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 .
Election/Restrictions
Applicant’s election without traverse of Group I Species I in the reply filed on 07/02/2025 is acknowledged.
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.
(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.
Claim(s) 1-4 and 11-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Laby (US Patent No.: 10/814,102).
Regarding claim 1, Laby (US Patent No.: 10/814,102) discloses a soft robotic (soft robot structures with flexible polymers in column 42 lines 32-67) device comprising: a first layer bonded to a second layer (bonding of at least one layer in column 46 lines 16-50, implying a minimum of two layers), wherein at least one layer is comprised of an extensible thermoplastic material (thermoplastics in column 19 lines 42-67 to column 20 lines 1-3, polyethylene and polypropylene (also in column 45 lines 6-34) are extensible thermoplastics); at least one layer comprises a pneumatic network (being parts 36 in figures 5, disclosed as actuation balloons in column 46 lines 16-50); and wherein an initial conformation of the soft robotic device is a low-volume conformation or a zero-volume configuration (deflation of the balloons are present in column 22 lines 3-34. Further deflation details in column 32 lines 13-60).
Regarding claim 2, Laby (US Patent No.: 10/814,102) discloses the soft robot device of claim 1, wherein the pneumatic network is in contact with a pressurizing source (being the fhuid source in column 53 lines 13-36) such that the pressurizing source facilitates transition of the soft robot device from a low-volume or zero-volume conformation to an extended or actuated conformation via pressurizing the pneumatic network (actuation of the balloons via the fluid source in column 53 lines 13-36 and column 22 lines 45-63).
Regarding claim 3, Laby (US Patent No.: 10/814,102) discloses the soft robotic device of claim 2, wherein the pneumatic network comprises a plurality of channels (in column 22 lines 2-34) arranged in a pattern (shown in figure 7 as per column 29 lines 14-21) such that, upon pressurization by the pressurizing source, the soft robotic device undergoes at least two types of actuation (inflation and deflation in column 36 lines 36-67 to column 37 lines 1-20, movement shown in figures 24A-24E as per column 66 lines 8-17).
Regarding claim 4, Laby (US Patent No.: 10/814,102) discloses the soft robot device of claim 1, wherein the thermoplastic material comprises a polyurethane or silicone, or ant extensible polymer (polyurethane and silicone in column 45 lines 6-34).
Regarding claim 11, Laby (US Patent No.: 10/814,102) discloses the soft robotic device of claim 1, wherein the soft robotic device is substantially planar in the initial conformation (being the configuration in figure 5 and 24).
Regarding claim 12, Laby (US Patent No.: 10/814,102) discloses the soft robotic device of claim 1, wherein the soft robotic device is rolled in the initial conformation (shown in 24E where the assembly is wrapped around a mandrel to provide the configuration, as per column 70 lines 41-67 into column 71 lines 1-18).
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 (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 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(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Laby (US Patent No.: 10/814,102) in view of Barish (US Patent No.: 10,646,696).
Regarding claim 5, Laby (US Patent No.: 10/814,102) discloses the soft robotic device of claim 1, wherein the soft robotic device is a heart valve (heart valve disclosed in column 28 lines 30-39).
However, Laby does not specifically teach a heart valve in the device disclosed.
Instead, Barish (US Patent No.: 10,646,696) teaches wherein the soft robotic device is a heart valve (in column 72 lines 4-56 and column 98 lines 8-32). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the heart valve to be placed on a catheter as presented in Barish in order to provide a beneficial use for the device in Laby that involves a heart valve with a deployment, redeployment, and positioning of said valve in column 98 lines 8-32.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Laby (US Pub No.: 2018/0071492) discloses an articulating soft robotic device in the abstract. Barrish (US Pub No.: 10/525,233) discloses a catheter with a heart valve on the proximal end of a catheter in column 62 lines 3-27.
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/AREN PATEL/Examiner, Art Unit 3774
/JERRAH EDWARDS/Supervisory Patent Examiner, Art Unit 3774