DEVICE TO ASSIST THE PERFORMANCE OF A HEART

Application No. 18/909,116

• Filed: Oct 08, 2024
• Priority: Feb 27, 2007 — AT A306/2007
  • Feb 28, 2008 — nonprovisional of PCTIB2008000421
  • Aug 18, 2009 — divisional of 8255050
  • Jul 23, 2012 — continuation of 8801590
  • Aug 08, 2014 — continuation of 10/251,984
  • Feb 22, 2019 — continuation of 11/123,540
  • Aug 26, 2021 — continuation of 11/572,879
  • Dec 22, 2022 — continuation of 11/674,517
  • Apr 28, 2023 — continuation of 11/754,077
  • Aug 01, 2023 — continuation of 12/104,600
  • Jun 11, 2024 — continuation of 12/117,007
  • Aug 06, 2024 — continuation of 12/270,400
  • Oct 04, 2024 — continuation of 12/270,401
  • Oct 08, 2024 — continuation of 12/264,677
• Examiner: MARLEN, TAMMIE K
• Assignee: Miracor Medical SA
• OA Round: 1 (Non-Final)

Office Action

DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 10/8/2024, 11/12/2024, 11/15/2024, 12/6/2024, 6/17/2025, 6/18/2026, and 6/29/2026 has/have been acknowledged and is/are being considered by the Examiner.
Drawings
The Applicant is reminded to carefully review the drawing figures and the accompanying specification to ensure that all reference numerals present in the drawing figures are defined within the specification.
Specification
The disclosure is objected to because of the following informalities: the first paragraph of the specification should be updated to indicate the present status of all applications referred to therein.
Appropriate correction is required.
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 pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter 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 pre-AIA 35 U.S.C. 103(a) 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 29-45 and 48-64 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Schima et al. (U.S. 2003/0124007) in view of Hart (U.S. Patent No. 6,071,093). Regarding claim 29, Schima discloses a heart assist pump device configured to be positioned within a patient's body (“a pump for moving blood”, Abstract) and comprising: a blood flow path comprising: an inflow tube 13 with a distal suction end configured to be inserted into a ventricle of a heart (a pump of the type described by Schima is “configured to be inserted into a ventricle of a heart”, as it is disclosed as for moving blood and is of a configuration used in left ventricular assist devices), wherein the inflow tube is substantially linear and comprises a central axis, wherein the distal suction end is aligned with the central axis (see annotated Figure below); a first chamber comprising one or more side walls and further comprising a bottom wall having an inner surface that is located at a position that is axially opposite of the distal suction end (see annotated Figure below), wherein the bottom wall is immediately adjacent to the one or more side walls, wherein the one or more side walls extend away from the inner surface of the bottom wall in an upstream direction, wherein the first chamber is axially adjacent to, and in fluid communication with, the inflow tube, and wherein the first chamber is axially aligned with the distal suction end and with the central axis (see annotated Figure below); and a blood outflow path comprising a blood outflow port 14 that is located downstream of the inflow tube and configured to convey blood out of the first chamber (see annotated Figure below), the blood outflow path in fluid communication with the first chamber and with a blood vessel of the body, wherein at least part of the blood outflow path is positioned immediately radially adjacent to the inner surface of the bottom of the first chamber (see annotated Figure below), and wherein the blood outflow path is configured to direct blood from the first chamber in at least one direction that is not axially aligned with the central axis (see annotated Figure below, where it is shown that the outflow path is perpendicular to the inflow path); a magnetically driven rotor assembly comprising a rotor 1 and a first magnetic device 6, wherein the entire magnetically driven rotor assembly is located within the first chamber (see annotated Figure below), wherein the first magnetic device is a single magnetic device that is axially adjacent to the rotor and rigidly coupled to the rotor (“The rotor holds rotor magnets 6 that preferably transfer rotation energy and that can be individual or formed by a continuous magnetic ring”, paragraph [0012], where the continuous magnetic ring is a single magnetic device as claimed), wherein at least part of the magnetically driven rotor assembly is positioned upstream of the blood outflow port (see annotated Figure below); a second magnetic device (“coils 9 creating a rotating magnetic field’, paragraph [0012] and “magnets 10”, paragraph [0013]) associated with, and sealed from, the magnetically driven rotor assembly (see annotated Figure below) and wherein the second magnetic device is configured to interact magnetically with the first magnetic device to rotate the magnetically driven rotor assembly (“These rotor magnets work as shown in FIG. 1 with a stator 12 inside the housing lower part 19 having coils 9 creating a rotating magnetic field. An axial offset of the rotor magnets 6 and stator 8 causes the coupling force 21 to be effective at an angle and provide an axial component for additional stabilizing of the rotor 1”, paragraph [0012]), wherein the second magnetic device is a single magnetic device (the “stator 12 inside the housing lower part 19 having coils 9” and “rotating disk 24 with magnets 10” are each considered “a single magnetic device” as claimed, as the magnets are part of the stator in each instance),wherein the magnetically driven rotor assembly and the second magnetic device are axially aligned with the central axis and with the distal suction end of the inflow tube (see annotated Figure below), and wherein the magnetic interaction between the first and second magnetic devices is configured to rotate the magnetically driven rotor assembly within the first chamber and further configured to orient the magnetically driven rotor assembly within the first chamber such that the magnetically driven rotor assembly is entirely spaced away from the one or more side walls of the first chamber by the magnetic interaction between the first and second magnetic devices to define a gap between the one or more side walls of the first chamber and the magnetically driven rotor assembly (“An axial offset of the rotor magnets 6 and stator 8 causes the coupling force 21 to be effective at an angle and provide an axial component for additional stabilizing of the rotor 1, the direction of this axial component being upward or downward by appropriate offset of the stator 12 upward or downward. The rotor 1 has at an inlet 13 an inlet opening 36 that distributes the incoming liquid to both sides of the rotor and against the point of the cone-shaped middle part 16.”, paragraph [0012]), wherein the gap is configured for blood through therethrough (“The rotor 1 has at an inlet 13 an inlet opening 36 that distributes the incoming liquid to both sides of the rotor and against the point of the cone-shaped middle part 16.”, paragraph [0012]), wherein the magnetically driven rotor assembly further comprises guide surfaces in fluid communication with the blood flowing through the blood flow path and the blood outflow path (“The rotor 1 has as flow surfaces 2 and 4 vanes that produce centrifugal flow components 3 and flow components 5 directed against the housing.”, paragraph [0012]), the guide surfaces configured to produce centrifugal components within the blood within the first chamber during rotation of the magnetically driven rotor assembly (“The rotor 1 has as flow surfaces 2 and 4 vanes that produce centrifugal flow components 3 and flow components 5 directed against the housing.”, paragraph [0012]), and wherein at least the guide surfaces of the magnetically driven rotor assembly are configured to drive the blood flow along the blood outflow path (see annotated Figure below and paragraph [0012]). However, Schima fails to disclose that the bottom wall is substantially planar. Hart teaches a magnetically operated blood pump that includes an inlet 44, outlet 46, a first chamber comprising one or more side walls and further comprising a substantially planar bottom wall having an inner surface that is located at a position that is axially opposite of the distal suction end (see annotated Figure 3A below), and a magnetically driven rotor assembly 48 including a first magnetic device 41. It would have been obvious to one having ordinary skill in the art at the time of applicant’s invention to modify the invention of Schima to have a substantially planar bottom wall, as taught by Hart, as it has been held that combining prior art elements according to known methods to yield predictable results requires only routine skill in the art.

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Regarding claim 30, Schima discloses a second chamber that surrounds the second magnetic device and comprises one or more walls that seal the second magnetic device from the magnetically driven rotor assembly (see annotated Figure 1 above).
Regarding claim 31, Schima discloses that the guide surfaces are spaced axially away from the inner surface of the substantially planar bottom wall (see annotated Figure 1 above).
Regarding claim 32, Schima discloses that the second magnetic device radially overlaps at least part of the first magnetic device and wherein the second magnetic device is axially closer to the first magnetic device than to the guide surfaces of the rotor (see annotated Figure 1 above).
Regarding claim 33, Schima discloses that at least part of the blood outflow path is configured to direct the blood driven by the guide surfaces in a direction that is substantially perpendicular to the central axis (see annotated Figure 1 above).
Regarding claim 34, Schima discloses that the guide surfaces are configured to drive the blood within the first chamber into the blood outflow path in a direction that is substantially perpendicular to the inflow tube and to the central axis (see annotated Figure 1 above).
Regarding claim 35, Schima discloses that the second magnetic device is spaced axially from the guide surfaces of the rotor (see annotated Figure 1 above).
Regarding claims 36-38, Schima discloses the invention substantially as claimed, but fails to disclose that the blood vessel is an artery, the blood vessel is an aorta, or the ventricle is a left ventricle. It would have been obvious to one having ordinary skill in the art before the invention was made to modify the invention of Schima in view of Hart such that the blood vessel is an artery, the blood vessel is an aorta, or the ventricle is a left ventricle, as it is well known that left ventricular assist devices are utilized in a way such that they are connected to left ventricles and arteries and the aorta.
Regarding claim 39, Schima discloses a control arrangement comprising at least one sensor configured to generate a control signal, and a controller configured to receive the generated control signal (“The position (running characteristic) of the rotor can for example be determined by appropriate position sensors as shown schematically in FIG. 4 at 42 in various positions. For example Hall-type sensors can be used. In order to determine position however induced voltages or the effect of high-frequency feed voltages in the coils can be measured and evaluated, eliminating the need of any further sensors.”, paragraph [0017]).
Regarding claim 40, Schima discloses that the control arrangement is configured to control the heart assist pump device (“The position (running characteristic) of the rotor can for example be determined by appropriate position sensors as shown schematically in FIG. 4 at 42 in various positions. For example Hall-type sensors can be used. In order to determine position however induced voltages or the effect of high-frequency feed voltages in the coils can be measured and evaluated, eliminating the need of any further sensors.”, paragraph [0017]).
Regarding claim 41, Schima discloses that the magnetic interaction between the first and second magnetic devices is configured to orient an axial position of the magnetically driven rotor assembly within the first chamber such that the magnetically driven rotor assembly is entirely spaced apart from the one or more side walls of the first chamber (“The rotor holds rotor magnets 6 that preferably transfer rotation energy and that can be individual or formed by a continuous magnetic ring. These rotor magnets work as shown in FIG. 1 with a stator 12 inside the housing lower part 19 having coils 9 creating a rotating magnetic field. An axial offset of the rotor magnets 6 and stator 8 causes the coupling force 21 to be effective at an angle and provide an axial component for additional stabilizing of the rotor 1, the direction of this axial component being upward or downward by appropriate offset of the stator 12 upward or downward.”, paragraph [0012]).
Regarding claim 42, Schima discloses that the magnetic interaction between the first and second magnetic devices is configured to orient a radial position of the magnetically driven rotor assembly within the first chamber such that the magnetically driven rotor assembly is entirely spaced apart from the one or more side walls of the first chamber (“The rotor holds rotor magnets 6 that preferably transfer rotation energy and that can be individual or formed by a continuous magnetic ring. These rotor magnets work as shown in FIG. 1 with a stator 12 inside the housing lower part 19 having coils 9 creating a rotating magnetic field. An axial offset of the rotor magnets 6 and stator 8 causes the coupling force 21 to be effective at an angle and provide an axial component for additional stabilizing of the rotor 1, the direction of this axial component being upward or downward by appropriate offset of the stator 12 upward or downward.”, paragraph [0012]).
Regarding claim 43, Schima discloses that the magnetic interaction between the first magnetic device and the second magnetic device comprises a magneto coupling between the first magnetic device and the second magnetic device (“The rotor holds rotor magnets 6 that preferably transfer rotation energy and that can be individual or formed by a continuous magnetic ring. These rotor magnets work as shown in FIG. 1 with a stator 12 inside the housing lower part 19 having coils 9 creating a rotating magnetic field. An axial offset of the rotor magnets 6 and stator 8 causes the coupling force 21 to be effective at an angle and provide an axial component for additional stabilizing of the rotor 1, the direction of this axial component being upward or downward by appropriate offset of the stator 12 upward or downward.”, paragraph [0012]).
Regarding claim 44, Schima discloses the invention substantially as claimed, but fails to disclose that the first magnetic device comprises a bar magnet and wherein the second magnetic device comprises a bar magnet. Bar magnets are a well known magnet used in magnetically rotatable pump devices and, therefore, it would have been obvious to one having ordinary skill in the art before Applicant’s invention was made to modify the invention of Schima in view of Hart such that the first and second magnetic devices are bar magnets, as it has been held that simple substitution of one known element for another to yield predictable results requires only routine skill in the art.
Regarding claim 45, Schima discloses that the blood outflow port positioned to be entirely downstream of at least a portion of the magnetically driven rotor assembly (see annotated Figure 1 above).
Regarding claim 48, Schima discloses a heart assist pump device configured to be positioned within a patient's body (“a pump for moving blood”, Abstract) and comprising: a blood flow path comprising: an inflow tube 13 with a distal suction end configured to be inserted into a ventricle of a heart (a pump of the type described by Schima is “configured to be inserted into a ventricle of a heart”, as it is disclosed as for moving blood and is of a configuration used in left ventricular assist devices), wherein the inflow tube is substantially linear and comprises a central axis, wherein the distal suction end is aligned with the central axis (see annotated Figure below); a first chamber comprising one or more side walls and further comprising a bottom wall having an inner surface that is located at a position that is axially opposite of the distal suction end (see annotated Figure below), wherein the bottom wall is immediately adjacent to the one or more side walls, wherein the one or more side walls extend away from the inner surface of the bottom wall in an upstream direction, wherein the first chamber is axially adjacent to, and in fluid communication with, the inflow tube, and wherein the first chamber is axially aligned with the distal suction end and with the central axis (see annotated Figure below); and a blood outflow path comprising a blood outflow port 14 that is located downstream of the inflow tube and configured to convey blood out of the first chamber (see annotated Figure below), the blood outflow path in fluid communication with the first chamber and with a blood vessel of the body, wherein at least part of the blood outflow path is positioned immediately radially adjacent to the inner surface of the bottom wall of the first chamber (see annotated Figure below), and wherein the blood outflow path is configured to direct blood from the first chamber in at least one direction that is not axially aligned with the central axis (see annotated Figure below, where it is shown that the outflow path is perpendicular to the inflow path); a magnetically driven rotor assembly comprising a rotor 1 and a first magnetic device 6, wherein the entire magnetically driven rotor assembly is located within the first chamber (see annotated Figure below), wherein the first magnetic device is a single magnetic device that is axially adjacent to the rotor and rigidly coupled to the rotor (“The rotor holds rotor magnets 6 that preferably transfer rotation energy and that can be individual or formed by a continuous magnetic ring”, paragraph [0012], where the continuous magnetic ring is a single magnetic device as claimed), wherein at least part of the magnetically driven rotor assembly is positioned upstream of the blood outflow path and wherein the blood output port is positioned such that it is entirely downstream of at least a portion of the magnetically driven rotor assembly (see annotated Figure below); a second magnetic device (“coils 9 creating a rotating magnetic field’, paragraph [0012] and “magnets 10”, paragraph [0013]) associated with, and sealed from, the magnetically driven rotor assembly (see annotated Figure below) and wherein the second magnetic device is configured to interact magnetically with the first magnetic device to rotate the magnetically driven rotor assembly (“These rotor magnets work as shown in FIG. 1 with a stator 12 inside the housing lower part 19 having coils 9 creating a rotating magnetic field. An axial offset of the rotor magnets 6 and stator 8 causes the coupling force 21 to be effective at an angle and provide an axial component for additional stabilizing of the rotor 1”, paragraph [0012]), wherein the second magnetic device is a single magnetic device (the “stator 12 inside the housing lower part 19 having coils 9” and “rotating disk 24 with magnets 10” are each considered “a single magnetic device” as claimed, as the magnets are part of the stator in each instance),wherein the magnetically driven rotor assembly and the second magnetic device are axially aligned with the central axis and with the distal suction end of the inflow tube (see annotated Figure below), and wherein the first magnetic device interacts magnetically with the second magnetic device, such that a magnetic interaction between the first and second magnetic devices is configured to rotate the magnetically driven rotor assembly within the first chamber and further configured to orient the magnetically driven rotor assembly within the first chamber such that the magnetically driven rotor assembly is entirely spaced away from the one or more side walls of the first chamber by the magnetic interaction between the first and second magnetic devices to define a gap between the one or more side walls of the first chamber and the magnetically driven rotor assembly (“An axial offset of the rotor magnets 6 and stator 8 causes the coupling force 21 to be effective at an angle and provide an axial component for additional stabilizing of the rotor 1, the direction of this axial component being upward or downward by appropriate offset of the stator 12 upward or downward. The rotor 1 has at an inlet 13 an inlet opening 36 that distributes the incoming liquid to both sides of the rotor and against the point of the cone-shaped middle part 16.”, paragraph [0012]), wherein the gap is configured for blood through therethrough (“The rotor 1 has at an inlet 13 an inlet opening 36 that distributes the incoming liquid to both sides of the rotor and against the point of the cone-shaped middle part 16.”, paragraph [0012]), wherein the magnetically driven rotor assembly further comprises guide surfaces in fluid communication with the blood flowing through the blood flow path and the blood outflow path (“The rotor 1 has as flow surfaces 2 and 4 vanes that produce centrifugal flow components 3 and flow components 5 directed against the housing.”, paragraph [0012]), the guide surfaces configured to produce centrifugal components within the blood within the first chamber during rotation of the magnetically driven rotor assembly (“The rotor 1 has as flow surfaces 2 and 4 vanes that produce centrifugal flow components 3 and flow components 5 directed against the housing.”, paragraph [0012]), and wherein at least the guide surfaces of the magnetically driven rotor assembly are configured to drive the blood flow along the blood outflow path (see annotated Figure below and paragraph [0012]). However, Schima fails to disclose that the bottom wall is substantially planar. Hart teaches a magnetically operated blood pump that includes an inlet 44, outlet 46, a first chamber comprising one or more side walls and further comprising a substantially planar bottom wall having an inner surface that is located at a position that is axially opposite of the distal suction end (see annotated Figure 3A below), and a magnetically driven rotor assembly 48 including a first magnetic device 41. It would have been obvious to one having ordinary skill in the art at the time of applicant’s invention to modify the invention of Schima to have a substantially planar bottom wall, as taught by Hart, as it has been held that combining prior art elements according to known methods to yield predictable results requires only routine skill in the art.

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Regarding claim 49, Schima discloses a second chamber that surrounds the second magnetic device and comprises one or more walls that seal the second magnetic device from the magnetically driven rotor assembly (see annotated Figure 1 above).
Regarding claim 50, Schima discloses that the guide surfaces are spaced axially away from the inner surface of the substantially planar bottom wall (see annotated Figure 1 above).
Regarding claim 51, Schima discloses that the second magnetic device radially overlaps at least part of the first magnetic device and wherein the second magnetic device is axially closer to the first magnetic device than to the guide surfaces of the rotor (see annotated Figure 1 above).
Regarding claim 52, Schima discloses that at least part of the blood outflow path is configured to direct the blood driven by the guide surfaces in a direction that is substantially perpendicular to the central axis (see annotated Figure 1 above).
Regarding claim 53, Schima discloses that the guide surfaces are configured to drive the blood within the first chamber into the blood outflow path in a direction that is substantially perpendicular to the inflow tube and to the central axis (see annotated Figure 1 above).
Regarding claim 54, Schima discloses that the second magnetic device is spaced axially from the guide surfaces of the rotor (see annotated Figure 1 above).
Regarding claims 55-57, Schima discloses the invention substantially as claimed, but fails to disclose that the blood vessel is an artery, the blood vessel is an aorta, or the ventricle is a left ventricle. It would have been obvious to one having ordinary skill in the art before the invention was made to modify the invention of Schima in view of Hart such that the blood vessel is an artery, the blood vessel is an aorta, or the ventricle is a left ventricle, as it is well known that left ventricular assist devices are utilized in a way such that they are connected to left ventricles and arteries and the aorta.
Regarding claim 58, Schima discloses a control arrangement comprising at least one sensor configured to generate a control signal, and a controller configured to receive the generated control signal (“The position (running characteristic) of the rotor can for example be determined by appropriate position sensors as shown schematically in FIG. 4 at 42 in various positions. For example Hall-type sensors can be used. In order to determine position however induced voltages or the effect of high-frequency feed voltages in the coils can be measured and evaluated, eliminating the need of any further sensors.”, paragraph [0017]).
Regarding claim 59, Schima discloses that the control arrangement is configured to control the heart assist pump device (“The position (running characteristic) of the rotor can for example be determined by appropriate position sensors as shown schematically in FIG. 4 at 42 in various positions. For example Hall-type sensors can be used. In order to determine position however induced voltages or the effect of high-frequency feed voltages in the coils can be measured and evaluated, eliminating the need of any further sensors.”, paragraph [0017]).
Regarding claim 60, Schima discloses that the magnetic interaction between the first and second magnetic devices is configured to orient an axial position of the magnetically driven rotor assembly within the first chamber such that the magnetically driven rotor assembly is entirely spaced apart from the one or more side walls of the first chamber (“The rotor holds rotor magnets 6 that preferably transfer rotation energy and that can be individual or formed by a continuous magnetic ring. These rotor magnets work as shown in FIG. 1 with a stator 12 inside the housing lower part 19 having coils 9 creating a rotating magnetic field. An axial offset of the rotor magnets 6 and stator 8 causes the coupling force 21 to be effective at an angle and provide an axial component for additional stabilizing of the rotor 1, the direction of this axial component being upward or downward by appropriate offset of the stator 12 upward or downward.”, paragraph [0012]).
Regarding claim 61, Schima discloses that the magnetic interaction is configured to orient a radial position of the magnetically driven rotor assembly within the first chamber such that the magnetically driven rotor assembly is entirely spaced apart from the one or more side walls of the first chamber (“The rotor holds rotor magnets 6 that preferably transfer rotation energy and that can be individual or formed by a continuous magnetic ring. These rotor magnets work as shown in FIG. 1 with a stator 12 inside the housing lower part 19 having coils 9 creating a rotating magnetic field. An axial offset of the rotor magnets 6 and stator 8 causes the coupling force 21 to be effective at an angle and provide an axial component for additional stabilizing of the rotor 1, the direction of this axial component being upward or downward by appropriate offset of the stator 12 upward or downward.”, paragraph [0012]).
Regarding claim 62, Schima discloses that the magnetic interaction between the first magnetic device and the second magnetic device comprises a magneto coupling between the first magnetic device and the second magnetic device (“The rotor holds rotor magnets 6 that preferably transfer rotation energy and that can be individual or formed by a continuous magnetic ring. These rotor magnets work as shown in FIG. 1 with a stator 12 inside the housing lower part 19 having coils 9 creating a rotating magnetic field. An axial offset of the rotor magnets 6 and stator 8 causes the coupling force 21 to be effective at an angle and provide an axial component for additional stabilizing of the rotor 1, the direction of this axial component being upward or downward by appropriate offset of the stator 12 upward or downward.”, paragraph [0012]).
Regarding claim 63, Schima discloses the invention substantially as claimed, but fails to disclose that the first magnetic device comprises a bar magnet and wherein the second magnetic device comprises a bar magnet. Bar magnets are a well-known magnet used in magnetically rotatable pump devices and, therefore, it would have been obvious to one having ordinary skill in the art before Applicant’s invention was made to modify the invention of Schima in view of Hart such that the first and second magnetic devices are bar magnets, as it has been held that simple substitution of one known element for another to yield predictable results requires only routine skill in the art.
Regarding claim 64, Schima discloses that the blood outflow port positioned to be entirely downstream of at least a portion of the magnetically driven rotor assembly (see annotated Figure 1 above).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 29-65 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-37 of U.S. Patent No. 12,480,496. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the patent anticipate the claims of the present application.

18/909,116
U.S. Patent No. 12,480,496
29. A heart assist pump device configured to be positioned within a patient’s body and comprising:
a blood flow path comprising:
an inflow tube with a distal suction end configured to be inserted into a ventricle of a heart, wherein the inflow tube is substantially linear and comprises a central axis, wherein the distal suction end is aligned with the central axis;
a first chamber comprising one or more side walls and further comprising a substantially planar bottom wall having an inner surface that is located at a position that is axially opposite of the distal suction end,

wherein the substantially planar bottom wall is immediately adjacent to the one or more side walls, wherein the one or more side walls extend away from the inner surface of the substantially planar bottom wall in an upstream direction, wherein the first chamber is axially adjacent to, and in fluid communication with, the inflow tube, and wherein the first chamber is axially aligned with the distal suction end and with the central axis; and a blood outflow path comprising a
blood outflow port that is located downstream of the inflow tube and configured to convey blood out of the first chamber, the blood outflow path in fluid communication with the first chamber and with a blood vessel of the body, wherein at least part of the blood outflow path is positioned immediately radially adjacent to the inner surface of the substantially planar bottom of the first chamber, and wherein the blood outflow path is configured to direct blood from the first chamber in at least one direction that is not axially aligned with the central axis; a magnetically driven rotor assembly comprising a rotor and a first magnetic device, wherein the entire magnetically driven rotor assembly is located within the first chamber, wherein the first magnetic device is a single magnetic device that is axially adjacent to the rotor and rigidly coupled to the rotor, wherein at least part of the magnetically driven rotor assembly is positioned upstream of the blood outflow port;

a second magnetic device associated with, and sealed from, the magnetically driven rotor assembly and wherein the second magnetic device is configured to interact magnetically with the first magnetic device to rotate the magnetically driven rotor assembly, wherein the second magnetic device is a single magnetic device, wherein the magnetically driven rotor assembly and the second magnetic device are axially aligned with the central axis and with the distal suction end of the inflow tube, and wherein the magnetic interaction between the first and second magnetic devices is configured to rotate the magnetically driven rotor assembly within the first chamber and further configured to orient the magnetically driven rotor assembly within the first chamber such that the magnetically driven rotor assembly is entirely spaced away from the one or more side walls of the first chamber by the magnetic interaction between the first and second magnetic devices to define a gap between the one or more side walls of the first chamber and the magnetically driven rotor assembly, wherein the gap is configured for blood through therethrough, wherein the magnetically driven rotor assembly further comprises guide surfaces in fluid communication with the blood flowing through the blood flow path and the blood outflow path, the guide surfaces configured to produce centrifugal components within the blood within the first chamber during rotation of the magnetically driven rotor assembly, and

wherein at least the guide surfaces of the magnetically driven rotor assembly are configured to drive the blood flow along the blood outflow path.
1. A heart assist pump device configured to be positioned within a patient's body and comprising:
a blood flow path comprising:
an inflow tube with a distal suction end configured to be inserted into a ventricle of a heart, wherein the inflow tube is substantially
linear and comprises a central axis, wherein the distal suction end is aligned with the central axis;
a first chamber comprising one or more side walls and further comprising a substantially
planar bottom wall having an inner surface that is located at a position that is axially opposite of the distal suction end, wherein the inner surface is substantially perpendicular to the central axis, wherein the substantially planar bottom wall is immediately adjacent to the one or more side walls, wherein the one or more side walls extend away from the inner surface of the substantially
planar bottom wall in an upstream direction, wherein the first chamber is axially adjacent to, and in fluid communication with, the inflow tube, and wherein the first chamber is axially aligned with the distal suction end and with the central axis; and a blood outflow path comprising a
blood outflow port that is located downstream of the inflow tube and configured to convey blood
out of the first chamber, the blood outflow path in fluid communication with the first chamber and with a blood vessel of the body, wherein the blood outflow port is positioned immediately axially adjacent to the inner
surface of the substantially planar bottom of the first chamber, and wherein the blood outflow path is configured to direct blood from the first chamber in at least one direction that is not axially aligned with the central axis; a
magnetically driven rotor assembly comprising a rotor and a first magnetic device, wherein the entire magnetically driven rotor assembly is located within the first chamber, wherein the first magnetic device is a single magnetic device that is coupled to the rotor, wherein the entire magnetically driven rotor assembly
is positioned along the central axis between the inflow tube and the inner surface of the substantially planar bottom wall of the first chamber;
a second magnetic device associated with, and sealed from, the magnetically driven rotor
assembly and wherein the second magnetic
device is configured to interact magnetically with the first magnetic device to rotate the
magnetically driven rotor assembly, wherein the second magnetic device is a single magnetic
device, wherein the magnetically driven rotor
assembly and the second magnetic device are axially aligned with the central axis and with the distal suction end of the inflow tube, wherein the magnetic interaction between the first and second magnetic devices is configured to rotate the magnetically driven rotor assembly within the first chamber and further configured to orient the magnetically driven rotor assembly within the first chamber such that the magnetically driven
rotor assembly is entirely spaced away from the one or more side walls of the first chamber by the magnetic interaction between the first and second magnetic devices to define a gap between the one or more side walls of the first chamber and the magnetically driven rotor assembly, wherein the gap is configured for blood through therethrough, wherein the magnetically driven
rotor assembly further comprises guide surfaces in fluid communication with the blood flowing through the blood flow path and the blood
outflow path, the guide surfaces configured to produce centrifugal components within the
blood within the first chamber during rotation of the magnetically driven rotor assembly, wherein the magnetically driven rotor assembly and the second magnetic device are configured to be positioned within the body and outside of the ventricle, and
wherein at least the guide surfaces of the magnetically driven rotor assembly are configured to drive the blood flow along the blood outflow path.
30. (New) The heart assist pump device of claim 29, further comprising a second chamber that surrounds the second magnetic device and comprises one or more walls that seal the second

magnetic device from the magnetically driven rotor assembly.
2. The heart assist pump device of claim 1, further comprising a second chamber that surrounds the second magnetic device and comprises one or more walls that seal the second magnetic device from the magnetically driven rotor assembly.
31. (New) The heart assist pump device of claim 29, wherein the guide surfaces are spaced axially away from the inner surface of the substantially planar bottom wall.
3. The heart assist pump device of claim 1, wherein the guide surfaces are spaced axially away from the inner surface of the substantially planar bottom wall.
32. (New) The heart assist pump device of claim 29, wherein the second magnetic device radially overlaps at least part of the first magnetic device and wherein the second magnetic device is axially closer to the first magnetic device than to the guide surfaces of the rotor.
4. The heart assist pump device of claim 1, wherein the second magnetic device radially overlaps at least part of the first magnetic device and wherein the second magnetic device is axially closer to the first magnetic device than to the guide surfaces of the rotor.
33. (New) The heart assist pump device of claim 29, wherein at least part of the blood outflow path is configured to direct the blood driven by the guide surfaces in a direction that is substantially perpendicular to the central axis.
5. The heart assist pump device of claim 1, wherein at least part of the blood outflow path is configured to direct the blood driven by the guide surfaces in a direction that is substantially perpendicular to the central axis.
34. (New) The heart assist pump device of claim 29, wherein the guide surfaces are configured to drive the blood within the first chamber into the blood outflow path in a direction that is substantially perpendicular to the inflow tube and to the central axis.
6. The heart assist pump device of claim 1, wherein the guide surfaces are configured to drive the blood within the first chamber into the blood outflow path in a direction that is substantially perpendicular to the inflow tube and to the central axis.
35. (New) The heart assist pump device of claim 29, wherein the second magnetic device is spaced axially from the guide surfaces of the rotor.
7. The heart assist pump device of claim 1, wherein the second magnetic device is spaced axially from the guide surfaces of the rotor.
36. (New) The heart assist pump device of claim 29, wherein the blood vessel is an artery.
8. The heart assist pump device of claim 1, wherein the blood vessel is an artery.
37. (New) The heart assist pump device of claim 29, wherein the blood vessel is an aorta.
9. The heart assist pump device of claim 1, wherein the blood vessel is an aorta.
38. (New) The heart assist pump device of claim 29, wherein the ventricle is a left ventricle.
10. The heart assist pump device of claim 1, wherein the ventricle is a left ventricle.
39. (New) The heart assist pump device of claim 29, further comprising a control arrangement comprising at least one sensor configured to generate a control signal, and a controller configured to receive the generated control signal.
11. The heart assist pump device of claim 1, further comprising a control arrangement comprising at least one sensor configured to generate a control signal, and a controller configured to receive the generated control signal.
40. (New) The heart assist pump device of claim 39, wherein the control arrangement is configured to control the heart assist pump device.
12. The heart assist pump device of claim 11, wherein the control arrangement is configured to control the heart assist pump device.
41. (New) The heart assist pump device of claim 29, wherein the magnetic interaction between the first and second magnetic devices is configured to orient an axial position of the magnetically driven rotor assembly within the first chamber such that the magnetically driven rotor assembly is entirely spaced apart from the one or more side walls of the first chamber.
13. The heart assist pump device of claim 1, wherein the magnetic interaction between the first and second magnetic devices is configured to orient an axial position of the magnetically driven rotor assembly within the first chamber such that the magnetically driven rotor assembly is entirely spaced apart from the one or more side walls of the first chamber.
42. (New) The heart assist pump device of claim 29, wherein the magnetic interaction between the first and second magnetic devices is configured to orient a radial position of the magnetically driven rotor assembly within the first chamber such that the magnetically driven rotor assembly is entirely spaced apart from the one or more side walls of the first chamber.
14. The heart assist pump device of claim 1, wherein the magnetic interaction between the first and second magnetic devices is configured to orient a radial position of the magnetically driven rotor assembly within the first chamber such that the magnetically driven rotor assembly is entirely spaced apart from the one or more side walls of the first chamber.
43. (New) The heart assist pump device of claim 29, wherein the magnetic interaction between the first magnetic device and the second magnetic device comprises a magneto coupling between the first magnetic device and the second magnetic device.
15. The heart assist pump device of claim 1, wherein the magnetic interaction between the first magnetic device and the second magnetic device comprises a magneto coupling between the first magnetic device and the second magnetic device.
44. (New) The heart assist pump device of claim 43, wherein the first magnetic device comprises a bar magnet and wherein the second magnetic device comprises a bar magnet.
16. The heart assist pump device of claim 15, wherein the first magnetic device comprises a bar magnet and wherein the second magnetic device comprises a bar magnet.
45. (New) The heart assist pump device of claim 29, further comprising the blood outflow port positioned to be entirely downstream of at least a portion of the magnetically driven rotor assembly.
18. The heart assist pump device of claim 1, further comprising the blood outflow port positioned to be entirely downstream of at least a portion of the magnetically driven rotor
assembly.
46. (New) A method for assisting the blood circulation of a heart in a body, comprising: providing the heart assist pump device of claim 29;
orienting the magnetically driven rotor assembly within the first chamber via the magnetic interaction between the first and second magnetic devices such that the magnetically driven rotor assembly remains entirely spaced away from the one or more side walls of the first chamber to define the gap between the one or more side walls of the first chamber and the magnetically driven rotor assembly;
positioning the heart assist pump device within the body; inserting the suction end of the inflow tube into the left ventricle; activating the heart assist pump device; rotating the magnetically driven rotor assembly via the magnetic interaction; continue the orienting of a position of the magnetically driven rotor assembly via the magnetic interaction of the magnetically driven rotor assembly within the first chamber during the rotating of the magnetically driven rotor assembly such that a gap between the one or more side walls of the first chamber and the magnetically driven rotor assembly is provided; suctioning the blood from the ventricle and into the inflow tube; driving the blood from the first chamber through the blood outflow path; and conveying the blood through the blood outflow path to the aorta.

19. A method for assisting the blood circulation of a heart in a body, comprising: providing the heart assist pump device of claim 1;
orienting the magnetically driven rotor assembly within the first chamber via the magnetic
interaction between the first and second
magnetic devices such that the magnetically
driven rotor assembly remains entirely spaced away from the one or more side walls of the first chamber to define the gap between the one or more side walls of the first chamber and the magnetically driven rotor assembly; positioning the heart assist pump device within the body; inserting the suction end of the inflow
tube into the left ventricle; activating the heart assist pump device; rotating the magnetically
driven rotor assembly via the magnetic interaction; continue the orienting of a position of the magnetically driven rotor assembly via the magnetic interaction of the magnetically driven rotor assembly within the first chamber during the rotating of the magnetically driven rotor assembly such that a gap between the one or more side walls of the first chamber and the magnetically driven rotor assembly is provided; suctioning the blood from the ventricle and into the inflow tube; driving the blood from the first chamber through the blood outflow path; and conveying the blood through the blood outflow path to the blood vessel.
47. (New) The method of claim 46, wherein the orienting of a position of the magnetically driven rotor assembly within the first chamber comprises orienting an axial and a radial position of the magnetically driven rotor assembly within the first chamber.
20. The method of claim 19, wherein the orienting of a position of the magnetically driven
rotor assembly within the first chamber comprises orienting an axial and a radial position of the magnetically driven rotor assembly within the first chamber.
48. (New) A heart assist pump device configured to be positioned within a patient's body and comprising: a blood flow path comprising:
an inflow tube with a distal suction end configured to be inserted into a ventricle of a heart, wherein the inflow tube is substantially linear and comprises a central axis, wherein the distal suction end is aligned with the central axis; a first chamber comprising one or more side walls and further comprising a substantially planar bottom wall having an inner surface that is located at a position that is axially opposite of the distal suction end,

wherein the substantially planar bottom wall is immediately adjacent to the one or more side
walls, wherein the one or more side walls extend away from the inner surface of the substantially planar bottom wall in an upstream direction, wherein the first chamber is axially adjacent to, and in fluid communication with, the inflow tube, wherein the first chamber is axially aligned with the distal suction end and with the central axis; and a blood outflow path comprising a blood outflow port that is located downstream of the inflow tube and configured to convey blood out of the first chamber, the blood outflow path in fluid communication with the first chamber and with a blood vessel of the body, wherein at least part of the blood outflow path is positioned immediately radially adjacent to the inner surface of the substantially planar bottom wall of the first chamber, and wherein the blood outflow path is configured to direct blood from the first chamber in at least one direction that is not axially aligned with the central axis;
a magnetically driven rotor assembly comprising a rotor and a first magnetic device, wherein the entire magnetically driven rotor assembly is located within the first chamber, wherein the first magnetic device is a single magnetic device that is axially adjacent to the rotor and rigidly coupled to the rotor, wherein at least part of the magnetically driven rotor assembly is positioned upstream of the blood outflow path and wherein the blood outflow port is positioned such that it is entirely downstream of at least a portion of the magnetically driven rotor assembly;

a second magnetic device associated with, and sealed from, the magnetically driven rotor assembly and wherein the second magnetic device is configured to interact magnetically with the first magnetic device to rotate the magnetically driven rotor assembly, wherein the second magnetic device is a single magnetic device, wherein the magnetically driven rotor assembly and the second magnetic device are axially aligned with the central axis and with the distal suction end of the inflow tube, and wherein the first magnetic device interacts magnetically with the second magnetic device, such that a magnetic interaction between the first and second magnetic devices is configured to rotate the magnetically driven rotor assembly within the first chamber and further configured to orient the magnetically driven rotor assembly within the first chamber such that the magnetically driven rotor assembly is entirely spaced away from the one or more side walls of the first chamber by the magnetic interaction between the first and second magnetic devices to define a gap between the one or more side walls of the first chamber and the magnetically driven rotor assembly, wherein the gap is configured for blood through therethrough wherein the magnetically driven rotor assembly further comprises guide surfaces in fluid communication with the blood flowing through the blood flow path and the blood outflow path, the guide surfaces configured to produce centrifugal components within the blood within the first chamber during rotation of the magnetically driven rotor assembly,

wherein at least the guide surfaces of the magnetically driven rotor assembly are configured to drive the blood flow along the blood outflow path.
21. A heart assist pump device configured to be positioned within a patient's body and comprising: a blood flow path comprising: an inflow tube with a distal suction end configured to be inserted into a ventricle of a heart, wherein the inflow tube is substantially
linear and comprises a central axis, wherein the distal suction end is aligned with the central axis; a first chamber comprising one or more side walls and further comprising a substantially planar
bottom wall having an inner surface that is located at a position that is axially opposite of the distal suction end and wherein the inner surface is substantially perpendicular to the central axis, wherein the substantially planar bottom wall is immediately adjacent to the one or more side walls, wherein the one or more side walls extend away from the inner surface of the substantially
planar bottom wall in an upstream direction, wherein the first chamber is axially adjacent to, and in fluid communication with, the inflow tube, wherein the first chamber is axially aligned with the distal suction end and with the central axis; and a blood outflow path comprising a blood
outflow port that is located downstream of the
inflow tube and configured to convey blood out of the first chamber, the blood outflow path in fluid communication with the first chamber and with a blood vessel of the body, wherein the blood outflow port is positioned immediately axially adjacent to the inner surface of the substantially planar bottom wall of the first chamber, and wherein the blood outflow path is configured to direct blood from the first chamber in at least one direction that is not axially aligned with the central axis; a magnetically driven rotor assembly comprising a rotor and a first magnetic device, wherein the entire magnetically driven rotor assembly is located within the first chamber, wherein the first magnetic device is a single magnetic device that is axially adjacent to the rotor and rigidly
coupled to the rotor, wherein at least part of the
magnetically driven rotor assembly is positioned upstream of the blood outflow port, and wherein the magnetically driven rotor assembly is positioned along the central axis between the inflow tube and the substantially planar
bottom wall of the first chamber;
a second magnetic device associated with, and sealed from, the magnetically driven rotor
assembly and wherein the second magnetic
device is configured to interact magnetically with the first magnetic device to rotate the
magnetically driven rotor assembly, wherein the second magnetic device is a single magnetic
device, wherein the magnetically driven rotor
assembly and the second magnetic device are axially aligned with the central axis and with the distal suction end of the inflow tube, and wherein the first magnetic device interacts magnetically
with the second magnetic device, such that a
magnetic interaction between the first and second magnetic devices is configured to rotate the magnetically driven rotor assembly within the first chamber and further configured to orient the magnetically driven rotor assembly within the first chamber such that the magnetically driven
rotor assembly is entirely spaced away from the one or more side walls of the first chamber by the magnetic interaction between the first and second magnetic devices to define a gap between the one or more side walls of the first chamber and the magnetically driven rotor assembly, wherein the gap is configured for blood through therethrough wherein the magnetically driven
rotor assembly further comprises guide surfaces in fluid communication with the blood flowing through the blood flow path and the blood
outflow path, the guide surfaces configured to produce centrifugal components within the
blood within the first chamber during rotation of the magnetically driven rotor assembly, wherein the magnetically driven rotor assembly and the second magnetic device are configured to be positioned within the patient's body and outside of the ventricle,

wherein at least the guide surfaces of the
magnetically driven rotor assembly are configured to drive the blood flow along the blood outflow path.
49. (New) The heart assist pump device of claim 48, further comprising a second chamber that surrounds the second magnetic device and comprises one or more walls that seal the second magnetic device from the magnetically driven rotor assembly.
22. The heart assist pump device of claim 21, further comprising a second chamber that surrounds the second magnetic device and comprises one or more walls that seal the second magnetic device from the magnetically driven rotor assembly.
50. (New) The heart assist pump device of claim 48, wherein the guide surfaces are spaced axially away from the inner surface of the substantially planar bottom wall.
23. The heart assist pump device of claim 21, wherein the guide surfaces are spaced axially away from the inner surface of the substantially planar bottom wall.
51. (New) The heart assist pump device of claim 48, wherein the second magnetic device radially overlaps at least part of the first magnetic device and wherein the second magnetic device is axially closer to the first magnetic device than to the guide surfaces of the rotor.
24. The heart assist pump device of claim 21, wherein the second magnetic device radially overlaps at least part of the first magnetic device and wherein the second magnetic device is axially closer to the first magnetic device than to the guide surfaces of the rotor.
52. (New) The heart assist pump device of claim 48, wherein at least part of the blood outflow path is configured to direct the blood driven by the guide surfaces in a direction that is substantially perpendicular to the central axis.
25. The heart assist pump device of claim 21, wherein at least part of the blood outflow path is configured to direct the blood driven by the guide surfaces in a direction that is substantially perpendicular to the central axis.
53. (New) The heart assist pump device of claim 48, wherein the guide surfaces are configured to drive the blood within the first chamber into the blood outflow path in a direction that is substantially perpendicular to the inflow tube and to the central axis.
26. The heart assist pump device of claim 21, wherein the guide surfaces are configured to drive the blood within the first chamber into the blood outflow path in a direction that is substantially perpendicular to the inflow tube and to the central axis.
54. (New) The heart assist pump device of claim 48, wherein the second magnetic device is spaced axially from the guide surfaces of the rotor.
27. The heart assist pump device of claim 21, wherein the second magnetic device is spaced axially from the guide surfaces of the rotor.
55. (New) The heart assist pump device of claim 48, wherein the blood vessel is an artery.
28. The heart assist pump device of claim 21, wherein the blood vessel is an artery.
56. (New) The heart assist pump device of claim 48, wherein the blood vessel is an aorta.
29. The heart assist pump device of claim 21, wherein the blood vessel is an aorta.
57. (New) The heart assist pump device of claim 48, wherein the ventricle is a left ventricle.
30. The heart assist pump device of claim 21, wherein the ventricle is a left ventricle.
58. (New) The heart assist pump device of claim 48, further comprising a control arrangement comprising at least one sensor configured to generate a control signal, and a controller configured to receive the generated control signal.
31. The heart assist pump device of claim 21, further comprising a control arrangement comprising at least one sensor configured to generate a control signal, and a controller configured to receive the generated control signal.
59. (New) The heart assist pump device of claim 58, wherein the control arrangement is configured to control the heart assist pump device.
32. The heart assist pump device of claim 31, wherein the control arrangement is configured to control the heart assist pump device.
60. (New) The heart assist pump device of claim 48, wherein the magnetic interaction between the first and second magnetic devices is configured to orient an axial position of the magnetically driven rotor assembly within the first chamber such that the magnetically driven rotor assembly is entirely spaced apart from the one or more side walls of the first chamber.
33. The heart assist pump device of claim 21, wherein the magnetic interaction between the first and second magnetic devices is configured to orient an axial position of the magnetically driven rotor assembly within the first chamber such that the magnetically driven rotor assembly is entirely spaced apart from the one or more side walls of the first chamber.
61. (New) The heart assist pump device of claim 48, wherein the magnetic interaction is configured to orient a radial position of the magnetically driven rotor assembly within the first chamber such that the magnetically driven rotor assembly is entirely spaced apart from the one or more side walls of the first chamber.
34. The heart assist pump device of claim 21, wherein the magnetic interaction is configured to orient a radial position of the magnetically driven rotor assembly within the first chamber such that the magnetically driven rotor assembly is entirely spaced apart from the one or more side walls of the first chamber.
62. (New) The heart assist pump device of claim 48, wherein the magnetic interaction between the first magnetic device and the second magnetic device comprises a magneto coupling between the first magnetic device and the second magnetic device.
35. The heart assist pump device of claim 21, wherein the magnetic interaction between the first magnetic device and the second magnetic device comprises a magneto coupling between the first magnetic device and the second magnetic device.
63. (New) The heart assist pump device of claim 62, wherein the first magnetic device comprises a bar magnet and wherein the second magnetic device comprises a bar magnet.
36. The heart assist pump device of claim 35, wherein the first magnetic device comprises a bar magnet and wherein the second magnetic device comprises a bar magnet.
64. (New) The heart assist pump device of claim 48, further comprising the blood outflow port positioned to be entirely downstream of at least a portion of the magnetically driven rotor assembly.
18. The heart assist pump device of claim 1, further comprising the blood outflow port positioned to be entirely downstream of at least a portion of the magnetically driven rotor assembly.
65. (New) A method for assisting the blood circulation of a heart in a body, comprising: providing the heart assist pump device of claim 48;orienting a radial position and an axial position of the magnetically driven rotor assembly within the first chamber via the magnetic interaction between the first and second magnetic devices such that the magnetically driven rotor assembly remains entirely spaced away from the one or more side walls of the first chamber to define the gap between the one or more side walls of the first chamber and the magnetically driven rotor assembly; positioning the heart assist pump device within the body; inserting the suction end of the inflow tube into the left ventricle; activating the heart assist pump device; rotating the magnetically driven rotor assembly via the magnetic interaction between the first and second magnetic devices; continuing the orienting of a radial position and an axial position of the magnetically driven rotor assembly within the first chamber during the rotating of the magnetically driven rotor assembly; suctioning the blood from the ventricle and into the inflow tube; driving the blood through blood outflow path; and conveying the blood through the blood outflow path to the aorta.
37. A method for assisting the blood circulation of a heart in a body, comprising: providing the heart assist pump device of claim 21; orienting a radial position and an axial position of the magnetically driven rotor assembly within the first chamber via the magnetic interaction between the first and second magnetic devices such that the magnetically driven rotor assembly remains entirely spaced away from the one or more side walls of the first chamber to define the gap between the one or more side walls of the first chamber and the magnetically driven rotor assembly; positioning the heart assist pump device within the body; inserting the suction end of the inflow tube into the left ventricle; activating the heart assist pump device; rotating the magnetically driven rotor assembly via the magnetic interaction between the first and second magnetic devices; continuing the orienting of a radial position and an axial position of the magnetically driven rotor assembly within the first chamber during the rotating of the magnetically driven rotor assembly; suctioning the blood from the ventricle and into the inflow tube; driving the blood through blood outflow path; and conveying the blood through the blood outflow path to the blood vessel.

Claims 29-40, 44, 46, and 65 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-12, 14, 15, and 24 of U.S. Patent No. 12,270,400. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the patent anticipate the claims of the present application.

18/909,116
U.S. Patent No. 12,270,400
29. A heart assist pump device configured to be positioned within a patient’s body and comprising:
a blood flow path comprising:
an inflow tube with a distal suction end configured to be inserted into a ventricle of a heart, wherein the inflow tube is substantially linear and comprises a central axis, wherein the distal suction end is aligned with the central axis;
a first chamber comprising one or more side walls and further comprising a substantially planar bottom wall having an inner surface that is located at a position that is axially opposite of the distal suction end, wherein the substantially planar bottom wall is immediately adjacent to the one or more side walls, wherein the one or more side walls extend away from the inner surface of the substantially planar bottom wall in an upstream direction,
wherein the first chamber is axially adjacent to, and in fluid communication with, the inflow tube, and wherein the first chamber is axially aligned with the distal suction end and with the central axis;
and a blood outflow path comprising a
blood outflow port that is
located downstream of the inflow tube and configured to convey blood out of the first chamber, the blood outflow path in fluid communication with the first chamber and with a blood vessel of the body, wherein at least part of the blood outflow path is positioned immediately radially adjacent to the inner surface of the substantially planar bottom of the first chamber, and wherein the blood outflow path is
configured to direct blood from the first chamber in at least one direction that is not axially aligned with the central axis; a magnetically driven rotor assembly comprising a rotor and a first magnetic device, wherein the entire magnetically driven rotor assembly is located within the first chamber, wherein the first magnetic device is a single magnetic device that is axially adjacent to the rotor and rigidly coupled to the rotor, wherein at least part of the magnetically driven rotor assembly is positioned upstream of the blood outflow port;
a second magnetic device associated with, and sealed from, the magnetically driven rotor assembly and wherein the second magnetic device is configured to interact magnetically with the first magnetic device to rotate the magnetically driven rotor assembly, wherein the second magnetic device is a single magnetic device, wherein the magnetically driven rotor assembly and the second magnetic device are axially aligned with the central axis and with the distal suction end of the inflow tube, and wherein the magnetic interaction between the first and second magnetic devices is configured to rotate the magnetically driven rotor assembly within the first chamber and further configured to orient the magnetically driven rotor assembly within the first chamber such that the magnetically driven rotor assembly is entirely spaced away from the one or more side walls of the first chamber by the magnetic interaction between the first and second magnetic devices to define a gap between the one or more side walls of the first chamber and the magnetically driven rotor assembly, wherein the gap is configured for blood through therethrough, wherein the magnetically driven rotor assembly further comprises guide surfaces in fluid communication with the blood flowing through the blood flow path and the blood outflow path, the guide surfaces configured to produce centrifugal components within the blood within the first chamber during rotation of the magnetically driven rotor assembly, and
wherein at least the guide surfaces of the magnetically driven rotor assembly are configured to drive the blood flow along the blood outflow path.
1. A heart assist pump device configured to be positioned within a patient's body and comprising:
a blood flow path comprising:
an inflow tube with a distal suction end configured to be inserted into a ventricle of a heart, wherein the inflow tube is substantially
linear and comprises a central axis, wherein the distal suction end is aligned with the central axis; a first chamber comprising one or more side walls and a substantially planar bottom wall having an inner surface that is located at a position that is axially opposite of the distal suction end,

the first chamber in fluid communication with the inflow tube, wherein the first chamber is axially aligned with the distal suction end and with the central axis;

and a blood outflow path

located downstream of the inflow tube and

in fluid communication with the first chamber and with a blood vessel of the body, and

configured to direct blood in at least one direction that is not axially aligned with the central axis; a magnetic rotor assembly comprising a rotor and a first magnetic device, wherein the entire magnetic rotor assembly is located within the first chamber, wherein the first magnetic device is a single magnetic device that is axially adjacent to the rotor and rigidly coupled to the rotor;

a second magnetic device associated with, and sealed from, the magnetic rotor assembly and wherein the second magnetic device is configured to couple magnetically with the first magnetic device to rotate the magnetic rotor assembly, wherein the second magnetic device is a single magnetic
device, wherein the magnetic rotor assembly and the second magnetic device are axially aligned with the central axis and with the distal suction end of the inflow tube and wherein a magnetic coupling between the first magnetic device and the second magnetic device is further configured to orient the magnetic rotor assembly within the first chamber such that the magnetic rotor assembly is entirely spaced away from the one or more side walls of the first chamber by the magnetic coupling and defines a gap between the one or more side walls of the first chamber and the magnetic rotor assembly, the gap configured for blood flow therethrough,

wherein the magnetic rotor assembly further comprises guide surfaces in fluid communication with the blood flowing through the blood flow path and the blood outflow path, the guide surfaces configured to produce centrifugal components within the blood within the first chamber during rotation of the magnetic rotor assembly, wherein at least the guide surfaces of the magnetic rotor assembly are configured to drive the blood flow along the blood outflow path.
30. (New) The heart assist pump device of claim 29, further comprising a second chamber that surrounds the second magnetic device and comprises one or more walls that seal the second

magnetic device from the magnetically driven rotor assembly.
2. The heart assist pump device of claim 1, further comprising a second chamber that surrounds the second magnetic device and comprises one or more walls that seal the second magnetic device from the magnetic rotor assembly.
31. (New) The heart assist pump device of claim 29, wherein the guide surfaces are spaced axially away from the inner surface of the substantially planar bottom wall.
3. The heart assist pump device of claim 1, wherein the guide surfaces are spaced axially away from the inner surface of the substantially planar bottom wall.
32. (New) The heart assist pump device of claim 29, wherein the second magnetic device radially overlaps at least part of the first magnetic device and wherein the second magnetic device is axially closer to the first magnetic device than to the guide surfaces of the rotor.
4. The heart assist pump device of claim 3, wherein the second magnetic device radially overlaps at least part of the first magnetic device and wherein the second magnetic device is axially closer to the first magnetic device than to the guide surfaces of the rotor.
33. (New) The heart assist pump device of claim 29, wherein at least part of the blood outflow path is configured to direct the blood driven by the guide surfaces in a direction that is substantially perpendicular to the central axis.
5. The heart assist pump device of claim 1, wherein at least part of the blood outflow path is configured to direct the blood driven by the guide surfaces in a direction that is substantially perpendicular to the central axis.
34. (New) The heart assist pump device of claim 29, wherein the guide surfaces are configured to drive the blood within the first chamber into the blood outflow path in a direction that is substantially perpendicular to the inflow tube and to the central axis.
6. The heart assist pump device of claim 1, wherein the guide surfaces are configured to drive the blood within the first chamber into the blood outflow path in a direction that is substantially perpendicular to the inflow tube and to the central axis.
35. (New) The heart assist pump device of claim 29, wherein the second magnetic device is spaced axially from the guide surfaces of the rotor.
7. The heart assist pump device of claim 1, wherein the second magnetic device is spaced axially from the guide surfaces of the rotor.
36. (New) The heart assist pump device of claim 29, wherein the blood vessel is an artery.
8. The heart assist pump device of claim 1, wherein the blood vessel is an artery.
37. (New) The heart assist pump device of claim 29, wherein the blood vessel is an aorta.
9. The heart assist pump device of claim 1, wherein the blood vessel is an aorta.
38. (New) The heart assist pump device of claim 29, wherein the ventricle is a left ventricle.
10. The heart assist pump device of claim 1, wherein the ventricle is a left ventricle.
39. (New) The heart assist pump device of claim 29, further comprising a control arrangement comprising at least one sensor configured to generate a control signal, and a controller configured to receive the generated control signal.
11. The heart assist pump device of claim 1, further comprising a control arrangement comprising at least one sensor configured to generate a control signal, and a controller configured to receive the generated control signal.
40. (New) The heart assist pump device of claim 39, wherein the control arrangement is configured to control the heart assist pump device.
12. The heart assist pump device of claim 11, wherein the control arrangement is configured to control the heart assist pump device.
44. (New) The heart assist pump device of claim 43, wherein the first magnetic device comprises a bar magnet and wherein the second magnetic device comprises a bar magnet.
14. The heart assist pump device of claim 1, wherein the first magnetic device and the second magnetic device are bar magnets.
46. (New) A method for assisting the blood circulation of a heart in a body, comprising: providing the heart assist pump device of claim 29;

orienting the magnetically driven rotor assembly within the first chamber via the magnetic interaction between the first and second magnetic devices such that the magnetically driven rotor assembly remains entirely spaced away from the one or more side walls of the first chamber to define the gap between the one or more side walls of the first chamber and the magnetically driven rotor assembly;
positioning the heart assist pump device within the body; inserting the suction end of the inflow tube into the left ventricle; activating the heart assist pump device; rotating the magnetically driven rotor assembly via the magnetic interaction; continue the orienting of a position of the magnetically driven rotor assembly via the magnetic interaction of the magnetically driven rotor assembly within the first chamber during the rotating of the magnetically driven rotor assembly such that a gap between the one or more side walls of the first chamber and the magnetically driven rotor assembly is provided; suctioning the blood from the ventricle and into the inflow tube; driving the blood from the first chamber through the blood outflow path; and conveying the blood through the blood outflow path to the aorta.

15. A method for assisting the blood circulation of a heart in a body, comprising: providing a heart assist device configured to be positioned within the body, comprising: a blood flow path comprising: an inflow tube with a distal suction end configured to be inserted into a left ventricle of a heart, wherein the inflow tube is substantially linear and comprises a central axis, wherein the distal suction end is aligned with the central axis; a first chamber comprising one or more side walls and a substantially planar bottom wall having an inner surface that is located at a position that is axially opposite of the distal suction end, the first chamber in fluid communication with the inflow tube, wherein the first chamber is axially aligned with the distal suction end and with the central axis; and a blood outflow path located downstream of the inflow tube and in fluid communication with the first chamber and with an aorta of the body, and configured to direct blood in at least one direction that is not axially aligned with the central axis; a magnetic rotor assembly comprising a rotor and a first magnetic device wherein the entire magnetic rotor assembly is located within the first chamber, and wherein the first magnetic device is a single magnetic device that is axially adjacent to the rotor and rigidly coupled to the rotor; a second magnetic device associated with, and sealed from, the magnetic rotor assembly and wherein the second magnetic device is configured to magnetically couple with the first magnetic device to rotate the magnetic rotor assembly, wherein the second magnetic device comprises a single magnetic device, wherein a magnetic coupling between the first magnetic device and the second magnetic device is further configured to passively orient and control an axial position of the magnetic rotor assembly relative to the second magnetic device, wherein the magnetic rotor assembly and the second magnetic device are axially aligned with the distal suction end of the inflow tube and with the central axis; a gap between the one or more side walls of the first chamber and the magnetic rotor assembly, the gap configured for blood flow therethrough, wherein the magnetic rotor assembly comprises guide surfaces in fluid communication with the blood flowing through the blood flow path and the outflow blood path, the guide surfaces configured to produce centrifugal components within the blood within the first chamber during rotation of the magnetic rotor assembly, wherein at least the guide surfaces of the magnetic rotor assembly are configured to drive the blood flow along the blood outflow path;
orienting the magnetic rotor assembly within the first chamber via the magnetic coupling such that the magnetic rotor assembly remains entirely spaced away from the walls of the first chamber and such that the gap between the one or more side walls of the first chamber and the magnetic rotor assembly is defined; positioning the heart assist pump device within the body; inserting the suction end of the inflow tube into the left ventricle; activating the heart assist pump device; rotating the magnetic rotor assembly via the magnetic coupling; maintaining the orienting of the magnetic rotor assembly within the first chamber during the rotation of the magnetic rotor assembly; suctioning the blood from the ventricle and into the inflow tube; driving the blood through the blood outflow path; conveying the blood through the blood outflow path to the aorta.
65. (New) A method for assisting the blood circulation of a heart in a body, comprising: providing the heart assist pump device of claim 48;

orienting a radial position and an axial position of the magnetically driven rotor assembly within the first chamber via the magnetic interaction between the first and second magnetic devices such that the magnetically driven rotor assembly remains entirely spaced away from the one or more side walls of the first chamber to define the gap between the one or more side walls of the first chamber and the magnetically driven rotor assembly; positioning the heart assist pump device within the body; inserting the suction end of the inflow tube into the left ventricle; activating the heart assist pump device; rotating the magnetically driven rotor assembly via the magnetic interaction between the first and second magnetic devices; continuing the orienting of a radial position and an axial position of the magnetically driven rotor assembly within the first chamber during the rotating of the magnetically driven rotor assembly; suctioning the blood from the ventricle and into the inflow tube; driving the blood through blood outflow path; and conveying the blood through the blood outflow path to the aorta.
24. A method for assisting the blood circulation of a heart in a body, comprising: providing a heart assist device comprising: a blood flow path comprising: an inflow tube with a distal suction end configured to be inserted into a left ventricle of a heart, wherein the inflow tube is substantially linear and comprises a central axis, wherein the distal suction end is aligned with the central axis; a first chamber comprising one or more walls and a substantially planar bottom wall having an inner surface that is located at a position that is axially opposite of the distal suction end, the first chamber located downstream of, and in fluid communication with, the inflow tube, wherein the first chamber is axially aligned with the central axis and with the distal suction end; and a blood outflow path located downstream of the inflow tube and in fluid communication with the first chamber and with an aorta of the body, and configured to direct blood in at least one direction that is not axially aligned with the central axis; a magnetic rotor assembly comprising a rotor and a first magnetic device located within the first chamber, wherein the first magnetic device is a single magnetic device rigidly coupled to the rotor and wherein the entire magnetic rotor assembly is located within the first chamber; a second magnetic device associated with, and sealed from, the magnetic rotor assembly and wherein the second magnetic device is configured to magnetically couple with the first magnetic device to rotate and orient the magnetic rotor assembly within the first chamber, wherein the second magnetic device is a single magnetic device, wherein the magnetic rotor assembly and the second magnetic device are axially aligned with the distal suction end and the central axis; a gap between the one or more side walls of the first chamber and the magnetic rotor assembly, the gap configured for blood flow therethrough, wherein the magnetic rotor assembly comprises guide surfaces in fluid communication with the blood flowing through the blood flow path and the outflow blood path, the guide surfaces configured to produce centrifugal components within the blood within the first chamber during rotation of the magnetic rotor assembly, wherein the guide surfaces are spaced axially away from the inner surface of the substantially planar bottom wall, wherein at least the guide surfaces of the magnetic rotor assembly are configured to drive the blood flow along the blood outflow path;
orienting the magnetic rotor assembly within the first chamber via the magnetic coupling such that the magnetic rotor assembly remains entirely spaced away from the walls of the first chamber and such that the gap between the one or more side walls of the first chamber and the magnetic rotor assembly is defined; positioning the heart assist pump device within the body; inserting the suction end of the inflow tube into the left ventricle; passively controlling an axial and/or radial position of the magnetic rotor assembly within the first chamber; activating the heart assist pump device; rotating the magnetic rotor assembly via the magnetic coupling; maintaining the orienting of the magnetic rotor assembly within the first chamber and maintaining the passive controlling of an axial position and/or a radial position of the magnetic rotor assembly within the first chamber during the rotation of the magnetic rotor assembly; suctioning the blood from the ventricle and into the inflow tube; driving the blood through blood outflow path; and conveying the blood through the blood outflow path to the aorta.

Claims 29-40, 46, and 65 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-12, 14, and 22 of U.S. Patent No. 12,270,401. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the patent anticipate the claims of the present application.

18/909,116
U.S. Patent No. 12,270,401
29. A heart assist pump device configured to be positioned within a patient’s body and comprising:
a blood flow path comprising:
an inflow tube with a distal suction end configured to be inserted into a ventricle of a heart, wherein the inflow tube is substantially linear and comprises a central axis, wherein the distal suction end is aligned with the central axis;
a first chamber comprising one or more side walls and further comprising a substantially planar bottom wall having an inner surface that is located at a position that is axially opposite of the distal suction end, wherein the substantially planar bottom wall is immediately adjacent to the one or more side walls, wherein the one or more side walls extend away from the inner surface of the substantially planar bottom wall in an upstream direction, wherein the first chamber is axially adjacent to, and in fluid communication with, the inflow tube, and wherein the first chamber is axially aligned with the distal suction end and with the central axis; and a blood outflow path comprising a
blood outflow port that is located downstream of the inflow tube and configured to convey blood out of the first chamber, the blood outflow path in fluid communication with the first chamber and with a blood vessel of the body, wherein at least part of the blood outflow path is positioned immediately radially adjacent to the inner surface of the substantially planar bottom of the first chamber, and wherein the blood outflow path is configured to direct blood from the first chamber in at least one direction that is not axially aligned with the central axis; a magnetically driven rotor assembly comprising a rotor and a first magnetic device, wherein the entire magnetically driven rotor assembly is located within the first chamber, wherein the first magnetic device is a single magnetic device that is axially adjacent to the rotor and rigidly coupled to the rotor, wherein at least part of the magnetically driven rotor assembly is positioned upstream of the blood outflow port;
a second magnetic device associated with, and sealed from, the magnetically driven rotor assembly and wherein the second magnetic device is configured to interact magnetically with the first magnetic device to rotate the magnetically driven rotor assembly, wherein the second magnetic device is a single magnetic device, wherein the magnetically driven rotor assembly and the second magnetic device are axially aligned with the central axis and with the distal suction end of the inflow tube, and wherein the magnetic interaction between the first and second magnetic devices is configured to rotate the magnetically driven rotor assembly within the first chamber and further configured to orient the magnetically driven rotor assembly within the first chamber such that the magnetically driven rotor assembly is entirely spaced away from the one or more side walls of the first chamber by the magnetic interaction between the first and second magnetic devices to define a gap between the one or more side walls of the first chamber and the magnetically driven rotor assembly, wherein the gap is configured for blood through therethrough, wherein the magnetically driven rotor assembly further comprises guide surfaces in fluid communication with the blood flowing through the blood flow path and the blood outflow path, the guide surfaces configured to produce centrifugal components within the blood within the first chamber during rotation of the magnetically driven rotor assembly, and
wherein at least the guide surfaces of the magnetically driven rotor assembly are configured to drive the blood flow along the blood outflow path.
1. A heart assist pump device configured to be positioned within a patient's body and comprising:
a blood flow path comprising:
an inflow tube with a distal suction end configured to be inserted into a ventricle of a heart, wherein the inflow tube is substantially
linear and comprises a central axis, wherein the distal suction end is aligned with the central axis; a first chamber comprising one or more side walls and a substantially planar bottom wall having an inner surface that is located at a position that is axially opposite of the distal suction end,

the first chamber in fluid communication with the inflow tube, wherein the first chamber is axially aligned with the distal suction end and with the central axis;

and a blood outflow path located downstream of the inflow tube and in fluid communication with the first chamber and with a blood vessel of the body, and configured to direct blood in at least one direction that is not axially aligned with the central axis;

a magnetic rotor assembly comprising a rotor and a first magnetic device, wherein the entire magnetic rotor assembly is located within the first chamber, wherein the first magnetic device is a single magnetic device that is axially adjacent to the rotor and rigidly
coupled to the rotor;

a second magnetic device associated with, and sealed from, the magnetic rotor assembly and wherein the second magnetic device is configured to couple magnetically with the first magnetic device to rotate the magnetic rotor assembly, wherein the second magnetic device is a single magnetic device, wherein the magnetic rotor assembly and the second magnetic device are axially aligned with the central axis and with the distal suction end of the inflow tube, and wherein a magnetic coupling between the first magnetic device and the second magnetic device is configured to rotate the magnetic rotor assembly, and to orient the magnetic rotor assembly within the first chamber to control an axial position of the magnetic rotor assembly within the first chamber such that the magnetic rotor assembly is entirely spaced away from the one or more side walls of the first chamber by the magnetic coupling to define a gap between the one or more side walls of the first chamber and the magnetic rotor assembly, the gap configured for blood flow therethrough, wherein the magnetic rotor assembly further comprises guide surfaces in fluid communication with the blood flowing through the blood flow path and the blood outflow path, the guide surfaces configured to produce centrifugal components within the blood within the first chamber during rotation of the magnetic rotor assembly, wherein at least the guide surfaces of the magnetic rotor assembly are configured to drive the blood flow along the blood outflow path.
30. (New) The heart assist pump device of claim 29, further comprising a second chamber that surrounds the second magnetic device and comprises one or more walls that seal the second
magnetic device from the magnetically driven rotor assembly.
2. The heart assist pump device of claim 1, further comprising a second chamber that surrounds the second magnetic device and comprises one or more walls that seal the second magnetic device from the magnetic rotor assembly.
31. (New) The heart assist pump device of claim 29, wherein the guide surfaces are spaced axially away from the inner surface of the substantially planar bottom wall.
3. The heart assist pump device of claim 1, wherein the guide surfaces are spaced axially away from the inner surface of the substantially planar bottom wall.
32. (New) The heart assist pump device of claim 29, wherein the second magnetic device radially overlaps at least part of the first magnetic device and wherein the second magnetic device is axially closer to the first magnetic device than to the guide surfaces of the rotor.
4. The heart assist pump device of claim 3, wherein the second magnetic device radially overlaps at least part of the first magnetic device and wherein the second magnetic device is axially closer to the first magnetic device than to the guide surfaces of the rotor.
33. (New) The heart assist pump device of claim 29, wherein at least part of the blood outflow path is configured to direct the blood driven by the guide surfaces in a direction that is substantially perpendicular to the central axis.
5. The heart assist pump device of claim 1, wherein at least part of the blood outflow path is configured to direct the blood driven by the guide surfaces in a direction that is substantially perpendicular to the central axis.
34. (New) The heart assist pump device of claim 29, wherein the guide surfaces are configured to drive the blood within the first chamber into the blood outflow path in a direction that is substantially perpendicular to the inflow tube and to the central axis.
6. The heart assist pump device of claim 1, wherein the guide surfaces are configured to drive the blood within the first chamber into the blood outflow path in a direction that is substantially perpendicular to the inflow tube and to the central axis.
35. (New) The heart assist pump device of claim 29, wherein the second magnetic device is spaced axially from the guide surfaces of the rotor.
7. The heart assist pump device of claim 1, wherein the second magnetic device is spaced axially from the guide surfaces of the rotor.
36. (New) The heart assist pump device of claim 29, wherein the blood vessel is an artery.
8. The heart assist pump device of claim 1, wherein the blood vessel is an artery.
37. (New) The heart assist pump device of claim 29, wherein the blood vessel is an aorta.
9. The heart assist pump device of claim 1, wherein the blood vessel is an aorta.
38. (New) The heart assist pump device of claim 29, wherein the ventricle is a left ventricle.
10. The heart assist pump device of claim 1, wherein the ventricle is a left ventricle.
39. (New) The heart assist pump device of claim 29, further comprising a control arrangement comprising at least one sensor configured to generate a control signal, and a controller configured to receive the generated control signal.
11. The heart assist pump device of claim 1, further comprising a control arrangement comprising at least one sensor configured to generate a control signal, and a controller configured to receive the generated control signal.
40. (New) The heart assist pump device of claim 39, wherein the control arrangement is configured to control the heart assist pump device.
12. The heart assist pump device of claim 11, wherein the control arrangement is configured to control the heart assist pump device.
46. (New) A method for assisting the blood circulation of a heart in a body, comprising: providing the heart assist pump device of claim 29;

orienting the magnetically driven rotor assembly within the first chamber via the magnetic interaction between the first and second magnetic devices such that the magnetically driven rotor assembly remains entirely spaced away from the one or more side walls of the first chamber to define the gap between the one or more side walls of the first chamber and the magnetically driven rotor assembly;
positioning the heart assist pump device within the body; inserting the suction end of the inflow tube into the left ventricle; activating the heart assist pump device; rotating the magnetically driven rotor assembly via the magnetic interaction; continue the orienting of a position of the magnetically driven rotor assembly via the magnetic interaction of the magnetically driven rotor assembly within the first chamber during the rotating of the magnetically driven rotor assembly such that a gap between the one or more side walls of the first chamber and the magnetically driven rotor assembly is provided; suctioning the blood from the ventricle and into the inflow tube; driving the blood from the first chamber through the blood outflow path; and conveying the blood through the blood outflow path to the aorta.

14. A method for assisting the blood circulation of a heart in a body, comprising: providing a heart assist device configured to be positioned within the body, comprising: a blood flow path comprising: an inflow tube with a distal suction end configured to be inserted into a left ventricle of a heart, wherein the inflow tube is substantially linear and comprises a central axis, wherein the distal suction end is aligned with the central axis; a first chamber comprising one or more side walls and a substantially planar bottom wall having an inner surface that is located at a position that is axially opposite of the distal suction end, wherein the first chamber is in fluid communication with the inflow tube, and wherein the first chamber is axially aligned with the distal suction end and with the central axis; and a blood outflow path located downstream of the inflow tube and in fluid communication with the first chamber and with an aorta of the body, and configured to direct blood in at least one direction that is not axially aligned with the central axis; a magnetic rotor assembly comprising a rotor and a first magnetic device wherein the entire magnetic rotor assembly is located within the first chamber, and wherein the first magnetic device is a single magnetic device that is axially adjacent to the rotor and rigidly coupled to the rotor; a second magnetic device associated with, and sealed from, the magnetic rotor assembly and wherein the second magnetic device is configured to magnetically couple with the first magnetic device to rotate the magnetic rotor assembly, wherein the second magnetic device is a single magnetic device, wherein a magnetic coupling between the first magnetic device and the second magnetic device is further configured to orient and control an axial position of the magnetic rotor assembly within the first chamber relative to the one or more side walls of the first chamber, wherein the magnetic rotor assembly and the second magnetic device are axially aligned with the distal suction end of the inflow tube and with the central axis; a gap between the one or more side walls of the first chamber and the magnetic rotor assembly, the gap configured for blood flow therethrough, wherein the magnetic rotor assembly comprises guide surfaces in fluid communication with the blood flowing through the blood flow path and the outflow blood path, the guide surfaces configured to produce centrifugal components within the blood within the first chamber during rotation of the magnetic rotor assembly, wherein at least the guide surfaces of the magnetic rotor assembly are configured to drive the blood flow along the blood outflow path;
orienting an axial position of the magnetic rotor assembly within the first chamber via the magnetic coupling such that the magnetic rotor assembly remains entirely spaced away from the walls of the first chamber and such that the gap between the one or more side walls of the first chamber and the magnetic rotor assembly is defined; positioning the heart assist pump device within the body; inserting the suction end of the inflow tube into the left ventricle; activating the heart assist pump device; rotating the magnetic rotor assembly via the magnetic coupling; maintaining the orienting of an axial position of the magnetic rotor assembly within the first chamber during the rotation of the magnetic rotor assembly; suctioning the blood from the ventricle and into the inflow tube; driving the blood through the blood outflow path; and conveying the blood through the blood outflow path to the aorta.
65. (New) A method for assisting the blood circulation of a heart in a body, comprising: providing the heart assist pump device of claim 48;

orienting a radial position and an axial position of the magnetically driven rotor assembly within the first chamber via the magnetic interaction between the first and second magnetic devices such that the magnetically driven rotor assembly remains entirely spaced away from the one or more side walls of the first chamber to define the gap between the one or more side walls of the first chamber and the magnetically driven rotor assembly; positioning the heart assist pump device within the body; inserting the suction end of the inflow tube into the left ventricle; activating the heart assist pump device; rotating the magnetically driven rotor assembly via the magnetic interaction between the first and second magnetic devices; continuing the orienting of a radial position and an axial position of the magnetically driven rotor assembly within the first chamber during the rotating of the magnetically driven rotor assembly; suctioning the blood from the ventricle and into the inflow tube; driving the blood through blood outflow path; and conveying the blood through the blood outflow path to the aorta.
22. A method for assisting the blood circulation of a heart in a body, comprising: providing a heart assist device comprising: a blood flow path comprising: an inflow tube with a distal suction end configured to be inserted into a left ventricle of a heart, wherein the inflow tube is substantially linear and comprises a central axis, wherein the distal suction end is aligned with the central axis; a first chamber comprising one or more walls and a substantially planar bottom wall having an inner surface that is located at a position that is axially opposite of the distal suction end, wherein the first chamber is in fluid communication with the inflow tube, and wherein the first chamber is axially aligned with the central axis and with the distal suction end; and a blood outflow path located downstream of the inflow tube and in fluid communication with the first chamber and with an aorta of the body, and configured to direct blood in at least one direction that is not axially aligned with the central axis; a magnetic rotor assembly comprising a rotor and a first magnetic device located within the first chamber, wherein the first magnetic device is a single magnetic device rigidly coupled to the rotor and wherein the entire magnetic rotor assembly is located within the first chamber, and wherein an axial position of the magnetic rotor assembly is oriented by the magnetic coupling to space the magnetic rotor assembly away from the one or more side walls of the first chamber; a second magnetic device associated with, and sealed from, the magnetic rotor assembly and wherein the second magnetic device is configured to magnetically couple with the first magnetic device to rotate and orient the magnetic rotor assembly within the first chamber, wherein the second magnetic device is a single magnetic device, wherein the magnetic rotor assembly and the second magnetic device are axially aligned with the distal suction end and the central axis; a gap between the one or more side walls of the first chamber and the magnetic rotor assembly, the gap configured for blood flow therethrough, the gap defined by the spacing of the magnetic rotor assembly from the one or more side walls of the first chamber, wherein the magnetic rotor assembly comprises guide surfaces in fluid communication with the blood flowing through the blood flow path and the outflow blood path, the guide surfaces configured to produce centrifugal components within the blood within the first chamber during rotation of the magnetic rotor assembly, wherein the guide surfaces are spaced axially away from the inner surface of the substantially planar bottom wall, wherein at least the guide surfaces of the magnetic rotor assembly are configured to drive the blood flow along the blood outflow path;
orienting an axial position of the magnetic rotor assembly via the magnetic coupling such that the magnetic rotor assembly remains entirely spaced away from the walls of the first chamber and such that the gap between the one or more side walls of the first chamber and the magnetic rotor assembly is defined; positioning the heart assist pump device within the body; inserting the suction end of the inflow tube into the left ventricle; controlling an axial position of the magnetic rotor assembly within the first chamber; activating the heart assist pump device; rotating the magnetic rotor assembly via the magnetic coupling; maintaining the orienting of the magnetic rotor assembly within the first chamber and maintaining the controlling of the axial position of the magnetic rotor assembly within the first chamber during the rotation of the magnetic rotor assembly; suctioning the blood from the ventricle and into the inflow tube; driving the blood through blood outflow path; and conveying the blood through the blood outflow path to the aorta.

Claims 29-41, 44, 46, and 65 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-13, (14 and 15), 16, and 26 of U.S. Patent No. 12,264,677. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the patent anticipate the claims of the present application.

18/909,116
U.S. Patent No. 12,264,677
29. A heart assist pump device configured to be positioned within a patient’s body and comprising:
a blood flow path comprising:
an inflow tube with a distal suction end configured to be inserted into a ventricle of a heart, wherein the inflow tube is substantially linear and comprises a central axis, wherein the distal suction end is aligned with the central axis;
a first chamber comprising one or more side walls and further comprising a substantially planar bottom wall having an inner surface that is located at a position that is axially opposite of the distal suction end, wherein the substantially planar bottom wall is immediately adjacent to the one or more side walls, wherein the one or more side walls extend away from the inner surface of the substantially planar bottom wall in an upstream direction,
wherein the first chamber is axially adjacent to, and in fluid communication with, the inflow tube, and wherein the first chamber is axially aligned with the distal suction end and with the central axis; and a blood outflow path comprising a
blood outflow port that is located downstream of the inflow tube and configured to convey blood out of the first chamber, the blood outflow path in fluid communication with the first chamber and with a blood vessel of the body, wherein at least part of the blood outflow path is positioned immediately radially adjacent to the inner surface of the substantially planar bottom of the first chamber, and wherein the blood outflow path is configured to direct blood from the first chamber in at least one direction that is not axially aligned with the central axis;
a magnetically driven rotor assembly comprising a rotor and a first magnetic device, wherein the entire magnetically driven rotor assembly is located within the first chamber, wherein the first magnetic device is a single magnetic device that is axially adjacent to the rotor and rigidly coupled to the rotor, wherein at least part of the magnetically driven rotor assembly is positioned upstream of the blood outflow port;
a second magnetic device associated with, and sealed from, the magnetically driven rotor assembly and wherein the second magnetic device is configured to interact magnetically with the first magnetic device to rotate the magnetically driven rotor assembly, wherein the second magnetic device is a single magnetic device, wherein the magnetically driven rotor assembly and the second magnetic device are axially aligned with the central axis and with the distal suction end of the inflow tube, and wherein the magnetic interaction between the first and second magnetic devices is configured to rotate the magnetically driven rotor assembly within the first chamber and further configured to orient the magnetically driven rotor assembly within the first chamber such that the magnetically driven rotor assembly is entirely spaced away from the one or more side walls of the first chamber by the magnetic interaction between the first and second magnetic devices to define a gap between the one or more side walls of the first chamber and the magnetically driven rotor assembly, wherein the gap is configured for blood through therethrough, wherein the magnetically driven rotor assembly further comprises guide surfaces in fluid communication with the blood flowing through the blood flow path and the blood outflow path, the guide surfaces configured to produce centrifugal components within the blood within the first chamber during rotation of the magnetically driven rotor assembly, and
wherein at least the guide surfaces of the magnetically driven rotor assembly are configured to drive the blood flow along the blood outflow path.
1. A heart assist pump device configured to be positioned within a patient's body and comprising:
a blood flow path comprising:
an inflow tube with a distal suction end configured to be inserted into a ventricle of a heart, wherein the inflow tube is substantially
linear and comprises a central axis, wherein the distal suction end is aligned with the central axis; a first chamber comprising one or more side walls and a substantially planar bottom wall having an inner surface that is located at a position that is axially opposite of the distal suction end,

the first chamber in fluid communication with the inflow tube, wherein the first chamber is axially aligned with the distal suction end and with the central axis; and a blood outflow path located downstream of the inflow tube and in fluid communication with the first chamber and with a blood vessel of the body, and configured to direct blood in at least one direction that is not axially aligned with the central axis;

a magnetic rotor assembly comprising a rotor and a first magnetic device, wherein the entire magnetic rotor assembly is located entirely within the first chamber, wherein the first magnetic device is a single magnetic device that is axially adjacent to the rotor and rigidly
coupled to the rotor;

a second magnetic device associated with, and sealed from, the magnetic rotor assembly and wherein the second magnetic device is configured to couple magnetically with the first magnetic device to rotate the magnetic rotor assembly, wherein the second magnetic device is a single magnetic device, wherein the magnetic rotor assembly and the second magnetic device are axially aligned with the central axis and with the distal suction end of the inflow tube, and wherein a magnetic coupling between the first magnetic device and the second magnetic device is configured to rotate the magnetic rotor assembly, and to orient the magnetic rotor assembly within the first chamber to control a radial position of the magnetic rotor assembly within the first chamber such that the magnetic rotor assembly is entirely spaced away from the one or more side walls of the first chamber by the magnetic coupling to define a gap between the one or more side walls of the first chamber and the magnetic rotor assembly, the gap configured for blood flow therethrough, wherein the magnetic rotor assembly further comprises guide surfaces in fluid communication with the blood flowing through the blood flow path and the blood outflow path, the guide surfaces configured to produce centrifugal components within the blood within the first chamber during rotation of the magnetic rotor assembly, wherein at least the guide surfaces of the magnetic rotor assembly are configured to drive the blood flow along the blood outflow path.
30. (New) The heart assist pump device of claim 29, further comprising a second chamber that surrounds the second magnetic device and comprises one or more walls that seal the second
magnetic device from the magnetically driven rotor assembly.
2. The heart assist pump device of claim 1, further comprising a second chamber that surrounds the second magnetic device and comprises one or more walls that seal the second magnetic device from the magnetically driven rotor assembly.
31. (New) The heart assist pump device of claim 29, wherein the guide surfaces are spaced axially away from the inner surface of the substantially planar bottom wall.
3. The heart assist pump device of claim 1, wherein the guide surfaces are spaced axially away from the inner surface of the substantially planar bottom wall.
32. (New) The heart assist pump device of claim 29, wherein the second magnetic device radially overlaps at least part of the first magnetic device and wherein the second magnetic device is axially closer to the first magnetic device than to the guide surfaces of the rotor.
4. The heart assist pump device of claim 3, wherein the second magnetic device radially overlaps at least part of the first magnetic device and wherein the second magnetic device is axially closer to the first magnetic device than to the guide surfaces of the rotor.
33. (New) The heart assist pump device of claim 29, wherein at least part of the blood outflow path is configured to direct the blood driven by the guide surfaces in a direction that is substantially perpendicular to the central axis.
5. The heart assist pump device of claim 1, wherein at least part of the blood outflow path is configured to direct the blood driven by the guide surfaces in a direction that is substantially perpendicular to the central axis.
34. (New) The heart assist pump device of claim 29, wherein the guide surfaces are configured to drive the blood within the first chamber into the blood outflow path in a direction that is substantially perpendicular to the inflow tube and to the central axis.
6. The heart assist pump device of claim 1, wherein the guide surfaces are configured to drive the blood within the first chamber into the blood outflow path in a direction that is substantially perpendicular to the inflow tube and to the central axis.
35. (New) The heart assist pump device of claim 29, wherein the second magnetic device is spaced axially from the guide surfaces of the rotor.
7. The heart assist pump device of claim 1, wherein the second magnetic device is spaced axially from the guide surfaces of the rotor.
36. (New) The heart assist pump device of claim 29, wherein the blood vessel is an artery.
8. The heart assist pump device of claim 1, wherein the blood vessel is an artery.
37. (New) The heart assist pump device of claim 29, wherein the blood vessel is an aorta.
9. The heart assist pump device of claim 1, wherein the blood vessel is an aorta.
38. (New) The heart assist pump device of claim 29, wherein the ventricle is a left ventricle.
10. The heart assist pump device of claim 1, wherein the ventricle is a left ventricle.
39. (New) The heart assist pump device of claim 29, further comprising a control arrangement comprising at least one sensor configured to generate a control signal, and a controller configured to receive the generated control signal.
11. The heart assist pump device of claim 1, further comprising a control arrangement comprising at least one sensor configured to generate a control signal, and a controller configured to receive the generated control signal.
40. (New) The heart assist pump device of claim 39, wherein the control arrangement is configured to control the heart assist pump device.
12. The heart assist pump device of claim 11, wherein the control arrangement is configured to control the heart assist pump device.
41. (New) The heart assist pump device of claim 29, wherein the magnetic interaction between the first and second magnetic devices is configured to orient an axial position of the magnetically driven rotor assembly within the first chamber such that the magnetically driven rotor assembly is entirely spaced apart from the one or more side walls of the first chamber.
13. The heart assist pump device of claim 1, wherein the magnetic coupling is configured to orient an axial position of the magnetic rotor assembly within the first chamber such that the magnetic rotor assembly is entirely spaced apart from the one or more side walls of the first chamber.
44. (New) The heart assist pump device of claim 43, wherein the first magnetic device comprises a bar magnet and wherein the second magnetic device comprises a bar magnet.
14. The heart assist pump device of claim 1, wherein the first magnetic device comprises a bar magnet.
15. The heart assist pump device of claim 1, wherein the second magnetic device comprises a bar magnet.
46. (New) A method for assisting the blood circulation of a heart in a body, comprising: providing the heart assist pump device of claim 29;

orienting the magnetically driven rotor assembly within the first chamber via the magnetic interaction between the first and second magnetic devices such that the magnetically driven rotor assembly remains entirely spaced away from the one or more side walls of the first chamber to define the gap between the one or more side walls of the first chamber and the magnetically driven rotor assembly;
positioning the heart assist pump device within the body; inserting the suction end of the inflow tube into the left ventricle; activating the heart assist pump device; rotating the magnetically driven rotor assembly via the magnetic interaction; continue the orienting of a position of the magnetically driven rotor assembly via the magnetic interaction of the magnetically driven rotor assembly within the first chamber during the rotating of the magnetically driven rotor assembly such that a gap between the one or more side walls of the first chamber and the magnetically driven rotor assembly is provided; suctioning the blood from the ventricle and into the inflow tube; driving the blood from the first chamber through the blood outflow path; and conveying the blood through the blood outflow path to the aorta.

16. A method for assisting the blood circulation of a heart in a body, comprising: providing a heart assist device configured to be positioned within the body, comprising: a blood flow path comprising: an inflow tube with a distal suction end configured to be inserted into a left ventricle of a heart, wherein the inflow tube is substantially linear and comprises a central axis, wherein the distal suction end is aligned with the central axis; a first chamber comprising one or more side walls and a substantially planar bottom wall having an inner surface that is located at a position that is axially opposite of the distal suction end, wherein the first chamber is in fluid communication with the inflow tube, and wherein the first chamber is axially aligned with the distal suction end and with the central axis; and a blood outflow path located downstream of the inflow tube and in fluid communication with the first chamber and with an aorta of the body, and configured to direct blood in at least one direction that is not axially aligned with the central axis; a magnetic rotor assembly comprising a rotor and a first magnetic device wherein the entire magnetic rotor assembly is located entirely within the first chamber, and wherein the first magnetic device is a single magnetic device that is axially adjacent to the rotor and rigidly coupled to the rotor; a second magnetic device associated with, and sealed from, the magnetic rotor assembly and wherein the second magnetic device is configured to magnetically couple with the first magnetic device to rotate the magnetic rotor assembly, wherein the second magnetic device is a single magnetic device, wherein a magnetic coupling comprising a magneto coupling between the first magnetic device and the second magnetic device is further configured to orient and control a radial position of the magnetic rotor assembly within the first chamber relative to the one or more side walls of the first chamber, wherein the magnetic rotor assembly and the second magnetic device are axially aligned with the distal suction end of the inflow tube and with the central axis; a gap between the one or more side walls of the first chamber and the magnetic rotor assembly, the gap configured for blood flow therethrough, wherein the magnetic rotor assembly comprises guide surfaces in fluid communication with the blood flowing through the blood flow path and the outflow blood path, the guide surfaces configured to produce centrifugal components within the blood within the first chamber during rotation of the magnetic rotor assembly, wherein at least the guide surfaces of the magnetic rotor assembly are configured to drive the blood flow along the blood outflow path;
orienting a radial position of the magnetic rotor assembly within the first chamber via the magnetic coupling such that the magnetic rotor assembly remains entirely spaced away from the walls of the first chamber and such that the gap between the one or more side walls of the first chamber and the magnetic rotor assembly is defined; positioning the heart assist pump device within the body; inserting the suction end of the inflow tube into the left ventricle; activating the heart assist pump device; rotating the magnetic rotor assembly via the magnetic coupling; maintaining the orienting of a radial position of the magnetic rotor assembly within the first chamber during the rotation of the magnetic rotor assembly; suctioning the blood from the ventricle and into the inflow tube; driving the blood through the blood outflow path; and conveying the blood through the blood outflow path to the aorta.
65. (New) A method for assisting the blood circulation of a heart in a body, comprising: providing the heart assist pump device of claim 48;

orienting a radial position and an axial position of the magnetically driven rotor assembly within the first chamber via the magnetic interaction between the first and second magnetic devices such that the magnetically driven rotor assembly remains entirely spaced away from the one or more side walls of the first chamber to define the gap between the one or more side walls of the first chamber and the magnetically driven rotor assembly; positioning the heart assist pump device within the body; inserting the suction end of the inflow tube into the left ventricle; activating the heart assist pump device; rotating the magnetically driven rotor assembly via the magnetic interaction between the first and second magnetic devices; continuing the orienting of a radial position and an axial position of the magnetically driven rotor assembly within the first chamber during the rotating of the magnetically driven rotor assembly; suctioning the blood from the ventricle and into the inflow tube; driving the blood through blood outflow path; and conveying the blood through the blood outflow path to the aorta.
26. A method for assisting the blood circulation of a heart in a body, comprising: providing a heart assist device comprising: a blood flow path comprising: an inflow tube with a distal suction end configured to be inserted into a left ventricle of a heart, wherein the inflow tube is substantially linear and comprises a central axis, wherein the distal suction end is aligned with the central axis; a first chamber comprising one or more walls and a substantially planar bottom wall having an inner surface that is located at a position that is axially opposite of the distal suction end, wherein the first chamber is in fluid communication with the inflow tube, and wherein the first chamber is axially aligned with the central axis and with the distal suction end; and a blood outflow path located downstream of the inflow tube and in fluid communication with the first chamber and with an aorta of the body, and configured to direct blood in at least one direction that is not axially aligned with the central axis; a magnetic rotor assembly comprising a rotor and a first magnetic device located entirely within the first chamber, wherein the first magnetic device is a single magnetic device rigidly coupled to the rotor and wherein the entire magnetic rotor assembly is located within the first chamber; a second magnetic device associated with, and sealed from, the magnetic rotor assembly and wherein the second magnetic device is configured to magnetically couple with the first magnetic device to rotate and orient the magnetic rotor assembly within the first chamber, wherein the second magnetic device is a single magnetic device, wherein the magnetic rotor assembly and the second magnetic device are axially aligned with the distal suction end and the central axis; a gap between the one or more side walls of the first chamber and the magnetic rotor assembly, the gap configured for blood flow therethrough, wherein the magnetic rotor assembly comprises guide surfaces in fluid communication with the blood flowing through the blood flow path and the outflow blood path, the guide surfaces configured to produce centrifugal components within the blood within the first chamber during rotation of the magnetic rotor assembly, wherein the guide surfaces are spaced axially away from the inner surface of the substantially planar bottom wall, wherein at least the guide surfaces of the magnetic rotor assembly are configured to drive the blood flow along the blood outflow path;
orienting a radial position of the magnetic rotor assembly via the magnetic coupling such that the magnetic rotor assembly remains entirely spaced away from the walls of the first chamber and such that the gap between the one or more side walls of the first chamber and the magnetic rotor assembly is defined; positioning the heart assist pump device within the body; inserting the suction end of the inflow tube into the left ventricle; controlling a radial position of the magnetic rotor assembly within the first chamber via the magnetic coupling; activating the heart assist pump device; rotating the magnetic rotor assembly via the magnetic coupling; maintaining the orienting of a radial position of the magnetic rotor assembly within the first chamber and maintaining the controlling of a radial position of the magnetic rotor assembly within the first chamber during the rotation of the magnetic rotor assembly; suctioning the blood from the ventricle and into the inflow tube; driving the blood through blood outflow path; and conveying the blood through the blood outflow path to the aorta.

Conclusion
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/TAMMIE K MARLEN/ Primary Examiner, Art Unit 3796

Prosecution Timeline

• Oct 08, 2024: Application Filed
• Nov 26, 2024: Response after Non-Final Action
• Dec 16, 2024: Response after Non-Final Action
• Jul 08, 2026: Non-Final Rejection mailed — §103, §DP (current)