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 .
DETAILED ACTION
Election/Restrictions
Applicant’s election without traverse of group I, claims 1-6, 11, 13 and 14, Figs. 16A-16D in the reply filed on 07/08/2026 is acknowledged. Claims 7-10, 12 and 15-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention and species, there being no allowable generic or linking claim. Thus, claims 1-6, 11, 13 and 14 are presently pending in this application.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: Figs. 16A-16C fail to show body 302. Fig. 1C is not mentioned in the description. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 102
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.
(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 and 13 are rejected under 35 U.S.C. 102(a)(1) and 102 (a)(2) as being anticipated by Gregg et al. (2018/0110622) “Gregg”.
Regarding claim 1, Gregg discloses a delivery system 700 (Fig. 11A) comprising: an outer shaft 712 including a capsule 710 at a distal portion thereof (Fig. 11A), the capsule configured to restrain a prosthetic valve device 790 therein (par. 0098; Fig. 20A); an inner shaft 718 disposed within the outer shaft 712; and a first capture device 720 disposed between the outer shaft and the inner shaft (Fig. 11B), wherein the first capture device 720 is configured to retain a portion of the prosthetic valve device 790 (Fig. 20A), the first capture device comprising: a body including a central passage 721, a plurality of radial openings 723 (par. 0087; Fig. 13C) extending from the central passage radially outward to an outer surface of the body (par. 0087), and a plurality of slots 724 in the outer surface of the body; and a plurality of capture loops 726, each capture loop extending radially outward through a corresponding radial opening (par. 0087 disclose an array of apertures which receive the tether 726), each capture loop configured to extend through a portion of the prosthetic valve device (Fig. 23F), and a distal end of each capture loop configured to be releasably restrained in a corresponding slot of the plurality of slots 724 (par. 0088 discloses the tether 726 is received and restrained in the slots and are releasable until covered by sheath 716).
Regarding claim 2, Gregg discloses further comprising a middle shaft 716, wherein the first capture device is coupled to the middle shaft (Fig. 15A).
Regarding claim 13, Gregg discloses further comprising a pull wire 732 coupled to proximal ends of the plurality of capture loops, wherein the pull wire is slidable within the outer shaft such that increased tension on the pull wire tightens the capture loops and decreased tension in the pull wire creates slack in the capture loops (tethers 726 are received in hypotube 732, lever 738 is used to control the tension on the tethers via hypotubes 732; par. 0093) .
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.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Gregg et al. (2018/0110622) “Gregg” in view of Berra (2010/0030318).
Gregg discloses the claimed invention of claim 1; except for a second capture device, wherein one of the first and second capture devices is a proximal capture device and the other of the first and second capture devices is a distal capture device, wherein the proximal capture device is configured to releasably retain a first end of the prosthetic valve device and the distal capture device is configured to releasably retain a second end of the prosthetic valve device. However, Berra teaches a similar delivery system comprising a second capture device 634’’ (par. 0448; Fig. 178), wherein one of the first and second capture devices is a proximal capture device and the other of the first and second capture devices is a distal capture device, wherein the proximal capture device is configured to releasably retain a first end of the prosthetic valve device and the distal capture device is configured to releasably retain a second end of the prosthetic valve device (as shown in Fig. 179). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the delivery system in Gregg to include a second capture device, wherein one of the first and second capture devices is a proximal capture device and the other of the first and second capture devices is a distal capture device, wherein the proximal capture device is configured to releasably retain a first end of the prosthetic valve device and the distal capture device is configured to releasably retain a second end of the prosthetic valve device, as taught and suggested by Berra, for allowing the longitudinal forces subjected on the stent graft to be fully supported (par. 0448).
Allowable Subject Matter
Claims 3-6 and 11 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 following is a statement of reasons for the indication of allowable subject matter: the subject matter is allowable due to the limitations of “the first capture device further comprises a cover, the cover being rotatable between a first position in which the cover prevents the capture loops from escaping the slots and a second position in which the cover does not prevent at least some of the capture loops from escaping the slots” as set forth in claims 3 and 11, which has not been found anticipated by or obvious over prior art. The closest prior art of record of Gregg et al. (2018/0110622) “Gregg” in view of Berra (2010/0030318) fails to disclose these limitations.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YASHITA SHARMA whose telephone number is (571)270-5417. The examiner can normally be reached on 8am-5pm M-Th; 8am-4pm Fri (MT).
If attempts to reach the examiner by telephone are unsuccessful, the examiner' s supervisor, Jerrah Edwards, can be reached at 408-918-7557. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/YASHITA SHARMA/
Primary Examiner, Art Unit 3774
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