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 .
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.
Claim Objections
Claim 9 is objected to because of the following informalities: In line 1, “the catheter” is assumed to be a typo. The examiner suggests amending this to be “the delivery catheter” and has been examined as such. Appropriate correction is required.
Claim 24 is objected to because of the following informalities: In line 2, “an electromagnetic senor” is assumed to be a typo. The examiner suggests amending this to be “an electromagnetic sensor” and has been examined as such. Appropriate correction is required.
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 1-3, 5, 7, 9-12, 15-16, and 24-25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Maschke (US PG Pub No. 2006/0287595 A1).
Regarding claim 1, Maschke discloses a delivery system (Fig. 1) for placement of an endoluminal device (Fig. 1, stent 6), the system comprising: a delivery catheter (Fig. 1, catheter 1) comprising an imaging sensor (Fig. 1, IVUS sensor 8, OCT sensor 9) and a position sensor (Paragraph [0061], magnetic sensors 4), the position sensor (4) located at a known distance (see Fig. 1) from the imaging sensor (8,9) and configured to sense position relative to an element (Fig. 1, receiver 16) with position code readable (Paragraphs [0061 and 0063]) by the position sensor (4), the delivery catheter (1) configured for mounting (see Fig. 1) an endoluminal device (6) on the delivery catheter (1) at a known distance (see Fig. 1) from the imaging sensor (8,9) or the position sensor (4).
Regarding claim 2, Maschke discloses wherein the imaging sensor (Fig. 1, IVUS sensor 8, OCT sensor 9) includes an intravascular ultrasound (IVUS) (Fig. 1, IVUS sensor 8).
Regarding claim 3, Maschke discloses wherein the imaging sensor (Fig. 1, IVUS sensor 8, OCT sensor 9) includes an optical coherence tomography (OCT) sensor (Fig. 1, OCT sensor 9).
Regarding claim 5, Maschke discloses wherein the element (Fig. 1, receiver 16, Paragraph [0023], “can be housed in the catheter”) is a guidewire (Paragraphs [0038 and 0054]), and the position sensor is configured to read the position code from the guidewire (Paragraph [0054]).
Regarding claim 7, Maschke discloses wherein the endoluminal device (6) includes one or more of the following: an aortic valve, a stent graft, or a stent (Fig. 1, stent 6).
Regarding claim 9, Maschke discloses wherein the delivery catheter (1) includes a lumen (Fig. 1, lumen 14) for receiving a guidewire (Paragraph [0038]), the lumen (14) extending through the imaging sensor (8,9) and the position sensor (4).
Regarding claim 10, Maschke discloses further comprising the element (Fig. 1, receiver 16) with position code readable (Paragraphs [0061 and 0063]) by the position sensor (4).
Regarding claim 11, Maschke discloses further comprising a deployment mechanism (Paragraphs [0062 and 0063], Fig. 1, front area 2) to deploy the endoluminal device (6) in a body lumen (Paragraph [0062], vessel).
Regarding claim 12, Maschke discloses wherein the endoluminal device is balloon-expandable (Paragraph [0062]) and the deployment mechanism (2) includes a balloon membrane (Fig. 1, balloon 5).
Regarding claim 15, Maschke discloses further comprising the endoluminal device (Fig. 1, stent 6).
Regarding claim 16, Maschke discloses wherein the endoluminal device (Fig. 1, stent 6) is mounted on the delivery catheter (Fig. 1, catheter 1) and located at a known distance (see Fig. 1) from the imaging sensor (8,9) or the position sensor (4).
Regarding claim 24, Maschke discloses wherein the position sensor is an optical sensor, an electrical sensor, an electromagnetic sensor (Fig. 1, magnetic sensor 4), a mechanical sensor, an electromechanical sensor, a pressure sensor, a chemically-selective sensor, and/or a sonographic sensor.
Regarding claim 25, Maschke discloses wherein the delivery catheter (Fig. 1, catheter 1) includes one or more imaging markers (Paragraph [0045]), wherein spatial alignment of the position code with respect to one or more imaging markers (Paragraph [0045]) can enable registration of a coordinate frame of reference of the system (Paragraphs [0039 and 0070], Fig. 2, calibration unit 39) with a frame of reference of an imaging system (Paragraphs [0039 and 0070], Fig. 2, image corrector unit 40).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 4 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Maschke (US PG Pub No. 2006/0287595 A1).
Regarding claim 4, Maschke fails to disclose wherein the imaging sensor (8,9) is located between the endoluminal device (6) and a distal end of the delivery catheter (1). Instead, Maschke teaches the imaging sensor (8,9) is located between the endoluminal device (6) and a proximal end (17.1) of the delivery catheter (1). It would have been obvious to one of ordinary skill in the art before effective filing date of the claimed invention to rearrange the imaging sensor to be between the endoluminal device and a distal end of the delivery catheter, as doing so would have yielded predictable results, namely provided a means for sensing the location of the endoluminal device during deployment.
Regarding claim 6, Maschke fails to disclose wherein the position sensor (4) is located between the endoluminal device (6) and a proximal end of the delivery catheter (1). Instead, Maschke teaches the position sensor (4) is located between the endoluminal device (6) and a distal end (3) of the delivery catheter (1). It would have been obvious to one of ordinary skill in the art before effective filing date of the claimed invention to rearrange the position sensor to be between the endoluminal device and a proximal end of the delivery catheter, as doing so would have yielded predictable results, namely provided a means for sensing the location of the endoluminal device during deployment.
Claims 8 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Maschke (US PG Pub No. 2006/0287595 A1) as applied to claims 1 and 12 above, and further in view of Maschke (US PG Pub No. 2007/0173919 A1), herein referred to as Maschke 2007.
Regarding claim 8, Maschke fails to disclose wherein the endoluminal device includes one or more of the following: an ultrasound heating device, an acoustic emitting device, a heating device, or a vessel cutting device. Maschke 2007 also discloses a delivery system (Fig. 1, inventive device 1) for placement of an endoluminal device (Fig. 1, balloon 10). Maschke 2007 teaches wherein the endoluminal device (Fig. 1, balloon 10) includes one or more of the following: an ultrasound heating device, an acoustic emitting device, a heating device, or a vessel cutting device (Fig. 1, knives 12). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the endoluminal device of Maschke wherein the endoluminal device includes one or more of the following: an ultrasound heating device, an acoustic emitting device, a heating device, or a vessel cutting device, as taught by Maschke 2007, in order to clear blockages in vessels (Paragraph [0061]).
Regarding claim 13, Maschke fails to disclose wherein the imaging sensor is located inside the balloon membrane. Maschke 2007 also discloses a delivery system (Fig. 1, inventive device 1) for placement of an endoluminal device (Fig. 1, balloon 19, stent 18) and an imaging sensor (Fig. 1, OCT sensor 6, IVUS sensor 11). Maschke 2007 teaches wherein the imaging sensor (Fig. 1, sensors 6, 11) is located inside the balloon membrane (Fig. 1, balloon 19). It would have been obvious to one of ordinary skill in the art before effective filing date of the claimed invention to rearrange the imaging sensor into the balloon membrane, as doing so would have yielded predictable results, namely provided a means for sensing the location of the endoluminal device during deployment.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Maschke (US PG Pub No. 2006/0287595 A1) as applied to claims 1 and 11 above, and further in view of Maschke (US PG Pub No. 2005/0234343 A1), herein referred to as Maschke 2005.
Regarding claim 14, Maschke fails to disclose further comprising a handle at a proximal end of the delivery catheter, the handle including an activation mechanism configured to activate the deployment mechanism. Maschke 2005 also discloses a delivery system (Fig. 3) for placement of an endoluminal device (Paragraph [0033], balloon) and an imaging sensor (Fig. 3, IVUS sensor 9). Maschke 2005 teaches further comprising a handle (Fig. 3, activation handle 3) at a proximal end of the delivery catheter (Fig. 3, catheter sheath 1), the handle (3) including an activation mechanism (Fig. 3, activation lines 5, 6) configured to activate the deployment mechanism (Paragraph [0031 and 0033]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the delivery catheter of Maschke, further comprising a handle at a proximal end of the delivery catheter, the handle including an activation mechanism configured to activate the deployment mechanism, as taught by Maschke 2005, in order to activate the balloon (Paragraph [0033]).
Claims 17-21 and 26-27 are rejected under 35 U.S.C. 103 as being unpatentable over Maschke (US PG Pub No. 2006/0287595 A1) as applied to claims 1 and 12 above, and further in view of Maschke (US PG Pub No. 2009/0234445 A1), herein referred to as Maschke 2009.
Regarding claim 17, Maschke discloses the delivery catheter, the element (Fig. 1, receiver 16) with the position code (Paragraphs [0061 and 0063]), the position sensor (Paragraph [0061], magnetic sensors 4), and an outer sheath (Paragraph [0054], outer guide catheter). Maschke fails to disclose wherein the delivery catheter comprises an inner shaft movable relative to the outer sheath, one of the inner shaft or the outer sheath being the element with the position code, the other of the inner shaft or the outer sheath including the position sensor.
Maschke 2009 also discloses a delivery system (Fig. 1, catheter device 2) for placement of an endoluminal device (Fig. 1, artificial cardiac valve 16), a delivery catheter (Fig. 1, catheter device 2), an imaging sensor (Fig. 1, imaging sensor 18), a position sensor (Fig. 1, position sensors 38), and an element (Fig. 1, signal interface 26) with a position code (Paragraphs [0067 and 0070]). Maschke 2009 teaches wherein the delivery catheter (2) comprises an inner shaft movable (Paragraphs [0068 and 0070], rotatable driveshaft, Fig. 1, protective sheath 30) relative to the outer sheath (Fig. 1, catheter sheath 4), one of the inner shaft or the outer sheath (Paragraph [0067], signal and supply lines 22 inside sheath 4 connected to signal element 26) being the element (Fig. 1, signal interface 26) with the position code (Paragraphs [0067]), the other of the inner shaft (Paragraph [0070]) or the outer sheath including the position sensor (38). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the delivery catheter of Maschke wherein the delivery catheter comprises an inner shaft movable relative to the outer sheath, one of the inner shaft or the outer sheath being the element with the position code, the other of the inner shaft or the outer sheath including the position sensor, as taught by Maschke 2009, in order to deploy the endoluminal device in the heart (Paragraphs [0041 and 0065]) and minimize risks with the use of sensors (Paragraphs [0066-0068 and 0070]).
Regarding claim 18, Maschke in view of Maschke 2009 discloses wherein the imaging sensor (Fig. 1, IVUS sensor 8, OCT sensor 9), is positioned at or on the inner shaft (Paragraph [0054], having an outer guide catheter therefore, front area of catheter 2 would be the inner shaft).
Regarding claim 19, Maschke in view of Maschke 2009 fails to disclose wherein the imaging sensor (Fig. 1, IVUS sensor 8, OCT sensor 9) includes an intravascular ultrasound (IVUS) transducer detachably mounted to the inner shaft. Maschke 2009 further teaches wherein the imaging sensor (Fig. 1, imaging sensor 18) includes an intravascular ultrasound (IVUS) transducer detachably mounted (Paragraphs [0011 and 0017], imaging elements) to the inner shaft (Paragraphs [0068 and 0070], rotatable driveshaft, Fig. 1, protective sheath 30). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the delivery catheter of Maschke wherein the imaging sensor includes an intravascular ultrasound (IVUS) transducer detachably mounted to the inner shaft, as taught by Maschke 2009, in order to have a larger field of vision around the device (Paragraphs [0011 and 0017]).
Regarding claim 20, Maschke fails to disclose wherein the imaging sensor has side-looking capability and forward-looking capability. Maschke 2009 also discloses a delivery system (Fig. 1, catheter device 2) for placement of an endoluminal device (Fig. 1, artificial cardiac valve 16) and an imaging sensor (Fig. 1, imaging sensor 18). Maschke 2009 teaches wherein the imaging sensor (18) has side-looking capability (Paragraph [0066], Fig. 1, arrows 20) and forward-looking capability (Paragraph [0066], Fig. 1, arrows 20). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the imaging sensors of Maschke wherein the imaging sensor has side-looking capability and forward-looking capability, as taught by Maschke 2009, in order to have a larger field of vision around the device (Paragraph [0017]).
Regarding claim 21, Maschke as modified by Maschke 2009 further discloses wherein the imaging sensor (Fig. 1, imaging sensor 18) comprises two intravascular ultrasound (IVUS) ring array transducers (Paragraph [0017]), at least one of the ring array transducers having the forward-looking capability (Paragraphs [0017 and 0066], Fig. 1, arrows 20).
Regarding claim 26, Maschke discloses an endoluminal device (Fig. 1, stent 6), the system of claim 1, the delivery catheter (Fig. 1, catheter 1), the imaging sensor (Fig. 1, IVUS sensor 8, OCT sensor 9), and the position sensor (Paragraph [0061], magnetic sensors 4), but fails to disclose a method for placement of an endoluminal device using the system of claim 1, the method comprising: guiding the delivery catheter and endoluminal device mounted on the delivery catheter through a body lumen to an anatomical location; placing the endoluminal device at the anatomical location; and with the imaging sensor, the position sensor, or both the imaging sensor and the position sensor, confirming placement of the endoluminal device at the anatomical location.
Maschke 2009 also discloses a delivery system (Fig. 1, catheter device 2) for placement of an endoluminal device (Fig. 1, artificial cardiac valve 16), a delivery catheter (Fig. 1, catheter device 2), an imaging sensor (Fig. 1, imaging sensor 18), a position sensor (Fig. 1, position sensors 38), and an element (Fig. 1, signal interface 26) with a position code (Paragraphs [0067 and 0070]). Maschke 2009 teaches a method (Paragraph [0041]) for placement of an endoluminal device (Fig. 1, artificial cardiac valve 16) using the system of claim 1 (Fig. 1, catheter device 2), the method comprising: guiding the delivery catheter and endoluminal device (Paragraph [0045]) mounted on (Fig. 1) the delivery catheter (2) through a body lumen (Paragraph [0065]) to an anatomical location (Paragraph [0065], cardiac valve); placing the endoluminal device (16) at the anatomical location (Paragraph [0066]); and with the imaging sensor (Fig. 1, imaging sensor 18), the position sensor (Fig. 1, position sensors 38), or both the imaging sensor (18) and the position sensor (38), confirming placement of the endoluminal device at the anatomical location (Paragraphs [0037, 0066, and 0067]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the system of Maschke to include a method for placement of an endoluminal device using the system of claim 1, the method comprising: guiding the delivery catheter and endoluminal device mounted on the delivery catheter through a body lumen to an anatomical location; placing the endoluminal device at the anatomical location; and with the imaging sensor, the position sensor, or both the imaging sensor and the position sensor, confirming placement of the endoluminal device at the anatomical location, as taught by Maschke 2009, in order to deploy the endoluminal device in the heart (Paragraphs [0041 and 0065]) and minimize risks with the use of sensors (Paragraphs [0066 and 0067]).
Regarding claim 27, Maschke as modified by Maschke 2009 further discloses further including mounting the endoluminal device (Fig. 1, artificial cardiac valve 16) on the delivery catheter (Fig. 1, catheter device 2) at a known distance (See Fig. 1) from the imaging sensor (Fig. 1, imaging sensor 18) or the position sensor (Fig. 1, position sensors 38).
Claims 22-23 are rejected under 35 U.S.C. 103 as being unpatentable over Maschke (US PG Pub No. 2006/0287595 A1) as applied to claim 1 above, and further in view of Andreas et al. (US PG Pub No. 2005/0149159 A1).
Regarding claim 22, Maschke fails to disclose wherein the position sensor (Paragraph [0061], magnetic sensors 4) is in a handle at a proximal end of the delivery catheter (Fig. 1, catheter 1
Andreas also discloses a delivery system (Fig. 14) for placement of an endoluminal device (Fig. 14, stent segments 46) with a position sensor (Fig. 14, displacement sensor 150). Andreas teaches the position sensor (150) is in a handle (Paragraph [0080], Fig. 14, handle 28) at a proximal end of the delivery catheter (Paragraph [0080], Fig. 14, delivery catheter 20). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the delivery catheter of Maschke, wherein the position sensor is in a handle at a proximal end of the delivery catheter, as taught by Andreas, in order to detect the displacement of components of the catheter (Paragraph [0080]).
Regarding claim 23, Maschke in view of Andreas discloses wherein the element with the position code (Fig. 1, receiver 16, Paragraph [0023], “can be housed in the catheter”) is a guidewire (Paragraphs [0038 and 0054]), an inner shaft of the delivery catheter, or an outer sheath of the delivery catheter (1).
Claims 28-32 are rejected under 35 U.S.C. 103 as being unpatentable over Maschke (US PG Pub No. 2006/0287595 A1) in view of Maschke (US PG Pub No. 2009/0234445 A1), herein referred to as Maschke 2009.
Regarding claim 28, Maschke discloses a delivery catheter (Fig. 1, catheter 1), the delivery catheter comprising an imaging sensor (Fig. 1, IVUS sensor 8, OCT sensor 9) and a position sensor (Paragraph [0061], magnetic sensors 4), the position sensor (4) located at a known distance (see Fig. 1) from the imaging sensor (8,9) and configured to sense position relative to an element (Fig. 1, receiver 16) with position code readable (Paragraphs [0061 and 0063]) by the position sensor (4), but fails to disclose a method for placement of an aortic valve, the method comprising: guiding a delivery catheter through a blood vessel to a heart, an aortic valve mounted on the catheter and located at a known distance from the imaging sensor or the position sensor; and placing the aortic valve in the heart at a location confirmed by the imaging sensor, the position sensor, or both the imaging sensor and the position sensor.
Maschke 2009 also discloses a delivery system (Fig. 1, catheter device 2) for placement of an aortic valve (Fig. 1, artificial cardiac valve 16), a delivery catheter (Fig. 1, catheter device 2), an imaging sensor (Fig. 1, imaging sensor 18), a position sensor (Fig. 1, position sensors 38), and an element (Fig. 1, signal interface 26) with a position code (Paragraphs [0067 and 0070]). Maschke 2009 teaches a method (Paragraph [0041]) for placement of an aortic valve (Paragraph [0006], Fig. 1, artificial cardiac valve 16), the method comprising: guiding a delivery catheter (Paragraph [0045]) through a blood vessel to a heart (Paragraph [0065]), an aortic valve mounted (Fig. 1, artificial cardiac valve 16) on the catheter (Fig. 1, catheter device 2) and located at a known distance (see Fig. 1) from the imaging sensor (Fig. 1, imaging sensor 18) or the position sensor (Fig. 1, position sensors 38); and placing the aortic valve (16) in the heart at a location confirmed by the imaging sensor (18), the position sensor (38), or both the imaging sensor and the position sensor (Paragraphs [0037, 0066, and 0067]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the system of Maschke to include a method for placement of an aortic valve, the method comprising: guiding a delivery catheter through a blood vessel to a heart, an aortic valve mounted on the catheter and located at a known distance from the imaging sensor or the position sensor; and placing the aortic valve in the heart at a location confirmed by the imaging sensor, the position sensor, or both the imaging sensor and the position sensor, as taught by Maschke 2009, in order to deploy the aortic valve in the heart (Paragraphs [0041 and 0065]) and minimize risks with the use of sensors (Paragraphs [0066 and 0067]).
Regarding claim 29, Maschke in view of Maschke 2009 discloses (Fig. 1, receiver 16, Paragraph [0023], “can be housed in the catheter”) is a guidewire (Paragraphs [0038 and 0054]), and the position sensor is configured to read the position code from the guidewire (Paragraph [0054]).
Regarding claim 30, Maschke in view of Maschke 2009 discloses the delivery catheter, the element (Fig. 1, receiver 16) with the position code (Paragraphs [0061 and 0063]), and the position sensor (Paragraph [0061], magnetic sensors 4). Maschke fails to disclose wherein the element is an inner shaft of the delivery catheter, and the position sensor is configured to read the position code from the inner shaft. Maschke 2009 teaches wherein the element (Fig. 1, signal interface 26) is an inner shaft (Paragraphs [0068 and 0070], rotatable driveshaft, Fig. 1, protective sheath 30) of the delivery catheter (Fig. 1, catheter device 2), and the position sensor (Fig. 1, position sensors 38) is configured to read the position code (Paragraphs [0067]) from the inner shaft (Paragraph [0070]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the system of Maschke wherein the element is an inner shaft of the delivery catheter, and the position sensor is configured to read the position code from the inner shaft, as taught by Maschke 2009, in order to enable a precise pinpointing of the location of the delivery catheter (Paragraph [0070]).
Regarding claim 31, Maschke in view of Maschke 2009 discloses the delivery catheter, the element (Fig. 1, receiver 16) with the position code (Paragraphs [0061 and 0063]), the position sensor (Paragraph [0061], magnetic sensors 4), and an outer sheath (Paragraph [0054], outer guide catheter). Maschke fails to disclose wherein the element is an outer sheath of the delivery catheter, and the position sensor is configured to read the position code from the outer sheath. Maschke 2009 teaches wherein the element is an outer sheath (Paragraph [0067], Fig. 1, signal and supply lines 22 inside catheter sheath 4 connected to signal element 26) of the delivery catheter (Fig. 1, catheter device 2), and the position sensor (Fig. 1, position sensors 38) is configured to read the position code (Paragraphs [0067 and 0070]) from the outer sheath (4). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the system of Maschke wherein the element is an outer sheath of the delivery catheter, and the position sensor is configured to read the position code from the outer sheath, as taught by Maschke 2009, in order to enable a precise pinpointing of the location of the delivery catheter (Paragraphs [0068 and 0070]).
Regarding claim 32, Maschke in view of Maschke 2009 fails to disclose wherein the position sensor (4) is located between the aortic valve and a proximal end of the delivery catheter (1). Instead, Maschke teaches the position sensor (4) is located between the endoluminal device (Fig. 1, stent 6) and a distal end (3) of the delivery catheter (1). It would have been obvious to one of ordinary skill in the art before effective filing date of the claimed invention to rearrange the position sensor to be between the endoluminal device and a proximal end of the delivery catheter, as doing so would have yielded predictable results, namely provided a means for sensing the location of the endoluminal device during deployment.
Maschke further fails to disclose an aortic valve. Maschke 2009 further teaches an aortic valve (Paragraph [0006], Fig. 1, artificial cardiac valve 16). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the endoluminal device of Maschke to be an aortic valve, as taught by Maschke 2009, in order to implant the prosthetic valve into the aorta (Paragraph [0006 and 0065]) to treat a diseased valve (Abstract).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kornblau et al. (US PG Pub No. 2009/0262473 A1) also discloses a guidewire (Fig. 4, guidewire 30) with a position code (Fig. 4, code 38).
Maschke (US Patent No. 8,257,375 B2) also discloses a delivery system (Fig. 1), a delivery catheter (Fig. 1, catheter 1), an imaging sensor (Fig. 1, imaging sensor 11), a position sensor (Fig. 1, position sensors 17), and an element (Fig. 1, unit 6).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KARI L COCHRAN whose telephone number is (571)272-9637. The examiner can normally be reached Monday-Thursday 7:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Melanie Tyson can be reached at 5712729062. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/K.L.C./ Patent Examiner, Art Unit 3774
/MELANIE R TYSON/ Supervisory Patent Examiner, Art Unit 3774
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