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 11/22/25 has been entered. Claim 14 has been amended. Claims 14-18 are addressed in the following office action.
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 14 and 16-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang (CN 203953729), cited in previous office action.
Regarding claim 14, an invention relating to occlusion devices, Wang discloses (Figs. 1-3) a left atrial appendage (LAA) closure device [i.e. occluder] that is deployed in an LAA, the LAA having a wall and an opening to the left atrium (Abstract & Par. 0035), comprising: an anchor portion that has a first segment (11) and a second segment (13) that are connected in spaced-apart manner by a first connector (12), the first segment and the second segment each having a diameter (see annotated figure below), the second segment is a single disc member (13), and wherein the first connector is sized to have a smaller diameter than the first segment and the second segment so that an annular space (N) is defined between the first segment and the second segment (Par. 0039-0040), and wherein each of the first segment and the second segment has a variable cross sectional area [i.e. the first segment has a different cross sectional area at location 1 and location 2 and the second segment has a different cross sectional area at location 3 and location 4 (see annotated figure below)]; a sealing portion (15 & 16) that is configured as a container having a cylindrical wall structure that has a diameter (see annotated figure below) that is greater than the diameter of the first segment (Par. 0039 & 0041); and a second connector (14) that connects the second segment and the sealing portion; wherein when the closure device is deployed inside an LAA, the first connector is positioned in a puncture opening in the LAA wall, the first segment positioned outside the LAA in the pericardial space, and the sealing portion is positioned adjacent the opening to the left atrium [Note, the limitation is an apparatus limitation, and is to be limited by the detailed structure. The remaining limitations relating to the use of the device in the LAA are considered functional limitations, indicating that the claimed device only need claimed structure to be used in such a manner. The Office submits that the device of “Wang” meets the structural limitations of the claim, and the “closure device” is structured to have “the first connector is positioned in a puncture opening in the LAA wall, the first segment positioned outside the LAA in the pericardial space, and the sealing portion is positioned adjacent the opening to the left atrium”] (Par. 0039 & 0044).
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Regarding claim 16, Wang discloses the device of claim 14. Wang further discloses wherein the sealing portion is formed from braided wires [i.e. weaving], and the ends of the braided wires are collected into a braided end (5 & 51; Par. 0037 & 0042).
Regarding claim 17, Wang discloses the device of claim 14. Wang further discloses wherein the first segment is a disk member (Par. 0041).
Regarding claim 18, Wang discloses the device of claim 14. Wang further discloses wherein the container has a diameter between 3mm to 300mm, and a height between 2mm to 500mm (Par. 0039).
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 15 is rejected under 35 U.S.C. 103 as being unpatentable over Wang (CN 203953729) as applied to claim 14 above, and further in view of VanTassel et al. (US 6,689,150), cited in previous office action.
Regarding claim 15, Wang discloses the device of claim 14. Wang further discloses (Fig. 4) wherein the container has an outer end adjacent the opening to the left atrium (Par. 0039 & 0044), and wherein the container has a variable cross-sectional area [i.e. the different diameters of elements 15 & 16]. However, Wang fails to disclose a variable cross-sectional area where the diameter gradually increases in a tapered manner from the second connector towards the outer end.
In the same field of endeavor, which is occluding devices, VanTassel teaches (Fig. 81) a container (40 & 852) having a variable cross-sectional area where the diameter gradually increases in a tapered manner from a second connector towards the outer end (856; see annotated figure below & Col. 23, lines 49-65).
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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 Wang to have a variable cross-sectional area where the diameter gradually increases in a tapered manner from the second connector towards the outer end. Doing so would provide a device that conforms to the ostium of the atrial appendage when installed, and allows blood to pass therethrough but substantially inhibits the passage of clots, thrombus, or emboli (Col. 23, lines 57-65), as taught by VanTassel.
Response to Arguments
Applicant's arguments filed 11/22/25 have been fully considered but they are not persuasive.
Applicant argues previously cited prior art reference Wang fails to disclose that each of the first segment and the second segment has a variable cross sectional area, and the second segment is a single disc member. Examiner respectfully disagrees.
Wang discloses (Figs. 1-3) wherein each of the first segment and the second segment has a variable cross sectional area [i.e. the first segment has a different cross sectional area at location 1 and location 2 and the second segment has a different cross sectional area at location 3 and location 4 (see annotated figure below)]. Also, it is well known in the art that a cylinder can be interpreted as a disc when the circumference is greater than the thickness as element 13 in figure 4 and paragraph 0039 exemplify. Furthermore, prior art reference Solem (US 2014/0163609) teaches a collapsible medical closing device from the same field of endeavor which details segments that can be disc or cylinder members (Par. 0107). Hence, the second segment being a single disc member would be obvious.
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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 Examiner Chima Igboko whose telephone number is (571)272-8422. The examiner can normally be reached on Monday-Friday 9:00am-6:00pm.
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Jackie Ho, 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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/C.U.I/ Examiner, Art Unit 3771
/ASHLEY L FISHBACK/Primary Examiner, Art Unit 3771 December 15, 2025