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 .
Claim Objections
Claims 7-9 and 16 are objected to because of the following informalities:
Claim 7, line 1: “Claim 1” should read “Claim 1,”;
Claim 8, line 1: “Claim 1” should read “Claim 1,”;
Claim 9, line 8: “Claim 1” should read “Claim 1,”; and
Claim 16, line 1: “Claim 13” should read “Claim 13,”.
Appropriate correction is required.
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.
Claim 12 is 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 12 recites the limitation “the first tab and the second tab" in line 1. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, the first and second tab of claim 12 will be considered the same first and second tab in line 1 of claim 9.
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 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.
Claims 1-6, 8, 11, 13-15, and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kiernan et al, US 20200000518, herein referred to as “Kiernan”.
Regarding claim 1, Kiernan discloses a spine assembly (Figure 3) comprising: an elongated member extending along a longitudinal axis member (Figure 3: struts 230) comprising a first aperture along a length of the member (Figure 5: openings 236); a first electrode slidable along the length of the member (Figure 3: flex circuit assemblies 240 and [0038]: flex circuit assemblies 240 are slidable during assembly), the first electrode comprising a first electrode aperture (Figure 3: openings 244); and a first pin disposed within the first aperture and the first electrode aperture when the first aperture and the first electrode aperture are aligned along the length of the member (Figure 7: rivet 290 and [0040]).
Regarding claim 2, Kiernan discloses the assembly of Claim 1, the first pin comprises a non-conductive material ([0040]: “By way of example only, rivet (290) may be formed of a polymer monofilament or any other suitable material(s). As another merely illustrative example, rivet (290) may be formed of a metallic material coated with an electrically insulative material.”).
Regarding claim 3, Kiernan discloses the assembly of Claim 1, the first electrode aperture comprises a non-conductive internal surface (Figure 4: flexible substrate 242 is non-conductive for the assembly to function properly).
Regarding claim 4, Kiernan discloses the assembly of Claim 1, a pin head of the first pin comprising a beveled profile (Figure 7: rivet 290 has a beveled profile).
Regarding claim 5, Kiernan discloses the assembly of Claim 1, the first pin comprises a rivet comprising a bottom that is compressible to form a second head opposite a first head (Figure 7: rivet 290 has two heads 194).
Regarding claim 6, Kiernan discloses the assembly of Claim 5, the first head and the second head of the rivet being positioned at opposing sides of the first electrode (Figure 7: rivet 290 and [0040]: “Shaft (292) passes through openings (236, 244), with one head (294) bearing against flexible substrate (242) and the other head (294) bearing against coupling tab (234).”).
Regarding claim 8, Kiernan discloses the assembly of Claim 1 further comprising a second pin (Figure 7: rivet 290 and Figure 5: there are multiple openings 236 and 244), the member comprising a second aperture (Figure 5: openings 236), the first electrode comprising a second electrode aperture (Figure 3: openings 244), and the second pin being disposed within the second aperture and the second electrode aperture when the second aperture and the second electrode aperture are aligned along the length of the member (Figure 7: rivet 290 and [0040] and Figure 5: there are multiple openings 236 thus there are multiple rivets, one for each spine aperture and electrode aperture pair).
Regarding claim 11, Kiernan discloses the assembly of Claim 8, the second electrode aperture comprises a non-conductive internal surface (Figure 4: flexible substrate 242 is non-conductive for the assembly to function properly).
Regarding claim 13, Kiernan discloses an expandable basket assembly (Figure 3) comprising: at least one spine extending along a longitudinal axis and configured to bow radially outward from the longitudinal axis (Figure 3: struts 230 and [0033]), the spine comprising a first spine aperture and a second spine aperture disposed along a length of the spine (Figure 5: openings 236); a first electrode slidable along the length of the spine (Figure 3: flex circuit assemblies 240 and [0038]: flex circuit assemblies 240 are slidable during assembly), the first electrode comprising a first electrode aperture and a second electrode aperture (Figure 3: openings 244); a first pin disposed within the first spine aperture and the first electrode aperture when the first spine aperture and the first electrode aperture are aligned along the length of the spine (Figure 7: rivet 290 and [0040]); and a second pin disposed within the second spine aperture and the second electrode aperture when the second spine aperture and the second electrode aperture are aligned along the length of the spine (Figure 7: rivet 290 and [0040] and Figure 5: there are multiple openings 236 thus there are multiple rivets, one for each spine aperture and electrode aperture pair).
Regarding claim 14, Kiernan discloses the assembly of Claim 13, the first pin and the second pin comprise a non-conductive material ([0040]: “By way of example only, rivet (290) may be formed of a polymer monofilament or any other suitable material(s). As another merely illustrative example, rivet (290) may be formed of a metallic material coated with an electrically insulative material.”).
Regarding claim 15, Kiernan discloses the assembly of Claim 13, the first electrode aperture and the second electrode aperture comprising non-conductive internal surfaces (Figure 4: flexible substrate 242 is non-conductive for the assembly to function properly).
Regarding claim 18, Kiernan discloses an expandable basket assembly (Figure 3) comprising: at least one spine extending along a longitudinal axis (Figure 3: struts 230), the spine comprising a first spine aperture along a length of the spine (Figure 5: openings 236); a first electrode slidable along the length of the spine (Figure 3: flex circuit assemblies 240 and [0038]: flex circuit assemblies 240 are slidable during assembly), the first electrode comprising a first electrode aperture (Figure 3: openings 244); and a first rivet disposed within the first spine aperture and the first electrode aperture when the first spine aperture and the first electrode aperture are aligned along the length of the spine (Figure 7: rivet 290 and [0040]).
Regarding claim 19, Kiernan discloses the assembly of Claim 18, the first rivet comprises a non-conductive material ([0040]: “By way of example only, rivet (290) may be formed of a polymer monofilament or any other suitable material(s). As another merely illustrative example, rivet (290) may be formed of a metallic material coated with an electrically insulative material.”).
Regarding claim 20, Kiernan discloses the assembly of Claim 18, the first electrode aperture comprises a non-conductive internal surface (Figure 4: flexible substrate 242 is non-conductive for the assembly to function properly).
Claim Rejections - 35 USC § 103
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 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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Kiernan in view of Edwards et al., US 5509419, herein referred to as “Edwards”.
Regarding claim 7, Kiernan discloses the assembly of Claim 1, but does not explicitly disclose an assembly further comprising: a second electrode slidable along the length of the member, the second electrode comprising a second electrode aperture; and a second pin, the member comprising a second aperture along the length of the member, and the second pin is disposed within the second aperture and the second electrode aperture when the second aperture and the second electrode aperture are aligned along the length of the member.
However, Edwards teaches an assembly (Figure 13) further comprising: a second electrode slidable along the length of the member (Figure 13: electrodes 22), the second electrode comprising a second electrode aperture (Figure 13: each aperture is filled with a pin 94); and a second pin (Figure 13: pins 94), the member comprising a second aperture along the length of the member (Figures 13-14: splines 76A have multiple apertures), and the second pin is disposed within the second aperture and the second electrode aperture when the second aperture and the second electrode aperture are aligned along the length of the member (Col. 7, lines 56-60).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the assembly disclosed by Kiernan so that there is a second electrode along the length of the member, the second electrode comprising a second electrode aperture; and a second pin, the member comprising a second aperture along the length of the member, and the second pin is disposed within the second aperture and the second electrode aperture when the second aperture and the second electrode aperture are aligned along the length of the member as taught by Edwards so that the device can be used for interventricular cardiac mapping (Edwards Abstract).
Claims 9-10, 12, and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Kiernan in view of Waldhauser et al., US 20210001116, herein referred to as “Waldhauser”.
Regarding claim 9, Kiernan discloses the assembly of Claim 8, but does not explicitly disclose an assembly further comprising a first tab and a second tab, the first tab comprising the first electrode aperture, and the second tab comprising the second electrode aperture.
However, Waldhauser teaches an assembly (Figures 58A-B) comprising a first tab and a second tab (Figures 58A-B: first tab 5804 and second tab 5806), the first tab comprising the first electrode aperture (Figures 58A: aperture 5807), and the second tab comprising the second electrode aperture (In combination with Kiernan, each of openings 244 of Kiernan would have a corresponding tab and thus each tab comprises an aperture).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the assembly disclosed by Kiernan so that the assembly has a first tab and a second tab, the first tab comprising the first electrode aperture, and the second tab comprising the second electrode aperture as taught by Waldhauser to couple the electrode to a conductor and to interlock the electrode with other elements of the assembly (Waldhauser [1364]).
Regarding claim 10, Kiernan in view of Waldhauser discloses the assembly of Claim 9, and Waldhauser further discloses an assembly with the first tab and the second tab positioned at opposite ends of the first electrode in a direction along the length of the member (Figure 58A: first tab 5804 and second tab 5806 are positioned at opposite ends of the electrode).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the assembly disclosed by Kiernan so that the assembly has a first tab and a second tab positioned at opposite ends of the first electrode in a direction along the length of the member as taught by Waldhauser to couple the electrode to a conductor and to interlock the electrode with other elements of the assembly (Waldhauser [1364]).
Regarding claim 12, Kiernan discloses the assembly of Claim 8, but does not explicitly disclose an assembly with the first tab and the second tab being attached to and extending from the first electrode.
However, Waldhauser teaches an assembly (Figures 58A-B) with the first tab and the second tab being attached to and extending from the first electrode (Figures 58A-B: first tab 5804 and second tab 5806 extend from electrode 5802).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the assembly disclosed by Kiernan so that the assembly has a first tab and a second tab attached to and extending from the first electrode as taught by Waldhauser to couple the electrode to a conductor and to interlock the electrode with other elements of the assembly (Waldhauser [1364]).
Regarding claim 16, Kiernan discloses the assembly of Claim 13, but does not explicitly disclose an assembly further comprising a first tab and a second tab, the first tab comprising the first electrode aperture, and the second tab comprising the second electrode aperture.
However, Waldhauser teaches an assembly (Figures 58A-B) comprising a first tab and a second tab (Figures 58A-B: first tab 5804 and second tab 5806), the first tab comprising the first electrode aperture (Figures 58A: aperture 5807), and the second tab comprising the second electrode aperture (In combination with Kiernan, each of openings 244 of Kiernan would have a corresponding tab and thus each tab comprises an aperture).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the assembly disclosed by Kiernan so that the assembly has a first tab and a second tab, the first tab comprising the first electrode aperture, and the second tab comprising the second electrode aperture as taught by Waldhauser to couple the electrode to a conductor and to interlock the electrode with other elements of the assembly (Waldhauser [1364]).
Regarding claim 17, Kiernan in view of Waldhauser discloses the assembly of Claim 16, and Waldhauser further discloses an assembly with the first tab and the second tab positioned at opposite ends of the first electrode in a direction along the length of the member (Figure 58A: first tab 5804 and second tab 5806 are positioned at opposite ends of the electrode).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the assembly disclosed by Kiernan so that the assembly has a first tab and a second tab positioned at opposite ends of the first electrode in a direction along the length of the member as taught by Waldhauser to couple the electrode to a conductor and to interlock the electrode with other elements of the assembly (Waldhauser [1364]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nora W Rhodes whose telephone number is (571)272-8126. The examiner can normally be reached Monday-Friday 10am-6pm EST.
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/N.W.R./Examiner, Art Unit 3794
/SEAN W COLLINS/Primary Examiner, Art Unit 3794