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 .
Response to Amendment
This office action is responsive to the amendment filed on 06/23/2026. As directed by the amendment: claims 1-12 have been cancelled. Thus, claims 13-21 are presently pending in this application.
Election/Restrictions
Claims 2-12 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention/species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 06/23/2026.
Applicant’s election without traverse of Invention II, drawn to a loader for loading an expandable implant and Species B (Figs. 103A-103B) for a L-shaped conical loading tool in the reply filed on 06/23/2026 is acknowledged.
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) 13 and 15-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liljegren et al (US 20140277574 A1), herein referenced to as “Liljegren”.
Claim 13
Liljegren discloses: A loader 104 + 106 (see Figs. 1-6, [0050]) for loading an expandable implant 500 (see Figs. 1, 7, and 32A-32C, [0050], valve implant, which is an expandable implant) into a deployment catheter 102 (see Figs. 1, 6, and 32A-32C, [0050]), comprising: a housing 104 + 106 (see Figs. 1 and 21, [0050]), defining a tapered chamber 410 (see Figs. 1, 6-7, and 21, [0089]) having a small diameter proximal end 214 (see Fig. 21, [0052]) and a large diameter distal end 432 (see Fig. 21, [0092]); a reservoir 214 + 106 (see Figs. 1 and 6-7, [0050]) in communication with the distal end 432 (see Figs. 6-7), having a floor the floor of 214 towards the bottom of 106 (see Fig. 3), an annular side wall 202A + 202B (see Fig. 4, [0056], 106 has the two annular side walls 202A + 202B that define the reservoir 214) and an open top the open top of 214 that accepts 104 (see Figs. 3 and 6-7); and a connector 218 (see Figs. 6-7, [0050]) on the proximal end 214, configured for connection to the distal end the distal end of 102 (see Figs. 6-7 and 32A-32C) of a deployment catheter 102.
Claim 15
Liljegren discloses: The loader of Claim 13, see 102 rejection above. Liljegren further teaches: wherein the connector 218 comprises a proximally extending tubular extension 220 + 760 (see Figs. 1, 6-7, and 30, [0102]) configured to insert into the distal end 716 (see Fig. 30, [0102]) of the deployment catheter 102 (see Fig. 30, [0102], 710 is the shaft of 102).
Claim 16
Liljegren discloses: The loader of Claim 15, see 102 rejection above. Liljegren further teaches: wherein the tubular extension 760 comprises a plurality of axially extending slots 230 + 232 (see Figs. 4 and 30, [0058]).
Claim 17
Liljegren discloses: The loader of Claim 15, see 102 rejection above. Liljegren further teaches: further comprising an axially slidable tubular collar 226 (see Figs. 6-7, 10, and 30, [0070]-[0071], 226 is capable of axial movement and is concentrically over 760, see Fig. 30) carried concentrically over the tubular extension 760.
Claim 18
Liljegren discloses: The loader of Claim 17, see 102 rejection above. Liljegren further teaches: wherein the tubular collar 226 is spaced apart radially from the tubular extension 760 (see Fig. 30, 226, where 500 + 706 is inserted into has an annular space also receiving 716 the distal end of the deployment catheter 102/710) to form an annular space configured to receive the deployment catheter 102 + 710.
Claim 19
Liljegren discloses: The loader of Claim 13, see 102 rejection above. Liljegren further teaches: wherein the reservoir 214 + 106 comprises an outwardly extending support flange the flanges interspersed between 212 along 206 (see Fig. 1, [0052]-[0053]).
Claim 20
Liljegren discloses: The loader of Claim 13, see 102 rejection above. Liljegren further teaches: wherein the reservoir 214 + 106 comprises a ramp 216 (see Fig. 1, [0054]) to facilitate entry of the expandable implant 500 from the reservoir 214 + 106 into the distal end 432 of the tapered chamber 410 (see Figs. 1-30, 216 facilitates the insertion of 104 into 106, which then allows 500 to be pushed into 432 of 410 via 220).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liljegren in view of Morin et al (US 20190117394 A1), herein referenced to as “Morin”.
Claim 14
Liljegren discloses: The loader of Claim 13, see 102 rejection above. Liljegren does not explicitly disclose: further comprising a plurality of ribs on a side wall of the tapered chamber.
However, Morin in a similar field of invention teaches a loader 1500 (see Figs. 15C, 15F-16A) for loading an expandable implant 206 (see Figs. 15C, 15F-16A) with a tapered chamber 1600 (see Fig. 15C and 16A). Morin further teaches: further comprising a plurality of ribs 1606 (see Fig. 15C and 16A, [0063]) on a side wall the side wall of 1600 (see Fig. 15C and 17A) of the tapered chamber 1600.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the tapered chamber of Liljegren to incorporate the teachings of Morin and teach a loader for loading an expandable implant with a plurality of ribs on a side wall of the tapered chamber. Motivation for such can be found in Morin as these ridges as they can assist in urging the expandable implant/stent into a radially compressed state to minimize or prevent damage to the struts of the expandable implant (see [0063]).
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liljegren in view of Morin et al (US 20190117394 A1), herein referenced to as “Morin”.
Claim 21
Liljegren discloses: The loader of Claim 20, see 102 rejection above. Liljegren does not explicitly disclose: wherein the ramp comprises a quarter-spherical portion.
However, Morin in a similar field of invention teaches a loader 200 (see Figs. 5-6) for loading an expandable implant stent (see [0057]) with a ramp 208 (see Figs. 5-6). Morin further teaches: wherein the ramp 208 comprises a quarter-spherical portion 209 (see Figs. 5-6, [0057], the curvilinear shape of 209 is quarter-spherical).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Liljegren to incorporate the teachings of Morin and teach a loader with the ramp comprises a quarter-spherical portion. Motivation for such can be found in Morin as this can assist in holding fluid for a loaded stent to assure the material of the stent is properly wetted in preparation for translation, delivery, and implant of the device (see [0057]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Rabenau et al (US 5972028 A) teaches a loader with an open top portion for expandable implants
Adams et al (US 20090292262 A1) teaches a top-inserting loader
Carpenter et al (US 20040133230 A1) teaches an implant loader that inserted into the front of a delivery catheter
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAIHAN R KHANDKER whose telephone number is (571)272-6174. The examiner can normally be reached Monday - Friday 8:00 AM - 5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Darwin Erezo can be reached at 571-272-4695. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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RAIHAN R. KHANDKER
Examiner
Art Unit 3771
/RAIHAN R KHANDKER/Examiner, Art Unit 3771
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