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 § 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.
Claims 1-9, 11-15, 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Khairkhahan et al. (US 2012/0197388; hereinafter “Khairkhahan”).
Regarding claim 1, Khairkhahan discloses a system (Figure 3I1 and other embodiments) for adjusting annular cardiac tissue (e.g. at least the anchors 108 will alter the annulus or other annular tissue into which they are inserted), said system comprising: a delivery catheter (120 or 340) having a steerable distal end region (¶[0073]); an actuator (130) coupled to the delivery catheter; an implantable device (180); and wherein the actuator is configured to rotate a rotatable portion of the implantable device such that the implantable device engages and adjusts the cardiac tissue (¶[0073]).
Regarding claim 2, the implantable device comprises a plurality of connected struts (184).
Regarding claim 3, the system further comprises an anchor element (any of 108) coupled to said plurality of struts and configured to engage tissue to implant the implantable device with respect to tissue (¶[0078]).
Regarding claim 4, the anchor element is axially movable with respect to said plurality of struts (¶[0078]).
Regarding claim 5, the anchor element is rotatable with respect to said plurality of struts (¶[0078]).
Regarding claim 6, the delivery system further comprises a rotational driver (“torquable shaft” - ¶[0073]) coupled to a component of said implantable device.
Regarding claim 7, the rotational driver transfers rotational force to one of a nut, a screw, a spool/ream, said implantable device, or a component of said implantable device (¶[0078]).
Regarding claim 8, Khairkhahan discloses an implantable device (Figure 4C and other embodiments) for adjusting cardiac tissue (e.g. at least the anchors 108 will alter the annulus or other annular tissue into which they are inserted), said device comprising: a frame (202/184) expandable from a collapsed configuration, for transluminal delivery to cardiac tissue by a transluminal delivery system, to an expanded configuration, for deployment of said frame with respect to the cardiac tissue by the transluminal delivery system (¶[0073]); wherein the frame includes a plurality of struts (202 and 184) including a first strut (202); wherein the first strut includes a plurality of barbs (206) spaced axially along the first strut; and at least one tissue-engaging element (108) configured to secure said expandable frame with respect to cardiac tissue; wherein: the transluminal delivery system includes a handle (130) with an actuator; at least one component of said implantable device is rotatable with respect to the cardiac tissue by actuating the actuator to cause the cardiac tissue to contract (¶[0073], [0078]; the actuator can screw in an anchor 108 so that tension is placed on some portion of cardiac tissue to contract it).
Regarding claim 9, the frame comprises a plurality of connected struts (184).
Regarding claim 11, a locking ring (450) is positioned with respect to said frame to lock said plurality of connected struts in position.
Regarding claim 12, said at least one component is annular (e.g. socket 454).
Regarding claim 13, the at least one component is rotatable with respect to another component of said implantable device (¶[0078]).
Regarding claim 14, the at least one component is axially movable with respect to another component of said implantable device (¶[0078]).
Regarding claim 15, Khairkhahan discloses a device (Figure 3I1 and other embodiments) for adjusting cardiac tissue (e.g. at least the anchors 108 will alter the annulus or other cardiac tissue into which they are inserted), said device comprising: a cardiac implant (180) comprising a first component (lower member 108) and a second component (122), the first component being rotatable with respect to the second component to adjust the shape of the cardiac implant and the cardiac tissue (¶[0078], any of members 108 can be anchored so that tension is created to adjust the shape of the implant and cardiac tissue); a third component (140 and end members 108) configured to engage tissue, maintaining said device in a configuration adjusting the cardiac tissue; and wherein the third component comprises a plurality of tissue-engaging elements (upper members 108) spaced apart axially along the third component, the plurality of tissue-engaging elements being configured to secure the device with respect to cardiac tissue (¶[0078]).
Regarding claim 17, the first component is rotatable with respect to said third component (¶[0078]).
Regarding claim 18, the device further comprises a plurality of interconnected struts (184).
Regarding claim 19, the third component is rotatable with respect to said plurality of interconnected struts (¶[0078]).
Regarding claim 20, the third component is axially movable with respect to said plurality of interconnected struts (¶[0078]).
Response to Arguments
Applicant’s arguments with respect to the pending claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Thomas McEvoy whose telephone number is (571) 270-5034 and direct fax number is (571) 270-6034. The examiner can normally be reached on Monday-Friday, 9:00 am – 6:00 pm.
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/THOMAS MCEVOY/Primary Examiner, Art Unit 3771
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