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 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1 and 8-12 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Barbut et al (US 6,136,025, hereinafter “Barbut”).
Regarding claim 1, Barbut discloses a method for implanting an implantable medical device for cardiac assistance (col 6, ln 47-col 7, ln 2) comprising: arranging a first catheter within an aorta of a patient to deploy the implantable medical device within the aorta (col 6, ln 47-col 7, ln 2; col 8, ln 6-20), the implantable medical device including a main body (col 6, ln 47-col 7, ln 2 as shown in figure 1A), a lumen configured to maintain fluid flow through the aorta (col 6, ln 47-col 7, ln 2 as shown in figure 1A), and a portal in a sidewall of the main body providing access to the lumen (see figures 1D and 5; col 6, ln 47-col 7, ln 27 and col 8, ln 6-20 where the portal is either side opening of the stent) ; andarranging a second catheter within the portal to fluidly connect a branch member with the lumen (col 7, ln 14-27), the branch member including a pump configured to direct blood flow through the branch member and into the lumen (col 7, ln 3-col 8, ln 5).
Regarding claim 8, Barbut discloses disposing at least a portion of the branch member within an atrium of the aorta (col 7, ln 28-61; col 8, ln 6-col 9, ln 4).
Regarding claim 9, Barbut discloses disposing at least a portion of the branch member within a ventricle of the aorta (col 7, ln 28-61; col 8, ln 6-col 9, ln 4).
Regarding claim 10, Barbut discloses disposing at least a portion of the branch member within a left atrial appendage (col 7, ln 28-61; col 8, ln 6-col 9, ln 4).
Regarding claim 11, Barbut discloses a stent structure is coupled to the branch member and the method further comprises deploying the stent structure to stabilize the branch member within the aorta (col 7, ln 14-27).
Regarding claim 12, Barbut discloses engaging the pump with the branch member using one or more branch anchor elements (col 6, ln 47-col 7, ln 2).
Allowable Subject Matter
Claims 14-20 are allowed.
Claims 2-7 and 13 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Jarvik (US 2010/0249489 A1), Duarte (US 7,039,450 B2), Kassab (US 2014/0148751 A1) which all disclose known structures for cardiac assistance systems.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lindsey G Wehrheim whose telephone number is (571)270-5181. The examiner can normally be reached Monday - Friday 9 a.m. - 5 p.m. EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Niketa Patel can be reached at (571) 272-4156. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Lindsey G Wehrheim
Primary Examiner
Art Unit 3799
/LINDSEY G WEHRHEIM/Primary Examiner, Art Unit 3799 5/30/2026
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