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 06/01/26 have been fully considered but they are not persuasive.
On pages 6-7 regarding drawing objections Applicant argues the commissure support portions are shown in figure 1 and described in [038], and states that claim amendments which clarify these are commissure support “posts” overcome this objection.
The Examiner respectfully agrees amendments overcome the objections of record.
On pages 7-9 regarding drawing objections regarding element 240a-b, these features are shown in figure 2b and the tertiary suture line 272 is seen in figures 2a-b.
The Examiner respectfully withdraws objections regarding elements 240a-b. However, Applicant has not addressed the objection regarding element 272, and so this objection is maintained.
On pages 10-11 regarding prior art rejections Applicant argues amendments overcome the rejection of record.
The Examiner respectfully agrees and withdraws prior art rejections.
Drawings
The drawings are objected to because:
-item 272 appears to be pointing towards two distinct elements in figures 2a and 2b. Further, item 272 is supposed to represent “tertiary suture lines” but neither figure appears to have item 272 representing a tertiary suture line.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 8-15, 21-28 are objected to because of the following informalities:
Claim 8 is objected to for referring to an adjacent commissure tab of “another leaflet” when it is unclear how/if this “another leaflet” is related to the previously claimed “plurality of leaflets”, if at all.
Appropriate correction is required.
Remaining claims are objected for depending on an objected claim.
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 23 and 27 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.
Claim 23 is indefinite for claiming the heart valve of claim 1, but there is no claim 1 pending. For the purposes of examination this will be understood to depend from claim 8, but clarification is required.
Claim 27 is indefinite for claiming “a second secondary suture” when it is unclear if this requires any of the features claim 8 lists as being related to the “secondary suture”.
Remaining claims are rejected for depending on an indefinite claim.
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 extension fee 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 Jacqueline Woznicki whose telephone number is (571)270-5603. The examiner can normally be reached M-Th 10am-6pm EST.
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.
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/Jacqueline Woznicki/Primary Examiner, Art Unit 3774 06/11/26
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