Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Detailed Action
This is in response to the non-provisional application filed 12/02/2025.
Allowable Subject Matter
Claim 6, 9 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 18 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: claim 6 recites wherein the at least one annular stent segment further comprises a third annular stent segment, wherein the second plurality of spring segments is connected between the second and third annular stent segments. Claim 9 recites wherein the plurality of spring elements are connected to endmost junctions of the cells of the at least one ring of cells. Claim 14 recites wherein each of the plurality of spring elements comprises an axially extending strut including laterally extending notches.
The Office agrees the art of record fails to teach or suggest these features.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-5, 7, 8-10, 13, 15, 16, 20 is/are rejected under 35 U.S.C. 102(a) as being anticipated by U.S. Patent Publication Number 2018/0250126 (O’Connor et al.)
Regarding claims 1, 3-5, 7, 8-10, 13, 15, 16 O’Connor et al. discloses a shown in Figure 11, a docking station comprising: an expandable frame configured to conform to an interior shape of a blood vessel when expanded inside the blood vessel, wherein the frame includes an annular outer wall (member 222, see paragraph [0066]) formed from at least one annular stent segment connected to a plurality of spring elements (elements 132, see paragraphs [0053], [0057]) circumferentially spaced around the at least one annular stent segment, wherein the at least one annular stent segment comprises first and second annular stent segments (first and second halves of member 222), the plurality of spring segments being connected between the first and second annular stent segment, wherein the plurality of spring segments are sized such that when the first annular stent segment is deployed in an interior vena cava of a body, the second annular stent segment is capable of being positioned to be deployed in a superior vena cava of the body in the body of a patient of an appropriate size, wherein the plurality of spring segments connected between the first and second annular stent segments is a first plurality of spring segments, the frame further comprising a second plurality of spring segments connected to the second annular stent segment opposite the first plurality of spring segments, , wherein the at least one annular stent segment comprises a plurality of struts that form at least one ring of cells, wherein the cells of the at least one ring of cells are diamond shaped, wherein the annular outer wall is cylindrical, wherein the plurality of spring elements includes at least one of spring wires, compression springs, torsion springs, and tension springs, wherein the expandable frame comprises a shape memory alloy, wherein the annular outer wall of the expandable frame at least partially defines one or more retaining portions configured to engage an inner surface of the blood vessel to secure the docking station at a deployment site in the blood vessel, wherein the annular outer wall of the expandable frame at least partially defines one or more sealing portions configured to seal against an inner surface of the blood vessel.
Regarding claim 2, O’Connor et al. discloses wherein the plurality of spring elements has a greater flexibility than the at least one stent segment. See paragraph [0067] disclosing member 222 as non-self expanding which necessary means it is less flexible than the shape memory self expanding element 132. See paragraphs [0053], [0057].
Regarding claim 20, O’Connor et al. discloses a shown in Figure 11 a system comprising: a catheter (sheath 50, see paragraph [0048]) defining a delivery passage and having a distal opening; and a self-expandable docking station capable of being radially compressed and expanded, wherein the docking station can be held in a compressed configuration inside the delivery passage of the catheter, the docking station comprising: an expandable frame (member 222, see paragraph [0066]) configured to conform to an interior shape of a blood vessel when expanded inside the blood vessel, wherein the frame includes an annular outer wall formed from at least one annular stent segment connected to a plurality of spring elements (elements 132, see paragraphs [0053], [0057]) circumferentially spaced around the at least one annular stent segment.
Claim(s) 1, 17, 19 is/are rejected under 35 U.S.C. 102(a) as being anticipated by U.S. Patent Publication Number 2010/0312333 (Navia et al.)
Regarding claims 1, 17 Navia et al. disclose as shown Figure 1C, a docking station comprising: an expandable frame configured to conform to an interior shape of a blood vessel when expanded inside the blood vessel, wherein the frame includes an annular outer wall (expandable support member 56, see paragraph [0042]) formed from at least one annular stent segment connected to a plurality of spring elements (turns of member 42, see paragraph [0039]) circumferentially spaced around the at least one annular stent segment, comprising a valve seat (seat where prosthetic valve 68 sits, see paragraph [0045]) disposed radially inward of the annular outer wall, the valve seat being configured to support an expandable transcatheter valve (prosthetic valve 68, see paragraph [0045]).
Regarding claim 19, Navia et al. disclose as shown Figure 1C an assembly comprising: a docking station including an expandable frame configured to conform to an interior shape of a blood vessel when expanded inside the blood vessel, wherein the frame includes an annular outer wall (expandable support member 56, see paragraph [0042]) formed from at least one annular stent segment connected to a plurality of spring elements (turns of member 42, see paragraph [0039]) circumferentially spaced around the at least one annular stent segment, and a valve seat (seat where prosthetic valve 68 sits, see paragraph [0045]) disposed radially inward of the annular outer wall; and a transcatheter prosthetic valve (prosthetic valve 68, see paragraph [0045]) expanded into seating engagement with the valve seat.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent , Publication Number 2018/0250126 (O’Connor et al.) in view of U.S. Patent Publication Number 2005/0182483 (Osborne et al.)
Regarding claim 12, O’Connor et al. discloses wherein the at least one annular stent segment is integrally formed with the plurality of spring elements (because they are disclosed as all attached).
Osborne et al., from a related field of endeavor teaches a similar docking station as shown in Figure 1, where wherein the at least one annular stent segment is integrally formed with the plurality of spring elements. See paragraph [0032].
Alternatively, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify the docking station disclosed by O’Connor et al. by substituting how the stent and spring elements are attached for the integral structure taught by Osbone et al. because it would only require the simple substitution of one known alternative configuration for another to produce nothing but predictable results. See KSR International Co. v. Teleflex Inc., 550 U.S. 398, 82, USPQ2d 1385 (2007).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHARD G LOUIS whose telephone number is 571-270-1965. The examiner can normally be reached on Monday – Friday, 9:30 – 6:00 pm.
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/RICHARD G LOUIS/ Primary Examiner, Art Unit 3771
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