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 a (Anchor) Species i (Fig. 1a-4b and only the anchor (120) of Fig. 25a-f, 26a-b, 27a-c, 28a-b, 49a-d, and 54-55c), Group b (handling system) Species ii (Fig. 20a-21e), Group c (Tensioner) Species I (Fig. 22a-b), and Group d (anchor delivery) Species x (Fig. 54-55c) in the reply filed on 11/24/25 is acknowledged.
Claims 579 and 582 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/24/25.
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)(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.
Claim(s) 565, 574, and 575 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Saadat et al. (2005/0251177).
Saadat discloses the following claimed limitations:
Claim 565: A system for use with a subject, comprising: a catheter device (60) (Fig. 4, 5a, and 13-15b, [0049], and [0076]) , comprising: a tube (64) (Fig. 4-5a and 13) that has: a distal opening (72 as seen in Fig. 5a where anchor 68 exits as seen in Fig. 8d) that is configured to be transluminally advanced into the subject (Fig. 6-8d where it is capable of performing this function), and a proximal end (70) that defines a proximal opening (Fig. 5a-b), and an extracorporeal unit (400) (Fig. 15a-15b) that is coupled to the proximal end of the tube (Fig. 13-15b and [0076] where the handle of the two devices of Fig. 4-5 are joined to form handle 200); and a series of anchors (68) (Fig. 15a-15b); a series of cartridges (300) (Fig. 15a-15b and [0091]) arranged along the extracorporeal unit (Fig. 15a-15b), each of the cartridges: having an initial position (Fig. 15a where the initial position is inside the casing 400) in which the cartridge holds a respective anchor (68) of the series of anchors (Fig. 15a-15b and [0091]), while remaining coupled to the extracorporeal unit (Fig. 15a-15b and [0090-93]), being moveable from the initial position to a deployment position ( where it is placed inside the handle Fig. 15a-15b and [0090-93]); and an anchor driver (76) that is configured to, for each of the anchors, sequentially: engage the anchor (Fig. 15b, [0082] and [0091-93]), and while the respective cartridge is in the deployment position (Fig. 15b, [0082] and [0091-93]), move the anchor out of the respective cartridge, through the proximal opening, and through the tube toward the distal opening (Fig. 15b, [0082] and [0091-93]).
Claim 574: wherein each of the cartridges is removable from the extracorporeal unit (Fig. 15a-b and [0091-93]).
Claim 575: wherein the anchor driver is configured to, for each of the anchors, move the anchor out of the respective cartridge, through the proximal opening, and through the tube toward the distal opening while the respective cartridge remains in the deployment position (Fig. 15a-b and [0091-93]).
Allowable Subject Matter
Claims 566-573, 576-578, 580-581, and 583-589 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.
The examiner tried to contact the attorney of record on 1/15/26 and 1/16/26 regarding a possible examiner’s amendment however the examiner was unable to reach the attorney.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited prior art when considered alone or in combination does not anticipate or make obvious the limitations of the objected claims.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DIANNE DORNBUSCH whose telephone number is (571)270-3515. The examiner can normally be reached Monday-Wednesday 9 am-3 pm.
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, Elizabeth Houston can be reached at (571) 272-7134. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DIANNE DORNBUSCH/Primary Examiner, Art Unit 3771