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 with respect to claim(s) 1 and 6-9 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 and 6-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dale et al US Patent Pub. 2014/0371844A1.
NOTE: even though, the reference does not specifically disclose the method of loading an implant to a catheter, the invention discloses the steps of delivering the implant inside the body, therefore, the steps of loading the implant to the catheter is inherently inverse to the steps of unloading the implant to the patient’s targeted area.
Glimsdale discloses a prosthetic heart valve (10) into a delivery device (70), the prosthetic heart valve including: an inner frame (12) having a tubular shape; and a braided wire mesh (14) arranged outside of the inner frame and defining a circumferential flange (570 or 580) around the inner frame; the method comprising the steps of: providing a delivery device (70) having a lumen defined by a wall (72) and a distal aperture at a distal end (see Figs. 10-11). The lumen having a diameter that is less than that of the inner frame and braided wire mesh (see Figs. 11-14); providing the prosthetic heart valve in a radially uncompressed condition (see Fig. 10). The inner frame and the braided wire mesh are moved and received into the lumen and are radially compressed wherein the circumferential flange of the braided wire mesh is inverted within the lumen of the catheter (see Fig. 10).
Regarding claims 7, the Examiner interpreted the area where the implant is located inside the catheter as the capsule.
Regarding claims 8, 9, the capsule is an integral part of the catheter, therefore, is mountable or connectable to the catheter.
Allowable Subject Matter
Claims 10-24 are allowed.
Claims 2-5 are 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.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 1/20/26
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