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 .
Election/Restrictions
Applicant’s election without traverse of Invention I and species A in the reply filed on 2/19/2026 is acknowledged. Claims 16 and 19-22 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected inventions and species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 2/19/2026. The requirement is deemed proper and is therefore made FINAL.
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, 3-6, 8-15, 17, and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zenz-Olson et al. (WO 2017117415-A1; hereinafter “Zenz-Olson”).
Zenz-Olson discloses the following regarding claim 1: an implant delivery system, comprising: a delivery shaft (44) including a proximal portion (upper portion) and a distal portion (lower portion); a frame (146) coupled to the distal portion of the delivery shaft (Figs. 2, 6, 10-12), the frame including a body portion (156) and at least first and second arms (164), the first and second arms each having first ends (166) (please see annotated Figure A, below) attached to the body portion and second, free ends (168) (Figure A) opposite the first ends (Figure A; Figs. 5A-10), the first arm having a first tab (tab hook next to element 170, as shown in Figure A, element 176, and/or tabs on element 198) (pgs. 24-25) disposed adjacent its free end (Figs. 8-10), the second arm having a second tab (tab hook next to element 170, as shown in Figure A, element 176, and/or tabs on element 198) (pgs. 24-25) disposed adjacent its free end (Figs. 8-10), and the body portion having a third tab (158), wherein the first tab (tab hook next to element 170, as shown in Figure A, element 176) extends toward the free end of the first arm (Figs. 8-10) and the second tab (tabs engaging the detent elements 173 that extend in an inward direction toward element 156), extends toward the body portion (Figs. 8-10), and wherein the first, second, and third tabs are all configured to be releasably attached to an implant (112) (Figs. 8-10; pgs. 19-20, 24-26).
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Figure A.
Zenz-Olson discloses the following regarding claim 3: the implant delivery system of claim 1, wherein the body portion and first and second arms define a Y shape (Figs. 8-9A).
Zenz-Olson discloses the following regarding claim 4: the implant delivery system of claim 3, wherein the first and second arms each extend at an angle from the body portion such that when the third tab engages an edge of an implant, the free ends of the first and second arms are disposed adjacent opposing edges of the implant (Figs. 9A, 10).
Zenz-Olson discloses the following regarding claim 5: the implant delivery system of claim 4, wherein the third tab extends toward the free ends of the first and second arms (Fig. 10).
Zenz-Olson discloses the following regarding claim 6: the implant delivery system of claim 5, wherein the third tab is blunt and configured to engage an edge of the implant (Fig. 9A).
Zenz-Olson discloses the following regarding claim 8: the implant delivery system of claim 1, wherein the frame has a concave shape between the body portion and the free ends of the first and second arms (Figs. 8-9A, 10).
Zenz-Olson discloses the following regarding claim 9: the implant delivery system of claim 1, wherein the frame has an upper surface (top surface) and a lower surface (bottom surface), and the first and second tabs extend downward from the lower surface (Fig. 10).
Zenz-Olson discloses the following regarding claim 10: the implant delivery system of claim 1, wherein the first and second arms are fixed to the body portion and have a fixed length (Figs. 8-9A).
Zenz-Olson discloses the following regarding claim 11: the implant delivery system of claim 1, wherein an entirety of the frame, including the body portion and first and second arms, is formed from a single, monolithic piece (Figs. 8-9A; pg. 19).
Zenz-Olson discloses the following regarding claim 12: the implant delivery system of claim 1, further comprising a tack member (194) connected to the body portion (Fig. 10; pgs. 26-27).
Zenz-Olson discloses the following regarding claim 13: the implant delivery system of claim 12, wherein the frame is removably coupled to the delivery shaft, and configured to be detached from the delivery shaft in vivo (pg. 4).
Zenz-Olson discloses the following regarding claim 14: the implant delivery system of claim 13, further comprising a tether extending through a lumen of the delivery shaft, the tether fixedly attached to the frame such that the tether remains attached to the frame when the delivery shaft is detached from the frame (pg. 3).
Zenz-Olson discloses the following regarding claim 15: an implant delivery system, comprising: a delivery shaft (44) including a proximal portion (upper portion) and a distal portion (lower portion); a frame (146) coupled to the distal portion of the delivery shaft (Figs. 2, 6, 10-12), the frame including a body portion (156) and at least first and second arms (164) extending from the body portion (Figs. 8-10), the frame including a plurality of tabs (tab hook next to element 170, as shown in Figure A, element 176, and/or tabs on element 198) (pgs. 24-25) configured to releasably engage an implant (pgs. 24-25), the first and second arms each having free ends (168) (Figure A), the free end of the first arm defining a first tab (Figure A; Figs. 8-10), the free end of the second arm defining a second tab (Figure A; Figs. 8-10), and the body portion having a third tab (158), wherein the first, second, and third tabs are configured to engage at least one edge of the implant (Figs. 8-10; pgs. 19-20, 24-26).
Zenz-Olson discloses the following regarding claim 17: the implant delivery system of claim 15, wherein the body portion and first and second arms define a Y shape (Figs. 8-9A).
Zenz-Olson discloses the following regarding claim 18: the implant delivery system of claim 17, wherein the first and second arms each extend at an angle from the body portion such that the free ends of the first and second arms are disposed adjacent the at least one edge at opposing edges of the implant (Figs. 8-9A).
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.
Claim(s) 2 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zenz-Olson in view of Levin et al. (Patent No.: US 8,808,314 B2; hereinafter “Levin”).
Zenz-Olson discloses the limitations of the claimed invention, as described above. However, it does not explicitly recite the first, second, and third tabs including a sharp tip. Levin teaches that it is well known in the art that a delivery device comprises tabs (108, 712) with sharp tips that are configured to extend at least partially through an implant (Figs. 7C, 13A; col. 20, lines 8-64; col. 21, lines 21-58; col. 25, lines 20-64), for the purpose of securely attaching the implant to delivery device. It would have been obvious to one having ordinary skill in the art to modify the delivery device of Zenz-Olson to comprise sharp tabs, as taught by Levin, in order to more securely attach the implant to delivery device. Such a modification would be made with a reasonable expectation of success.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ann Hu whose telephone number is (571) 272-6652. The examiner can normally be reached on Monday-Friday (9:00 am-5:30 pm EST).
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Jerrah Edwards, at (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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/ANN HU/Primary Examiner, Art Unit 3774
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