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 of Group I, claims 1-8, in the reply filed on 05/29/2026 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)). Claims 9-10 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Claim Objections
Claim 5 is objected to because of the following informalities:
In line 5, “and a top part thereof opposite to the bottom part” is assumed to be a typo. The examiner suggests amending this to be “and a top part of the first supporting member opposite to the bottom part of the first supporting member” and has been examined as such.
In line 6, “is concave inward” is assumed to be a typo. The examiner suggests amending this to be “is concaved inward” and has been examined as such.
In line 6, “and when the clamp is in a folded state” is assumed to be a typo. The examiner suggests amending this to be “the clamping arm” and has been examined as such.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 3, 4, and 6 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. In line 1, “before shaping” is a method step recited in a device claim. None of claims 1-3 recite or require a “shaping” step, thereby rendering the limitation indefinite since the scope of the limitation is unclear. Claims 4 and 6 are also rendered indefinite due to their dependency from indefinite claim 3.
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 1-3 and 5-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Abunassar et al. (US PG Pub No. 2021/0186698 A1).
Regarding claim 1, Abunassar discloses a heart valve clamp (Figs. 1-4 and 10-11, fixation device 104), comprising: a fixed arm mechanism (see annotated Fig. 1 below), comprising a fixed arm (Fig. 1, gripping elements 116 and 118); a clamping arm mechanism (see annotated Fig. 1 below), comprising a clamping arm base (Fig. 1, coupling member 174), a clamping arm (Figs. 1-4, arms 108 and 110), and a first supporting member (Fig. 4, wing extensions 162 and 163), wherein the clamping arm base (174) is connected (see annotated Fig. 1 below) to the fixed arm mechanism (see annotated Fig. 1 below), the clamping arm extends distally from the clamping arm base (see annotated Fig. 1 below); a width of the clamping arm (108 and 110) is a first width (see annotated Fig. 4 below), wherein the first supporting member (162 and 163) is connected to a distal end face of the clamping arm (see annotated Fig. 4 below, second end fillet 194) and extends distally in the extending direction of the clamping arm (see annotated Fig. 4 below), a width of the first supporting member is a second width (see annotated Fig. 4 below, 164), and the second width is greater than the first width (see annotated Fig. 4 below).
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Regarding claim 2, Abunassar discloses wherein, the first supporting member (162 and 163) is hollow in its central part to form a shape of a closed ring (see annotated Fig. 4 above).
Regarding claim 3, Abunassar discloses wherein, before shaping, an initial length of the first supporting member (see annotated Fig. 4 above) in the extending direction of the clamping arm (108 and 110) is greater than an initial width of the first supporting member (see annotated Fig. 4 above).
Regarding claim 5, Abunassar discloses wherein, the fixed arm mechanism (see annotated Figs. 10-11 below) is arranged inside the clamping arm mechanism (see annotated Figs. 10-11 below), an outer wall surface of the fixed arm (see annotated Figs. 10-11 below) is an arc-shaped surface (see annotated Figs. 10-11 below); a bottom part of the first supporting member (Fig. 4, first end 140, see annotated Figs. 10-11 below) connected to the clamping arm (108 and 110) and a top part of the first supporting member (Fig. 4, second end 142, see annotated Figs. 10-11 below) thereof opposite to the bottom part of the first supporting member (140) are both inclined outward (see annotated Figs. 10-11 below), and the central part of the first supporting member (Figs. 10-11, strut 236, see annotated Figs. 10-11 below) is concaved inward (see annotated Figs. 10-11 below); and when the clamping arm (104) is in a folded state (Figs. 10-11), the top part of the first supporting member (142) wraps around and fits over (see annotated Figs. 10-11 below) a distal end face of the fixed arm (see annotated Figs. 10-11 below), and a central part of the fixed arm (see annotated Figs. 10-11 below) protrudes into a hollow area of the first supporting member (see annotated Figs. 10-11 below).
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Regarding claim 6, Abunassar discloses wherein, a bottom part of the first supporting member (see annotated Figs. 10-11 above, 140) is provided with a first connecting member (see annotated Figs. 10-11 above) extending toward the clamping arm (108 or 110).
Regarding claim 7, Abunassar discloses wherein, the first supporting member (162 or 163) is integrally formed (Paragraph [0052], 108 comprises deformable frame 105 which includes 162 and 163, Fig. 4) with the clamping arm (108 or 110).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Abunassar et al. (US PG Pub No. 2021/0186698 A1).
Regarding claim 8, Abunassar, in the primary embodiment, fails to disclose wherein, the first supporting member (162 and 163) is provided with a second supporting member extending in the extending direction of the clamping arm. In another embodiment for the clamping arms (see annotated Fig. 7a below, 108 and 110), Abunassar discloses wherein, the first supporting member (see annotated Fig. 7a below, 162 and 163) is provided with a second supporting member extending in the extending direction of the clamping arm (see annotated Fig. 7a below, wing extension frame 224). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the primary embodiment of Abunassar wherein, the first supporting member is provided with a second supporting member extending in the extending direction of the clamping arm, as taught by the secondary embodiment of Abunassar, in order to increase compressibility of the clamping arm’s deformable frame (Paragraph [0060]).
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Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Abunassar et al. (US PG Pub No. 2021/0186698 A1) as applied to claim 3 above, and further in view of Delgado et al. (US PG Pub No. 2019/0060073 A1).
Regarding claim 4, Abunassar fails to disclose wherein, the first supporting member is oval-shaped. Delgado also discloses a heart valve clamp (Figs. 65-67, prosthetic space device 500), a first supporting member (Figs. 65-67, paddle frames 524), and a clamping arm (Figs. 65-67, outer paddles 520). Delgado teaches wherein, the first supporting member (524) is oval-shaped (Paragraph [0274], Figs. 65-67). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Abunassar’s first supporting member wherein, the first supporting member is oval-shaped, as taught by Delgado, in order to reduce lateral leaks (Paragraph [0274]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
DAI et al. (US PG Pub No. 2022/0314046 A1) teaches a clamp (Figs. 1-2) with a supporting member (Figs. 1-2, expandable arms 5), a fixed arm mechanism (Figs. 1-3, upper clamp assemblies 1), and a clamping arm mechanism (Figs. 1-3, lower clamp assemblies 2).
Dixon et al. (US PG Pub No. 2021/0145571 A1) teaches a clamp (Fig. 13, implantable prosthetic device 200) with a supporting member (Fig. 13, paddle frames 524), a fixed arm mechanism (Figs. 13, clasps 230, fixed arm 232), and a clamping arm mechanism (Figs. 13, paddles 220).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KARI L COCHRAN whose telephone number is (571)272-9637. The examiner can normally be reached Monday-Thursday 7:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Melanie Tyson can be reached at 5712729062. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/K.L.C./Patent Examiner, Art Unit 3774
/MELANIE R TYSON/Supervisory Patent Examiner, Art Unit 3774
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