Unrrep States PATENT AND TRADEMARK OFFICE. ae SMSO ten hepa TOR THrn007 TER TEVSTRS os Edwards Lifesciences LLC Law Dept ne Edwards Way Irvine, CA 92614 ISSUE NOTIFICATION ‘The projected patent number and issue date are specified above. Determination of Patent Term Adjustment under 35 U.S.C. 154 (b) (application filed on or after May 29, 2000) ‘The Patent Term Adjustment is 611 day(s). Any patent to issue from the above-identified application will include an indication of the adjustment on the front page. If a Continued Prosecution Application (CPA) was filed in the above-identified application, the filing date that determines Patent Term Adjustment is the filing date of the most recent CPA. Applicant will be able to obtain more detailed information by ac Retrieval (PAIR) WEB site (http://pair.uspto.gov). ssing the Patent Application Information Any questions regarding the Patent Term Extension or Adjustment determination should be directed to the Office of Patent Legal Administration at (571)-272-7702. Questions relating to issue and publication fee payments should be directed to the Customer Service Center of the Office of Patent Publication at (571)-272-4200. APPLICANT(s) (Please see PAIR WEB site htp:/pair:uspto.gov for additional applicants) Patrick M. Mot tary, Chicago, IL; 1R103 Res. 11005)PARI B- FEE(S) TRANSMITTAT Complete and send this form, together with applicable fee(s), fo: Mail Mail Stop IySUE FEE Commissioner for Patents P.O. Box 1450 Alexandria, Virginia 22313-1450 or Bax 671)273-2485 IRSSTRUCTIONS is fom shoal bce Tor angen he NSU FE sal PUDLICATION TEE Trev). Woks 1 Tha 5 oad fe cpg wae ropa All fuer comesponence inctuing te Paton, vanes onc a ntfcaton of mamtenace foe wl be mak othe Creat cuepondee aes 3 ince ules caret bold or dca hrwisem lack iy by (3 oseng mew consspondcnce hese (8) aang Sepa EE ADDRESS for CK CORRESPONDENCE ADDRINS Ss os Bn Tory Snes TNE STS Tang i GT De Wa Ro TS OTS fate cant he sed Foran other accompanying race, ian aca en ete ae ce Corie of Malay wT Edwards Li hereby certify that this Feo(s) Transmittal is being deposited with the United ed ey ce tL i Fe ea tat et ? Saba fel vg sli oege fc et a a One Edwards Way SSMS OMOEA, soled AM ining, CA 92614 <= = rors wasn ak Meaty Sov Ts oi {IFLEOF INVENTION: ANMULOPLASTY RING FOR MITRAL VALVE PROLAPSE =) i sri Son % ‘700 Tonen007 PRONE GH ae ro) I, Gangs of eoncspondence ales or indication of "Fes Adis" 7] 2 Fo printing on dhe patent Wont page st FE geome ¢ a a a cent 1 the names of upto 3 registered patent atoms 1) crange of corcspondence adie (or Cange of Corespondoncs | {Wapmis SR stort " eee ee ee (2) the name of x single firm having as a meres 2 1 Rajiv Yadav uy L. Cumberbatch Cie ares" indistion (or "ee Adress” Indication for Fppisteed aomey or apc) and ne te of Up Proll? Rev 01-02 or more oes) stacked. Use of a Customer | 2 rezistred punt atomeys or agents I no nates Number i requried. ino name will be rite, : ™ 3 _NSSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT (pdator 5p5) PLEASE NOTE: Unless an assignee is identified bolow, no assignee data wil appear gn the patent. If an assignee is identified below, the document hasbeen Med For ‘ecortion ast oth 37 CTH .11- Completion of tis fom is NOT a sobs for fing wbassignmsat (A) NAME OF ASSIGNEE (8) RESIDENCE: (CITY and STATE OR COUNTRY) Edwards Lifesciences Corporation Irvine, California Please check dhe appropriate assignee category or categorics (will no be printed onthe patent): Cl ndividuat 24 Corporation or other private group entity ChGovernment 4. The towing fos at submited 4 Payment of Fox (Pease fst reapply any previously pad iste fe shaw above) UH awe Fee VA chest is encase 18 Pabicaton Foe (No smal cat sou penis) Caymcathy crit car For PEO-2088 is aachod jraneeOnder- of Copiss The Distr hereby authorized to charge gape eo), ay dfceney,o crit cen a pL Beat tat i Oe ee tty Status (rom aaa inden above) 5 Change TITY satus, Sco 37 CFR 127. C1 Applicants no longer elaiming SMALL. ENTITY slats So 37 Qa Applicat clin SMALL ‘NOTE The iaue Foc and Pubicaon Fe Gf required) wi woe acco pod om anyone ocr Tn the applicant a Inores ashy tho ond oft Und Ss Pen and adem Os * 43,999/_ 1.296012) sere atiomsy raga oF Ie asigoos Or ihe pany Ta Jo [2] 200 Registration No. 43,999 Authorid Signture_/Rajiv Yadav, Reg. No Typed a printedname Rajiv Yadav am opiteaign Contents gaved by 18 US 152 and 7 CHIT a Thnccaeton ts came to tue FS mace comple nny Yarn. prepa seal tacts ge ntact cement Cac ena eee een a Dae Unser the Paperwork Reduction Aet of 1995, no persons ar guid lo respond oa eoletin of nf ton uns dsp valid OME cone number PTOL-R5 (Rev, 07/07) Approved for use through 07/51/2007. OMB 0651-0033 U.S. Patont and Trademark Office; U.S. DEPARTMENT OF COMMERCEElectronic Patent Application Fee Transmittal Application Number: 10834556 Filing Date: 29-Apr-2004 Title of Invention: ANNULOPLASTY RING FOR MITRAL VALVE PROLAPSE First Named Inventor/Applicant Name: Patrick M. MeGarthy Filer: Rajv Vadavitelissa Sanchez Attorney Docket Number: Eov-5765 Filed as Large Entity Utility Filing Fees Description Fee Code | Quantity! Amount | S¥Bsera) in Basic Filing: Pages: Claims: Miscellaneous Filin Petition: Patent-Appeals-and-Interference: Post-Allowanoe-and-Post- Issuance: Utity App issue fee 1501 1 1440 1440 Publication fe for republication 1508 1 300 300Description Fee Code Quantity Amount ‘Sub-Total in usD(s) Extension-of-Time: Miscellaneous: Total in USD ($) 1740Electronic Acknowledgement Receipt EFS ID: 2270826 Application Number: 10894556 International Application Number: Confirmation Number: 6952 Title of Invention: ANNULOPLASTY RING FOR MITRAL VALVE PROLAPSE. First Named Inventor/Applicant Name: Pattick M. MeCarthy Edwards Lifesciences LLC Law Dept (One Edwards Way Correspondence Address: : Iwvine ca e214 us 9492506850 Filer: Raj YadaviMelissa Sanchez Filer Authorized By: Rajiv Yadav Attorney Docket Number: Ecv.s765, Receipt Date: 02-0¢T-2007 Filing Date: 29-APR-2004 Time Stamp: 17:28:33 Application Type: Utlity under 35 USC 111(a) Payment information: Submitted with Payment yes Payment was successfully received in RAM $1740 RAM confirmation Number 2389Deposit Account 501225 The Director of the USPTO is hereby authorized to charge indicated fees and credit any overpayment as follows: Charge any Additional Fees required under 37 C.F.R. Section 1.16 and 1.17 File Listing: Document File Size(Bytes) Multi Pages Number Ce eee eee /Message Digest | Part /.zip| (if appl.) 197587 1 Issue Fee Payment (PT0-058) | —Deco7100zecvs7espet || ro 1 Warnings: Information: 2282 2 Fee Worksheet (PTO-05) teeintopst = |__| 2 Warnings: Information: Total Files Size (in bytes): 205879, This Acknowledgement Receipt evidences receipt on the noted date by the USPTO of the indicated documents, characterized by the applicant, and including page counts, where applicable. It serves as evidence of receipt similar to a Post Card, as described in MPEP 503. New Applications Under 35 U.S.C. 111 Ifa new application is being filed and the application includes the necessary components for a filing date (see 37 CFR 1.53(b)-(d) and MPEP 506), a Filing Receipt (37 CFR 1.54) will be issued in due course and the date shown on this Acknowledgement Receipt will establish the filing date of the application. National Stage of an International Application under 35 U.S.C. 371 Ifa timely submission to enter the national stage of an international application is compliant with the conditions, ‘of 35 U.S.C. 371 and other applicable requirements a Form PCT/DO/EO/903 indicating acceptance of the application as a national stage submission under 35 U.S.C. 371 will be issued in addition to the Filing Receipt, in due course. New International Application Filed with the USPTO as a Receiving Office Ifa new international application is being filed and the international application includes the necessary ‘components for an international filing date (see PCT Article 11 and MPEP 1810), a Notification of the International Application Number and of the International Filing Date (Form PCT/RO/105) will be issued in due course, subject to prescriptions concerning national security, and the date shown on this Acknowledgement Receipt will establish the international filing date of the application.10 15 20 25 30 Docket No. ECV-5785 Cerificate of Mallng/Transmission G7 GER. § 18a) (1 Pursuant 10 37 CR. § 18, thereby ceri that this paper and al enclosures are being deposited with the United States Postal Service as Fis class mail onthe date indicted below in an envelope addressed to the Commissioner for Patents, P.O. Box 1480 Alexandria, VA 22313-1450. [26 Pursuant 1037 CER. § 1.6(0), thereby certify tht this paper and al enclosures ar Being sent vi facsimile onthe date indicted below othe tention oF Examiner Christopher D, Prone at Faesimile No (S71) 273-8300, Dated: July, 2007 ‘Name of Person Ceiying Print Name: Gay Comberarch IN THE UNITED STATES PATENT AND TRADEMARK OFFIC] Inte Application of McCarthy ) Group Art Unit: 3738 Application No.: 10/834,556 } Examiner: Prone, Christopher D, Filing Date: April 29, 2004 } For: ANNULOPLASTY RING FOR 5 Customer Number: 30452 MITRAL VALVE PROLAPSE ) ) Mail Stop Amendment Commissioner for Patents P.O. Box 1450 Alexandria, VA 22313-1450 AMENDMENT Dear Sir: Responsive to a telephone conference on June 25, 2007, please note the following amendments and remarks. Amendments to the specification begin on page 2 of this paper. Claim amendments begin on page 3 of this paper. Remarks/Arguments begin on page 11 of this paper.10 15 Serial No.: 10/834,556 Docket No.: ECV-5785 Amendment dated July 2, 2007 Responsive to a Telephone Conference of June 25, 2007 Amendments to the Specificati Please amend paragraph [0027] as follows: [0027] The annuloplasty ring 40 has a modified oval shape in plan view because of an outward bow 50 within the middle segment P2 of the posterior portion of the ring. Stated another way, the middle segment P2 of the posterior portion of the ring has an outward curve (convexity) ns (which are also convex)_(in_ this sense, “more more pronounced than adjacent se pronounced” means an outward bow with a smaller radius than adjacent convex sections). A dashed outline 52 of a conventional 3:4 ratio annuloplasty ring is shown to illustrate the outward bow 50 of the present ring 40. As mentioned above, the outward bow 50 preferably results in a ‘minor-major dimension ratio of 3.5: (87.5%), although the present invention encompasses rings having an outward bow 50 that produces ratios of between 3.3:4 (82.5%) and 4:4 (100%).20 25 Serial No.: 10/834,556 Docket No.: ECV-5785 Amendment dated July 2, 2007 Responsive to a Telephone Conference of June 25, 2007 Listing of the Claims The following is a complete listing of the claims: 1, (Currently amended) A mitral annuloplasty ring, comprising a ring body made of a material that will substantially resist distortion when subjected to the stress imparted thereon after implantation in the mitral valve annulus of an operating human heart, the ring body defining: an anterior segment and a posterior portion opposite the anterior segment; right and left sides between the anterior segment and posterior portion; a central flow axis having an upward direction and a downward direction, the downward direction corresponding to the direction of blood flow through the mitral valve annulus when the annuloplasty ring is implanted; a modified oval shape with a minor axis extending between the anterior segment and posterior portion, and a major axis extending between the sides; and a bow in the posterior portion that extends both radially outward and axially upward, wherein an outward convexity of the bow has a smaller radius than adjacent sections, and wherein an axial height h of the bow exceeds about 3 mm. 2. Previously presented) The mitral annuloplasty ring of claim 1, wherein the radially outward portion of the bow is not co-extensive with the axially upward portion. 3. Previously presented) The mitral annuloplasty ring of claim 1, wherein the axial height h of the bow is between about 3-10 mm. 4, Original) The mitral annuloplasty ring of claim 2, wherein in atrial plan view as seen along the flow axis the ring body has a major axis perpendicular to a minor axis, the major and minor axes being perpendicular to the flow axis, and wherein the ring body has a minor- major dimension ratio of between 3.3:4 (82.5%) and 4:4 (100%).10 15 20 25 Serial No.: 10/834,556 Docket No.: ECV-5785 Amendment dated July 2, 2007 Responsive to a Telephone Conference of June 25, 2007 5. Original) The mitral annuloplasty ring of claim 1, wherein in plan view as seen along the flow axis the ring body has a major axis perpendicular to a minor axis, the major and minor axes being perpendicular to the flow axis, and wherein the ring body has a minor-major dimension ratio of between 3.3:4 (82.5%) and 4:4 (100%). 6. (Original) The mitral annuloplasty ring of claim 5, wherein the minor-major dimension ratio is about 3.5:4 (87.5%). 7. (Original) The mitral annuloplasty ring of claim 5, wherein the bow is centered about the minor axis and has an angular extent of between 90-110°, 8. (Original) The mitral annuloplasty ring of claim 7, wherein the bow has an angular extent of about 100°. 9. (Original) The mitral annuloplasty ring of claim 1, wherein in atrial plan view as seen along the flow axis the ring body has an anterior segment generally defined between an anterolateral trigone and a posteromedial trigone, and a posterior portion around the remaining periphery of the ring body and between the trigones, the posterior portion being divided into three sequential segments, P,, P, and Ps, starting from the anterolateral trigone and continuing in a counterclockwise direction, and wherein the bow in the posterior portion is wholly within the middle segment P2 of the posterior portion of the ring. 10. (Original) The mitral annuloplasty ring of claim 1, wherein in atrial plan view as seen along the flow axis the ring body has an anterior segment generally defined between an anterolateral trigone and a posteromedial trigone, and a posterior portion around the remaining periphery of the ring body and between the trigones, the posterior portion being divided into three sequential segments, P), P2, and Ps, starting from the anterolateral trigone and continuing in 420 25 Serial No.: 10/834,556 Docket No.: ECV-5785 Amendment dated July 2, 2007 Responsive to a Telephone Conference of June 25, 2007 a counterclockwise direction, and wherein the bow in the posterior portion is within the middle segment P2 and at least one other segment P; or P3 of the posterior portion of the ring, 11. Previously presented) A mitral annuloplasty ring, comprising a ring body made of a material that will substantially resist distortion when subjected to the stress imparted thereon after implantation in the mitral valve annulus of an operating human heart, the ring body defining: a rounded ring body having an anterior segment and a posterior portion; wherein the ring body is oriented about a central flow axis, the flow axis defining an upward direction and a downward direction, the downward direction corresponding to the direction of blood flow through the mitral valve annulus, wherein in atrial plan view as seen along the flow axis the anterior segment is generally defined between an anterolateral trigone and a posteromedial trigone, and the posterior portion extends around the remaining periphery of the ring body and between the trigones, the posterior portion being divided into three sequential segments, Pj, Pz, and Ps, starting from the anterolateral trigone and continuing in a counterclockwise direction; and, wherein in the posterior portion the ring body bows upward out of a plane perpendicular to the central flow axis and wholly within the middle segment Pp of the posterior portion of the ring, and also has a radially outward curve more pronounced than adjacent sections, 12, (Original) The mitral annuloplasty ring of claim 11, wherein an axial height h of the upward bow exceeds about 3 mm. 13. (Original) The mitral annuloplasty ring of claim 12, wherein the axial height h of the upward bow is between about 3-10 mm. 14, (Original) The mitral annuloplasty ring of claim 12, wherein in atrial plan view as 510 15 20 25 Serial No.: 10/834,556 Docket No.: ECV-5785 Amendment dated July 2, 2007 Responsive to a Telephone Conference of June 25, 2007 seen along the flow axis the ring body has a major axis perpendicular to a minor axis, the major and minor axes being perpendicular to the flow axis, and wherein the ring body has a minor- major dimension ratio of betweeti 3.3:4 (82.5%) and 4:4 (100%). 15, (Original) The mitral annuloplasty ring of claim 14, wherein the minor-major dimension ratio is about 3.5:4 (87.5%). 16. (Original) The mitral annuloplasty ring of claim 14, wherein the bow is centered about the minor axis and has an angular extent of between 90-110°, 17. (Previously presented) The mitral annuloplasty ring of claim 11, wherein the radially outward curve is not co-extensive with the upward bow. 18, (Currently amended) A mitral annuloplasty ring, comprising a ring body made of a material that will substantially resist distortion when subjected to the stress imparted thereon after implantation in the mitral valve annulus of an operating human heart, the ring body defining: ‘a modified oval-shaped ring body oriented about a central flow axis, the flow axis defining an upward direction and a downward direction, the downward direction corresponding to the direction of blood flow through the mitral’valve annulus from the left atrium to the left ventricle, and wherein in plan view as seen along the flow axis the ring body has a major axis perpendicular to a minor axis, the major and minor axes being perpendicular to the flow axis, the ring body having in atrial plan view an anterior segment generally defined between an anterolateral trigone and a posteromedial trigone, and a posterior portion around the remaining periphery of the ring body and between the trigones, the posterior portion being di ‘ded into three sequential segments, Pj, P2, and P3 starting from the anterolateral trigone and continuing in a counterclockwise direction, the segments 610 15 20 25 Serial No.: 10/834,556 Docket No.: ECV-5785 Amendment dated July 2, 2007 Responsive to a Telephone Conference of June 25, 2007 generally corresponding to the size of the native posterior leaflet cusps, wherein the minor axis intersects both the anterior segment and the P segment of the posterior portion; and, wherein the ring body lies substantially in a plane defined by the major and minor axes or in a saddle-shaped three-dimensional surface except for the P2 segment of the posterior portion located which is deflected upward and outward in a more pronounced smaller radius curve with respect to the adjacent sections of the ring body, wherein an axial height h of the upward deflection exceeds about 3 mm. 19. (Previously presented) The mitral annuloplasty ring of claim 18, the outward deflection is not co-extensive with the upward deflection. 20. (Previously presented) The mitral annuloplasty ring of claim 18, wherein the axial height h of the upward deflection is between about 3-10 mm. 21. (Previously presented) The mitral annuloplasty ring of claim 18, wherein in atrial plan view as seen along the flow axis the ring body has a major axis perpendicular to a minor axis, the major and minor axes being perpendicular to the flow axis, and wherein the ring body has a minor-major dimension ratio of between 3.3:4 (82.5%) and 4:4 (100%). : 22. (Original) The mitral annuloplasty ring of claim 21, wherein the minor-major dimension ratio is about 3.5:4 (87.5%). 23. (Original) The mitral annuloplasty ring of claim 21, wherein the ‘outward deflection is centered about the minor axis and has an angular extent of between 90-110°. 24. Previously presented) A mitral annuloplasty ring, comprising a ring body made of a material that will substantially resist distortion when subjected to the stress imparted thereon after implantation in the mitral valve annulus of an operating human heart, the ring body 710 20 25 Serial No.: 10/834,556 Docket No.: ECV-5785 Amendment dated July 2, 2007 Responsive to a Telephone Conference of June 25, 2007 defining: aan anterior segment and a posterior portion opposite the anterior segment; right and left sides between the anterior segment and posterior portion; a central flow axis having an upward direction and a downward direction, the downward direction corresponding to the direction of blood flow through the mitral valve annulus when the annuloplasty ring is implanted; a modified oval shape with a minor axis extending between the anterior segment and posterior portion, and a major axis extending between the sides, wherein in plan view as seen along the flow axis the ring body has a major axis perpendicular to a minor axis, the major and minor axes being perpendicular to the flow axis, and wherein the ring body has a minor-major dimension ratio of between 3.3:4 (82.5%) and 4:4 (100%); and a bow in the posterior portion that extends both radially outward and axially upward, wherein an outward convexity of the bow has a smaller radius than adjacent sections. 23. (Previously presented) The mitral annuloplasty ring of claim 24, wherein the minor-major dimension ratio is about 3.5:4 (87.5%). 26. (Previously presented) The mitral annuloplasty ring of claim 24, wherein the bow is centered about the minor axis and has an angular extent of between 90-110°. 27. (Previously presented) The mitral annuloplasty ring of claim 24, wherein the radially outward portion of the bow is co-extensive with the axially upward portion, > 28. (Previously presented) The mitral annuloplasty ring of claim 24, wherein the radially outward portion of the bow is not co-extensive with the axially upward portion. 29. (Previously presented) The mitral annuloplasty ring of claim 24, wherein the axial20 25 Serial No.: 10/834,556 Docket No.: ECV-5785 Amendment dated July 2, 2007 Responsive to a Telephone Conference of June 25, 2007 height h of the bow is between about 3-10 mm. 30. (Previously presented) The mitral annuloplasty ring of claim 24, wherein in atrial plan view as seen along the flow axis the anterior segment is generally defined between an anterolateral trigone and a posteromedial trigone, and the posterior portion extends around the remaining periphery of the ring body and between the trigones, the posterior portion being divided into three sequential segments, P,, P2, and Ps, starting from the anterolateral trigone and continuing in a counterclockwise direction, and wherein the bow in the posterior portion wholly within the middle segment P2 of the posterior portion of the ring. 31. (Previously presented) The mitral annuloplasty ring of claim 24, wherein in atrial plan view as seen along the flow axis the anterior segment is generally defined between an anterolateral trigone and a posteromedial trigone, and the posterior portion extends around the remaining periphery of the ring body and between the trigones, the posterior portion being divided into three sequential segments, Pi, P2, and Ps, starting from the anterolateral trigone and continuing in a counterclockwise direction, and wherein the bow in the posterior portion is within the middle segment P2 and at least one other segment P; or Ps of the posterior portion of the ring. 32. (Previously presented) The mitral annuloplasty ring of claim 31, wherein the bow in the posterior portion extends into both the first and third segments P; and P3 of the posterior portion 33, (Previously presented) The mitral annuloplasty ring of claim 31, wherein the bow in the posterior portion extends into only one of the first and third segments P, and P3 of the posterior portion, 34. (Previously presented) The mitral annuloplasty ring of claim 31, wherein the 910 15 20 25 Serial No.: 10/834,556 Docket No.: ECV-5785 Amendment dated July 2, 2007 Responsive to a Telephone Conference of June 25, 2007 radially outward portion of the bow extends into only one of the first and third segments P, and Ps of the posterior portion. 35. (Previously presented) A mitral annuloplasty ring, comprising a ring body made of a material that will substantially resist distortion when subjected to the stress imparted thereon after implantation in the mitral valve annulus of an operating human heart, the ring body defining: a rounded ring body having an anterior segment and a posterior portion; wherein the ring body is oriented about a central flow axis, the flow axis defining an upward direction and a downward direction, the downward direction corresponding to the direction of blood flow through the mitral valve annulus; and, wherein in the posterior portion the ring body bows upward out of a plane perpendicular to the central flow axis to an axial height h of that exceeds about 3 mm and also has a radially outward curve more pronounced than adjacent sections. 36. (Previously presented) The mitral annuloplasty ring of claim 35, wherein the axial height h of the upward bow is between about 3-10 mm, 37. (Previously presented) The mitral annuloplasty ring of claim 35, wherein in atrial plan view as seen along the flow axis the ring body has a major axis perpendicular to a minor axis, the major and minor axes being perpendicular to the flow axis, and wherein the ring body has a minor-major dimension ratio of between 3.3:4 (82.5%) and 4:4 (100%). 38. (Previously presented) The mitral annuloplasty ring of claim 35, wherein the minor-major dimension ratio is about 3.5:4 (87.5%). 39. (Previously presented) The mitral annuloplasty ring of claim 35, wherein the bow is centered about the minor axis and has an angular extent of between 90-110°. 10Serial No.: 10/834,556 Docket No.: ECV-5785 ‘Amendment dated July 2, 2007 Responsive to a Telephone Conference of June 25, 2007 40. (Previously presented) The mitral annuloplasty ring of claim 35, wherein the radially outward curve is not co-extensive with the upward bow. MW10 15 20 25 Serial No.: 10/834,556 Docket No.: ECV-5785 Amendment dated July 2, 2007 Responsive to a Telephone Conference of June 25, 2007 : REMARKS Claims 1-40 were pending. The specification has been amended to reflect the plan view shape of the exemplary annuloplsty ring in Fig. 3A. That is, the text has been amended to clarify that a “more pronounced” outward bow 50 means one which has a smaller radius than adjacent sections. This description is merely reflective of the shape of the ring in Fig. 3 and therefore is not believed to introduce new matter. Claims 1-40 are believed to be in condition for allowance. If there is any further hindrance to allowance, the Examiner is encouraged contact the undersigned by telephone, Dated: June 25,2007 Respectfully submitted, Guy Cumberbatch Registration No. 36,114 Telephone: (805) 201-3006 clo Rajiv Yadav, Ph.D., Esq. Registration No. 43,999 Edwards Lifesciences LLC Law Department One Edwards Way Irvine, California 92614 Telephone: (949) 250-6801 Facsimile: (949) 250-6850 Customer No. 30452 12Unitep States PATENT AND TRADEMARK OFFICE TEES STATS DEPARTMENT OF CONERCE ‘dis: COMISSONER FOR PATENTS NOTICE OF ALLOWANCE AND FEE(S) DUE EXAMINER 1590 onan Edwards Lifesciences LLC PRONE, CHRISTOPHER D Law Dept. ART ONT PAPER NUMBER One Edwards Way Irvine, CA 92614 DATE MAILED; 077262007 APPLIGATIONNO, | __FILINGDATE FIRST NAMED INVENTOR "ATTORNEY DOCKET NO. | CONFIRMATION NO. 107834356 ‘o4n9r004 Patek M. MeCarhy ECV-5785 2 ‘TITLE OF INVENTION: ANNULOPLASTY RING FOR MITRAL VALVE PROLAPSE APPLN TYPE SMALLENTTY | SSUEFEEDUE [PUBLICATION FEEDUE [REV PAIDISSUE FEE | TOTALFEES)DUE | DATEDUE onprovisional NO, $1400 $300 30 $1700) 0762007 ‘THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAMINED AND IS ALLOWED FOR ISSUANCE AS A PATENT. 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If an equivalent of Part B is filed, a request to reapply a previously paid issue fee must be clearly made, and delays in processing may occur due to the difficulty in recognizing the paper as an equivalent of Part B. UI, All communications regarding this application must give the application number. Please direct all communications prior to issuance to Mail Stop ISSUE FEE unless advised to the contrary, IMPORTANT REMINDER: Utility patents issuing on applications filed on or after Dec. 12, 1980 may require payment of ‘maintenance fees. It is patentee's responsibility to ensure timely payment of maintenance fees when due. Page 1 of 3 PTOLSS (Rev. 0107) Approved for use through 077312007PART B- FEE(S) TRANSMITTAL Complete and send this form, together with applicable fxs, to: Mall Mall Stop ISSUE FRE B.0. Box 1450 Alexandria, Virginia 22313-1450 or Eax (S71)-273-2885 To a RTS ae ae She RO La a aL ee aes HEA erie Saceb he Bel Oh aoe rie tne a dl ela EP RODS SS a eT LE ETE aE o = Qian pace fy nea Ty ee ce fae asec coite ior ana Certifiat of Maling oF Transmission Edwards Lifesciences LLC ‘sey cet hs et) Taam bing pte wit the United ics Postal Serve with suctent poste fr glass mal ha ene Law Dept. acdc fo he Nal Sop SUE" FE ads avg, bang sins One Edwards Way iranomied tothe USPTO (71) 275-2665, onthe date incest blow. Irvine, CA 92614 Sar Seon om TAPFLICATIONNO. TIONG DATE TRS WANED INVENTOR TAFTORNEY DOCKETNO. | CONFIRMATION. 101834.356 oansn008 Poiick M, McCarty BOV-785 OR ‘TITLE OF INVENTION: ANNULOPLASTY RING FOR MITRAL VALVE PROLAPSE ARUN TWPE | SALLENTITY | _ISSUEFEEDUE | FUBLICATION FEEDUE [PREV PAIDISSUEEE | TOTALFEEG)DUE | _DATEDUE Tonprovisonal NO 1400 S00 0 $1700 102672007 PRONE, CHRISTOPHER D aT38 B06 TE Syegt opine ele or icon oT x ae 7 ] > For pring on pt ont pas it oe (1) the nares of upto 3 registered patent etomeys | orang ofcorespondenc ies (or Changs of Conespondence | Grease OR, aerate, Fares form PTO/123) aac (2) the name of single firm having asa member a Fee address indication (or "Fee Address Indication form FEeistered storey erage) andthe rames of up PYO/SBIAy. Rev 05-05 or more resin) atschod Use ofa Customer | Premiered poten stlomeys gragents no ame 1S 3 ‘Number is required. fiat no name sl be pate. S ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT (printer p=) PLEASE NOTE: Unless an asigne is denied below, no assignee data will appear on th patent. If an assignee is identified below, the document has been filed for ‘ordation 35st forts in 37 CFE. 11- Completion ofthis form is NOT a ubsUae for Hing ak assignment. (A) NAME OF ASSIGNEE (B) RESIDENCE: (CITY and STATE OR COUNTRY) Please chock the approprit asignce category or eategores (will not be printed on the patent): CD individual CO Corporation o other private group enity CO Government ‘4. The flowing fe arse 1, Payment of Fe) (Pease fst eaply any preview pad sue shown above) Dissue Fee Qa check is enclosed. Publication Foe (No small entity discount permitted) ‘Payment by credit card. Form PTO-2038 is attached. nee Order of Cops Ce rect ey orn charge eu ay define, or eit an O evans Ores of Cops pete est NSeoan an nee fe Lay Os om) 5. Change in Boriy Status (rom snus indented above) Qs. Applicant laims SMALL ENTITY status. Sco37CFR 1.27, Cb, Applicants no longer claiming SMALL ENTITY status. See 37 CFR 1.2762). NOTE: The Isue Fee and Publication Fee (i equred) wil not be agceped (rm anyone ther than is applicant registered alors oF age oF Ue aSgnee or GE Pay IMctstar shown bythe ecors of he Unied Ste Pasa and Tndcnark Occ, = 2 aeaee = i Autorized Signature Date ‘Typed or printed name Registration No. “Wis calccon a itormation requred by STCFRI TT The jiprmation raed fo obtain or tana bonol by We public which To fe (and by The USPTO to proce eppisigh Content sven by 35 USE 2 nd 9 CFR Tk Ts alec ecm ake 19 mises coppiy nce aber, prepa tnd {hs Tor anor suggestions Tor educng ths burden shouldbe sem the Chit Infraion Office, U.S Peient trader Offic US, Depart of Commerc, P.O. ‘Box 1430, Aletendst, Vigne 27315-1850. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissioner for Pens, PO. Box 1430, Alexandra Virginia 22315-1880. Under the Paperwork Redaction Actof 1995, no persons are equited to respond toa collection of information unless it display a valid OMB contol number. PTOL-SS (Rev. 07107) Approved for us through 07312007 (OMB 0551-0033 U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCEsepa a TES RAND ENON TORE DOCKETS, [_CORFNRTONTO Tosa oars ack Meany nevis on 7390 ‘o7re2007 EXAMINER Edwards Lifesciences LLC PRONG, CHRISTOPHER D_ Law Dept oA PAE ER One Edwards Way Irvine, CA 92614 ae DATE MAILED; 077262007 Determination of Patent Term Adjustment under 35 U.S.C. 154 (b) (application filed on or after May 29, 2000) The Patent Term Adjustment to date is 611 day(s). If the issue fee is paid on the date that is three months after the mailing date of this notice and the patent issues on the Tuesday before the date that is 28 weeks (six and a half months) after the mailing date of this notice, the Patent Term Adjustment will be 611 day(s). If a Continued Prosecution Application (CPA) was filed in the above-identified application, the filing date that determines Patent Term Adjustment is the filing date of the most recent CPA. Applicant will be able to obtain more detailed information by accessing the Patent Application Information Retrieval (PAIR) WEB site (http://pair-uspto.gov). ‘Any questions regarding the Patent Term Extension or Adjustment determination should be directed to the Office of Patent Legal Administration at (571)-272-7702. Questions relating to issue and publication fee payments should be directed to the Customer Service Center of the Office of Patent Publication at 1-(888)-786-0101 or (571)-272-4200. Page 3 of 3 PTOLBS (Rev. 07107 Approved for we through 07/31/2007‘Application No. ‘Applicant(sy a 10/834,556 MCCARTHY, PATRICK M. Notice of Allowability Examiner “Art Unit Christopher D. Prone 3738 ~ Tho MAILING DATE of this communication appears on the cover sheet with the correspondence address-- All claims being allowable, PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application. if not included herewith (or previously mailed), a Notice of Allowance (PTOL-85) or other appropriate communication willbe mailed in due course. THIS NOTICE OF ALLOWABILITY iS NOT A GRANT OF PATENT RIGHTS. This application is subject to withdrawal from issue at the initiative ‘of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308. 1, J This communication is responsive to Amendment after non-fnal rejection received 8/3/07, 2. The allowed claim) is/are 1-40. 3. [Acknowledgment is made ofa claim for foreign priority under 35 U.S.C. § 119(a)) or (. a)C1 Al b)C)Somer cy] None of the 1. Certified copies ofthe priority cocuments have been received. 2. Li Certited copies of the priority documents have been received in Application No, 3. Cy Copies ofthe ceried copies of the priority documents have been received in this national stage application from the International Bureau (PCT Rule 17.2(a). * Certified copies not received: _ Applicant has THREE MONTHS FROM THE "MAILING DATE" ofthis communication to fle a reply complying with the requirements noted below. Failure to timely comply will result in ABANDONMENT of this application ‘THIS THREE-MONTH PERIOD IS NOT EXTENDABLE. 4. DJA SUBSTITUTE OATH OR DECLARATION must be submitted. Note the attached EXAMINER'S AMENDMENT or NOTICE OF INFORMAL PATENT APPLICATION (PTO-182) which gives reason(s) why the oath or deceration fs deficient 5. CLCORRECTED DRAWINGS (as “eplacoment sheets") must be submited (@) CI including changes required by the Notice of Dratsperson's Patent Drawing Review ( PTO-948) atached 1) hereto or 2) () to Paper No./Mail Date__. (b) C1 including changes required by the attached Examiner's Amendment / Comment or inthe Offce action of Paper NoJMail Date. Identifying indicia such as the application number (¢ ‘each sheet. Replacement sheet(s) should be 37 CER 1.84(c}) should be written on the drawings in the front (not the back) of ‘88 Such in the header according to 37 CFR 1.121(@), 6. Cl) DEPOSIT OF and/or INFORMATION about the deposit of BIOLOGICAL MATERIAL must be submitted. Note the attached Examiner's comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL, Attachment(s) 1. Notice of References Cited (PTO-892) 5. D)Notice of informal Patent Application 2. D Notice of Dreftperson's Patent Drawing Review (PTO-948) 6. Bl interview Summary (PTO-413), Paper No./Mail Date 6/25/07 3. Bi Information Disclosure Statements (PTO/SB/08), 7. Bl Examiner's AmendmentiGomment Paper No /Mail Date 9/17/04 4. Cl Examiner's Comment Regarding Requirement for Deposit 8. 62 Examiner's Statement of Reasons for Allowance ‘0f Biological Material 9. 0 Other Y cop TS Pa Sa Tan Oe PTOL-37 (Rev. 08-08) Notice of allowability ar of Paper NoJMallOate 20070625Application/Control Number: 10/834,556 Page 2 Art Unit: 3738 EXAMINER'S AMENDMENT ‘An examiner's amendment to the record appears below. Should the changes and/or additions be unacceptable to applicant, an amendment may be filed as provided by 37 CFR 1.312. To ensure consideration of such an amendment, it MUST be submitted no later than the payment of the issue fee. Authorization for this examiner's amendment was given in a telephone interview with Mr. Guy Cumberbatch on 6/25/07. The application has been amended as follows: Paragraph [0027] of the specification has been amended as follows: See Attached Sheet: Claims 1-40 have been'deleted and replaced with: See Attached Sheet: REASONS FOR ALLOWANCE The following is an examiner's statement of reasons for allowance: The claims as amended require that the ring comprises a more pronounced outward bow, meaning ‘one, which has a smaller radius than adjacent sections. The combination of an oval shaped annuloplasty ring having a bowed posterior section that extends both radially ‘outward and upward, wherein the outward bow has a smaller radius than adjacent sections and the upward bow exceeds 3mm is could not be overcome by any of the art of record.Application/Control Number: 10/834,556 Page 3 Art Unit: 3738 Any inquiry concerning this communication or earlier communications from the examiner should be directed to Christopher D. Prone whose telephone number is (571) 272-6085. The examiner can normally be reached on Monday Through Fri 8:30 to :00. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Corrine McDermott can be reached on (571) 272-4754. The fax phone number for the organization where this application or proceeding is assigned is 571- 273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. Christopher D Prone Examiner Vv Art Unit 3738 cDP INE McDERMOTT ASORY PATENT EXAMINER ‘TECHNOLOGY CENTER 3700‘Application No. ‘Applicant(sy . 107834,586 MCCARTHY, PATRICK MM Interview Summary Examiner ‘Art Unit = Christopher D. Prone 3738 All participants (applicant, applicant's representative, PTO personnel) (1) Christopher 0. Prone @__ (2) Guy Cumberbatch. eeaea Date of Interview: 25 June 2007. Type: a)[ Telephonic b)L] Video Conference )L] Personal [copy given to: 1)C] applicant 2)L] applicant's representative] Exhibit shown or demonstration conducted: d)[] Yes _e)[XJ No. If Yes, brief description: Claim(s) discussed: 1-40. Identification of prior art discussed: USPNV 20030093148 and USPN 5,607,471 Agreement with respect to the claims ) was reached. g)(] was not reached. h)(_] N/A. ‘Substance of Interview including description of the general nature of what was agreed to if an agreement was reached, or any other comments: Applicant was informed that the Bolling reference still qualified under a 103 rejection because its publication date qualified as a 102 a rejection and because the inventive entity was different. The applicant then agreed to the examiner's amendments. (A uller description, it necessary, and a copy of the amendments which the examiner agreed would render the claims allowable, if available, must be attached. Also, where no copy of the amendments that would render the claims allowable is available, a summary thereof must be attached.) ‘THE FORMAL WRITTEN REPLY TO THE LAST OFFICE ACTION MUST INCLUDE THE SUBSTANCE OF THE INTERVIEW. (See MPEP Section 713.04). If a reply to the last Office action has already been filed, APPLICANT IS GIVEN A NON-EXTENDABLE PERIOD OF THE LONGER OF ONE MONTH OR THIRTY DAYS FROM THIS INTERVIEW DATE, OR THE MAILING DATE OF THIS INTERVIEW SUMMARY FORM, WHICHEVER IS LATER, TO FILE A STATEMENT OF THE SUBSTANCE OF THE INTERVIEW. See Summary of Record of Interview requirements on reverse side or on attached sheet Eran Ne: You mt sgn bis om naan A ‘Attachment to a signed Office action Examiners signature, if required PTOL-413 (Rev. 04-03) Interview Summary Paper No, 20070625Summary of Record of Interview Requirements Manual of Patent Examining Procedure MPEP), Secon 713.04, Substance of interview Must be Made of Record ‘comple win statement as foe subsanca of any Taretotace, video conernco, or tleghone nonew with epar to an appcaton must be made of recordin the Sppleaton whether or nt an agreement wth he exaruner was reached ate Marien Tie 37 Code of Federal Regulations (CFR) § 1.133 Interviews Pecgraph @) In ever intance where reconsideration i equesed in ew of an interview wth an exaeer 2 compete wen statemen! ofthe restos presented atthe nara a6 weaning averate schon must eed by he appica ninenan does al emove the necasy fr ep 10 Otis schon at specidin GG 111,135 98USC 192) 37 CFRS1.2 Business tobe vansactesin wring, [AL busines wi he Patent e Trademark Ofice shouldbe Vansactea it wrtng. The persona tendonce a applicants or hate or agent athe Patent on ‘Trademark Oia is vanacaseay The acon of he Palen’ an Trademark Ofte wl be based excusivl one witlan reco inte Otten. No atoston wl bo alto ny alaged ora promise, stipulation, or wndestanaingin reaton to whlch eres disagreement oF dou. ‘The action ofthe Patent and Trademark Office cannot be based exclusively on the written record inthe Office if that record is itselt Incomplete through the fale to record the substance of interviews, Iti the esponsibity ofthe applicant or the attomey or agent to make the substance ofan interview of recordin the application fe, unless the examiner indicates he or she wil doo. Its the examiner's responsibilty to see that such a record ie made and to corect material naccuracies ‘whien bear directly on the question of patentability. Examiners must complete an Inlewview Summary For for each interview held where a matter of substance has been discussed during the interview by checking the appropriate Boxes and fing inthe blanks. Discussions rogardng only procedural matiers, directed solely to restrction requirements fo: which interview recordation is otherwise provided for in Section 812.01 ofthe Manual of Patent Examining Procedure, or pointing Cut typographical erors or unreadable script in Office actions or the Bke, are excluded from the interview recordation procedures below. Where the ‘substance ofan interview is completely recorded in an Examiners Amenicment, no separate Interview Summary Record i required. ‘The Interview Summary Form shall be given an appropriate Paper No. placed in the ight hand portion ofthe fle, and listed onthe “Contents” section of the fe wrapper. In a personal interview, a duplicate of the Form is given to the applicant (or attorney or agent) atthe conclusion ofthe interview. In the case ofa telephone or video-conference inerview, tne copy fs mailed to the applicant's corespondence address tether with or ror tothe nex official communication. If adationsl corespondence from the examiner's not ikely before an allowance ori other ‘ireumstances Gita, the Form should be malied promptly after the interview rather than withthe neat official communication “The Form provides for recordation ofthe following information = Application Number (Series Code and Serial Number) Name of applicant = Name of examiner = Date of interview = Type of interview (telephonic, video-conference, or persona!) = Name of partcipant(s) (applicant, attorney or agent, examiner, other PTO personnel, ec) = Aningieation whether or nat an exhibit was shown or a demonstration conducted = Anigenticaion of the specific por an discussed = Anindcaton whether an agreement was reached and iso, a description of the general nature ofthe agreement (may be by atlachment of a copy of amendments or claims agreed as being allowable). Nole: Agreement as to allowabili is tentative and does. nol restrict futher action by the examiner to the contrary. ~The signature of the examiner who conducted the interview (Form isnot an attachment to @ signed Office action) itis desirable that the examiner orally remind the applicant of his or her obligation to record the substance ofthe interview of each case, tt ‘should be notes, however, thal the Interview Summary Focn wll nt norvally be considered a complete and proper recordation ofthe interview Unless it includes, o fe supplemented by the applicant othe examine to include, alo the appteable dems required below concerning the ‘substance ofthe interview. ‘A complete and proper recordation of the substance of any interview should include atleast the folowing applicable items: 1) Abr description ofthe nature of any exhibit shown of any demonstration conducted, 2) an identiiation ofthe ciams discussed, 3) an identification ofthe specific prior art discussed, ‘4 an identification ofthe principal proposed amendments of @ substantive nature discussed, unless these are already described onthe Interview Summary For completed by the Examiner, 5) a brief isentfeaton ofthe general thrust ofthe principal arguments presented tothe examiner, ‘(The identification of arguments need not be lengthy or elaborate. A verbatim or highly detalled description ofthe arguments isnot Fequired, The identification of the arguments is suficient the general nature or thst ofthe principal arguments made tothe ‘examiner can be understood inthe contest ofthe application file. Of course, the applicant may desire fo emphasize and full ‘describe those arguments which he or she feels were or might Be persuasive to the examiner.) 68) a general indication of any other pertinent matters ciscussed, ang 7) it appropriate, the general resis or outcome of he interview unless already described in the Interview Summary Form compl the examiner by Examiners are expected to carefully review the applicant's record ofthe substance ofan interview. Ifthe record isnot complete and ‘accurate, the examiner wil ive the applicant an extendable one month time period to cored the recor. Examiner to Check for Accuracy tthe eiims are allowable fr other reasons of recor, the examiner should send alter setting forth the examiner's version of he statement attributed 1 him or her. Ifthe record is complete and accurate, the examiner should place the inication, Interview Record OK" on the paper recording he substance of he interview along wit the date and the examiners inials.ELECTRONIC INFORMATION DISCLOSURE STATEMENT Electronic Version v18 Stylesheet Version v18.0 Title of Invention ANNULOPLASTY RING FOR MITRAL VALVE PROLAPSE ‘Search string: Aplcaion Number rorsesse ‘NOMINAL Confirmation Number: 6952 First Named Applicant: Patrick McCarthy ‘Attorney Docket Number: ECV-5785 Ant Unit 3738 Examiner: ( 20030083742 or 20020169504 or 20020129820 or 20030033009 ) pn US Published Applications Noto: Applicant is not required to submit a paper copy of cited US Published Applications int Pite.No] Pub. No. Date ‘Applicant Kind ‘Class subclass: [ROT | 1 [20030083742 | 2003-05-07 ‘Spence et al. 2_[20020169504| 2002-11-14 | Alferness et al, 3_[20020729820| 2002-09-19 Ryan et al. 4 [20030033009] 2003-02-13 Gabbay Signature Examiner Name Date JChristopher Prone! 06/25/2007‘ApplicationiControl No, ‘Applicant(s)iPatent under Issue Classification Aaasalese Reexamination | MCCARTHY, PATRICK M._| Examiner ‘Art Unit Christopher D. Prone 3738 ISSUE CLASSIFICATION RHA INTERNATIONAL GLASSIRCATION came NON-ELAIMED Fl 2. @ {SUBCLASS (ONE SUBCLASS PER BLOCK) 2a] 298 ZL Christopher Danie! Prone 6/25/07 (Gssistant Examines) (Oa 0G oS lis) Pr Fig (Legal instruments Examines) + [claims renumbered in the same order as presented by applicant | [) cPA Oro. OR147 Ele| |2]/2) |2}2) |2)e] |éye| |es/e) ele é é é é é é é Tht EI oi a 72 151 73 212 32 [32 62 22 122 152 182 4[3 33 [33 63 93 123 153 183 a4 34 [34 64 94 124 154 184 sts 35.[ 35, 65 95 125; 155 185 66 35. [36 66 96 126 156 186 77 37_[ 37, 67 97 127 157 197 a[e 38_[ 36) 68 28 128 158 188 ots 39 [39 69 aE 159 189 1010 40 [40 70 joo) = [F430 160 190 win at 71 for) (Prt 161 191 2h 42 72 102 132 162 192 1343 3 73 103 133) 163 193 14 [14 rm 74 104 134 164 194 15 [15 ro 75 105; 135; 165 195 16 [16 46 76 106 136; 165 196 17 [a7 a7 7] [hor 137, 167 197 18 | 18 48 78 108) [ 138) 168, 198 19 [19 49 78 tos} = [—_[a38 169 199 20 20 50 30 no) = [440 170 200) zi fat 51 31 tit 141 a7 201 2a [22 52 82 12 142 172 202, 23 [23 53 33 113, 143, 173 203. 24 [24 54 84 114 144 174 208 25 [25 55 85 115) 145; 175 205; 26. [26 36 86 116: 146 176 206. 27 [ar 37 e7 117, 147 17 207 20 [28 58 88 116: 148) 178 208; 20 [20 59 89 119) 149) 179 209 30 [30 60 90 120) 150) 180 210 US. Patent and Trademark Office Part of Paper No. 20070625Page | of 1 NEA TE CONFIRMATION NO. 6852 a Osta Shoot FILING OR 371(c) SERIAL NUMBER DATE CLASS GROUP ARTUNIT | ucKENRS, 10/834,556 04/29/2004 623 3738 ° ECV.5785 RULE [APPLICANTS Patrick M. McCarthy, Chicago, I; E CONTIURG einen * FOREIGN APPLICATIONS **" IF REQUIRED, FOREIGN FILING LICENSE GRANTED 07/06/2004 rn Py ctl eee stateor| sHeets | ToTAL |NDEPENDEN Opell 2 yes Ono O met ater COUNTRY | DRAWING | CLAIMS | CLAIMS. feiiod and we 5 23 3 snowed EG Gat ADDRESS: lEdwards Lifesciences LLC lLaw Dept lone Edwards Way line, CAS2614 frirte fAnnuloplasty ring for mitral valve prolapse OQ aliFees O 1.16 Fees ( Filing ) FILING FEE |FEES: Authority has been given in Paper C1 1.17 Fees ( Processing Ext. of RECEIVED No. to charge/credit DEPOSIT ACCOUNT _ time) 2204 No. for following (O 1.18 Fees (Issue) O other O cregit hutp://ne0:8000/PrexServle/PrexA ction serviceName=BibDataSheet&Action=display&br. 6/25/2007‘ApplicationiControl No. ‘Applicant(eyPaten Seah = —— 10/834,556 MCCARTHY, PATRICK M. Examiner Art Unit Christopher D. Prone 3738 SEARCH NOTES eeaceoee (INCLUDING SEARCH STRATEGY) Glass | Subclass | Date | Examiner care | exw INTERFERENCE SEARCHED class | suvciass | ate | Examiner ezsroor | cor US: Patent and Trademark Office ar of Paper No. 20070625,y PATENT APPLICATION FEE DETERMINATION RECORD Etiective October 1, 2003 CLAIMS AS FILED - PART! +11 diterence in eotuma CLAIMS AS AMENDED - PARTI OTHER THAN SMALLENTITY OR SMALL ENTITY.EAST Search History Ref Hits | Search Query Das Defauit | Plurals | Time Stamp # Operator | u 66 | 623/2.41.ccls. us-pcpus; | oR | On | 2007/06/25 14:48 USPAT; | usocr B 61 | 623/2.4.cds. us-popus;|0R | on | 2007/06/25 15:16 | USPAT; | | usocr B | mirral and annul§7 and ring us-PGPUB; | OR ON | 2007/06/25 15:17 | USPAT; | usocr 4 2172 | mitral and annulg7 and ring us-pcPus; | OR ON | 2007/06/25 15:17 USPAT; usocr us 1194 | mitral and annul$7 and ring | us-pcPus | oR ON | 2007/06/25 15:17 is 3 | ("2004/0015040").URPN. | USPAT | OR ON | 2007/06/25 15:23 st 3 | "20050004666",pn. "6726717"pn, | US-PGPUB; | OR ON | 2007/06/25 13:19 USPAT; usocr; | DERWENT 82 10 | ("4055861" | "5607471" | "6019739" | US-PGPUB; | OR ON | 2006/10/10 08:06 | "6102945" | "6217610").PN. OR | USPAT; (°6726717"),URPN. jUSOCR | 3 40 | ("4055861" | "5607471" | "6019739" | US-PGPUB; | OR ON | 2006/10/10 08:35 | "6102945" | "6217610").PN.OR | USPAT; | | (°6726717").URPN. USOCR | s4 5 | ("4055861"|"5607471"|"6019739"|" | US-PGPUB; | OR ON | 2007/06/25 10:54 6102945"|"6217610") PN. USPAT; USOCR | $5 57 | ("4042979" | "4055861" | "4106129" | US-PGPUB; | OR ON — | 2006/10/10 08:47 1164046" | "418310; USPAT; | "4290151" | "4345340" | "4489446" | USOCR | "4535483" | "4602911" | j "4917698" | "5061277" | "5064431" | 1,"5071431" | "5104407" | } '5163953" | "5201880" | "5258021" {,"5306296" | "5593424" | | "5593435" | "5607471" | "5628790" j |."5716397" | "5720746" | "'5888240").PN. OR ("6217610"). | URPN. | $6 29 | "3656185" | "4042979" | "4055861" | US-PGPUB; | OR ON | 2006/10/10 08:49 | "4144046" | "4164046" | USPAT; | "4290151" | "4489446" | "5061277" | USOCR | "5104407" | "5306296" | | 5593424" | "5716397").PN. OR (°6102945").URPN. | 6/25/2007 3:25:20 PM C:\Documents and Settings\cprone\My Documents\EAST\Workspaces\Mitral Valve Ring 10742454.wsp Page iEAST Search History SB 99 24 54 v7 "4211241" | "4441216" | "4626255" | US-PGPUB; | OR | "5042161" | "5290300" | USPAT; "5360014" | "5489296" | "5531785" | USOCR |, "5653749" | "5814096" | 5814097" | "5814098" | "5843177" | "5885228"),PN. OR ("6019739"). URPN. "3656185" | "4035849" | "4042979" | US-PGPUB; | OR | "4055861" | "4204283" | USPAT; "4217665" | "4290151" | "4489446" | USOCR | "4561129" | "4602911" | "4655773" | '4743261" | "4917698" |."5061277" | "5104407" | 5290300").PN. OR ("5607471"). URPN. "20010034551" | "20020173844" |_| US-PGPUB; | OR. "4055861" | "5104407" | "5450860" | USPAT; | "5607471" | "6024918" | UusocR "6183512" | "6187040" | "6231602" 1 (°6805710").URPN. ‘Ton ON on 2006/10/10 08:51 2006/10/10 08:53, 2006/10/10 08:50 | 6/25/2007 3:25:20 PM ‘C:\Documents and Settings\cprone\My Documents\EAST\Workspaces\Mitral Valve Ring 10742454.wsp Page?EAST Search dmeukd: {sto | 28 | ("20010021872" | "20010039450"| | US-PGPUB; | OR | ON | 2006/10/10 08:55 | "20020052651" | "20030023300" | | USPAT; | | "20030069635" | "20030069646" |_| USOCR | | "20030130726" | "20030130729" | | | | "20030229394" | "20030229395" | | "20030233142" | "20030236568" | | | 20030236569" | "20040002719" | | "20040003619" | "20040010305" | | "20040015230" | "20040015232" | "20040015233" | "20040019374" | | "20040019377" | "20040019378" | | "20040024447" | "20040024451" | | "20040024452" | "20040030321" | | | | "20040030381" | "20040030382" | "20040030405" | "20040034380" | | | "20040034411" | "20040039436" | } | "20040039442" | "20040039443" | | "20040044350" | "20040044365" | | | | | "20040044403" | "20040049207" | | | 20040049211" | "20040049266" | | | } "20040059351" | "20040059411" | | | "20040059412" | "20040060161 | | Sooeon7ssox" | 20090073302" | | | "20040078072" | "20040078074" | | | "20040082910" | "20040082923" | | | | 20040082991" | "20040087975" | | 20040088045" | "20040088046" | | | "20040092858" | "20040093060" | | | | "20040093070" | "20040093080" | | "20040097979" | "20040098098" | | | "20040098112" | "20040102839" | "20040102840" | "20040102842" | 5" | "20040106990" | | j "20040111096" | | | | zoowoizzee6"| | | j | "20040122512" | "20040122513" | "20040122514" | "20040122515" | | "20040122516" | "20040127979" | | | "20040127980" | "20040127981" | | | | "20040127982" | "20040133220" | | | "20040133267" | "20040133273" | | | »20040138742" | "20040138743" | | | "20040138744" | "20040138745" | 20040148018" | "20040148019" | | 20040148020" | "20040153052" | | "20040153146" | "20040153147" | | "20040158321").PN. OR i | (20040162610" | "20040167539" | | "20040167620" | "20040172046" | || | "20040176839" | "20040176840" | 20040181238" | "20040186444" | | "20040186558" | "20040186561" | | | "20040186563" | "20040186565" | | | "20040186566" | "20040193191" | 20040193253" | "20040193260" | | ‘7a57 2007 Fasiao prt 20040199455" | 20040199183" ime Choocments on Se BPARE ARI BODIE cena val 1 | | | eonnaninand | "9nnanrinana" | Ring oe spEAST Search History sil si2 S13 si4 sai $22 $23 $24 $25 $26 27 $28 $29 2 265 2578 187 283 483 161 70 584 73579642" | "3656185" | "3839741"),PN. OR ("4055861"). URPN. 623/2.36.ccls. mitral adj valve and ring S13 and (d adj shaped d-shaped dshaped) "20060129236",pn. 623/2.36.ccls. $22 and ratio "20050246014".pn. "4850999".pn. "6232." 623/2.38.ccls. mitral adj ring annuloplasty adj ring us-paPuB; | OR USPAT; USOCR US-PGPUB; | OR USPAT; usocr; DERWENT OR Us-PGPUB; | OR USPAT; UsocR; DERWENT DERWENT us-pGpus; | OR USPAT; UsOCR; DERWENT US-PGPUB; | OR USPAT; USOCR; DERWENT us-PGPUB; | OR USPAT; usocR; DERWENT | DERWENT US-PGPUB; | OR usPAT; | USOCR | us-pcPus; | oR USPAT; usocR = | us-PGPUB; | OR USPAT; usocR | us-pGPuB; | OR USPAT; usocr ON oN oN oN oN oN ON ON ON oN oN ON oN | | | 2006/10/10 09:00 2007/02/28 14:29 | 2006/10/10 11:19 | | 2oveja0/10 11:20 | 2007/02/28 14:25 2007/02/28 14:29 2007/02/28 14:38 2007/02/28 14:38 2007/02/28 15:00 2007/02/28 17:17 2007/02/28 17:40 2007/02/28 17:26 2007/02/28 17:26 5/25/2007 3:25:20 PM C:\Documents and Settings\cprone\My Documents\EAST\Workspaces\Mitral Valve Ring 10742454.wsp Page 4EAST Search History | 30 115 | | sai | 0 || | $32 | 469 | so ; us | $34 2 $35 1 $36 10 | $37 1 $38 12 623/2.37.ccls. ‘AG1F002/23.ipc. ‘AG1F002/24.ipc. 932 and ring "20050256568".pn. 2005-768362.NRAN. (US-20040153144-$).did. or (US-5824066-$ or US-6402781-$ or US-6368348-$ or US-6524338-$ or US-6537314-$ or US-6602288-$ or US-5716397-$ or US-4042979-$ or Us-6800030-$).did. or (WO-200228321-$) did "20030093148".pn. "6024918" "6231602" "5104407" "20020173844" "6183512" "20010034551" "4055861" "5450860" "5607471" "6187040" "6250308" "6258122").pr US-PGPUB; USPAT; usocr FPRS; EPO; JPO FPRS; EPO; JPO FPRS; EPO; JPO us-PGPUB; USPAT; usocr; DERWENT, DERWENT Us:PGPUB; USPAT; usocr us-pGPuB; USPAT; usocr us-PGPUB; USPAT; usocr OR OR OR OR OR OR OR OR OR ON oN oN on oN oN oN ON ON 2007/02/28 17:44 2007/02/28 17:44 2007/02/28 17:44 2007/02/28 17:44 2007/03/01 10:27 2007/03/01 10:27 2007/06/25 10:54 2007/06/25 12:58 2007/06/25 13:00 6/25/2007 3:25:20 PM C:\Documents and Settings\cprone\My Documents\EAST\Workspaces\Mitral Valve Ring 10742454.wsp Page 5EAST Search History S40 sat S42, 543 S44 99 | ("3571815" | "3691567" | "3714671" |."3755823" | "3860005" | "3983581" | "4035849" | "4106129" | "4276132" | "4339831" | "4343049" | "4345340" | "4441216" 1 "4535483" | "4602911" | "4743253" | "4755181" | "4816029" "4851000" | "4863460" | "4917698" | "5035709" | "5041130" "5061277" | "5071431" | "5104405" | "5104407" | "5147370" "5163953" | "5163954" | "5178633" | "5201880" | "5258021" "5306296" | "531234 '5350420" | "5360014" "5397346" | "5397348" | "5450860" | "5469868" | "5489297" | "5489298" | "5578073" | "5584879" | "5593435" | "5607469" "5607470" | "5607471" | "5612885" | "5628790" | "5674279" { "5674260" | "5674390" | "5716397" | "5755783" | "5776189" "5824071" | "0376206").PN. OR ("6250308").URPN. "6805710".pn. "5376112" "20050246014".pn. ° "20030083742" "20020169504" "20020129820" "20030033009").pn. (°2003093148" "2004006384").pn. (°20030093148" "20040006384"). pn. us-pePuB; | OR USPAT; usocr Us-PGPUB; | OR USPAT; usocr | Us-pGPuB; | OR USPAT; usocR ON ON | | | ON ON 2007/06/25 13:06 2007/06/25 13:06 2007/06/25 13:19 2007/06/25 13:38 2007/06/25 13:39 2007/06/25 13:39 5/25/2007 3:25:20 PM C:\Documents and Settings\cprone\My Documents\EAST\Workspaces\Mitral Valve Ring 10742454.wsp Page 6Unitep STATES PATENT AND TRADEMARK OFFICE TRIED STATES DETARTMIENT OF CONNIERCE ‘hates COMMISSIONER FORFATENTS Toe uae Tac Mey ers om Edwards Lifesciences LLC ae Law Dept TONE ORITORTERD One Edwards Way eee “arn ERNE os7a07 TAPER Please find below and/or attached an Office communication concerning this application or proceeding. The time period for reply, if any, is set in the attached communication. PTOL-90A (Rev. 0407)‘Application No. Applicant(s) ' 101834,556, MCCARTHY, PATRICK Mt ee une Examiner ‘Art Unit Christopher 0. Prone 3738 All participants (applicant, applicant's representative, PTO personnel) (1) Christopher D. Prone. Q__ (2) Richard Cates, (4). Date of Interview: 30 April 2007. Type: a){XJ Telephonic b)[] Video Conference ©) Personal {copy given to: 1)L] applicant 2)C] applicant's representative] Exhibit shown or demonstration conducted: d)C] Yes — e)B) No. If Yes, brief description’ Claim(s) discussed: 1-23, Identification of prior art discussed: USPN 5,607,471 2003/0093148, Agreement with respect to the claims [] was reached. g)[] was not reached. h)[J N/A ‘Substance of Interview including description of the general nature of what was agreed to if an agreement was reached, or any otfier comments: Applicant was advised to supply reasoning why the art of record could not be jositioned in a different orientation to operate in the same manner as that of the current application. Applicant was also advised to supply reasoning why the ratio ofthe arf of record was not equal fo that of the claimed requirements. (A uller description, if necessary, and a copy of the amendments which the examiner agreed would render the claims allowable, if available, must be attached. Also, where no copy of the amendments that would render the claims allowable is available, a summary thereof must be attached.) ‘THE FORMAL WRITTEN REPLY TO THE LAST OFFICE ACTION MUST INCLUDE THE SUBSTANCE OF THE INTERVIEW. (See MPEP Section 713,04). If a reply to the last Office action has already been filed, APPLICANT IS GIVEN A NON-EXTENDABLE PERIOD OF THE LONGER OF ONE MONTH OR THIRTY DAYS FROM THIS INTERVIEW DATE, OR THE MAILING DATE OF THIS INTERVIEW SUMMARY FORM, WHICHEVER IS LATER, TO FILE A STATEMENT OF THE SUBSTANCE OF THE INTERVIEW. See Summary of Record of Interview requirements on reverse side or on attached sheet Examiner Note: You must sign this form unless itis an Attachment to a signed Office action. Examiner's signature, if required PTOL-#13 (Rev. 04-03), Interview Summary Paper No. 20070501‘Summary of Record of Interview Requirements. ‘Manual of Patont Examining Procedure (MPEP), Section 712.04, Substance of interview Must be Mado of Record ‘Reampletewiten statement he subsiance of any faceovace, vdeo conference, o telephone inienvew wth egarto an appcaton must be made of recordin he Sppicaton whether or olan agreement wih the examine” wos reached atthe enn ‘Tite 37 Code of Federal Regulations (CFR) § 1.133 Interviews Pangan ©) tn ever inslanee where reconsideration raquestes in vew oan interview wih an examiner, 2 complete wien statement of the reasons presented a the inlevew a8 vamanbg faverabe scion mut be led by the apc An neniew dbs tee he neces fe epi Otc soton a spealea A §§ 1111, 1138 (33 USC. 192) 37 CFR 51.2 Business tobe vansacteain wing ‘Allbusinss wih the Patent or Trademark Ofte should be Lansacted in welng. The personal aitndance of sppicans or tht atomeys or agen at the Patent and {Trademark Ofte is unnecessary The acionf the Palen and Tvademare Otce willbe bases extiusnay onthe wren recoré nthe fies No ateon wil be pak 2 ‘ny sloged ors promo, supultion, or understanding elson which eres dsagreument or ous. ‘The action of the Patent and Trademark Office cannot be bases exclusively onthe writen record inthe Offce that record is itself Incomplete through the failure to record the substance of interviews, tis the cesponsibly ofthe applicant or the altorney or agent to make the substance ofan Interview of record inthe application fie, unless the examiner indicates he or she wil do so. It's the examiners responsibilty to see that such a record is made and to correct material naccuracies, uhich Bear girectly onthe question of patentabity ‘Examiners must complete an Interview Summary Form for each interview held where @ matter of substance has been discussed during the interview by checking the appropriate Boxes and filing inthe blanks. Discussions regarding only procedural matters, direcied solly to resticion requirements for which interviow recordation is otherwise provided for in Section 812.04 ofthe Manual of Patent Examining Procedure, or pointing ‘ut typographical ears or unreadable serpin Offce actions or the ike, are excluded from the interview recordation procedures below. Where the ‘substance of an interview is completely recorded in an Examiners Amendment, no separate Interview Summary Record is requied. “The Interview Summary Form shall be given an appropriate Paper No. placed in the right and portion of the file, and listed onthe “Contents” section of the file wrapper. In a personal interview, @ duplicate of the Form is given tothe applicant (or attorney or agent) atthe conclusion ofthe interview. In the case ofa telephone or video-conference interview, the copy is mailed tothe applican's correspondence adcress tether with or prior to the next official communication. I addtional correspondence from the examiner is no ely before an allowance or if other Circumstances dictate, the Form should be mailed promptly after the interview rather than withthe next official communication, “The Form provides fr recordation ofthe following information = "Application Number (Series Code and Serial Number) = Name of applicant = Name of examiner = Date ofinterviow = Type of interview (telephonic, video-conference, or personal) = Name of parcipant(s) (applicant, attomey or agent, examiner, other PTO personnel, etc) = Aningication whether or not an exhibit was shown or demonstration conducted = An identification ofthe specific prior art discussed = Aningication whether an agreement was reached and iso, description ofthe general nature of the agreement (may be by attachment ofa copy of amendments or clams agreed as being allowable). Note: Agreement as fo allowabily is tentative and does ot restrict further ation by the examiner to the contrary. ~The signature ofthe examiner who conducted the interview (Form isnot an attachment toa signed Office action) Itis desirable thatthe examiner orally remind the applicant of his or her obligation to record the substance ofthe interview of each case. it shouldbe noted, however, thatthe interview Summary Form will not normally be considered a complete and proper recordation ofthe interview Unless it includes, ors supplemented by the applicant or the examiner to include, all of he applicable lems required below concerning the ‘substance ofthe intorviow. ‘A complete and proper recordation ofthe substance of any interview should include at least the folowing applicable items: 1)Abiief description ofthe nature of any exhibit shown or any demonstration conducted, 2) an idenifeation of the claims discussed, 3) an identifeation ofthe specific prorat discussed, 4) an identfeation ofthe principal proposed amendments of @ substantive nature discussed, unless these ae already described on the Interview Summary Form completed by the Examiner, 8) bie dentifcaton ofthe general thrust ofthe principal arguments presented tthe examiner, (The identification of arguments need not be lengthy or elaborate. A verbatim or highly detaled description ofthe arguments is not Fequited. The identification of the arguments i suficient if the general nature or thrust ofthe principal arguments made tothe ‘examiner can be understood inthe context ofthe application file, Of course, the applicant may desire to emphasize and Tuly Sescribe those arguments which he or she feels were or might be persuasive othe examiner) 6) 2 general indication of any other pertinent matters discussed, ang 7)if appropriate, the general results or outcome of the interview unless already described inthe Interview Summary Form completed by the examiner Examiners are expected to carefully review the applicant's record ofthe substance ofan interview. Ifthe record is not complete and ‘accurate, the examiner wil give the applicant an extendable one month time period te correct he recor, Examiner to Check for Accuracy the etaims are allowable for other reasons of reco, the examiner should send alter setting orth the examiner's version ofthe statement atiributed to him or her. Ifthe record is complate and accurate, the examiner should place the inleaton, Inieview Record OK" on the paper recording he substance of he interview along with the date and the examiner’ ina05/03/2007 19:56 FAX 8052013008 GUY CUNBERBATCH RECEIVED oor CENTRAL FAX CENTER MAY 03 2007 Docket No. ECV-5785, Carats of Maing Fraxeainton OF CER ERO [} Pomsatto 37 CER. § 18 rey ly he per al enchnare re bng deposed wh th Ualio Sts Pal Sari of. ‘te al ents dt lion below fn n envcloe area he Conanssoe for Pate P.O, Box 1450 Alraehia, VA 22913-1450 {[2¢) Pusat 37 CER. 64, ery crt th paper ad all tons ae being set vie fase cathe data belo to ‘demon of Ecmminr Christoph D, roe at Pacem No (S71) 273-4800. ‘tess May3,2007 ‘Nae Pann Catling Pred Nene INTHE UNITED STATES PATENT AND TRADEMARK OFFICE 5 Inve Application of: McCarthy ) Group Art Unit: 3738 ) Application No.: 10/834,556 ) Examiner: Prone, Christopher D. ) Filing Dats: April 29, 2004 ) 10 ) For: ANNULOPLASTY RING FOR ) Customer Number: 30452 ‘MITRAL VALVE PROLAPSE > ee Mail Stop Amendment 15 Commissioner for Patents RO. Box 1450 ‘Alexandria, VA 22313-1450 AMENDMENT TRANSMITTAL Dear Sir; : 20 ‘Transmitted herewith is an Amendment in thirteen (13) pages responsive to the Office Action dated March. 2, 2007 in the above-idcatified application. Also attached are: (X)_ Please charge the fees indicated below to Deposit Account 50-1225 (ECV-5785) 25 (Col. 1) (Col. 2) (Col. 3) Claims Remaining, Highest Prev. Present After Amendment Minus Paid For Extra Rate Fee Total Claims 40 - B 17 x 50 = $ 850 30 aims 5 - 3 2x = TOTAL DUE = $ 1250 Dated: May 3, 2007 Respectfully submitted, 35 Guy Cumféfoatch, Reg. No. 36,114 ‘Telephone'(805) 201-3006 clo Rajiv Yadav, PhD., Esq., Reg. No. 43,999 Edwards Lifesciences LLC 40 Law Department Irvine, California 92614 Telephone: (049) 250-6801 Facsimile: (949) 250-6850 4s Customer No. 30452 ‘PAGE 1H4? RCVD AT 59/2007 4:56:59 PM [Easter Daylight Time] * SVR:USPTO-EFXRF it * DNIS:27.38300 * CS4D:8052013006 * DURATION jrim-ss):05-1405/03/2007 13:87 FAX 8052013008 GUY CUMBERBATCH ooz 10 15 20 25 PAGE 2/44? RCVD AT 5192007 4:56:59 Phi Easter Daylight Time] i RECEIVED : CENTRAL FAX CENTER Docket No. ECV-5785 MAY 03 2007 ‘Caritas of Maainaraasnibston GT CER FT Roy 1.) Purnsstio37 CER § 1.8 Thee cl that ts ppet andl ealosrs a lg cpl wih he United Snes Pal Service int {1 Fie he dt intel below en cavelope ane oe Commision for Pars 7.0, Pox 1450 Alera, VA 225131450, [xx Permsrtio37 CER. § L(y cry te ie pper end al encopresis sini onthe data low to {he steton of Examiner Christophe D, roo a Factale No(ST)) 272-8300. Dee May3,2007 ‘Nao of Pann Crag: Prated Name Gey CG 1 Ts ED E Inre Application of McCarthy ) Group Art Unit: 3738 » Application No.: 10/834,556 Examiner: Prone, Christopher D. » Filing Date: April 29, 2004 ) ) : For; ANNULOPLASTY RING FOR ) Customer Number: 30452 MITRAL VALVE PROLAPSE ) —EE—— ee) Mail Stop Amendment Commissioner for Patents P.O. Box 1450 Alexandria, VA. 22313-1450 AMENDMENT Dear Sir: Responsive to the Office Action dated March 2, 2007, please note the following amendments and remarks, Claim amendments begin on page 2 of this paper. Remarks/Arguments begin on page 10 of this paper. /o4/eRa7 TLO111 — @uee0es4 581225 10834356 81 Fest2at e FCs1208 TO-EFARF 111 * DHIS:2738200 CSID:8052013006 * DURATION (mmess) 05-1405/09/2007 19:87 FAX 8052013008 GUY CUMBERBATCH Boos 10 15 20 25 Serial No.: 10/834,556 Docket No.: ECV-5785 Amendment dated May 3, 2007 ‘Responsive to the Office Action dated March 2, 2007 isting of the Claims: ‘The following is a complete listing of the claims: 1. (Currently amended) A mitral annuloplasty ring, comprising a ring body made of a material that will substantially resist distortion when subjected to the stress imparted thereon after implantation in the'mitral valve annulus of an operating human heart, the ring body defining: an anterior segment and a posterior portion opposite the anterior segment; right and left sides between the anterior segment and posterior portion; a central flow axis having an upward direction and a downward direction, the downward direction corresponding to the direction of blood flow through the mitral valve ‘angulus when the annuloplasty ring is implanted; a modified oval shape with a minor axis extending between the anterior segment and posterior portion, and a major axis extending between the sides; and fa bow in the posterior portion that extends both radially outward and axially upward, and wherein an axial height h of the how exceeds about 3 mm. 2. (Currently amended) The mitral annuloplasty ring of claim 1, wherein the radially ‘outward portion of the bow is not co-extensive with the axially upward portion an-exdalheight-h ‘ofthe bow-exeeeds-about-d-mm 3. (Currently amended) The mitral annuloplasty sing of claim 1 2, wherein the axial height h of the bow is between about 3-10 mm. c 4, (Original) The mitral annuloplasty ring of claim 2, wherein in atrial plan view as seen along the flow axis the ring body bas a major axis perpendicular to a minor axis, the major and minor axes being perpendicular to the flow axis, and wherein the ring body has a minor-major dimension ratio of between 3.3:4 (82.5%) and 4:4 (100%). 2 7 PAGE 3/14 RCVD AT 59/2007 4:56:48 PM [Easter Dayfight Time] * SVR‘USPTO-EFXRF-d/t{ * DNIS:27338300 * CSID:8052013006 * DURATION (mm-ss):05-1405/03/2007 19:87 FAK 8052013008 Guy comeRsaTc . oo ; RECEIVED Serial No.: 10/834,556 CENTRAL FAX CENTER Docket No.: ECV-5785 ‘Amendment dated May 3, 2007 MAY 03 2007 Responsive to the Office Action dated March 2, 2007 5s. (Original) The mitral annuloplasty ring of claim 1, wherein in plan view as seen along the flow axis the ring body has a major axis perpendicular to a minor axis, the major and minor axes being perpendicular to the flow axis, and wherein the ring’ body has @ minor-major dimension tatio of between 3,3:4 (82.5%) and 4:4 (100%). ; 6. (Original) The mitral amuloplasty ring of claim 5, wherein the minor-major dimension ratio is about 3.5:4 (87.5%). 7, Criginal) The mitral annuloplasty ring of claim 5, wh« 10 about the minor axis and has an angular extent of between 90-110". 8 Original) The mitral annuloplasty ring of claim 7, wherein the bow has an angular extent of about 100°. 15 9. (Original) The mitral annuloplasty ring of claim 1, whefein in atrial plan view as seen along the flow axis the ring body has an anterior segment generally defined between an anterolateral trigone and a posteromedial trigone, and a posterior portion around the remaining periphery of the ring body and between the trigones, the posterior portion being divided into three sequential segments, Py, Ps, and Ps, starting from the anterolateral trigone and continuing in a 20 counterclockwise direction, and wherein the bow in the posterior portion is wholly within the middle segment P; of the posterior portion of the ring. 10. (Original) The mitral annuloplasty ring of claim 1, wherein in atrial plan view as seen along the flow axis the ring body has an anterior segment generally defined between an 25 anterolateral trigone and a posteromedial trigone, and a posterior portion around the remaining periphery of the ring body and between the trigones, the posterior portion being divided into three sequential segments, Pi, Pz, and Ps, starting from the anterolateral trigone and continuing in a ‘counterclockwise direction, and wherein the bow in the posterior portion is within the middle 3 PAGE 4/14* RCVD AT 50/2007 4:56:59 Pi Easter Daylight Time]* SVR:USPTO-EFXRF-31 * DNIS:2738900* CSID:8052013006 * DURATION (mss)05-1406/03/2007 13:88 FAX 8052013008 GUY CUMBERBATCH Boos 10 15 20 25 Serial No.: 10/834,556 Docket No.: ECV-5785. ‘Amendment dated May 3, 2007 Responsive to the Office Action dated March 2, 2007 segment P, and at least one other segment P, or Ps of the posterior portion of the ring. 11. (Currently amended) A mitral annuloplasty ring, comprising a ring body made of a ‘material that will substantially resist distortion when subjected to the stress imparted theroon after ‘implantation in the mitral valve annulus of an operating human heart, the ring body defining: a rounded ring body having an anterior segment and a posterior portion, wherein the ring body is oriented about a central flow axis, the flow axis defining ‘an upward direction and a downward direction, the downward direction corresponding to the direction of blood flow through the mitral valve annulus, wherein in atrial plan view as n_ along the flow axis the ris ii defin an later trigone and _a_posteromedial trigone, and the posterior portion extends around the divided into three sequential segments, Pi), P2 and Py, starting from the anterolateral trigone and continuing in a counterclockwise direction; and, wherein in the posterior postion the ring body bows; upward out of a plane perpendicular to the central flow axis and wholly within the middle segment P, of the posterior portion of the ring, and also has a radially outward curve more pronounced than adjacent sections. 12, (Original) The mitral annuloplasty ring of claim 11, wherein an axial height h of the upward bow exceeds about 3 ram. 13. Original) The mitral annuloplasty ring of claim 12, wherein the axial height h of the upward bow is between about 3-10 mm. 14. Original) The mitral annuloplasty ring of claim 12, wherein in atrial plan view as seen along the flow axis the ring body has a major axis perpendicular to a minor axis, the major and minor axes being perpendicular to the flow axis, and wherein the ring body has a minor-major 4 “59 Pl [Easter Daylight Time] * SVR:USPTO-EFARFA2M * DNIS:2738900 * CSI0:8052013006* DURATION (mim-ss}. 05-14