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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on application filed in China on 12/30/2021. It is noted, however, that applicant has not filed a certified copy of the CN202123449496.5 application as required by 37 CFR 1.55.
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in China on 12/30/2021. It is noted, however, that applicant has not filed a certified copy of the CN202111650026.7 application as required by 37 CFR 1.55.
None of the priority documents provided provide support for the elected species to be examined. None of the figures of the elected species are shown in the documents provided by the applicant for the foreign priority, therefore the foreign priority dates are not granted.
Election/Restrictions
Claims 3, 4, 8, 10, 11, 15-17 and 20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 01/13/2026.
Applicant's election with traverse of Invention I and Species II in the reply filed on 01/13/2026 is acknowledged. The traversal is on the ground(s) that Invention I and Invention II are closely interrelated, and that Species I, III, IV, and V belong to the same species as Species II. This is not found persuasive because with respect to the arguments of Invention I and II, the two different inventions satisfy the separation of inventions based on combination and sub-combination usable together. Claim 1 has specific limitations with respect to the holder, which are more specific than the limitations of the holder required in claim 20. Applicant establishes that the two Inventions satisfy the requirement of unity of invention, however, the examiner points out that the instant application is not a 371 application. With respect to applicant’s argument of the election for the species, as explained in the restriction requirement, the species are independent and distinct because each of the species discloses different structural features. The examiner points out that the examiner is not entitled to examine multiple inventions from a single application.
The requirement is still deemed proper and is therefore made FINAL.
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 18 and 19 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. Regarding claims 18 and 19, the claims are indefinite because it is unclear if the prosthetic valve is required as part of the claimed invention or not. For example, claims 18 and 19 appears that the applicant is positively reciting the prosthetic valve because the claims appear to be positively reciting structure of the prosthetic valve, such as gaps in claim 18; and connecting ears in claim 19. However, in the preamble of claim 1, the prosthetic valve is not positively recited as part of the claimed invention and the language is directed to the intended use of the holder.
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, 5-7 and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Campbell (US 2014/0039609).
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Claim 1
Campbell discloses a holder (22) for a prosthetic valve, comprising a base having a bottom side and a top side opposite to each other, wherein a prosthetic valve assembly area is defined on the bottom side; a plurality of locks (defined by fingers 46 from legs/handles 40) connected to the base, wherein the locks are distributed around the prosthetic valve assembly area, and the locks are configured to engage with the prosthetic valve; and a driving part (48) linked with the locks and having a first position (defined by position where the locks engages prosthetic valve 20 as shown in the figure above) and a relative second position (defined by position where the locks are disengaged from the prosthetic valve 20) relative to the base (see figure 2A), wherein in the first position, the locks hold the prosthetic valve in the prosthetic valve assembly area, and in the second position, the locks are disengaged from the prosthetic valve and allow the prosthetic valve to move out of the prosthetic valve assembly area (see figure 2c).
Claim 5
Campbell further discloses the holder for the prosthetic valve further comprises a holding handle, and the holding handle is connected to the base and
is located on the top side of the base (see figure above).
Claim 6
Campbell further discloses the driving part also serves as the holding handle (see figure above).
Claim 7
Campbell further discloses the locks are claws/fingers, at least a part of the base is a connecting portion (defined by legs 40), at least one of the claws is a movable claw connected to a bottom side of the connecting portion, the driving part is a driving handle provided on a top side of the connecting portion, and the driving handle is linked with the movable claw through the connecting portion (see figure above and figure 2a).
Claim 12
Campbell further discloses the base has a frame structure and comprising a middle part (defined by structure of the driving part); transition arms (40), which extend from the middle part outwardly in a radial pattern; and connecting portions (defined by portion pointed by 54 in figure 1c) located at ends of the transition arms extending outwardly in the radial pattern, wherein the driving part and the locks are all connected to the connecting portions, and the driving part is configured to drive the locks to change the engagement with the prosthetic valve at different positions (see figure above and figure 2a).
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.
Claims 18 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Campbell (US 2014/0039609) as applied to claim 1 above, and further in view of Tuval (US 10,188,516).
Claims 18 and 19
Campbell further discloses a prosthetic valve (20) with a cylindrical structure attached to the holder (see figure above). Campbell does not explicitly disclose the cylindrical structure of the prosthetic valve having structural gaps and/or connecting ears on a side wall thereof, and the locks extend into the corresponding structural gaps when engaging with the prosthetic valve. However, Tuval discloses a holder (30) for a prosthetic heart valve, the holder comprising notches/locks (36) that extends into gaps (defined by open spaces between mesh) and/or connecting ears (defined by tips of the heart valve that engages with the notches of a heart valve (see column 7 lines 9-17, lines 37-40 and figure 4). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Campbell the holder of having the notches at the fingers and gaps and/or the connecting ears in the prosthetic valve as taught by Tuval for proper clamping and attachment of the prosthetic valve to the holder.
Allowable Subject Matter
Claims 2, 9, 13 and 14 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 RAFAEL A. ORTIZ whose telephone number is (571)270-5240. The examiner can normally be reached Monday - Friday 9am - 6pm.
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, Orlando E. Aviles can be reached at 571-270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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RAFAEL A. ORTIZ
Primary Examiner
Art Unit 3736
/RAFAEL A ORTIZ/Primary Examiner, Art Unit 3736