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 preliminary amendment filed 12/12/2024.
Allowable Subject Matter
Claims 3-10, 12-14 are 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.
The following is a statement of reasons for the indication of allowable subject matter: Claim 3 recites wherein the annular body comprises a plurality of first elements and a plurality of second hinge elements alternating around the perimeter, the channel elements carried on the first elements. Claim 12 recites wherein the annular body comprises a plurality of first elements and a plurality of second hinge elements alternating around the perimeter, the channel elements carried on the first elements.
The Office agrees the art of record fail 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 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Publication Number 2012/0010694 (Lutter et al.)
Regarding claim 1, Lutter et al discloses as shown in Figure 1, a prosthetic annuloplasty ring capable of constricting a valve annulus, comprising an annular body (catheter 10a, see paragraph [0023]), sized for positioning around an exterior of the valve annulus, the annular body comprising a compliant uni-body driven by a Bowden cable constriction mechanism to adjust an inner diameter of the device. See paragraphs [0021], [0023].
Claim(s) 2, 11, 15-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Publication Number 2010/0063586 (Hasenkam et al.)
Regarding claim 2, Hasenkam et al. discloses as shown in Figure 2A, a prosthetic annuloplasty device for constricting a valve annulus, comprising: an annular body (ring 10, see paragraph [0055]) defining a perimeter sized for positioning around an exterior of the valve annulus; a plurality of channel elements on the annular body spaced apart from one another around the perimeter; and a filament (tension members 21, 22, 23, 24, see paragraph [0055]) slidably received within channels (multiple separate internal compartments or circumferential channels, see paragraph [0055]) in the channel elements and extending around the perimeter for adjusting an inner diameter of the annular body by tightening the filament.
Regarding claims 11, 15-19 Hasenkam et al. discloses as shown in Figure 2A a prosthetic annuloplasty device for constricting a valve annulus, comprising: an open annular or “C shaped body (ring 10, see paragraph [0055]) defining a perimeter sized for positioning around an exterior of the valve annulus and including opposite ends; a plurality of channel elements on the annular body spaced apart from one another around the perimeter; and a filament (tension members 21, 22, 23, 24, see paragraph [0055]) slidably received within channels (multiple separate internal compartments or circumferential channels, see paragraph [0055]) in the channel elements and extending around the perimeter for adjusting an inner diameter of the annular body by tightening the filament, wherein the opposite ends are spaced apart from one another when the body is in a relaxed configuration, wherein the body comprises flexible material such that a diameter of the body is reduced when the filament is tightened, wherein the body is biased to the relaxed configuration, wherein the body comprises flexible material such that the ends may be separated to open the body for positioning the body around a tubular structure, wherein the body is biased to a relaxed state in which the ends are positioned adjacent one another when released after positioning the body around a tubular structure.
Regarding claim 25, Hasenkam et al. discloses as shown in Figure 2A a method for constricting a valve annulus, comprising: positioning an annular body (ring 10, see paragraph [0055]) externally around the valve annulus; providing an elongate filament (tension members 21, 22, 23, 24, see paragraph [0055]) through a plurality of channels (multiple separate internal compartments or circumferential channels, see paragraph [0055]) spaced apart from one another around a perimeter of the annular body; and tightening the filament to reduce the perimeter of the annular body to constrict the valve annulus.
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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