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 .
Allowable Subject Matter
Claim 2, 4-7 and 9-10 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.
Regarding Claim 2, Levi et al. does not expressly disclose nor render obvious wherein each wide cell comprises two outflow vertical struts extending from the second-length proximal struts.
Regarding Claim 4, Levi et al. discloses wherein the plurality of wide cells comprises three wide cells in the first cell row (as seen in Figure 5 and paragraph [0045]). However, Levi et al. does not expressly disclose nor render obvious wherein the plurality of narrow cells of each of the second and third cell rows comprises nine narrow cells in each of the second and third cell rows.
Regarding Claim 5, Levi et al. discloses wherein the plurality of wide cells comprises six wide cells in the first cell row (as seen in Figure 5). However, Levi et al. does not expressly disclose nor render obvious wherein the plurality of narrow cells of each of the second and third cell rows comprises eighteen narrow cells in each of the second and third cell rows.
Regarding Claim 6, Levi et al. does not expressly disclose nor render obvious wherein each wide cell comprises three distal junctions, two free junctions, and six distal struts arranged in a zig-zagged pattern between the distal junctions and the free junctions of the wide cell. Claim 7 is dependent on claim 6.
Regarding Claim 9, Levi et al. does not expressly disclose nor render obvious wherein the width of each wide cell row is five times as great as the width of any narrow cell.
Regarding Claim 10, Levi et al. does not expressly disclose nor render obvious wherein the width of each wide cell row is six as great as the width of any narrow cell.
Claims 11-21 are allowed. The following is a statement of reasons for the indication of allowable subject matter:
Regarding Claim 11, the closest prior art Levi et al. U.S. Publication 2015/0230923 discloses a prosthetic valve (abstract and as seen in Figure 5) comprising: a frame 102 having an inflow end 103 and an outflow end 105 (see Figure 4 and paragraphs [0036] and [0043]), wherein the frame 102 is movable between a radially compressed and a radially expanded state (paragraph [0040]), the frame comprising a first cell row comprising a plurality of cells, the plurality of the first cell row comprising a plurality of wide cells (as seen in Figure 5), and a plurality of narrow cells that defines a second outflow apex and comprises two first-length proximal struts diverging therefrom; a second cell row comprising a plurality of narrow cells (in rows III to IV), wherein each narrow cell of the second cell row is directly coupled to two adjacent narrow cells of the second cell row (as seen in Figure 5), a third cell row comprising a plurality of narrow cells (rows II to III), wherein each narrow cell of the third cell row is directly coupled to two adjacent narrow cells of the third cell row; wherein each cell of the first cell row is directly coupled to two other adjacent cells of the first cell row (as seen in Figure 5); wherein the number of narrow cells in the second cell row (rows III to IV) is identical to the number of narrow cells in the third cells row (rows II to III); wherein all of the narrow cells the second cell row and the third cell row, have the same height and the same width; and wherein the width of each wide cell of the first cell row is at least twice as great as the width of any narrow cell. However, Levi et al. does not expressly disclose the first cell row comprising a plurality of wide and plurality of narrow cells, wherein each wide cell defines a single first outflow apex and comprises exactly two second-length proximal struts diverging therefrom. In addition, Levi does not expressly disclose nor render obvious wherein the first cell row comprises narrow cells having the same height and the same width as the narrow cells in the second row and third row.
Regarding Claim 18, the closest prior art Levi et al. U.S. Publication 2015/0230923 discloses a prosthetic valve (abstract and as seen in Figure 5) comprising: a frame 102 having an inflow end 103 and an outflow end 105 (see Figure 4 and paragraphs [0036] and [0043]), wherein the frame 102 is movable between a radially compressed and a radially expanded state (paragraph [0040]), a first cell row comprising three wide cells (as seen in Figure 5, paragraph [0045], Levi discloses removing the struts 132 to increase the cell size 140 to promote compact crimping of the prosthetic valve) and wherein each wide cell of the first cell row is directly coupled to two other adjacent wide cells of the first cell row (as seen in Figure 5) and a second cell row (rows III to IV) comprising of narrow cells, wherein each narrow cell of the second cell row is directly coupled to two adjacent narrow cells of the second cell row (as seen in figure 5) and a third row of cells (rows II to III), wherein all of the narrow cells of the second cell row and the third cell row have the same height and the same width (as seen in Figure 5); wherein the width of each wide cell of the first cell row is at least twice as great as the width of any narrow cell (as seen in Figure 5). However, Levi et al. does not expressly disclose nor render obvious wherein each wide cell defines a single outflow apex and comprises exactly two second-length proximal struts diverging therefrom; a second cell row comprising six narrow cells, a third cell row comprising six narrow cells, wherein each narrow cell of the third cell row is directly coupled to two adjacent narrow cells of the third cell row; and an intermediate cell row disposed between the first cell row and the second cell row, the intermediate cell row comprising three narrow cells; wherein none of the narrow cells of the intermediate cell row is directly connected to any other narrow cell of the intermediate cell row.
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) 1 and 3 and 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Levi et al. U.S. Publication 2015/0230923 A1.
Regarding Claim 1, Levi et al. discloses a prosthetic valve (abstract and as seen in Figure 5), comprising: a frame 102 having an inflow end 103 and an outflow end 105 (see Figure 4 and paragraphs [0036] and [0043]), wherein the frame 102 is movable between a radially compressed and a radially expanded state (paragraph [0040]), the frame comprising: a first cell row 140 comprising a plurality of wide cells (Figure 5, IV-V), wherein each wide cell 140 defines a single outflow apex and comprises two second-length proximal struts diverging therefrom (as seen in Figure 5), and wherein each wide cell 1440 of the first cell row is directly coupled to two other adjacent wide cells 140 of the first cell row; a second cell row (Figure 5, see rows III-IV) comprising a plurality of narrow cells 138, wherein each narrow cell 138 of the second cell row is directly coupled to two adjacent narrow cells 138 of the second cell row; a third cell row (see Figure 5, rows II-III) comprising a plurality of narrow cells 138, wherein each narrow cell 138 of the third cell row is directly coupled to two adjacent narrow cells 138 of the third cell row; wherein the number of narrow cells in the second cell row is identical to the number of narrow cells in the third cells row (as seen in Figure 5); wherein all of the narrow cells of the second cell row and the third cell row have the same height and the same width (as seen in Figure 5); and wherein the width of each wide cell of the first cell row is at least three times as great as the width of any narrow cell (paragraph [0045] and as seen in Figure 5, Levi discloses removing the struts 132 to increase the cell size 140 to promote compact crimping of the prosthetic valve).
Regarding Claim 3, Levi et al. discloses wherein the width of each wide cell row is three times as great as the width of any narrow cell (as seen in Figure 5 and paragraph [0045]).
Regarding Claim 8, Levi et al. discloses wherein the width of each wide cell row is four times as great as the width of any narrow cell (as seen in Figure 5 and paragraph [0045]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Artof et al. U.S. Publication 2006/0259137 A1 discloses a prosthetic heart valve comprising a frame having an inflow end and an outflow end, the frame if movable between a radially compressed and expanded state, the frame comprising a first cell row comprising a plurality of wide cells (see Figure 6) and a second cell row comprising narrow cells, wherein each narrow cell of the second cell row is directly coupled to two adjacent narrow cells of the second cell row.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEEMA MATHEW whose telephone number is (571) 270-1452. The examiner can normally be reached on Monday-Friday 9 am – 5 pm.
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, SPE, Melanie Tyson at (571) 272-9062. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SEEMA MATHEW/
Primary Examiner, Art Unit 3774
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