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 .
Priority
This application claims priority from provisional application 62/928,291.
Status of Claims
Claims 1-6, 24-31, and 33-38 are pending.
Claims 7-23 and 32 have been cancelled.
Election/Restrictions
Applicant’s election without traverse Species 1 (Figures 1-13) in the reply filed on 02/13/2026 is acknowledged.
Drawings
The previous drawing objections have been withdrawn in view of the applicant’s amendments.
Claim Objections
The previous claim objections have been withdrawn in view of the applicant’s amendments.
Claim Rejections - 35 USC § 102
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) 1-6, 24, 25, 27-29, 31, 33, 36, and 37 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by White et al (White) US 2006/0111772 A1.
1. White discloses an implantable prosthetic device 10, comprising;
a frame movable between a radially compressed and a radially expanded configuration (Frame is shown compressed in Figure 1 and expanded in Figure 3), the frame comprising:
a first strut (20 Figures 8-13) comprising a first locking feature (52 Figure 13) extending in a radial direction toward a central axis of the frame from a radially facing inner surface of the first strut (52 has a thickness that extends radially inward towards the central axis of the frame lumen);
a second strut (an adjacent strut 20 Figures 8-13) comprising a second locking feature 40 extending in a radial direction away from the central axis of the frame from a radially facing outer surface of the second strut (40 has a thickness that extends radially outward away from the central axis of the frame lumen); and
wherein the first and second locking features engage each other (Figures 14 and 16) so as to allow pivoting of the first and second struts relative to one another in a first direction upon radial expansion of the frame and resist pivoting of the first and second struts relative to one another in a second direction to resist radial compression of the frame (Figures 14 and 16 and [0016]).
2. White discloses the first locking feature is disposed at a first end portion of the first strut (52 is at the first left end of strut 24), and wherein the second locking feature is disposed at a first end portion of the second strut (40 is at the first left end of strut 30 of an adjacent strut 20).
3. White discloses the first locking feature comprises a first toothed portion and the second locking feature comprises a second toothed portion (teeth 40/52 shown best in Figure 9).
4. White discloses the first and second struts are pivotably coupled to one another at a junction (Figures 15 and 17 show the strut locking features pivotable connect at junction 64/65), and wherein the first and second toothed portions are arrayed circumferentially around at least a portion of the junction (Shown best in Figures 15 and 17).
5. White discloses the first toothed portion comprises a first set of surfaces 60/62 extending perpendicularly to the radially facing inner surface of the first strut (surfaces 60/62 extend straight towards the center of the circle making them perpendicular to the radially facing inner surface shown best in Figure 17) and a second set of surfaces 52 extending at an angle less than 90 degrees relative to the radially facing inner surface of the first strut (surfaces 52 are shown at a plurality of acute non 90 degree angles shown best in Figure 17), and wherein the second toothed portion comprises a third set of surfaces extending perpendicularly to the radially facing outer surface of the second strut (short surfaces of 40 extend straight away the center of the circle making them perpendicular to the radially facing outer surface shown best in Figure 17) and a fourth set of surfaces extending at an angle less than 90 degrees relative to the radially facing outer surface of the second strut (surface 40 includes a plurality of acute non 90 degree angles shown best in Figure 17).
6. White discloses the first locking feature and second locking feature are formed integrally with the second strut (Figure 9 shows the struts are one continuous integral structure).
24. White discloses the first and second struts are part of a plurality of struts that form the frame (shown best in Figures 14 and 16), wherein each strut comprises a plurality of linear portions (22/23 Figure 9) joined end to end via intermediate segments (24 Figure 9), and enlarged end portions at either end of the strut (40/52 Figure 9).
25. White discloses the first locking feature is disposed on a first enlarged end portion of the first strut (40 is enlarged at the end), and wherein the second locking feature is disposed on a second enlarged end portion of the second strut (52 is enlarged at an end of the central portion of the strut).
27. White discloses the first and second locking features each have an arcuate shape (see round shapes of 40/52 in Figure 9).
28. White discloses the first and second locking features are each disposed at least partially circumferentially around an aperture extending through a thickness of the respective strut (40 extends around aperture 46 extending through a full thickness of the strut and 52 extends around aperture 50 that extends through the thickness of the strut, the claim does not define a full thickness just a thickness, which 50 extends through).
29. White discloses the first and second struts are coupled together via a fastener 64/65 extending through a first aperture 46 in the first strut and a second aperture 50 in the second strut (shown best in Figure 17).
31. White discloses an implantable prosthetic device 10, comprising:
a radially compressible and expandable annular frame (Figures 1 and 3), comprising:
a plurality of struts 20 including a first strut and a second strut (Figures 14-17 show a plurality of struts 20), the first strut comprising a first locking feature (52 Figure 13) disposed at a first end portion (26), and the second strut comprising a second locking feature (40 Figure 13) disposed at a second end portion (40 Figure 13);
wherein the first locking feature comprises a first set of teeth (52) extending from a radially inwardly facing surface of the first strut (Figure 8 shows the inner surface 50 and the teeth 52 have a thickness that extend radially inward from the face) and the second locking feature comprises a second set of teeth (40) extending from a radially outwardly facing surface of the second strut (teeth 40 have surfaces defining the height of the teeth that are radially outward and inward facing, the teeth have a thickness that that extends between the two surfaces)
configured to engage the first set of teeth (Figure 17) to allow pivoting of the first and second struts relative to one another in a first direction upon radial expansion of the frame and resist pivoting of the first and second struts relative to one another in a second direction to resist radial compression of the frame (Figures 14 and 16 and [0016]).
33. White discloses the first and second struts are pivotably coupled to one another via one or more fasteners (64/65 Figure 17).
36. White discloses each strut of the plurality of struts comprises a plurality of linear portions (22/23 Figure 9) joined end to end via intermediate segments (24 Figure 9)
between adjacent linear portions (Figure 9), and enlarged end portions at either end of the strut (40/52 Figure 9).
37. White discloses the first locking feature is disposed on a first enlarged end portion of the first strut (40 is enlarged at the end), and wherein the second locking feature is disposed on a second enlarged end portion of the second strut (52 is enlarged at an end of the central portion of the strut).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 30, 34, and 35 are rejected under 35 U.S.C. 103 as being unpatentable over White in view of Cartledge USPN 9,566,178 B2 and Fritzinger et al (Fritzinger) US 2012/0177462 A1.
White discloses the invention substantially as claimed being described above. However, White does not disclose the use of a fastener with a head and a biasing member.
Cartledge teaches the use of connections between pivoting struts of a heart valve comprising a fastener with a head 5112 and a shaft 5114 (shown best in Figures 51-53) in the same field of endeavor for the purpose of providing a fastener that can be removed, replaced, and adjusted without damaging the strut.
Fritzinger teaches the use of connections between pivoting struts of a heart valve comprising a fastener with a biasing spring washer (634 Figures 32-36 [0115]) in the same field of endeavor for the purpose of providing a biasing force which aids with compressing adjacent structure and helps the fastener to resist backing out.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to replace the fastener of White with the fastener of Cartledge and the spring washer of Fritzinger with the in order to provide a connection that can be adjusted or replaced that also includes a spring force biasing the struts together as well as applying a force to the rivet which will help resist backing out.
Allowable Subject Matter
Claim 26 is allowed.
Claim 38 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The prior art of record fails to disclose both the first and second locking features disposed on intermediate segments of the struts.
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 CHRISTOPHER D PRONE whose telephone number is (571)272-6085. The examiner can normally be reached Monday-Friday 10 am - 6 pm (HST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Melanie R Tyson can be reached at (571)272-9062. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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CHRISTOPHER D. PRONE
Primary Examiner
Art Unit 3774
/Christopher D. Prone/Primary Examiner, Art Unit 3774
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