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 .
Response to Arguments
Applicant's arguments filed 12/01/25 have been fully considered but they are not persuasive. The Examiner used the embodiment of Figs. 121-124 to reject the previous limitations. However, the Examiner is using a different embodiment (embodiment of Figs. 125-128) for the purpose of rejecting the new claimed limitations. See rejection below.
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 (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.
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, 3, 7-9, and 22-26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Delgado et al US Patent Pub. 2019/0000613A1.
Regarding claims 1, 22 and 23, Delgado et al discloses a valve repair device (500, see Figs. 125-128) for repairing a native valve of a patient, the valve repair device comprising a collar (513), a cap (514) configured to be movable with respect to the collar (513). A plurality of paddle portions (520 & 522) that are moveable between an open position and a closed position by moving the cap with respect to the collar. Each paddle portion includes an extendable portion (1624) that is extendable from a narrow condition to a wide condition, wherein the extendable portion is formed from a shape-memory alloy (see paragraph 59). A plurality of paddle frames (524) connected to the cap and to the paddle portions and wherein a width of the plurality of paddle frames is adjustable during an implantation procedure of the valve repair device (see Figs. 126 and 128) by moving the extendable portions between the narrow condition (Fig. 125-126) and the wide condition (Figs. 127-128).
Regarding claims 3 and 7, see Figs. 121-124.
Regarding claims 8 and 9, see element (530) as the coaptation portion.
Regarding claims 24-26, see Fig. 125 showing the length of the extendable portions (1624) in the direction extending from the collar to the cap and also shows that the width of the extendable portions is in a direction that is orthogonal to the length.
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 ALVIN J STEWART whose telephone number is (571)272-4760. The examiner can normally be reached Monday-Friday 8:30AM-6PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thomas Barrett can be reached at 571-272-4746. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALVIN J STEWART/Primary Examiner, Art Unit 3799 2/10/26
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