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 Amendment
The amendment filed 11/26/2026 has been entered. Claims 1-2, 4-7, and 13-20 remain pending in the application, claims 3 and 8-12 are cancelled, and claims 21-24 have been added. Applicant’s amendments to the claims have overcome each 112(b) rejection and the interpretation of the prior art rejection previously set forth in the Non-Final Office Action mailed 08/28/2025, however a new interpretation of the prior arts are applied as outlined below.
Response to Arguments
Applicant's arguments filed 11/26/2025 have been fully considered but they are not persuasive.
Applicant argues on pages 6-7 that the claims do not recite a limitation using the terms “means,” “for,” or “step” and should not be interpreted under 35 U.S.C. 112(f). The Office respectfully disagrees. Although the claims do not recite these terms, they are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
Applicant’s amendments overcome the previous interpretation of the rejections. However, in light of the claim amendments, a new rejection of Trommeter, Foster, and Eby is applied as outlined below. All arguments directed to the claims as amended are addressed in the body of the rejection below. Arguments applicable to the current interpretation of the prior art will be addressed.
The rejection to independent claim 1 in view of Foster has been removed since the Applicant has canceled dependent claims 8-11 which were rejectable by Foster.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the combination of “an attachment element adapted to create an interference fit with the attachment feature of the implantable medical device” and “the attachment element comprises a release cord adapted to extend at least partially around the attachment feature of the implantable medical device” must be shown in the same embodiment or the feature(s) canceled from the claim(s). No new matter should be entered.
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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “attachment feature” in claims 1 and 13, “moveable element” in claim 18, and “attachment member” in claim 18.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-2, 4-7, and 24 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 1 claims “an attachment element adapted to create an interference fit with the attachment feature of the implantable medical device” and “the attachment element comprises a release cord adapted to extend at least partially around the attachment feature of the implantable medical device.” The interference fit connection is shown in Applicant’s figures 4-8, and the release cord extending at least partially around the attachment feature is shown in Applicant’s figures 1-2. There is no disclosure or drawing of the combination of both types of connections. Claims 2, 4-7 and 24 are rejected due to their dependency on claim 1.
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, 4-7, 13-17, and 23-24 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Trommeter et al. (US PGPub 2014/0039542), hereinafter known as “Trommeter.”
With regards to claim 1, Trommeter discloses (Figures 1A-3B and 5) an assembly 500 for delivering an implantable medical device 108, the assembly 500 comprising:
an implantable medical device 108 including an attachment feature 112 (see Note below); and
a delivery device 102/104 adapted to releasably secure the implantable medical device 108, the delivery device 102/104 including an attachment element 106/118 (see Note below) adapted to create an interference fit with the attachment feature 112 of the implantable medical device 108 (paragraphs 73-75);
wherein the delivery device 102/104 is adapted to enable a user to selectively disengage the interference fit between the attachment element 106/118 of the delivery device 102/104 and the attachment feature 112 of the implantable medical device 108 with a short linear motion when the delivery device 102/104 is positioned proximate a delivery site for the implantable medical device 108 (paragraph 75);
wherein the delivery device 102/104 comprises an attachment sheath 102 movable relative to the attachment feature 112 from an attachment position (figures 1A-1B) to a release position (figures 2A-3B), and the attachment element 106/118 comprises a release cord 106 adapted to extend through the attachment sheath 102 and extend at least partially around the attachment feature 112 of the implantable medical device 108 (functional limitation – release cord 106 is capable of extending around the attachment feature 112 of the implantable medical device 108);
wherein the release cord 106 includes a distal tip region that is adapted to be disposed within the attachment sheath 102 in the attachment position (figures 1A-1B), and adapted to be disposed outside of the attachment sheath 102 in the release position (figures 2A-3A).
Note – 112(f) interpretation – Applicant’s attachment feature is an attachment cavity that engages with the attachment element (spec. [0005] and [0011]); Trommeter’s attachment feature is an attachment cavity 112 that engages with the attachment element 106/118 (figure 5; paragraphs 73-75); therefore both attachment features are equivalent in engaging with an attachment element.
Note – 112(f) interpretation – Applicant’s attachment element is a release cord adapted to engage the attachment feature of the implantable medical device (spec. [0005]); Trommeter’s attachment element is a release cord 106/118 that engages with the attachment feature 112 of the implantable medical device 108 (figure 5; paragraphs 73-75); therefore both attachment elements are equivalent in engaging with an attachment feature of the implantable medical device.
With regards to claim 4, the assembly of Trommeter is capable of wherein the short linear motion comprises moving the attachment sheath 102 a distance of about ten millimeters or less in a proximal direction from the attachment position (figures 1A-1B) to the release position (figures 2A-3B), thereby freeing the distal tip region of the release cord 106 from the attachment sheath 102 (figures 3A-3B; sheath 102 is capable of being moved proximally relative to the pusher 104 as the sheath 102 moves some distance in order to release the implant 108).
With regards to claim 5, Trommeter discloses wherein the release cord 106 is adapted to enable the release cord 106 to be retracted proximally into the attachment sheath 102 once the attachment sheath 102 has been moved proximally to the release position (figure 3A – sheath 102 is moved proximally, figure 3B – release cord 106 is retracted into sheath 102).
With regards to claim 6, Trommeter discloses wherein the distal tip region (region of 106/118 that is located within the cavity 116) has an outer diameter that is greater than an outer diameter of a rest of the release cord 106 (diameter of 118 within cavity 116 is greater than the release cord 106).
With regards to claim 7, Trommeter discloses wherein the distal tip region (portion of the distal region of 106/118 that is located within the cavity 116) has an outer diameter that is equal to an outer diameter of a rest of the release cord 106 (figure 5 – a portion of the distal region of the release cord 106 that is located within the cavity 116 has the same diameter of the rest of the release cord 106 that extends proximal of the cavity 116).
With regards to claim 13, Trommeter discloses (Figures 1A-3B and 5) an assembly 500 for delivering an implantable medical device 108, the assembly 500 comprising:
an implantable medical device 108 including an attachment feature 112 (see Note below); and
a delivery device 102/104 adapted to releasably secure the implantable medical device 108, the delivery device 102/104 comprising:
an attachment sheath 102, the attachment sheath 102 adapted to be linearly moveable a short distance relative to the attachment feature 112 from an attachment position (figures 1A-2B) to a release position (figures 3A-3B), wherein the implantable medical device 108 is disposed outside of the attachment sheath 102 in the attachment position (figures 2A-2B – sheath 102 is moved proximally and implantable medical device 108 is disposed outside sheath 102); and
a release cord 106 including:
a proximal region that is adapted to extend through the attachment sheath 102 toward the implantable medical device 108 (figures 1A-2B);
a distal tip region (region of 106/118 that is located within the cavity 116) that is adapted to extend back into the attachment sheath 102 in the attachment position (figures 1A-2B; paragraph 66 – “The entire occlusion device 108 may be retracted until the distal control wire 106 and the distal retaining feature 112 are retracted back into the catheter 102”) and adapted to be disposed outside of the attachment sheath 102 in the release position (figures 3A-3B); and
an engagement region disposed between the proximal region and the distal tip region, wherein the engagement region is adapted to releasably engage with the attachment feature 112 in the attachment position (figures 1A-2B).
Note – 112(f) interpretation – Applicant’s attachment feature is an attachment cavity that engages with the attachment element (spec. [0005] and [0011]); Trommeter’s attachment feature is an attachment cavity 112 that engages with the attachment element 106/118 (figure 5; paragraphs 73-75); therefore both attachment features are equivalent in engaging with an attachment element.
With regards to claim 14, Trommeter discloses wherein the attachment sheath 102 is adapted to be linearly moveable of about ten millimeters or less from the attachment position (figures 1A-1B) to the release position (figures 3A-3B), thereby freeing the distal tip region of the release cord 106 from the attachment sheath 102 (figures 3A-3B; sheath 102 is moved proximally relative to the pusher 104, as the movement spans a distance of 10 mm or less as the sheath 102 moves some distance in order to release the implant 108).
With regards to claim 15, Trommeter discloses wherein the release cord 106 is adapted to enable the release cord 106 to be retracted proximally into the attachment sheath 102 once the attachment sheath 102 has been moved proximally to the release position (figures 3A – sheath 102 is moved proximally, figure 3B – release cord 106/118 is retracted into sheath 102).
With regards to claim 16, Trommeter discloses wherein the distal tip region (region of 106/118 that is located within the cavity 116) has an outer diameter that is greater than an outer diameter of a rest of the release cord 106 (diameter of 118 within cavity 116 is greater than the release cord 106).
With regards to claim 17, Trommeter discloses wherein the distal tip region (portion of the distal region of 106/118 that is located within the cavity 116) has an outer diameter that is equal to an outer diameter of a rest of the release cord 106 (figure 5 – a portion of the distal region of the release cord 106 that is located within the cavity 116 has the same diameter of the rest of the release cord 106 that extends proximal of the cavity 116).
With regards to claim 23, Trommeter discloses wherein the release cord 106 is adapted to enable the distal tip region (region of 106/118 that is located within the cavity 116) to be retracted proximally into the attachment sheath 102 once the attachment sheath 102 has been moved proximally to the release position (figures 3A-3B).
With regards to claim 24, Trommeter discloses wherein the release cord 106 is adapted to enable the distal tip region (region of 106/118 that is located within the cavity 116) to be retracted proximally into the attachment sheath 102 once the attachment sheath 102 has been moved proximally to the release position (figures 3A-3B).
Claims 1-2, 13-14, and 21-22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Eby et al. (US PGPub 2021/0260363), hereinafter known as “Eby.”
With regards to claim 1, Eby discloses (Figures 4-10) an assembly for delivering an implantable medical device 500, the assembly comprising:
an implantable medical device 500 including an attachment feature 502 (paragraph 55; see Note below); and
a delivery device 604 (delivery catheter, paragraphs 55 and 59) adapted to releasably secure the implantable medical device 500 (paragraph 55), the delivery device 604 including an attachment element 606 (paragraphs 65-68; see Note below) adapted to create an interference fit with the attachment feature 502 of the implantable medical device 500 (paragraphs 65-66);
wherein the delivery device 604 is adapted to enable a user to selectively disengage the interference fit between the attachment element 606 of the delivery device 604 and the attachment feature 502 of the implantable medical device 500 with a short linear motion when the delivery device 604 is positioned proximate a delivery site for the implantable medical device 500 (paragraphs 67-68 – in order to release 500 from the delivery catheter, tethering snare is pushed outwardly – therefore the short linear motion of the tethering snare disengages the delivery device from the implantable medical device 500);
wherein the delivery device 604 comprises an attachment sheath 604 movable relative to the attachment feature 502 from an attachment position (figures 8 and 10) to a release position (figures 7 and 9), and the attachment element 606 comprises a release cord 606 adapted to extend through the attachment sheath 604 and extend at least partially around the attachment feature 502 of the implantable medical device 500 (figure 10);
wherein the release cord 606 includes a distal tip region that is adapted to be disposed within the attachment sheath 604 in the attachment position (figure 10; paragraphs 66-67), and adapted to be disposed outside of the attachment sheath 604 in the release position (figure 9).
Note – 112(f) interpretation – Applicant’s attachment feature is an attachment cavity that engages with the attachment element (spec. [0005] and [0011]); Eby’s attachment feature 502 is a docking button configured to removably connect to the attachment element 606 (paragraphs 65-68; figures 4-10); therefore both attachment features are equivalent in engaging with an attachment element.
Note – 112(f) interpretation – Applicant’s attachment element is a release cord adapted to engage the attachment feature of the implantable medical device (spec. [0005]); Eby’s attachment element is a release cord 606 that engages with the attachment feature 502 of the implantable medical device 500 (figures 4-10; paragraphs 65-68); therefore both attachment elements are equivalent in engaging with an attachment feature of the implantable medical device.
With regards to claim 2, Eby discloses wherein the interference fit between the attachment element 606 of the delivery device 604 and the attachment feature 502 of the implantable medical device 500 enables the implantable medical device 500 to pivot relative to the delivery device 604 before the interference fit is disengaged by the user (paragraphs 56-59 and 67).
With regards to claim 13, Eby discloses (Figures 4-10) an assembly for delivering an implantable medical device 500, the assembly comprising:
an implantable medical device 500 including an attachment feature 502 (paragraph 55; see Note below); and
a delivery device 604 adapted to releasably secure the implantable medical device 500 (paragraph 55), the delivery device 604 comprising:
an attachment sheath 604, the attachment sheath 604 adapted to be linearly moveable a short distance relative to the attachment feature 502 from an attachment position (figure 10) to a release position (figure 9), wherein the implantable medical device 500 is disposed outside of the attachment sheath 604 in the attachment position (figure 10); and
a release cord 606 including:
a proximal region that is adapted to extend through the attachment sheath 604 toward the implantable medical device 500 (figures 9-10);
a distal tip region (region of 606 that is attached to 502) that is adapted to extend back into the attachment sheath 604 in the attachment position (figure 10; paragraphs 66-67) and adapted to be disposed outside of the attachment sheath 604 in the release position (figure 9); and
an engagement region disposed between the proximal region and the distal tip region, wherein the engagement region is adapted to releasably engage with the attachment feature 502 in the attachment position (figure 10).
Note – 112(f) interpretation – Applicant’s attachment feature is an attachment cavity that engages with the attachment element (spec. [0005] and [0011]); Eby’s attachment feature 502 is a docking button configured to removably connect to the attachment element 606 (paragraphs 65-68; figures 4-10); therefore both attachment features are equivalent in engaging with an attachment element.
With regards to claim 14, Eby discloses wherein the attachment sheath 604 is adapted to be linearly moveable of about ten millimeters or less from the attachment position (figure 10) to the release position (figure 9), thereby freeing the distal tip region of the release cord 606 from the attachment sheath 604 (paragraphs 67-68 – in order to release 500 from the delivery catheter, tethering snare is pushed outwardly – therefore the short linear motion of the tethering snare disengages the delivery device from the implantable medical device 500).
With regards to claim 21, Eby discloses wherein engagement of the release cord 606 with the attachment feature 502 enables the implantable medical device 500 to pivot relative to the attachment sheath 604 before the attachment sheath 604 is moved to the release position (paragraphs 56-59 and 65-68).
With regards to claim 22, Eby discloses wherein engagement of the release cord 606 with the attachment feature 502 enables the implantable medical device 500 to pivot relative to the attachment sheath 604 before the distal tip region is freed from the attachment sheath 604 (paragraphs 56-59 and 65-68).
Claim Rejections - 35 USC § 103
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 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 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Foster et al. (US PGPub 2022/0152405), hereinafter known as “Foster”, in view of Eby.
With regards to claim 18, Foster discloses (Figures 1-7) an assembly for delivering an implantable medical device 10, the assembly comprising:
an implantable medical device 10 including an attachment cavity (cavity between prongs 16/18) formed within the implantable medical device 10; and
a delivery device 32 adapted to releasably secure the implantable medical device 10 (paragraph 74), the delivery device 32 comprising:
an attachment member 36/38 (see Note below) that is adapted to releasably fit within the attachment cavity (figures 4-6), the attachment member 36/38 including a lumen 48/52 extending within the attachment member 36/38 (figure 3; paragraphs 65-66);
a moveable element 56 slidingly disposed within the lumen 48/52 (paragraph 71 – “configured to extend through the driver coil lumen 48 and the driver wedge lumen 52”), the moveable element 56 moveable between a first configuration in which the moveable element 56 is adapted to hold the attachment member 36/38 in an interference fit with the attachment cavity and a second configuration in which the moveable element 56 is adapted to release the attachment member 36/38 from its interference fit with the attachment cavity (paragraph 73 – “decoupling of the delivery catheter apparatus 32 from the implantable medical device 10… In FIG. 7, the driver wedge 38 is rotated to disengage the driver wedge 38 from the first prong 16 and the second prong 18. Specifically, as the driver wedge 38 is rotated, the external threads 50 disengage the internal threads 28 of the first prong 16 and the internal threads 30 of the second prong 18… In some other embodiments, the driver wedge 38 may be rotated by a stylet similar to the stylet 56, but configured to engage the driver wedge 38”).
Note – 112(f) interpretation – Applicant’s attachment member is a release cord adapted to engage the attachment feature of the implantable medical device (spec. [0005]); Foster’s attachment member is a driver coil/wedge 36/38 that engages with the attachment feature 16/18 of the implantable medical device 10 (figures 4-6; paragraphs 65-66); therefore both attachment members are equivalent in engaging with an attachment feature of the implantable medical device.
Note – 112(f) interpretation – Applicant’s moveable element is a pin that holds the attachment element in the interference fit with the attachment feature (spec. [0010-0013]); Foster’s moveable element is a pin/stylet 56 that holds the attachment element 36/38 in the interference fit with the attachment feature 16/18 (paragraphs 73-75; figures 4-7); therefore both moveable elements are equivalent in holding the attachment element in the interference fit with the attachment feature.
Foster is silent wherein the interference fit between the attachment member of the delivery device and the attachment cavity of the implantable medical device enables the implantable medical device to pivot relative to the delivery device before the interference fit is disengaged by the user.
However, in a similar field of endeavor of implantable medical devices, Eby teaches (Figures 4-5) wherein the interference fit between the attachment member (paragraph 59 - torque keys within a delivery catheter) of the delivery device and the attachment feature 502/534 of the implantable medical device 500 enables the implantable medical device 500 to pivot relative to the delivery device before the interference fit is disengaged by the user (paragraphs 56-59 and 67).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the interference fit of Foster to include enabling the implantable medical device to pivot relative to the delivery device as taught by Eby for the purpose of allowing the implantable medical device to move with greater ease and precision through vasculature of a patient (paragraph 58 of Eby).
With regards to claim 19, Foster further discloses wherein the moveable element 56 is adapted to move axially within the lumen 48/52 a distance of about ten millimeters or less in order to move between the first configuration and the second configuration (paragraphs 71 and 73 – 56 is rotated to engage/disengage with the attachment member 38 and is extendable within the lumen 48/52, therefore must be rotated and moved axially into the lumen 48/52 when transitioning from the second configuration to the first configuration).
With regards to claim 20, Foster further discloses wherein the moveable object 56 comprises a pin (definition of pin according to Merriam-Webster is “a piece of solid material used especially for fastening things together”, the stylet 56 is interpreted as a pin since the pin is disclosed in paragraphs 71 and 73 as to engage with the attachment member 36/38).
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 MOHAMMED S ADAM whose telephone number is (571)272-8981. The examiner can normally be reached 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jackie Ho can be reached at 571-272-4696. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MOHAMMED S ADAM/Examiner, Art Unit 3771 04/23/2026
/KATHERINE M SHI/Primary Examiner, Art Unit 3771
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