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 Group II, claims 12-16 in the reply filed on 12/11/2025 is acknowledged. However, Examiner has withdrawn the restriction and examined claims 12-16 and 21-35 upon further consideration of the claims.
Response to Arguments
Applicant's arguments filed 5/4/2026 have been fully considered but they are not persuasive. Applicant has amended the independent claims to recite the network of struts forms two or more cells in a single row. In response to Applicant’s amendment, examiner now references implant 150’ in figure 11A-C. Implant 150’ forms a network of struts 166’ with two or more cells in a single row (see fig. 11A-C).
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.
Claims 12-16, 21-35 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Taft et al. (Pub. No.: US 2017/0106176).
Taft et al. (hereinafter, Taft) discloses a method comprising:
crimping a medical implant 150’ (fig. 11A-C) to reduce a profile of the medical implant 150’ for delivery within a catheter (e.g., fig. 3N), the medical implant comprising a network of struts 166’ forming two or more cells in a single row and at least partially offset relative to each other (fig. 11A-C), wherein the medical implant is configured to bend in response to crimping force to have a first size while being advanced in the catheter (e.g., fig. 3N, para. 100);
inserting the medical implant into the catheter 142;
delivering the catheter to a treatment location within a human body (e.g., fig. 3N); and
in response to removing the medical implant from the catheter, expanding the medical implant to a second size greater than the first size (e.g., fig. 3N-P, 4A-D).
For claim 13, Taft discloses the method of claim 12, wherein the medical implant further comprises a first set of anchoring arms 152’, 154’ (e.g., fig. 11A-C) and a second set of anchoring arms 152’, 154’ (e.g., fig. 11A-C).
For claim 14, Taft discloses the method of claim 12, wherein the network of struts forms edges extending outwardly from the two or more cells (see annotation below).
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For claim 15, Taft discloses the method of claim 12, wherein removing the medical implant from the catheter causes expansion of the medical implant to an expanded profile and a width of the medical implant in the expanded profile exceeds a width of the catheter (e.g., fig. 3N-3V, 4A-D).
For claim 16, Taft discloses the method of claim 12, wherein the medical implant is at least partially composed of Nitinol (e.g., para. 55)
For claim 21, Taft discloses the method of claim 12, wherein bending of the medical implant causes the two or more cells to increase in length and decrease in width (compare fig. 4D with 4B and 4C).
For claim 22, Taft discloses the method of claim 12, wherein the medical implant comprises a central flow portion including the network of struts (fig. 11A-C at 166’), and wherein bending of the medical implant causes the central flow portion to increase in length and reduce in diameter (compare fig. 4D with 4A-4C).
For claim 23, Taft discloses a method of shunting through a tissue wall, the method comprising:
creating an opening in the tissue wall (e.g., fig. 3D-J);
advancing a medical implant 150’ (fig. 11A-C) via a catheter 124 to the opening in the tissue wall, the medical implant comprising;
a central flow portion 166’ having a first network of struts forming two or more cells in a single row (fig. 11A-C) and at least partially offset relative to each other (fig. 11A-C), wherein the central flow portion is configured to bend in response to crimping force to have a first size while being advanced in the catheter (fig. 4A-C);
a first set of anchoring arms 154’; and
a second set of anchoring arms 152’;
in response to removing the medical implant from the catheter, expanding the central flow portion of the medical implant to a second size greater than the first size (fig. 4A-C, para. 100); and
anchoring the medical implant at least partially within the opening (e.g., fig. 3V).
For claim 24, Taft discloses the method of claim 23, further comprising expanding the opening prior to placing the medical implant within the opening (e.g., fig. 3J).
For claim 25, Taft discloses the method of claim 23, wherein the tissue wall is between a left atrium and a coronary sinus, the method further comprising advancing the medical implant to the tissue wall via the coronary sinus (e.g., fig. 3A-N).
For claim 26, Taft discloses the method of claim 23, further comprising crimping the medical implant to fit the medical implant into the catheter, wherein crimping the medical implant causes bending of the first network of struts and causes the two or more cells to increase in length and decrease in width (e.g., fig. 3M-3N; compare fig. 4D with 4A-4C for effect on cell dimensions).
For claim 27, Taft discloses the method of claim 23, wherein the first set of anchoring arms has a second network of struts forming cells (e.g., fig. 11A-C).
For claim 28, Taft discloses the method of claim 23, wherein the first set of anchoring arms form a pincer grasp (e.g., fig. 3V).
For claim 29, Taft discloses the method of claim 23, wherein the first network of struts forms edges extending outwardly from the two or more cells (see annotation above addressing claim 14).
For claim 30, Taft discloses a method of shunting through a tissue wall, the method comprising:
crimping a medical implant 150’ to fit the medical implant into a catheter (e.g., fig. 4A-C), the medical implant comprising a central flow portion 166’ having a first network of struts forming a single row of two or more cells being arranged at least partially offset relative to each other (e.g., fig. 11A-C), the central flow portion further comprising a first set of anchoring arms 152’ and a second set of anchoring arms154’, wherein the two or more cells extend from the first set of anchoring arms to the second set of anchoring arms (e.g., fig. 11A-C);
creating an opening in the tissue wall (e.g., fig. 3D-3J);
advancing the medical implant 150 via the catheter 142 to the opening in the tissue wall (e.g., fig. 3M-3N);
removing the medical implant from the catheter to cause expansion of the medical implant (e.g., fig. 3N-3V); and
anchoring the medical implant at least partially within the opening (e.g., fig. 3V).
For claim 31, Taft discloses the method of claim 30, further comprising expanding the opening prior to placing the medical implant within the opening (e.g., fig. 3J).
For claim 32, Taft discloses the method of claim 30, wherein the tissue wall is between a left atrium and a coronary sinus, the method further comprising advancing the medical implant to the tissue wall via the coronary sinus (e.g., fig. 3A-N).
For claim 33, Taft discloses the method of claim 30, wherein the first set of anchoring arms has a second network of struts forming cells (e.g., fig. 11A-C).
For claim 34, Taft discloses the method of claim 33, wherein the first set of anchoring arms comprises four interconnected cells (e.g., fig. 11A-C).
For claim 35, Taft discloses the method of claim 33, wherein crimping the medical implant causes the two or more cells to increase in length and decrease in width (compare fig. 4D with 4A-4C).
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 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 SUBA GANESAN whose telephone number is (571)272-3243. The examiner can normally be reached Monday-Friday, 8 AM - 5 PM Mountain Time.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jerrah Edwards can be reached 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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/SUBA GANESAN/Primary Examiner, Art Unit 3774
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