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 Invention II in the reply filed on 5/19/26 is acknowledged.
Claims 1-6 and 15-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Group, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 5/19/26.
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 7-12 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Srinimukesh et al US Patent 11,684,474 B2.
Srinimukesh et al discloses a replacement heart valve system (100), comprising a replacement heart valve implant (1010), comprising an expandable framework (1033) configured to shift between a radially collapsed configuration and a radially expanded configuration; and a plurality of valve leaflets (not shown) secured to the expandable framework. Wherein the expandable framework (1010) includes a tubular wall defining an inflow end and an outflow end, wherein the inflow end includes an attachment tab (214) extending radially inward from the tubular wall (See Fig. 3). The system also includes an implant delivery system (100) comprising a handle (110, see Fig. 1) and an elongate shaft (114) assembly extending distally from the handle (110) wherein a distal portion of the elongate shaft assembly includes an implant holding portion (202) configured to engage with the replacement heart valve implant in the radially collapsed configuration.
Regarding claim 8, the outer tubular member (114) extends distally from the handle (110) and an inner shaft (124) extending distally from the handle within the outer tubular member (114) to a distal tip (See Fig. 22).
Regarding claim 9, see Figs. 19 and 22 disclosing a proximal sheath (114) and a distal heath (118).
Regarding claim 10, see Fig. 27F, showing that the distal portion includes the inflow end of the heart valve.
Regarding claim 11, see Fig. 24 showing the stent holder (132) and the groove.
Regarding claim 12, see figure below for examiner’s interpretation of the slot aligned with the groove. Regarding the atraumatic transition shield (see the taper configuration of element 132 in Fig. 24.
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Allowable Subject Matter
Claims 13-14 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALVIN J STEWART whose telephone number is (571)272-4760. The examiner can normally be reached Monday-Friday 8:30AM-6PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thomas Barrett can be reached at 571-272-4746. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALVIN J STEWART/Primary Examiner, Art Unit 3799 7/28/26
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