DETAILED ACTION
The following is a non-final office action is response to communications received on 10/23/2025. Claims 1-20 are currently pending and addressed below. Claims 5-20 are withdrawn.
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 .
Election/Restrictions
Applicant’s election of Group I in the reply filed on 10/23/2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
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.
Claim(s) 1-4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rolando et al. (US 9,289,289). Please refer to the annotated figure in consideration of the following rejection:
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717
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Regarding Claim 1, Rolando teaches a heart-valve annulus reinforcing device (Fig 8A), comprising: a hollow cylindrical structure (shown) with a top end (shown) and a bottom end (shown), wherein both the top end and the bottom end are open (Fig 8A); a plurality of arms (shown) extending down from the top end, wherein the plurality of arms end with a penetrating element (shown) and wherein the plurality of arms are configured to bend out away from the device (Fig 8A).
Regarding Claim 2, Rolando teaches wherein the plurality of arms comprises a plurality of elongated slot openings (shown), wherein the plurality of elongated slot openings extends along a portion of the plurality of arms between the top end and the bottom end (Fig 8A).
Regarding Claim 3, Rolando teaches wherein the penetrating element comprises a rounded blade with a pointed end (Fig 10C), wherein the rounded blade is curved inwards towards the center of the cylindrical structure.
Regarding Claim 4, Rolando teaches wherein the device comprises a hinge (shown) connection between a first (shown) and a second (shown) arm of the plurality of arms.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN AINSLEY DUKERT whose telephone number is (571)270-3258. The examiner can normally be reached Mon-Fri 6am-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Melanie 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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/BRIAN A DUKERT/Primary Examiner, Art Unit 3774
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