No. 2014/0296909). Regarding claim 6, Erzberger et al. as modified by Kornblau et al. discloses the invention as claimed in claim 1, as discussed above. Erzberger et al. is silent regarding the first hub component, the second hub component, and the connecting member being covered by the covering component. Heipl et al. teaches in the same field of endeavor of LAA occluders ([0002]), and discloses a device ( [0105]) with an outer membrane ([0105] the implant can be covered with a PTFE non-fibrous film membrane) which covers the entire outside of the device ([0105] the membrane can cover the entire expanded diameter of the implant) for the purpose of improving occlusion and rapid endothelialization through greater overall coverage ([0105]). It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the covering component of Erzberger et al. to cover the entire device, including the hub components and connecting member, as taught by Heipl et al., for the purpose of improving occlusion and rapid endothelialization through greater overall coverage. Regarding claim 7, Erzberger et al. as modified by Kornblau et al. discloses the invention as claimed in claim 1, as discussed above. Erzberger et al. is silent regarding the anchor frame is at least partially covered by the covering component. Heipl et al. teaches in the same field of endeavor of LAA occluders ([0002]), and discloses a device ([0105]) with an outer membrane ([0105] the implant can be covered with a PTFE non-fibrous film membrane) which covers the entire outside of the device ([0105] the membrane can cover the entire expanded diameter of the implant) for the purpose of improving occlusion and rapid endothelialization through greater overall coverage ([0105]). It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the covering component of Erzberger et al. to cover the entire device, including the anchor frame, as taught by Heipl et al., for the purpose of improving occlusion and rapid endothelialization through greater overall coverage. Regarding claim 18, Erzberger et al. as modified by Kornblau et al. discloses the invention as claimed in claim 13, as discussed above. Erzberger et al. is silent regarding the first hub component, the second hub component, and the connecting member being covered by the covering component. Heipl et al. teaches in the same field of endeavor of LAA occluders ([0002]), and discloses a device ([0105]) with an outer membrane ([0105] the implant can be covered with a PTFE non-fibrous film membrane) which covers the entire outside of the device ([0105] the membrane can cover the entire expanded diameter of the implant) for the purpose of improving occlusion and rapid endothelialization through greater overall coverage ([0105]). It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the covering component of Erzberger et al. to cover the entire device, including the hub components and connecting member, as taught by Heipl et al., for the purpose of improving occlusion and rapid endothelialization through greater overall coverage. Regarding claim 19, Erzberger et al. as modified by Kornblau et al. discloses the invention as claimed in claim 13, as discussed above. Erzberger et al. is silent regarding the anchor frame is at least partially covered by the covering component. Heipl et al. teaches in the same field of endeavor of LAA occluders ([0002]), and discloses a device ([0105]) with an outer membrane ([0105] the implant can be covered with a PTFE non-fibrous film membrane) which covers the entire outside of the device ([0105] the membrane can cover the entire expanded diameter of the implant) for the purpose of improving occlusion and rapid endothelialization through greater overall coverage ([0105]). It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the covering component of Erzberger et al. to cover the entire device, including the anchor frame, as taught by Heipl et al., for the purpose of improving occlusion and rapid endothelialization through greater overall coverage. Regarding claim 28, Erzberger et al. as modified by Kornblau et al. discloses the invention as claimed in claim 26, as discussed above. Erzberger et al. is silent regarding the covering component comprises ePTFE or PTFE, though Erzberger et al. discloses the covering component can be any polymer fabric of the type known and used in implantable medical devices ([0019]). Heipl et al. teaches in the same field of endeavor of LAA occluders ([0002]), and discloses a device ([0105]) with an outer membrane ([0105] the implant can be covered with a PTFE non-fibrous film membrane) which covers the entire outside of the device ([0105] the membrane can cover the entire expanded diameter of the implant) for the purpose of improving occlusion and rapid endothelialization through greater overall coverage ([0105]).It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the covering component of Erzberger et al. to be made of PTFE, as taught by Heipl et al., for the purpose of being a polymer fabric well-known in the art to be used in implantable medical devices. Regarding claim 30, Erzberger et al. as modified by Kornblau et al. discloses the invention as claimed in claim 29, as discussed above. Erzberger et al. is silent regarding the anchor frame is at least partially covered by the covering component. Heipl et al. teaches in the same field of endeavor of LAA occluders ([0002]), and discloses a device ( [0105]) with an outer membrane ([0105] the implant can be covered with a PTFE non-fibrous film membrane) which covers the entire outside of the device ([0105] the membrane can cover the entire expanded diameter of the implant) for the purpose of improving occlusion and rapid endothelialization through greater overall coverage ([0105]). It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the covering component of Erzberger et al. to cover the entire device, including the anchor frame, as taught by Heipl et al., for the purpose of improving occlusion and rapid endothelialization through greater overall coverage. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES RYAN MCGINNITY whose telephone number is (571)272-0573. The examiner can normally be reached M-Th 8 am-5:30 pm. 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, Elizabeth Houston can be reached at 571-272-7134. 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. /JRM/Examiner, Art Unit 3771 /SARAH A LONG/Primary Examiner, Art Unit 3771
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Prosecution Timeline

Jan 07, 2022
Application Filed
Oct 16, 2024
Examiner Interview (Telephonic)
Oct 31, 2024
Non-Final Rejection — §102, §103, §112
Feb 04, 2025
Response Filed
May 15, 2025
Final Rejection — §102, §103, §112
Jul 17, 2025
Request for Continued Examination
Jul 24, 2025
Response after Non-Final Action
Aug 06, 2025
Non-Final Rejection — §102, §103, §112
Oct 28, 2025
Response Filed
Apr 13, 2026
Final Rejection — §102, §103, §112 (current)

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Prosecution Projections

4-5
Expected OA Rounds
53%
Grant Probability
99%
With Interview (+48.1%)
3y 3m
Median Time to Grant
High
PTA Risk
Based on 88 resolved cases by this examiner