Prosecution Insights
Last updated: April 19, 2026
Application No. 18/302,380

Shunt To Avoid Ventricle Overload And Conduit For Lead Placement

Non-Final OA §103
Filed
Apr 18, 2023
Examiner
BAUTISTA, ADRIANA GISELLE
Art Unit
3774
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
St. Jude Medical
OA Round
1 (Non-Final)
Grant Probability
Favorable
1-2
OA Rounds
3y 2m
To Grant

Examiner Intelligence

Grants only 0% of cases
0%
Career Allow Rate
0 granted / 0 resolved
-70.0% vs TC avg
Minimal +0% lift
Without
With
+0.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
12 currently pending
Career history
12
Total Applications
across all art units

Statute-Specific Performance

§103
59.4%
+19.4% vs TC avg
§102
31.3%
-8.7% vs TC avg
§112
9.4%
-30.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 0 resolved cases

Office Action

§103
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 . Claim Objections Claim 17 is objected to because of the following informality: There appears to be a typographical error. Claim 17 reads “…wherein the bioabsorbable member is a wire that wraps around the two ends of the closure member within the sheath” in lines 1-2. This line should instead read “…wherein the bioabsorbable member is a wire that wraps around the two ends of the closure member”. Appropriate correction is required. 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. Claims 1-7, 10, and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Vidlund et al. (US 20220087814 A1), herein after referred to as Vidlund (2022), in view of Vidlund et al. (US 20210315694 A1), herein referred to as Vidlund (2021). Regarding claim 1, Vidlund (2022) discloses a prosthetic heart valve system (200) for replacing a native right atrioventricular valve (paragraphs 0042-0043 disclose a prosthetic heart valve system 200 for the right atrioventricular valve with an inflow or atrial end and an outflow or ventricular end), the system comprising: a collapsible and expandable (paragraph 0004 discloses a prosthetic heart valve with a collapsible and expandable outer frame) anchor frame (paragraph 0042 discloses that an outer frame 201 comprises anchor members 202/204) including: a support frame (201) that has a central portion (see fig. 2b annotated below), and an atrial portion and ventricular portion each flared radially outwardly from the central portion (paragraph 0028 discloses an atrial portion and ventricular portion flaring radially outwardly from a central portion as seen in fig.2b), the atrial and ventricular portions sized to sandwich an annulus of the right atrioventricular valve therebetween (paragraph 0028 discloses a central portion situated in contact with the native valve annulus); an atrial sheet coupled to the atrial portion of the support frame and extending radially inwardly to a central aperture in the atrial sheet (fig. 2a annotated below illustrates an atrial sheet S coupled to the atrial portion of the support stent and extending radially to a central aperture in the sheet), the atrial sheet being formed of a material that is substantially impermeable to blood (paragraph 0026 discloses the disclosed fabrics or tissue skirts provide a seal around the heart valve, thereby substantially impermeable to blood as claimed); and a generally cylindrical leaflet support structure (fig. 2a annotates bellow illustrates a generally cylindrical leaflet support structure 205), an inflow end of the leaflet support structure coupled to the atrial sheet (fig. 2a illustrates the inflow end of the leaflet support structure 205 coupled to the atrial sheet S). Vidlund (2022) fails to disclose that the atrial sheet defines an opening positioned radially outside of the leaflet support structure so that blood flowing around an exterior of the leaflet support structure can pass through the opening. PNG media_image1.png 546 627 media_image1.png Greyscale PNG media_image2.png 552 695 media_image2.png Greyscale Vidlund (2021) also discloses a prosthetic heart valve system (100) for replacing a native right atrioventricular valve (paragraph 0152 discloses and fig. 1 illustrates an upper and lower portion that permits blood flow from the atrium to the ventricle through the inflow end 132 of the prosthetic heart valve 100), the system comprising: a collapsible and expandable anchor frame (paragraph 0082 discloses and fig. 1 illustrates an expandable frame 102 with anchor members 268/270) including: a support frame that has a central portion (fig. 1 annotated below), and an atrial portion and ventricular portion each flared radially outwardly from the central portion (paragraph 0093 discloses that the annular support frame may have both a flared top and bottom and fig. 1 annotated below illustrates a ventricular portion flared radially outward from the central portion), the atrial and ventricular portions sized to sandwich an annulus of the right atrioventricular valve therebetween (paragraph 0086 discloses a central portion or annular support frame 102 that is seated on the native valve annulus), and an atrial sheet (137). Vidlund (2021) teaches the atrial sheet defines an opening (135) positioned radially outside of the leaflet support structure so that blood flowing around an exterior of the leaflet support structure can pass through the opening (fig. 1 illustrates an opening positioned radially outside of the leaflet support structure 231 so that blood flowing around an exterior of the leaflet support structure can pass through the opening). PNG media_image3.png 719 978 media_image3.png Greyscale 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 atrial sheet of Vidlund (2022) to define an opening (135) positioned radially outside of the leaflet support structure so that blood flowing around an exterior of the leaflet support structure can pass through the opening as taught by Vidlund (2021) in order to provide a means for managing and providing levels of intentional regurgitation in the implanted prosthetic heart valve (Vidlund 2021, paragraph 0002). Regarding claim 2, Vidlund (2022) in view of Vidlund (2021) disclose the invention as claimed as discussed with respect to claim 1. Vidlund (2022) further discloses that the leaflet support structure (205) is the central portion of the support frame (fig. 2a illustrates a leaflet support structure 205 in the center portion of the support frame), and that an outer sealing fabric (S) extends between the atrial and ventricular portions of the support frame (paragraphs 0026 and 0040 describing the sealing fabric S may be included on the inner frame 205, outer frame 201, and may be formed of multiple pieces of material over the luminal and abluminal surfaces of both frames). Regarding claim 3, Vidlund (2022) in view of Vidlund (2021) disclose the invention as claimed as discussed with respect to claim 1. Vidlund (2022) further discloses that the support frame (201) is an outer stent (paragraph 0045 discloses that the support frame or outer frame is a stent), and the leaflet support structure (205) is an inner stent (paragraph 0048 discloses that an expandable inner stent/frame 205 may be positioned radially within the outer stent/frame 201). Regarding claim 4, Vidlund (2022) in view of Vidlund (2021) disclose the invention as claimed as discussed with respect to claim 1. Vidlund (2022) further discloses that the support frame (201) is an outer stent, and the leaflet support structure (205) is a fabric tube (Paragraph 0045 discloses a support frame 201 that is an outer stent. Paragraph 0040 discloses a fabric may extend over the luminal and abluminal surfaces of the outer frame 201 and that an inner frame 205 with leaflets L coupled to its interior may be positioned radially within the luminal surface of outer frame 201). Regarding claim 5, Vidlund (2022) in view of Vidlund (2021) disclose the invention as claimed as discussed with respect to claim 1. Vidlund (2022) further discloses a ventricular sheet coupled to the ventricular portion of the support frame extending radially inwardly to a central aperture in the ventricular sheet (fig. 2b illustrates a sheet S extending from a flared ventricular portion radially inwardly to a central aperture, down a central portion, and out towards an atrial aperture and flared portion as seen in fig. 2a). Vidlund (2021) further teaches the opening (135) is surrounded by a tube (139) having a lumen to form a shunt (see Fig. 4) in order to direct blood through the opening (135). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have provided Vidlund’s (2022) modified device with a tube extending from the opening in the atrial sheet to an opening in the ventricular sheet radially outside of the leaflet support structure to form a shunt in order to enable blood to flow through the opening as is taught by Vidlund (2021). Regarding claim 6, Vidlund (2022) in view of Vidlund (2021) disclose the invention as claimed as discussed with respect to claim 4. Vidlund (2022) further discloses a collapsible and expandable prosthetic heart valve including a stent and a plurality of prosthetic leaflets (paragraphs 0048-0049 discloses a collapsible/expandable prosthetic heart valve including a stent 205 and a plurality of prosthetic leaflets L), the prosthetic heart valve configured to be expanded into and received within the fabric tube of the anchor frame (paragraph 0040 discloses a fabric may extend over the luminal and abluminal surfaces of the outer frame 201 and that an inner frame 205 with leaflets L coupled to its interior may be positioned radially within the luminal surface of outer frame 201). Regarding claim 7, Vidlund (2022) in view of Vidlund (2021) disclose the invention as claimed as discussed with respect to claim 1. Vidlund (2022) further discloses a plurality of prosthetic leaflets directly coupled to the leaflet support structure forming a valve (fig. 2a illustrates a plurality of prosthetic leaflets L directly coupled to the leaflet support structure 205) that allows blood to flow from the inflow end of the leaflet support structure to the outflow end of the leaflet support structure, but generally blocks blood from flowing from the outflow end of the leaflet support structure to the inflow end of the leaflet support structure (function of a heart valve). Regarding claim 10, Vidlund (2022) in view of Vidlund (2021) disclose the invention as claimed as discussed with respect to claim 1. Vidlund (2022) as modified fails to disclose a radiopaque marker coupled to the atrial sheet adjacent to the opening. Vidlund (2021) further teaches a radiopaque marker coupled to the sheet adjacent to the opening (fig. 11 illustrates radiopaque markers 144 couples to a sheet or cover 137 adjacent to an opening 135). 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 prosthetic heart valve system of Vidlund (2022) in view of Vidlund (2021) to further include radiopaque markers coupled to the sheet adjacent to the opening as further taught by Vidlund (2021) in order to guide a delivery devices such as a catheter cutting or balloon tool (Vidlund 2021, paragraph 0105) and provide positioning information of the valve or the perforation (Vidlund 2021, paragraph 0106). Regarding claim 18, Vidlund (2022) in view of Vidlund (2021) disclose the invention as claimed as discussed with respect to claim 5. Vidlund (2021) further teaches that the tube (139) forming the shunt is cylindrical (fig. 4). Regarding claim 19, Vidlund (2022) in view of Vidlund (2021) disclose the invention as claimed as discussed with respect to claim 5. Vidlund (2022) as modified fails to disclose the tube (139) forming the shunt is bean-shaped in transverse cross-section. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have provided the tube forming the shunt having a bean-shaped in transverse cross-section because Applicant has not disclosed that a bean-shaped in transverse cross-section provides an advantage, is used for a particular purpose, or solves a stated problem. One of ordinary skill in the art, furthermore, would have expected Vidlund’s device, and applicant’s invention, to perform equally well with either the cylindrical shape taught by Vidlund, the claimed bean-shape, or any other suitable shape because Applicant discloses both shapes, as well as other shapes, are suitable (paragraphs 0008 and 0068) and both shapes would perform the same function of a shunt for blood flow. Finally, a person having ordinary skill in the art, being faced with modifying the shape of Vidlund’s tube as needed for the intended application, would have a reasonable expectation of success in making such a modification and it appears the device would function as intended given the claimed shape. Therefore, it would have been prima facie obvious to modify Vidlund to obtain the invention as specified in claim 19 because such a modification would have been considered a mere design consideration which fails to patentably distinguish over the prior art of Vidlund. Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Vidlund (2022) in view of Vidlund (2021) as applied to claim 5 above, and further in view of Amplatz et al. (US 20050228434 A1). Regarding claim 8, Vidlund (2022) in view of Vidlund (2021) disclose the invention as claimed as discussed with respect to claim 5. Vidlund (2021) further teaches an occluder configured to be received within the shunt and to limit blood flow across the shunt (paragraph 0104 discloses the flow modifier can be an occluder). Vidlund (2022) in view of Vidlund (2021) fails to disclose the occluder formed of a braided mesh of metal strands. Amplatz discloses an occluder (10). Amplatz teaches the occluder (10) is configured to be received within a shunt and to seal blood flow across the shunt (paragraphs 0047-0048; function of an occluder), the occluder being formed as a braided mesh of metal strands (paragraph 0018 discloses and fig. 3 illustrates an occluder 10 formed of braided metal strands). 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 occluder of Vidlund (2022) in view of Vidlund (2021) to include an expandable occluder formed of a braided mesh of braided metal strands, as taught by Amplatz, in order to seal or substantially stop the flow of blood through the shunt (Amplatz paragraph 0059). Claims 9 and 20 are rejected under 35 U.S.C. 103 as being unpatentable Vidlund (2022) in view of Vidlund (2021) as applied to claim 5 above, and further in view of Nitzan et al. (US 11135054 B2). Regarding claim 9, Vidlund (2022) in view of Vidlund (2021) disclose the invention as claimed as discussed with respect to claim 5. Vidlund (2021) further teaches an expandable stent configured to be received within the shunt and to limit blood flow across the shunt (paragraph 0104 discloses the flow modifier can be a stent). Vidlund (2022) in view of Vidlund (2021) fail to disclose the expandable stent having an hourglass shape. Nitzan also teaches an expandable stent (col. 5 lines 9-12 disclose a stent transitioning from a collapsed to expanded state). Nitzan further teaches the stent (110) configured to be received within the shunt and to limit blood flow across the shunt the stent having an hourglass shape (col. 8 lines 26-29 disclose and fig. 1a illustrates a stent 110 with a first 102 and second flared region 106 forming an hourglass shape. 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 prosthetic heart valve of Vidlund (2022) in view of Vidlund (2021) to include an expandable stent having an hourglass shape in order to limit or choose a desirable rate of blood flow (Nitzan col. 8 39-46). Regarding claim 20, Vidlund (2022) in view of Vidlund (2021) disclose the invention as claimed as discussed with respect to claim 5. Vidlund (2021) discloses a shunt (135). Vidlund (2022) in view of Vidlund (2021) fails to disclose a semi-permeable membrane positioned within the shunt. Nitzan also discloses a shunt (100). Nitzan teaches a semi-permeable membrane positioned within the shunt (col. 17 lines 53-59 disclose a covering or sheets of semi-permeable membranes such as animal tissues). 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 prosthetic heart valve of Vidlund (2022) in view of Vidlund (2021) to include a semi-permeable membrane positioned within the shunt as taught by Nitzan in order to form a strong continuous coating that covers the inner and outer surfaces on the stent (col. 17 line 67 – col. 18 line 1). Claims 11 is rejected under 35 U.S.C. 103 as being unpatentable over Vidlund (2022) in view of Vidlund (2021) as applied to claim 5 above, and further in view of Pavcnik et al. (US 7918882 B2) and Kocur et al. (US 6350277 B1). Regarding claim 11, Vidlund (2022) in view of Vidlund (2021) fails to disclose a closure member coupled to the shunt, the closure member including a bioabsorbable member maintaining the closure member in an open condition in which blood is free to flow through the shunt. Pavcnik also discloses a prosthetic heart valve system (10, col. 2 lines 6-10). Pavcnik teaches a closure member (col. 1 lines 40-42 discloses and fig. 26 illustrates a frame 11 that opens and closes in absence of backflow) and the closure member (11) including a member (121) maintaining the closure member in an open condition in which blood is free to flow through (col. 12 lines 42-46). 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 prosthetic heart valve system of Vidlund (2022) in view of Vidlund (2021) to include a closure member as taught by Pavcnik in order to regulate or augment the normal flow of blood (Pavcnik col. 2 lines 6-10) and include a member maintaining the closure member in an open condition in order to reach a desired closure or frame configuration (Pavcnik col. 12 lines 42-46). Pavcnik fails to disclose that the member maintaining the closure member in an open condition is specifically bioresorbable. Kocur discloses stents that are well known in maintaining patency of bodily vessels and other bodily lumens. Kocur teaches a bioresorbable member (Kocur teaches bioresorbable members 115a that maintain a stent at a first diameter and after a predetermined time the bioresorbable members degrade and release the stent col. 1 lines 65-67 and col. 2 lines 1-9). 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 Vidlund (2022) in view of Vidlund (2021) and Pavcnik to provide the member from bioresorbable material as taught by Kocur in order to have the member fail after a predetermined period of time (Pavcnik col. 2 lines 4-7). Claims 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Vidlund (2022) in view of Vidlund (2021), Pavcnik, and Kocur as applied to claim 11 above, and in further view of Moaddeb et al. (US 20070142907 A1). Regarding claim 12, Vidlund (2022) in view of Vidlund (2021), Pavcnik and Kocur disclose the invention as claimed as discussed with respect to claim 11. Pavcnik further teaches that the closure member is formed of a shape-memory material (col. 7 lines 21-25 disclose a closure member 11 may be formed of nitinol) and that the closure member includes two sides and two apices (fig. 26 annotated below illustrates a closure member 11 with 2 apices), the two sides capable of nesting with each other in the absence of applied forces (due to flexibility and shape-memory material). PNG media_image4.png 517 694 media_image4.png Greyscale Pavcnik fails to disclose that the two sides are specifically "C"- shaped. Moaddeb also discloses a closure member (206) coupled to the shunt (fig. 2a illustrates a closure member 206 coupled to a tubular structure). Although Moaddeb fails to teach a closure member coupled to a shunt specifically, the structure of the prosthetic heart valve (200) is analogous to a shunt given its tubular structure and lumen. Moaddeb teaches a closure member (paragraph 0094 discloses a closure members made of shape memory polymers and alloys to create a valve capable of contracting) including a c-shape side (paragraph 0108 and fig. 12a disclose adjustable rings may comprise a variety of shapes). 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 prosthetic heart valve system of Vidlund (2022) in view of Vidlund (2021), Pavcnik, and Kocur to include c-shape sides as taught by Moaddeb in order to prevent paravalvular leakage due to sub-optimal implant shape (Moaddeb paragraph 0009). Regarding claim 13, Vidlund (2022) in view of Vidlund (2021), Pavcnik, Kocur, and Moaddeb disclose the invention as claimed as discussed with respect to claim 12. Pavcnik further teaches the member (121) connected to the two apices of the closure member (fig. 26 annotated above) and that the member maintains the closure member in an open condition (col. 12 lines 42-46) in which the two ‘C’-shaped sides form a generally circular passageway (provided by two-C-shaped sides) and the combination yields the tube of the shunt passing through the generally circular passageway (since it is within the modified opening). Although Pavcnik does not specifically include a wire connected to the two apices, Pavcnik discloses suture or thread that has a structure analogous to a wire. Claim 11 and 14-17 are rejected under 35 U.S.C. 103 as being unpatentable over Vidlund (2022) in view of Vidlund (2021) as applied to claim 5 above, and further in view of Moaddeb et al. (US 20070142907 A1) and Kocur (US 6350277 B1). Regarding claim 11, Vidlund (2022) in view of Vidlund (2021) fails to disclose a closure member coupled to the shunt, the closure member including a bioabsorbable member maintaining the closure member in an open condition in which blood is free to flow through the shunt. Moaddeb also discloses a prosthetic heart valve system (200). Moaddeb teaches a closure member (fig. 2a illustrates a closure member 206 coupled to a tubular structure). Although Moaddeb fails to teach a closure member coupled to a shunt specifically, the structure of the prosthetic heart valve (200) comprises an inner tubular structure analogous to a shunt. Moaddeb further teaches in an alternate embodiment that a member (1620) maintains the closure member in an open condition in which blood is free to flow through the shunt (paragraph 0163 discloses a member 1620 that prevents undesired changes in an adjustable member 1000). 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 prosthetic heart valve system of Vidlund (2022) in view of Vidlund (2021) to include a member that maintains the closure member in an open condition in which blood is free to flow through the shunt as taught by Moaddeb in order to prevent undesirable changes in an adjustable member (paragraph 0163). However, Moaddeb fails to teach that the member is specifically bioresorbable. Kocur discloses stents that are well known in maintaining patency of bodily vessels and other bodily lumens. Kocur teaches bioresorbable members (Kocur teaches bioresorbable members 115a that maintain a structure at a first diameter and after a predetermined time the bioresorbable members degrade and release the structure col. 1 lines 65-67 and col. 2 lines 1-9). 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 prosthetic heart valve system of Vidlund (2022) in view of Vidlund (2021) and Moaddeb to form the member of bioresorbable material as taught by Kocur in order to have the member fail after a predetermined period of time (col. 2 lines 4-7). Regarding claim 14, Vidlund (2022) in view of Vidlund (2021), Moaddeb, and Kocur discloses the invention as claimed as discussed with respect to claim 11. Moaddeb further teaches that the closure member (206) is formed of a shape-memory material (paragraph 0013 discloses that closure members may be formed of shape memory materials such as nitinol). In an alternate embodiment, Moaddeb discloses a closure member having a closed condition in the absence of applied forces (figs. 14a-14b illustrate a closure member 1424 that contracts or closes), the closure member forming a spiral shape with an interior diameter when in the closed condition (paragraph 0161 disclose and figs. 14a-14b further illustrate that a closure member 1424 forms a spiral with an interior diameter when contracted or closed). 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 prosthetic heart valve of Vidlund (2022) in view of Vidlund (2021), Moadebb, and Kocur to include a closure member that forms a spiral with an interior diameter when contracted or closed as taught by Moaddeb in order to contract upon activation to a dimension smaller than the initial dimension (paragraph 0161). Regarding claim 15, Vidlund (2022) in view of Vidlund (2021), Moaddeb, and Kocur discloses the invention as claimed as discussed with respect to claim 14. Moaddeb teaches that in the open condition of the closure member (1424), two ends of the closure member overlap (figs. 14a-14b illustrate the two ends of a closure member overlapping). Moaddeb further teaches that the interior diameter of the closure member in the open condition is larger than the interior diameter of the closure member in the closed condition (fig. 14a illustrates that the inner diameter of the closure member 1424 is larger when in an open condition than then diameter of when the closure member 1424 when in a contracted or closed condition as seen in fig. 14b). Moaddeb's embodiment of a closure member (1424) in figs. 14a-b fails to disclose a closure member in which the two ends are coupled together by the bioabsorbable member. Moaddeb teaches a closure member (1600) in an alternate embodiment (figs. 16a-16b) in which the two ends of the closure member are coupled together by member (1620). 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 prosthetic heart valve of Vidlund (2022) in view of Vidlund (2021), Moaddeb, and Kocur to include that two ends of the closure member are coupled together by the bioresorbable member so that an interior diameter in the open condition is larger than the interior diameter of the closure member in the closed condition as further taught by Moaddeb in order to prevent changes in the adjustable element (Moaddeb paragraph 0163). Regarding claim 16, Vidlund (2022) in view of Vidlund (2021), Moaddeb, and Kocur discloses the invention as claimed as discussed with respect to claim 15. Moaddeb teaches a member that receives the two ends of a closure member (fig. 16a illustrates a member 1620 receiving the ends of a closure member 1610). Moaddeb does not specifically state the bioresorbable member is a sheath. However, the member (1620) receives/covers the ends of the closure member (1610) to prevent movement similar to the sheath disclosed in the present application. 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 prosthetic heart valve of Vidlund (2022) in view of Vidlund (2021), Moaddeb, and Kocur to provide the bioresorbable member as a sheath that receives the two ends of the closure member as taught by Moaddeb in order to prevent undesirable changes in an adjustable member (Moaddeb paragraph 0163). Regarding claim 17, Vidlund (2022) in view of Vidlund (2021), Moaddeb, and Kocur discloses the invention as claimed as discussed with respect to claim 15. Moaddeb teaches that the member wraps around the two ends of the closure member (fig. 16a illustrates a member 1620 that wraps around the ends of a closure member 1610). Moaddeb’s embodiment in fig. 16a fails to disclose that the bioresorbable member is a wire. Moaddeb further teaches that a wire wraps around the closure member (fig. 13a illustrates a wire 1320 wrapping around a closure member 1310). 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 prosthetic heart valve of Vidlund (2022) in view of Vidlund (2021), Moaddeb, and Kocur to provide the bioresorbable member as a wire as taught by Moaddeb in order to enable proper adjustment (Moaddeb paragraphs 0158-159). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADRIANA BAUTISTA whose telephone number is (571)272-0927. The examiner can normally be reached Monday-Friday 7:30am-5:00pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /A.G.B./Examiner, Art Unit 3774 /MELANIE R TYSON/Supervisory Patent Examiner, Art Unit 3774
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Prosecution Timeline

Apr 18, 2023
Application Filed
Feb 02, 2026
Non-Final Rejection — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
Grant Probability
3y 2m
Median Time to Grant
Low
PTA Risk
Based on 0 resolved cases by this examiner. Grant probability derived from career allow rate.

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