DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 112
Claim 11 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 11, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Allowable Subject Matter
Claims 1-10 are allowable and claim 11 would be allowable if rewritten or amended 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.
The following is a statement of reasons for the indication of allowable subject matter: the closest prior art found is Geelhoed et al. (US 2022/0047375), which does not disclose all required limitations of the claimed actuator device. Geelhoed discloses an arteriovenous graft system (see Figs. 1-2) comprising: an arteriovenous graft comprises a valve device 15, wherein the valve device comprises an open state in which fluid flow through the graft is possible (see par. 14), and a closed state in which the fluid flow through the arteriovenous graft is blocked (see par. 14); an actuator device 16 to actuate the valve device between the closed state and the open state (see par. 30); a transmission cable 17 connecting the actuator device with the valve device; wherein the actuator device comprises at least one magnet (see par. 61-62). However, Geelhoed does not disclose the at least one magnet being a
movable magnet, which at least one movable magnet connects directly or indirectly to a rotatable plate comprising a spiraled groove, wherein said spiraled groove receives a pin that is movable in a linear path, wherein said pin is connected to the transmission cable so as to arrange that motion of the at least one magnet translates into a linear displacement of the pin and the transmission cable connected thereto .
Leonard et al. (WO 2017/109016) discloses an arteriovenous graft system (see Fig. 1-6) comprising: an arteriovenous graft device comprising a valve device 1, 2, wherein the valve device comprises an open state in which fluid flow through the graft is possible, and a closed state in which the fluid flow through the arteriovenous graft is blocked (see Figs. 4-6, page 5, lines 9-14); an actuator device 4 to actuate the valve device between the closed state and the open state, and wherein a transmission cable 14 connectors the actuator device with the valve device. Leonard additionally discloses a set of magnets set into a rotatable disc in the actuator (see page 7, lines 12-20), and therefore discloses the actuator device comprising at least one movable magnet connected to a rotatable plate but does not disclose the required spiraled groove and pin. In applicant’s invention, the conversion of rotary motion to linear motion translated via the magnet and pin configuration allows for a rotary to linear motion conversion that does not involve a change in length of the actuator. Consequently, one of ordinary skill in the art would not be motivated to have such a spiraled groove, magnet, and pin configuration absent glancing into applicant’s specification.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Zougari (US 2020/0289737), disclosing a contactless actuation for valve implant and Johnson et al. (US 2015/0305746), disclosing a magnetically activated arteriovenous access valve system.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARIANA ZIMBOUSKI whose telephone number is (303)297-4665. The examiner can normally be reached 8:30 - 5:00 PST M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, REBECCA E EISENBERG can be reached at (571) 270-5879. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ARIANA ZIMBOUSKI/Primary Examiner, Art Unit 3781
