UNITED ST ATES p ATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`NOTICE OF ALLOWANCE AND FEE(S) DUE
`
`02/1412005
`490
`7590
`VIDAS, ARRETT & STEINKRAUS, P.A.
`6109 BLUE CIRCLE DRIVE
`SUITE 2000
`MINNETONKA, MN 55343-918S
`
`EXAMINER
`
`nMENEZ, MARC QUEMUEL
`
`ARTUNIT
`
`3726
`
`PAPER NUMBER
`
`DATE MAILED: 02/14/2005
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`10/444,807
`
`05/23/2003
`
`Michael Austin
`
`S63.2-7405-US03
`
`8997
`
`TITLE OF INVENTION: APPARATUS FOR CONTRACTING, LOADING OR CRIMPING SELF-EXPANDING AND BALLOON EXPANDABLE STENT DEVICES
`
`APPLN.TYPE
`
`nonprovisional
`
`SMALL ENTITY
`
`NO
`
`ISSUE FEE
`
`$1400
`
`PUBLICATION FEE
`
`TOTAL FEE(S) DUE
`
`$300
`
`$1700
`
`DATE DUE
`
`05/16/2005
`
`THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAMINED AND IS ALLOWED FOR ISSUANCE AS A PATENT.
`PROSECUTION QN Ill.E MERITS IS CLOSED. THIS NOTICE OF ALLOWANCE 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.
`
`THE ISSUE FEE AND PUBLICATION FEE (IF REQUIRED) MUST BE PAID WITHIN THREE MONTHS FROM THE
`111.lS.
`MAILING DATE OF THIS NOTICE OR THIS APPLICATION SHALL BE REGARDED AS ABANDONED.
`STATUTORY PERIOD CANNOT Jlli. EXTENDED.
`SEE 35 U.S.C. 151. THE ISSUE FEE DUE INDICATED ABOVE
`REFLECTS A CREDIT FOR ANY PREVIOUSLY PAID ISSUE FEE APPLIED IN THIS APPLICATION. THE PTOL-85B (OR
`AN EQUIVALENT) MUST BE RETURNED WITHIN THIS PERIOD EVEN IF NO FEE IS DUE OR THE APPLICATION WILL
`BE REGARDED AS ABANDONED.
`
`HOW TO REPLY TO THIS NOTICE:
`
`I. Review the SMALL ENTITY status shown above.
`
`If the SMALL ENTITY is shown as YES, verify your current
`SMALL ENTITY status:
`
`A. If the status is the same, pay the TOTAL FEE(S) DUE shown
`above.
`B. If the status above is to be removed, check box Sb on Part B -
`Fee(s) Transmittal and pay the PUBLICATION FEE (if required)
`and twice the amount of the ISSUE FEE shown above, or
`
`If the SMALL ENTITY is shown as NO:
`
`A. Pay TOT AL FEE(S) DUE shown above, or
`
`B. If applicant claimed SMALL ENTITY status before, or is now
`claiming SMALL ENTITY status, check box Sa on Part B - Fee(s)
`Transmittal and pay the PUBLICATION FEE (if required) and 1/2
`the ISSUE FEE shown above.
`
`II. PART B - FEE(S) TRANSMITTAL should be completed and returned to the United States Patent and Trademark Office (USPTO) with
`your ISSUE FEE and PUBLICATION FEE (if required). Even if the fee(s) have already been paid, Part B - Fee(s) Transmittal should be
`completed and returned. If you are charging the fee(s) to your deposit account, section "4b" of Part B - Fee(s) Transmittal should be
`completed and an extra copy of the form should be submitted.
`
`III. 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.
`
`PTOL-85 (Rev. 12/04) Approved for use through 04/30/2007.
`
`Page 1 of 3
`
`Page 1 of 164
`
`EDWARDS LIFESCIENCES EX. 1202
`Edwards Lifesciences v. Boston Scientific Scimed
`U.S. Patent No. 6,915,560
`
`

`

`PART B - FEE(S) TRANSMITTAL
`Complete and send this form, together with applicable fee(s), to: M.!ill Mail Stop ISSUE FEE
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`or Eu
`(703) 746-4000
`rNSTRUCTIONS: This fonn should be used for transmitting the ISSUE FEE and PUBLICATION FEE (if required). Blocks I through 5 should be completed where
`appropriate. All further correspondence including the Patent, advance orders and notification of maintenance fees will be mailed to the current correspondence address as
`indicated unless corrected below or directed otherwise in Block I, by (a) specifying a new correspondence address; and/or (b) indicating a separate "FEE ADDRESS" for
`maintenance fee notifications.
`CUR.R.El'IT CORRESPONDENCE ADDRESS (Note: Use Block I for any change of a<k!I=)
`
`490
`02/14/2005
`7590
`VIDAS, ARRETT & STEINKRAUS, P.A.
`6109 BLUE CIRCLE DRIVE
`SUITE 2000
`MINNETONKA, MN 55343-9185
`
`Note: A certificate of mailing can only be used for domestic mailings of the
`Fee(s) Transmittal. This certificate cannot be used for any other accompanying
`paper:;. Each add.itional pape~, .such as an aJ!Signment or fonnal drawing, must
`have its own ceruficate of mailing or transm1Ss10n.
`
`Certificate of Malling or Transmission
`I hereby certify that this Fee(s) Transmittal is being deposited with the United
`States Postal S'ervice with sufficient postage for first class mail in an enveloP.e
`addressed to the Mail Stop ISSUE FEE address above, or being facsimile
`transmitted to the USPTO (703) 746-4000, on the date indicated befow.
`
`APPLICATION NO.
`
`10/444,807
`
`FILING DATE
`
`05/23/2003
`
`FIRST NAMED INVENTOR
`
`I ATTORNEY DOCKET NO. I CONFIRMATION NO.
`
`Michael Austin
`
`S63.2-7405-US03
`
`8997
`
`TITLE OF INVENTION: APPARATUS FOR CONTRACTrNG, LOADrNG OR CRIMPING SELF-EXPANDrNG AND BALLOON EXPANDABLE STENT DEVICES
`
`APPLN. TYPE
`
`SMALL ENTITY
`
`nonprovisional
`
`NO
`
`EXAMINER
`
`JIMENEZ, MARC QUEMUEL
`
`ISSUE FEE
`
`$1400
`
`ART UNIT
`
`3726
`
`PUBLICATION FEE
`
`TOTAL FEE(S) DUE
`
`$300
`
`$1700
`
`DATE DUE
`
`05/1612005
`
`CLASS-SUBCLASS
`
`072-402000
`
`I. Change of correspondence address or indication of "Fee Address" (37
`CPR 1.363).
`0 Change of correspondence address (or Change of Correspondence
`Address fonn PTO/SB/122) attached.
`0 "Fee Address" indication (or "Fee Address" Indication form
`PTO/SB/47; Rev 03-02 or more recent) attached. Use of a Customer
`Number Is required.
`
`2. For printing on the patent front page, list
`(I) the names of up to 3 registered patent attorneys
`or agents OR, alternatively,
`(2) the name of a single finn (having as a member a
`registered attorney or agent) and the names of up to
`2 registered patent attorneys or agents. If no name is
`listed, no name will be printed.
`
`2. ____ ______ __ _
`
`3
`· - - - - - - - - - - - - -
`
`3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRrNTED ON THE PATENT (print or type)
`PLEASE NOTE: Unless an assignee is identified below, no assignee data will appear on the patent. If an assignee is identified below, the document has been filed for
`recordation as set forth in 3 7 CPR 3.11. Completion of this fonn is NOT a substitute for filing an assignment.
`
`(A) NAME OF ASSIGNEE
`
`(B) RESIDENCE: (CITY and STATE OR COUNTRY)
`
`Please check the appropriate assignee category or categories (will not be printed on the patent) : 0 Individual 0 Corporation or other private group entity 0 Government
`4b. Payment of Fee(s):
`4a. The following fee(s) are enclosed:
`0 Issue Fee
`0 A check in the amount of the fee(s) is enclosed.
`0 Payment by credit card. Form PT0-2038 is attached.
`Q Publication Fee (No small entity discount pennitted)
`0 Advance Order - #of Copies
`0 The Director is hereby authorized by charge the required fee(s), or credit any overpayment, to
`Deposit Account Number
`(enclose an extra copy ofth1s fonn).
`
`5. Change in Entity Status (from status indicated above)
`0 b. Applicant is no longer claiming SMALL ENTITY status. See 37 CPR l.27(g)(2).
`Q a. Applicant claims SMALL ENTITY status. See 37 CPR 1.27.
`The Director of the USPTO is requested to apply the Issue Fee and Publication Fee (if any) or to re-apply any previously paid issue fee to the application identified above.
`NOTE: The Issue Fee and Publication Fee (if required) will not be accepted from anyone other than the apphcant; a registered attorney or agent; or the assignee or other party in
`interest as shown by the records of the United States Patent and Trademark Office.
`
`Authorized Signature ______ __ ___ __ __ ____ _
`
`Date ___ _ _ _____ _ _ ___ _
`
`Typed or printed name __ _____________ ____ _
`
`Registration N o . - - - - - - - - - - - - -
`
`This collection of infonnation is required by 37 CFR 1.311. The infonnation is required to obtain or retain a benefit by the public which is to file (and by the USPTO to process)
`an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CPR 1.14. This collection is estimated to take 12 minutes to complete, including gathering, prepanng, and
`submitting the completed apJllicatton fonn to the USPTO. Time will vary depending upon the individual case. Any comments on the amount of time you reguire to complete
`this fonn and/or suggestions for reducing this burden, should be sent to the Chief lnfonnation Officer, U.S. Patent and Trademark Office, U.S. Department of Commerce, P.O.
`Box 1450, Alexandria, Virginia 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents, P.O. Box 1450,
`Alexandria, Virginia 22313-1450.
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number.
`
`PTOL-85 (Rev. 12/04) Approved for use through 04/30/2007.
`
`OMB 0651-0033 U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`
`Page 2 of 164
`
`

`

`UNITED ST ATES p ATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313·1450
`www.uspto.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`10/444,807
`
`05/23/2003
`
`Michael Austin
`
`S63.2-7405-US03
`
`8997
`
`02/14/2005
`7590
`490
`VIDAS, ARRETT & STEINKRAUS, P.A.
`6109 BLUE CIRCLE DRIVE
`SUITE2000
`MINNETONKA, MN 55343-9185
`
`EXAMINER
`
`nMENEZ, MARC QUEMUEL
`
`ART UNIT
`
`3726
`
`PAPER NUMBER
`
`DATE MAILED: 02/14/2005
`
`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 0 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 0 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 (703) 305-8283.
`
`PTOL-85 (Rev. 12/04) Approved for use through 04/30/2007.
`
`Page 3 of 3
`
`Page 3 of 164
`
`

`

`Notice of Al/owability
`
`Application No.
`
`10/444,807
`Examiner
`
`{"\.Ah
`Applicant(s)
`AUSTIN, MICHAEL v~
`Art Unit
`
`Marc Jimenez
`
`3726
`
`-- The MAILING DATE of this communication appears on the cover sheet with the correspondence address-(cid:173)
`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 will be 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. [81 This communication is responsive to the amendment filed on 1!1105.
`
`2. [81 The allowed claim(s) is/are 27-64.66 and 67.
`
`3. [81 The drawings filed on 23 Mav 2003 are accepted by the Examiner.
`4. 0 Acknowledgment is made of a claim for to.reign priority under 35 U.S.C. § 119(a)-(d) or (f).
`a) D All
`b) D Some*
`c) D None
`of the:
`1: D Certified copies of the priority documents have been received.
`2. D Certified copies of the priority documents have been received in Application No. __ .
`3. D Copies of the certified 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" of this communication to file 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.
`5. 0 A SUBSTITUTE OATH OR DECLARATION must be submitted. Note the attached EXAMINER'S AMENDMENT or NOTICE OF
`INFORMAL PATENT APPLICATION (PT0-152) which gives reason(s) why the oath or declaration is deficient.
`6. 0 CORRECTED DRAWINGS ( as "replacement sheets") must be submitted.
`(a) D including changes required by the Notice of Draftsperson's Patent Drawing Review ( PT0-948) attached
`1) D hereto or 2) D to Paper No./Mail Date __ .
`(b) D including changes required by the attached Examiner's Amendment I Comment or in the Office action of
`Paper No./Mail Date __ .
`Identifying indicia such as the application number (see 37 CFR 1.84(c)) should be written on the drawings in the front (not the back) of
`each sheet. Replacement sheet(s) should be labeled as such in the header according to 37 CFR 1.121 (d).
`7. 0 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. D Notice of References Cited (PT0-892)
`2. D Notice of Draftperson's Patent Drawing Review (PT0-948)
`3. D Information Disclosure Statements (PT0-1449 or PTO/SB/08),
`Paper No./Mail Date __
`4. D Examiner's Comment Regarding Requirement for Deposit
`of Biological Material
`
`5. D Notice of Informal Patent Application (PT0-152)
`6. D Interview Summary (PT0-413),
`Paper No./Mail Date __ .
`7. D Examiner's AmendmenVComment
`8. D Examiner's Statement of Reasons for Allowance
`9.00ther_. ~\\.
`Marc Jimene~
`Primary Examiner
`Art Unit 3726
`February 9, 2005
`
`U.S. Patent and Trademark Office
`PTOL-37 (Rev. 1-04)
`
`Notice of Allowability
`
`Part of Paper No./Mail Date 02092005
`
`Page 4 of 164
`
`

`

`_ _ 0_1_107105 14: 00 FAX 95256.33001
`
`___ VIDAS ARRETI STEINKRAUS
`
`~003
`
`)../
`
`Application No. 101444807
`Page2
`
`·Alnend·ments To The Claims:
`
`c1:iims 1-26. (Can~eled)
`
`Amendment
`Attorney Dodcet No. S63.2Q-7405-US03
`
`Ciaim.·27. (Currently Am6nded)
`A stent crimper comprising:
`a plurality of movable dies arranged to form an iris having a longitudinal axis, the iris
`defining an aperture ef a sabstantiaily regular flelyge:aaJ sBape, the dies disposed about the
`aperture and between stationary end-walls which are disposed about the longitudinal axis, at least
`
`. one:o~tlie stationary end-walls operatively engaged to the dies at distinct conn~tion locations
`
`· such' that tlurnutnber of distinct" connection locations and the number of dies are the same;
`·each "die havjug a first strroght side and a secon:d straight side, the first straight side and
`the second st'raight side converging to form a tip; wherein a portion of the first straight side of
`
`each clie faces the·apetture, each first straight side parallel to the second side of an adjacent die.
`
`Claim 28. (Prevjously presented)
`
`The stent crimper of claim 27 having a rotatable actuation
`
`device cbupled to·.the dies, rotation of the actuation device causing the dies to move inward and
`
`reduc·e the size of the aperture or outward so as to increase the size of the aperture.
`Claun 29. (Previously presented)
`ambient temperatiire.
`
`The stent crimper of claim 27 the dies are cooled below
`
`Clainr30. (Pievioµsly presented)
`
`The stent crimper of claim 29 including a stent within the
`
`aperture.
`Claim :31. (Previo~ly pres·ented)
`
`·rutinol.
`
`• ·I.
`
`The stent crimper of claim 30 wherein the stent is made of
`
`Claim 32. (Previously pre8ented)
`
`The stent crimper of claim 27 wherein at least 8 dies are
`
`provided.
`
`· Cfaim 33. (Prevfously presented)
`
`The stent crimper of claim 27 wherein at least 16 dies are
`
`provided.
`
`Clahn 34. (Previo.:usly presented)
`The stent crimper of claim 27 wherein the dies are moved
`cooperatively in~~ during the moving step.
`·c18.im 35. (Previot;isly presented)
`The stent crimper of claim 27 whe~ the dies ~e w~ge-
`shaped.
`
`PAGE 31101 RCVQ AT 117/20051:56:34 PM [Eastern Standard Time] t SVR:USPTO-EFXRF·1/4 t DNIS:8729306 * CSID:9525633001 t DURATION (mm-ss):03·24
`
`Page 5 of 164
`
`

`

`01/07105 14:00 FAX 9525633001
`
`__ V~I=D{\S ARRETI STEINKRAUS
`
`~004
`
`Application No~ 101444807
`Page3
`
`Amendment
`Attorney J)ocket No. S63.2Q~7405-US03
`
`A stent crimper comprising:
`
`Claim 36. (Previously presented)
`·.a plUtality of_m·ovable dies arranged to forro an iris, the dies disposed about an apertuTe,
`the a~erture. having a longitudinal axis and a substantially regular polygonal shap·e, each of the
`dies ha~ing ati'inward facing straight side which faces the longitudinal axis of the aperture, both
`when the dies move to maximize the aperture and when the dies move to minimize the aperture,
`
`the dies between two stationary end-walls disposed about the longitudinal axis, the longitudinal
`
`axis paSsing through a point substantially centered on the end-walls,
`
`a rotatable actuation device coupled to the clies, rotation of the actuation device causing
`
`the in-*ard facing straight sides of the dies to move inward ~d reduce the size of the aperture or
`
`outward so as to increase the size of the aperture.
`
`The stent crimper of claim 36 wherein a stent is disposed
`Claim 3 7. (Previously presented)
`about a med.ital ~alloon, the me.dical balloon disposed about a catheter.
`·cfaim 38. (Previci~sly presented)
`The stent crimper of claim 36 wherein a stent is cooled
`
`below mnbient temperature prior to reducing the size of the aperture.
`
`Claim 39. (Previously presented)
`
`The stent crimper of daim 37 having a stent, wherein the
`
`stent is made of nifinol.
`: Clai~ 40 .. (~revfoU.Sly presented)
`shaped.
`
`•
`
`I"•
`
`The stent crimper of claim 36 wherein the dies are wedge-
`
`Claim 41. (Previ01,1Sly presented)
`
`The stent crimper of claim 36 wherein at least 8 dies are
`
`provided..
`
`Clainr 42. (Previously presented)
`
`The stent crimper of claim 36 wherein at least 16 wedge-
`
`shaped clies.are·prdvided.
`· · :. _ Claim 43. (Previo~sly presented)
`disposed in: the aperture.
`
`The stent crimper of claim 36 wherein an entire stent is
`
`Claim 44. (Previously presented)
`
`A stelit crimper comprising:
`
`eight or more movable dies arranged to form an iris, the iris definjng an a--perture of a
`
`substantially regular polygonal shape, the aperture having a longitudinal axis, each die having an
`
`inward facing flat portion which faces the longitudinal axis of the aperture both when the dies
`
`inove to maximize the apertilre and when the dies move to minimize the aperture, the dies
`between stationary end walls and operatively engaged to at least one of the stationary end-walls,
`
`PAGE 4110 l RCVD AT 117/20051:56:34 PM [Eastern Standard Time) l SVR:USPTO-EFXRF·1/4lDNIS:8729306 1 CSID:9525633001 l DURATION (mm-ss):03·24
`
`Page 6 of 164
`
`

`

`01107105 14: 01 FAX 95_25!333001
`
`VIDAS ARRETT STEINKRAUS
`
`~005
`
`l
`
`I
`
`Application No. i0/444807
`Page4
`
`Amendment
`Attorney Docket No. S63.2Q-7405-US03
`
`the s~tio~ end-walls disposed about the longitudinal rucis,
`the iris.?o:ri:t.prising at least eight of the inward fa:cing flat portions, the aperture being
`
`reducible in size by moving the inward facing flat portions toward the longitudinal axis of the
`
`aperture,
`
`·
`
`a rotatable actuation device coupled to the dies, rotation of the actuation device causing
`
`the inward facing straight sides oftbe dies to move inward and reduce the size of the aperture or
`
`outward so as to increase the size of the aperture.
`
`Clarrn ·45. (Previously piesented)
`
`The stent crimper of claim 44 wherein a stent is disposed
`
`about a medical balloon, the medical balloon disposed about a catheter.
`
`Claim 46. (Previously presented)
`
`The stent crimper of claim 44 wherein the dies are cooled
`
`below ambient teiriperature.
`
`Claim 4 7. {Previ01,raly presented)
`
`The stent crimper of claim 46 including a stent in the
`
`aperture, wherein the stent is made ofnitinoL
`
`.
`
`Claim 48. (Previously presented)
`
`The stent crimper of claim 44 wherein the dies are· wedge-
`
`shaped.
`
`Claim 49. (Previo\:lsly presented)
`
`The stent crimper of claim 44 wherein at least 16 dies are
`
`provided.
`Claiin So. (Previously presented)
`
`The stent crimper of claim 44 wherein the dies are nioved
`
`co'Ciperatively inward during the moving step.
`
`Claim 51. (Previou.sly presented)
`
`The stent crimper of claim 44 wherein an entire stent is
`
`dispos·ed in the aperttire.
`
`Claim 52. (Ptevidusly presented)
`
`A stent crimper comprising:
`
`· an aperture with a plurality oflnovable blades disposed thereabout, the aperture haVing a
`
`longitudinal axis and being substantially polygonal, the blades between stationary end-walls
`
`substantially cent~red about the longitudinal axis, the blades coupled to one another so as to be
`
`movable inward ·or outward simultaneously, movement of the blades outward increasing the size
`
`of the aperture~ movement of the blades inward decreasing the size of the aperture, the aperture
`
`remaining substanµally regular polygonal when it is sized to receive a stent therein and when the
`
`blades :minimize the aperture.
`
`PAGE 5110 s RCVD AT 117120051 :56:34 PM [Eastern Standard Time] s SVR:USPTO.fFXRF·1/4 s DNIS:8729306 * CSID:9525633001 *DURATION (mm-ss):03·24
`
`Page 7 of 164
`
`

`

`01/07/05 14:01 ~~ 9525633001
`- - -
`
`VIDAS ARRETT STEINKRAUS
`
`~006
`
`· Application No. 1·01444807
`Pages
`
`Amendment
`Attomey Docket No. S63.2Q-7405-US03
`
`Claim 53. (Previously presented).
`actuation device coupled to the blades, rotation of the actuation device causing the blades 'to
`
`The stent crimper of claim 52 further comprising a rotatable
`
`I
`
`move inward or outward.
`Claim 54. (Previo~ly presented) A stent crimper comprising:
`an ap.ert~:With a plurality of movable bJades disposed thereabout, the aperture being
`· sub'stal'ltiilly polygonal. the blades corrpled to one another so as to be movable inward or outward ·
`
`simultanebusly, mhvement of the blades outward increasing the size of the aperture, movement
`a( the blades inward decrea8ing the size of the aperture, the aperture remaining substantially
`"
`regular polygonal when it is sized to receive a stent therein and when the bla:des minimize the
`aperlllte; ·
`a cryogenic sotirce, the cryogenic source in fluid communication with the stent crimper·sb
`
`as to cool the blades.
`
`The stent crimper of claim 57 including a stent, wherein the
`
`The. stent crimper of Claim 53 wherein the dies are wedge-
`
`The stent crimper of clajro 53 wherein at least 16 dies are
`
`Claim 55. (Previously presented) A stent cri.ulping assembly comprising a stent crimper as in
`. claini 46 and a loading device for loading a stent in the aperture.
`Claim S6. o/,reVious'iy presented)
`The stent crimper of claim 52 wherein a stent is disposed ·
`about a medical b"illoon, the medical balloon disposed about a catheter.
`· C,laitn 57. (Pfeviously presented)
`The stent crimper of claim 53 wherein the dies are cooled
`beJow ambient ten:i:Perature.
`dai:tn 58. (Previously presented)
`st~t is made of nitinoJ.
`~Cla:iiU 59. (i>reVioMly"presented)
`shai>-e'd. ·
`.Cli:ilib. :60. (Previo1:1sly presented)
`provided.
`Claim 61. (Pre~iokly presented)
`' .
`cooperatively inward during the moving step.
`
`'
`
`The stent crimper of claim 53 wherein the dies a:re moved
`
`Claim. 62. (Pre_vioilsly presented)
`disposed in the aperture.
`
`The stent crimper of claim 53 wherein an entire stent is
`
`Claim 63. (Currently Amended)
`
`A stent crimper comprising:
`
`a plurality 'of overlapping movable dies arranged to form an iris, the dies disposed about ·
`
`PAGE 6110 ~ RCVD AT 117/20051:56:34 PM [Eastern Standard TimeJ t SVR:USPTO-EFXRF-1/4 * DNIS:8729306 * CSID:9525633001 ! DURATION (mm-ss):03·24
`
`Page 8 of 164
`
`

`

`01/07105 14:01 F~ 9525633001
`
`VIDAS ARRETT STEINKRAUS
`
`~007
`
`Appllcation No. 101444807
`Page6
`
`Amendment
`Attorney Docket No. S63.2Q-7405-US03
`
`an aperture, the ai)erture having a longitudinal axis, the dies between stati~nary end-walls
`disposed about th~ longitudinal axis, the dies operatively engaged to at least one of the stationary
`
`end-walls~ .
`·ea:ch d~e having a fust straight side and a second straight side, the first straight side and
`
`the second straight sl.de converging to form a tip; wherein a portion of the first straight side of
`
`each die faces the aperture. each first straight side parallel to the second side of an adjacent die.
`
`Claim 64. (Cuirently Amended)
`
`A stent crimper comprising:
`
`a plurality of movable dies and a thermal cooling unit for cooling the dies. the pluralitv
`
`of movable dies arranged to fonn an iris disposed about an aperture, the aperture having a
`
`longitudinal axis, the plurality of movable dies between stationary end-walls substantially
`
`centered about the longitudinal axis, at least one stationary end-wall operatively engaged to the
`
`dies at distinct connection locations such that the number of distinct connection locations and the
`
`number of dies are the ·same, each die in communication with an actuation device, the actuation
`"device constructed and arranged such that rotational motion of the actuation deVice opens or
`closes the aperture.
`
`Clajm 65. (Canceled)
`
`· Claim 66. (Currently Amended)
`
`A stent crimper comprising:
`
`. a pltif<ility of movable dies arranged to form an iris disposed about an aperture, the
`aperture having a center and a first opening and a second opening, the dies constructed and
`ananged i:o have a length exceeding the length of a stent with a longitudinal axis passing through
`botb. the first opening and the second opening, each die in communication with an actu:ation
`
`device, the actuation device constructed and arranged such that rotational motion of the actuation
`
`device opens or Cfoses the aperture.;.
`each die having a first straight side and a seeond straight side. the first straight side and
`the second straigb.t side converging to form a tip; wherein a portion of the firnt straight side of
`
`each die faces the ·aoerture, each first straight side parallel to the second side of an adjacent die.
`
`Claim 67. (Currently Amended)
`
`A stent crimper comprising:
`
`a plurality of movable dies arranged to form an iris disposed about an aperture, the
`
`aperture having a longitudinal axis, the plurality of movable dies between stationary plates
`
`djsposed about the longitudinal axis, each die in communication w.ith an actuation device, the
`
`PAGE 7110 ~ RCVD AT 117/20051:56:34 PM [Eastern Standard Timej ~ SVR:USPTO-EFXRF·1/4 ~ DNIS:8729306 1 CSID:9525633001 ~DURATION (mm-ss):03·24
`
`Page 9 of 164
`
`

`

`01/07/05 14:02 FAX 9525633001
`
`VI~AS ~11; STEINKRAUS
`
`~008
`
`-Application No. 1"01444807
`Pa.ge·7
`
`Amendment ·
`Attorney Docket No. S63.2Q-7405-US03
`
`actuation devi~e c6nstructed and arranged such that rotational motion of the actuation device
`.
`.
`opens or closes the aperture, the dies operatively engaged to at least one of the stationary plates;
`
`each die having a first straight side and a· second straight side. the first straight side and
`
`the second straigh~ ·side converging to fonn a tip: wherein a portion of the first straight side of
`eacb_die faces the aperture. each first straight side parallel to the second side of an adjacent die.
`
`PAGE 8110 3 RCYD AT 117/20051:56:34 PM [Eastern Standard TimeJ 3 SVR:USPTO-EFXRF·114 3 DNIS:8729306 3 CSID:9525633001 3 DURATION (mm-ss):03·24
`
`Page 10 of 164
`
`

`

`01/07/05 14:0? FAX 9525633001
`
`VIDAS ARRE'IT _STEINKRAUS
`
`~009
`
`Applit:atidn NiJ. 101444807
`Page8
`
`Amendment
`At.torney Docket No. S63.2Q-1405-US03.
`
`Remarks
`This AmeJ.idlnent is in response to the Final Office Action dated October 19,
`
`· . ·. '.20'04. In the Office Action claims 36-62 were allowed and claim 65 was found to contain
`
`. allo~able.subject matter. Claims 27, 28, 34, 35~ 63, 64, 66. and 67 were rejected under 35 USC
`
`· · i02(b) as being anticipated byWbiteselJ (5,261,263). Claims 29-33 were rejected nnder 35 USC
`l03(a) as heing unpatentable over Whitesell {5,261,263). Thes-e objections and rejections are
`addressed under heading5 consistent with the paragraph numbering of the Office Action. Claim
`
`65 has be·en canceled without prejudice or disclaimer_ Claims 27, 63, 64, 66, and 67 have been
`
`amendett No nevi matter has been added.
`
`3
`In the Office Action, claims 27, 28, 34, 35, 63, 64, 66, and 67 were rejected un·dei'
`
`35USC102(b) as being anticipated by Whitesell (5,261,263). Claims 27, 63, 66, and 67 have
`
`·been amended to ieeite "each die having a first straight s:ide and a second straight side, the first
`.
`straight side ·an:ci the secon:d straight side converging to form a tip; wherein a portion of the first
`straight side of ea.Ch. die fac·es the aperture, each first straight side parallel to the second side of an ·
`
`'
`
`adjacent die." Whitesefl does not teach this limitation. First, Whitesell teaches two straight sides
`
`tllat intersect a curved portio11 of the die. Furthennore, Whitesell does not teach each first
`
`straigh~ side,patallel to the-second side of an adjacent die, instead each first side is oblique to the
`second side. of an ·fillja:cent die. For at least these reasons, Applicant believes amended claim 27,
`63, 66; arid 67 are·in condition for allowance. Claims 34 and 35 are believed fo be in condition
`
`for allowance for at least the mason that they claim dependence on an allowable base claim.
`
`Cl~ 64 has been amended to include the allowable subject matter of claim 65
`
`and is be:iievi::d to i>·e in condition for allowance.
`
`I
`
`· Applicant respectfully requests ·that the anticipation rejection of claims 2 7, 28, 34,
`.,
`35, 63, 64, 66, anq 67 were rejected under 35 use 102(b) as being anticipated by Whitesell
`. . .
`!
`(5,261,263). be withdrawn-
`!
`1·
`i
`I
`I
`
`i .i I .
`I
`.
`.
`l .
`PAGE 9110 t RCVD AT 117120051 :56:34 PM [Eastern Standard Timej t SVR:USPTO-EFXRF·114 t DNIS:8729306 * CSID:95256330D1 *DURATION (mm-ss):03·24
`
`BEST AVAILABLE COPY
`
`Page 11 of 164
`
`

`

`01107105 14: 02 FAX 9525633,._,0=0_,,,_1 __ _
`_ .. _ ....
`
`VIDAS ARRETT STEINKRAUS
`
`~010
`
`Application No. J(J/444807
`Page9
`
`Amendment
`Attorney Docket No. S63.2Q-1405-US03
`
`5
`In the Final Office· Action, claims 29-33 were rejected under 35 use 103(a) as
`beiiig unpatentabie over Whitesell (5,261,263). Claim 27 has been amended to recite "each die
`
`haVing a first Straight side and a seeond straight sjde, the first straight side and the second straight
`
`side converging tn·form a tip; wherein a portion of the first straight side of each die faces the
`· · aperture, each firs~ straight sid~ parallel to the second side of an adjacent die." Whitesell does
`riot teach or suggest ~s limitation; thus claim 27 is believed to be in condition for allowance.
`
`Claims 29-33" are dependent upon independent" claim 27. For at least this reason claims 29-33 are
`
`believed to be in condition for allowance.
`
`Applicant respectfully requests that the 35 USC 103(a) rejection of claims 29-33
`
`as beitig unpatentable over Whltesell be withdrawn.
`
`In view of the foregoing it is beljeved that the present application, with pending
`
`ctaims 27-64 and 66-67, is in condition for allowance. Early action to that effect is earnestly
`
`CONCLUSION
`
`solfoited.
`
`Respectfully submitted,
`
`VIDAS, ARRETT & STEINKRAUS
`
`By: r£L fJ,J/
`
`Brendan C. Babcock
`Registration No.: 50705
`
`Date; Januruv 7. 2'CJ05
`
`6109 :Btu~ Circle _Drive, Suite. 2000
`·. Minnetonka, MN 55343-9185
`Telephone: (952) 563-3000
`Facsimile: {952) 563-3001
`f:\wpwork\bcb\07405us03:._amd_20050103.doc
`
`PAGE 10110 * RCVD AT 117120051:56:34 PM [Eastern standard Time]* SVR:USPTO·EFXRF·1/4 * DNIS:8729306 * CSID:9525633001 *DURATION (mm·ss):03·24
`BEST AVAILABLE COPY
`
`Page 12 of 164
`
`

`

`__ .0.1107 /05 14: 00 FAX 9~2563300.1 __ _
`
`VIDA~ ARRETI' STEINKRAUS
`
`~001
`
`·'
`
`RECEIVED
`CENTRAL FAX CENTER
`JAN 0 7 2005
`IN 'I'HE UNIT.ED STATES PA~T AND TRAnEMARK OFFICE
`
`PATENT
`
`Jn Re Application of: