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. 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. 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claim(s) 1-3, 5-11, 13-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Reich (20220287834) in view of Lenker (5843158). With regards to claim 1, Re i ch discloses a skirt ( 70 ) for an implantable prosthetic device ( 700 ) , comprising: an annular fabric matrix ( outer skirt 70; [0065], [0147] ) radially expandable from a radially compressed configuration to a first diameter upon application of a radially outwardly directed force via the implantable prosthetic device ([0046]) ; and a plurality of frangible restriction filaments ( 7 0 4 , 734 ) , and each restriction filament having a selected maximum diameter different from that of at least one of the other restriction filaments ([ 0 01 1 ] ; [0157-0158 ) . Reich fails to disclose each restriction filament being configured to break when a radially outwardly directed force applied to the restriction filament exceeds a predetermined threshold . In an alternat ive embodiment, Reich teaches restriction filament s (322) being configured to break when a radially outwardly directed force applied to the restriction filament exceeds a predetermined threshold ([104]) . It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Reich’s frangible restriction filaments (704 , 734 ) being configured to break when a radially outwardly directed force is applied to the restriction filaments , as taught by the alternative embodiment, in order to allow the force exerted by the prosthetic implant on the native anatomy to be calculated ([0045]). Reich as modified fails to disclose that the plurality of frangible restriction filaments are embedded in the annular fabric matrix. Le nker also discloses a n outer fabric matrix ( 92 ) for an implantable prosthetic device ( 90 ), and teaches incorporating the frangible reinforcing element in the liner (col 4 line s 20-29 ) . 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 modified Reich ’s skirt to have the plurality of frangible restriction filaments embedded in the fabric matrix , as taught by Lenker, in order to provide both the skirt and the frame with controlled expansion (col 3, line 57). With regards to claim 2, Reich as modified by Lenker discloses t he skirt of claim 1, wherein a first frangible restriction filament of the plurality of frangible restriction filaments ( 704 , 734 ) is configured to break when the radially outwardly directed force exceeds a first predetermined threshold to allow radial expansion of the annular fabric matrix to a second diameter ([102 , 103 ] , [151] , [0158] ) . With regards to claim 3, Reich as modified by Lenker discloses t he skirt of claim 2, wherein a second frangible restriction filament of the plurality of restriction filaments ( 704 , 734 ) is configured to break when the radially outwardly directed force exceeds a second predetermined threshold to allow radial expansion of the annular fabric matrix to a third diameter ([102 , 103 ] , [151] , [0158] ) . With regards to claim 5, Reich as modified by Lenker discloses t he skirt of claim 1, wherein the annular fabric matrix comprises woven polyethylene (PE) fabric ([0065]) . With regards to claim 6, Reich as modified by Lenker discloses the skirt of claim 1, wherein the frangible restriction filaments remain embedded within the fabric matrix after breaking ( since they are embedded within the fabric matrix ) . With regards to claim 7, Reich as modified by Lenker discloses t he skirt of claim 1, wherein the frangible restriction filaments are woven into the fabric matrix in an in-and-out pattern ([0156, 103] ; since they are woven in and out of the frame and the fabric matrix is disposed on the outer surface of the frame ) . With regards to claim 8, Reich as modified by Lenker discloses t he skirt of claim 1, wherein the predetermined threshold of force of each restriction filament of the plurality of frangible restriction filaments is the same ([0104]) . With regards to claim 9, Reich as modified by Lenker discloses t he skirt of claim 1, wherein the plurality of frangible restriction filaments are woven in the fabric matrix such that each frangible restriction filament is in a slackened state when a diameter of the fabric matrix is less than the maximum diameter of the frangible restriction filament (FIG 1 8 , 1 9 , [0098]) . With regards to claim 10, Reich discloses a skirt ( 7 0) for an implantable prosthetic device ( 700 ), comprising : an annular body (outer skirt 70; [0065], [0147]) configured to extend around a circumference of the prosthetic device ( 7 00 ) ; one or more sets of frangible restriction filaments (704, 734) coupled to the annular body ( 70 covers 704, 734, thereby coupled ) ; and wherein the annular body (70) is radially expandable from a radially compressed configuration to a first diameter upon application of a radially outwardly directed force via the implantable prosthetic device ([01 51 ]). Reich fails to disclose that the first set of frangible restriction filaments of the one or more sets of frangible restriction filaments is configured to break when the radially outwardly directed force exceeds a first predetermined threshold to allow radial expansion of the annular body to a second diameter . In an alternative embodiment, Reich teaches restriction filaments (322) being configured to break when a radially outwardly directed force applied to the restriction filament exceeds a predetermined threshold ([104]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Reich’s frangible restriction filaments being configured to break when a radially outwardly directed force is applied to the restriction filaments, as taught by the alternative embodiment, in order to allow the force exerted by the prosthetic implant on the native anatomy to be calculated ([0045]). Reich as modified fails to disclose the one or more set of frangible restriction filaments remain embedded within the annular body when broken . Lenker also discloses an annular body (92) for an implantable prosthetic device (90), and teaches incorporating the frangible reinforcing element in the liner (col 4 lines 20-29). 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 modified Reich’s annular body to have the plurality of frangible restriction filaments embedded therein such that they remain embedded within the annular body when broken , as taught by Lenker, in order to provide both the skirt and the frame with controlled expansion (col 3, line 57). With regards to claim 11, Reich as modified by Lenker discloses t he skirt of claim 10, wherein a second set of frangible restriction filaments of the one or more sets of restriction filaments ( 704 , 734 ) is configured to break when the radially outwardly directed force exceeds a second predetermined threshold to allow radial expansion of the annular body to a third diameter ([0102] , [ 0 151] , [0158] ) . With regards to claim 13, Reich as modified by Lenker discloses t he skirt of claim 10, wherein the annular body comprises woven polyethylene (PE) fabric ([0065]) . With regards to claim 14, Reich as modified by Lenker discloses the skirt of claim 10, wherein the sets of frangible restriction filaments are coupled to the annular body by weaving the sets of frangible restriction filaments into a weave of the annular body ([0156], [0103] ; since they are woven in and out of the frame and the annular body is disposed on the outer surface of the frame ) . With regards to claim 15, Reich as modified by Lenker t he skirt of claim 10, wherein the sets of frangible restriction filaments (704, 734) are coupled to the annular body using one or more sutures ([0155]). With regards to claim 16, Reich as modified by Lenker discloses t he skirt of claim 10, wherein each set of frangible restriction filaments ( 704 , 734 ) has a selected maximum diameter different from the selected maximum diameters of the other sets of frangible restriction filaments ([0104] , [ 0 151] , [0157] ) . With regards to claim 17, Reich as modified by Lenker discloses t he skirt of claim 10, wherein the skirt comprises first, second, and third sets of frangible restriction filaments ([0102], [ 0 151], [0157-0158], “ The process of expansion and breakage can continue until the prosthetic valve has reached a selected size" ). With regards to claim 18, Reich as modified by Lenker discloses t he skirt of claim 17, wherein the first set of frangible restriction filaments has a maximum diameter less than a maximum diameter of the second set of frangible restriction filaments, and wherein the third set of restriction filaments has a maximum diameter greater than the maximum diameters of the first and second sets ([ 0 151 ] , [0158] ) . With regards to claim 19, Reich as modified by Lenker discloses t he skirt of claim 10, wherein the sets of frangible restriction filaments ( 704 , 734 ) are disposed such that the filaments define a repeating pattern (FIG s 1 8-19 ) . Claim(s) 4, 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Reich (20220287834) and Lenker (5843158) as applied to claims 1 and 10 above, and further in view of Nordstrom ( 5895413 ). With regards to claim 4, Reich as modified by Lenker discloses t he skirt of claim 1, but fails to disclose wherein the plurality of frangible restriction filaments comprise at least one of polyurethane (PU) and silicon. However, Reich as modified by Lenker does disclose the plurality of frangible restriction filaments may be sutures ([0105], [0106], [0172]). Nordstrom also discloses a medical suture ( 16 ; col 2 line 2 ) and teaches that it is formed of silicone (col 1 line 67 ). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Reich’s plurality of frangible restriction filaments to comprise silicon, as taught by Nordstrom , since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended us as a matter of obvious design choice. In re Leshin , 125 USPQ 416 (note that the prior art does not need to disclose the limitation “ polyurethane ” to meet the claimed invention since the claim recites the limitations in the alternative only using the term “at least one of”). With regards to claim 12 , Reich as modified by Lenker discloses t he skirt of claim 10, but fails to disclose wherein the one or more sets of frangible restriction filaments comprise at least one of polyurethane (PU) and silicon . However, Reich as modified by Lenker does disclose the one or more sets of frangible restriction filaments may be sutures ([0105], [0106], [0172]). Nordstrom also discloses a medical suture (16; col 2 line 2) and teaches that it is formed of silicone (col 1 line 67). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Reich’s one or more sets of frangible restriction filaments to comprise silicon, as taught by Nordstrom, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended us as a matter of obvious design choice. In re Leshin , 125 USPQ 416 (note that the prior art does not need to disclose the limitation “ polyurethane ” to meet the claimed invention since the claim recites the limitations in the alternative only using the term “at least one of”). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT RENEE FLORENCIA NERENBERG whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-9599 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT M-F 7:30-5 . 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, FILLIN "SPE Name?" \* MERGEFORMAT Melanie Tyson can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT (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. /R.F.N./ Patent Examiner, Art Unit 3774 /MELANIE R TYSON/ Supervisory Patent Examiner, Art Unit 3774