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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 7, 9, and 11 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 7 recites the limitation "the apical suture ring". There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 9, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claim 11, the phrase "for example" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
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, 2, 7, 8, 10, 11, and 12 rejected under 35 U.S.C. 102(a)(2) as being anticipated by Shahinpoor (US 6,464,655 B1).
Regarding claim 1, Shahinpoor discloses an implantable device for cardiac assistance by direct compression, comprising: a base forming a receptacle capable of receiving a lower part of a heart (col 6, ln 38-64; platform 1); a support for fixing the lower part of the heart to said base (col 6, ln 38-64; central platform 7), said support comprising a fixing arm and fasteners at the base, making it possible to adjust the position of said support on said base (col 6, ln 38-col 7, ln 31; central platform stem 8, central platform slots and pins 7a/b, and support washers 15a/b); at least one finger extending longitudinally between a free upper first end and a curved lower second end inside the base, said finger being mounted on said base by virtue of a first pivot connection (col 6, ln 38-col 7, ln 31; figure 1; compression fingers 3); a contact interface mounted adjustably and movably on said free end so that said interface can exert an adjustable pressure on a localized area of the epicardium, when said finger is moved by a tilting movement about said pivot connection (col 6, ln 38-col 7, ln 31; see figure 1; central platform slots and corresponding central platform pin 7a/b); means for actuating the tilting movement of said finger about said pivot connection (col 6, ln 38-col 7, ln 31; via actuation cable 9); and a unit for controlling said actuating means (col 6, ln 38-col 7, ln 31; see figure 1; control mechanisms via elements 12a/b).
Regarding claim 2, Shahinpoor discloses the means for actuating the tilting movement of said at least one finger about said pivot connection include a connecting rod and a sliding member one of the ends of which is in a second pivot connection with said connecting rod, itself in a third pivot connection with the lower second end of said finger, the other end of the sliding member being connected by means of a rigid or semi-rigid cable to a linear actuator belonging to the control unit (col 6, ln 38-col 7, ln 62, shown in figures 1 and 5a-b).
Regarding claim 7, Shahinpoor discloses the support for fixing the lower part of the heart to the base comprises an area for fastening the apical suture ring (col 6, ln 38-col 7, ln 31;figure 1, where Examiner considers the central platform to be capable of fastening an apical suture ring).
Regarding claim 8, Shahinpoor discloses the support for fixing the lower part of the heart to the base comprises at least one sensor for measuring the intracardiac pressure (col 6, ln 38-col 7, ln 31).
Regarding claim 10, Shahinpoor discloses the contact interface is fixed on the free first end of its finger by means of a fastener cooperating with a groove made in said end, so as to adjust the position of said interface along said end (col 6, ln 38-col 7, ln 31; see figure 1).
Regarding claim 11, Shahinpoor discloses the interface for contact of each finger with the epicardium is equipped with at least one sensor making it possible for example to measure the contact pressure (col 6, ln 38-col 7, ln 31).
Regarding claim 12, Shahinpoor discloses the computer is connected to an assembly of sensors internal or external to the cardiac assistance device, in order to adapt the frequency and the intensity of the contact pressure exerted by the first end of the fingers on the epicardium (col 6, ln 38-col 7, ln 62).
Allowable Subject Matter
Claims 3, 4, 5, and 6 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 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 4/3/2026
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