US 11351357

Here's a concise summary of US Patent 11351357:

US Patent 11351357: Device to assist the performance of a heart

• Title: Device to assist the performance of a heart
• Assignee: Miracor Medical SA Belgium
• Inventor: Werner Mohl
• Filing Date: December 27, 2021
• Issue Date: June 7, 2022
• Abstract: The patent describes a method and device to assist heart performance using a rotary pump driven by magneto coupling. The pump features a magnetically driven rotor that rotates within a surrounding housing, acting on blood from an inflow tube. A second magnetic device, axially aligned and separated by a wall of the rotor housing, magnetically drives the rotor via a magneto coupling.

Plain-Language Overview of Independent Claims:

• Claim 1: This claim describes a system designed to help the heart circulate blood. It includes a pump device that can be delivered to the heart. This pump has an inflow tube for blood and a magnetically driven rotor. The rotor spins inside a surrounding housing, and it's connected to a first magnetic component. Both the rotor and this first magnetic component float freely within the housing, without touching it, during operation. A separate magnetic drive system, located outside the immediate blood path but inside the catheter, uses a second magnetic component to wirelessly spin the first magnetic component and thus the rotor through magnetic forces (a "magneto coupling"). Blood is pumped out through an outflow port that is positioned to direct blood flow largely perpendicular to the incoming blood flow. The magnetic coupling ensures the rotor remains suspended by the blood flowing around it, maintaining the non-contact operation. An external control unit manages the second magnetic device to control the pump's action.

Litigation Status:

As of April 26, 2026, the patent family for US11351357 is involved in litigation.

• There is a US case filed in the Illinois Northern District Court (case number 1:23-cv-16257).
• A PTAB (Patent Trial and Appeal Board) case, IPR2025-00112, has been filed and is currently pending and instituted. The petitioners in this IPR are ABBOTT LABORATORIES and THORATEC LLC, with an effective date of November 26, 2024.

The patent family for US11351357 is currently involved in litigation, as detailed below:

• Case 1:

  • Jurisdiction: Illinois Northern District Court
  • Case Number: 1:23-cv-16257
  • Plaintiff(s): Not specified in the provided information.
  • Defendant(s): Not specified in the provided information.
  • Filing Date: Not specified in the provided information.
  • Outcome/Status: Ongoing litigation.

• Case 2 (PTAB Inter Partes Review):

  • Jurisdiction: Patent Trial and Appeal Board (PTAB)
  • Case Number: IPR2025-00112
  • Plaintiff(s) (Petitioner): ABBOTT LABORATORIES and THORATEC LLC
  • Defendant(s): Not specified in the provided information, but would typically be the patent owner, Miracor Medical SA Belgium.
  • Filing Date: January 7, 2025
  • Outcome/Status: Pending - Instituted. The effective date for this IPR is November 26, 2024.

Proceedings overview

One inter partes review (IPR) proceeding has been instituted on US Patent 11351357, and it is currently pending. The proceeding, IPR2025-00112, challenges the patent's validity and is in the post-institution phase, awaiting a Final Written Decision. This means the patent's claims are actively being reviewed for patentability, and the defensive posture for a defendant is that the claims are currently under challenge at the PTAB.

IPR2025-00112 — Abbott Laboratories et al. v. Miracor Medical SA

• Type: Inter Partes Review
• Filed: 2024-11-26
• Status: Pending - Instituted. This indicates that the Patent Trial and Appeal Board (PTAB) has decided to initiate a review of the challenged claims but has not yet issued a final decision on their patentability. The institution date was June 9, 2025.
• Judge panel: James A. Tartal is listed as a panel judge for this proceeding. Information on the full panel members is not publicly available through general web search results without accessing the official PTAB docket for the case.
• Petition grounds: Specific details regarding the claims challenged, the prior art references used, and the statutory bases (§ 102 for anticipation / § 103 for obviousness) are not publicly available in general web search results. This information would typically be found in the filed petition and the institution decision.
• Institution decision: The petition was instituted on June 9, 2025. The specific reasoning for institution is not publicly detailed in general web search results; however, the PTAB institutes a review if the petitioner demonstrates a reasonable likelihood that at least one challenged claim is unpatentable.
• Final Written Decision (if issued): Not yet issued. The PTAB has a statutory deadline to issue a Final Written Decision within one year of institution, meaning a decision is anticipated around June 9, 2026.
• Settlement / termination: No public information indicates a settlement or termination at this stage.
• Appeal: Not applicable, as a Final Written Decision has not yet been issued.
• Defensive value: This active IPR proceeding creates significant uncertainty regarding the validity of the challenged claims of US11351357. If a defendant is facing assertions based on these claims, the IPR provides a potential avenue for invalidation, which could weaken or eliminate the patent owner's infringement arguments. The outcome of this IPR will be crucial for any defensive strategy.

Strategic summary

US Patent 11351357 is currently the subject of an active Inter Partes Review, IPR2025-00112, initiated by Abbott Laboratories et al. against Miracor Medical SA. This proceeding, instituted on June 9, 2025, is still in progress, and a Final Written Decision has not yet been issued. Therefore, it is not possible to definitively state which claims are CANCELED vs. SUSTAINED vs. UNTESTED. All claims challenged in the petition are currently under review by the PTAB.

Regarding the estoppel landscape, if the PTAB ultimately issues a Final Written Decision, 35 U.S.C. § 315(e)(2) would bar Abbott Laboratories (and any privy) from asserting in any other proceeding that a claim found patentable in the FWD is invalid on any ground that the petitioner raised or reasonably could have raised during the IPR. Conversely, if claims are canceled, they cannot be asserted in litigation. The specific prior-art grounds available to a defendant facing assertion of this patent today depend on the grounds raised in IPR2025-00112 and its eventual outcome. As of the current date, the details of the petition grounds are not publicly available through general web searches. Unified Patents is listed as an information source, indicating it tracks this IPR, which sometimes suggests a defensive aggregator's involvement.

Recommended next steps

For a defendant currently being asserted against, it is critical to monitor IPR2025-00112 closely. The PTAB's statutory deadline for issuing a Final Written Decision is one year from institution, which means a decision is anticipated around June 9, 2026. Given this timeframe, the decision could be imminent. Accessing the full petition and the institution decision for IPR2025-00112 via the USPTO PTAB E2E system is essential to understand precisely which claims are challenged, the specific prior art asserted, and the PTAB's reasoning for institution. This information will inform any potential defensive strategies and assess the patent's vulnerability.

Inventors

• Werner Mohl (Miracor Medical SA Belgium)

Original assignee

Miracor Medical SA Belgium is the original assignee. Miracor Medical SA develops and commercializes therapies for the treatment of cardiac diseases. Their primary line of business appears to be focused on medical devices for cardiac care, specifically aimed at improving outcomes for heart attack patients. The company is currently operating.

Assignment timeline

• 2009-07-30 (executed) / recorded 2021-12-28 — Reel 058489/0644

  • Conveyance: Assignment
  • Assignor: MOHL, WERNER
  • Assignee: MIRACOR MEDICAL SYSTEMS GMBH
  • Correspondent: GREGORY A. CLIMINEC, GREGORY A. CLIMINEC, P.A., 5510 NORTH CAUSEWAY BOULEVARD, METAIRIE, LA 70003. This correspondent appears multiple times in this chain.
  • Context: Internal reorg (transfer from inventor to company)

• 2018-03-07 (executed) / recorded 2021-12-28 — Reel 058489/0665

  • Conveyance: Assignment
  • Assignor: MIRACOR MEDICAL SYSTEMS GMBH
  • Assignee: MIRACOR MEDICAL SA, BELGIUM
  • Correspondent: GREGORY A. CLIMINEC, GREGORY A. CLIMINEC, P.A., 5510 NORTH CAUSEWAY BOULEVARD, METAIRIE, LA 70003. This correspondent appears multiple times in this chain.
  • Context: Internal reorg

Timeline diagram

timeline
    title Ownership of US 11351357
    2007 : Priority date
    2008 : PCT filed
    2009 : Inventor to Miracor Medical Systems GmbH
    2012 : US patent issued (8,255,050)
    2018 : Miracor Systems to Miracor Medical SA
    2021 : Continuation filed
    2022 : Patent issued (11,351,357)
    2023 : First infringement suit filed
    2024 : PTAB case IPR2025-00112 filed

NPE / troll-pattern signals

1. Shell-entity transfer — not present. The assignees, Miracor Medical Systems GMBH and Miracor Medical SA, appear to be operating companies involved in medical devices, not shell entities.
2. Known asserter in the chain — not present. None of the named assignees (Mohl, Miracor Medical Systems GMBH, Miracor Medical SA) match known NPE lists.
3. Repeat correspondent across the chain — present. GREGORY A. CLIMINEC of GREGORY A. CLIMINEC, P.A. is listed as the correspondent for both recorded assignments (Reel 058489/0644 and Reel 058489/0665).
4. Cascading transfers — not present. There are only two recorded assignments, executed in 2009 and 2018, and recorded simultaneously in 2021, which does not indicate cascading transfers in a short period.
5. Pre-litigation transfer — not present. The most recent assignment to Miracor Medical SA was executed in 2018 and recorded in 2021, while the first infringement suit was filed in 2023.
6. Bankruptcy fire-sale — unclear. There is no information in the provided patent text or associated legal events to indicate bankruptcy proceedings for any of the assignors.
7. Privateering — unclear. There is no information in the provided patent text or associated legal events to suggest privateering.
8. Defensive aggregator (anti-NPE) — not present. The chain does not end at a known defensive aggregator.

Verdict

Insufficient data (no records, or only the original assignment). While a repeat correspondent is noted, there's no strong evidence of shell entity transfers or other typical NPE signals in the provided assignment records. The current assignee, Miracor Medical SA, appears to be an operating company.

USPTO Assignment Center search page: https://assignmentcenter.uspto.gov/

The most relevant prior art for US Patent 11351357, based on the patent's own citations, is provided below. This analysis focuses on the prior art explicitly cited by the patent itself, as this indicates what the examiner and applicant considered during prosecution.

Prior Art Citations for US Patent 11351357

US Patent 11351357 cites numerous prior art documents. The key prior art documents and their potential anticipation of claims are detailed below:

1. WO 01/70300 A1 (Heinrich Schima)

• Full Citation: WO2001070300A1 - Rotary pump comprising a hydraulically mounted rotor
• Publication/Filing Date: Publication date: 2001-09-27. Priority date: 2000-03-24.
• Brief Description: This patent describes a rotary pump for conveying blood and other shear-sensitive fluids, featuring a hydraulically mounted rotor. The description in US11351357 notes that this rotary pump is an external electromagnetically driven pump, not directly suitable for incorporation into a catheter, and assumes centrifugal flow components against a housing for non-contact mounting and stabilizing the rotor.
• Potential Anticipated Claims: This prior art is generally relevant to the concept of a rotary pump with a non-contact rotor for sensitive fluids. The current patent distinguishes itself by adapting such a pump for intravasal use within a catheter and utilizing a magneto coupling for driving, which addresses the limitations of a closed housing at the distal end of a catheter. Specific claims related to the magnetically driven rotor (Claim 1), guide surfaces for centrifugal flow components (Claim 2), and the non-contact operation might be broadly informed by this prior art, though the specific implementation within a catheter and the magneto coupling are presented as inventive steps.

2. AT 407 960 B (Predecessor to the current patent family)

• Full Citation: While the exact AT 407 960 B is not directly provided in the "Patent Citations" section by its number, the description refers to "a development according to AT 407 960 B" in the context of a device for assisting the performance of a heart. It is mentioned as the basis for the invention's embodiment, relating to fluid being conveyed in blood vessels using a pump, with the quantity regulated by measurements from a heart ventricle catheter to determine cardiac output.
• Publication/Filing Date: The priority date for US11351357 is 2007-02-27, which is also the priority date listed for "AT A 306/2007" which is explicitly claimed benefit of. The description of the invention also mentions that the "embodiment to assist the performance of a heart according to the invention... proceeds from a development according to AT 407 960 B".
• Brief Description: The known device from AT 407 960 B comprised a heart ventricle catheter with sensors in the cardiac chamber to measure fluid volume per unit of time. These sensors connected to an evaluation circuit that assessed the ratio of diastolic to systolic volume per heartbeat or the discharge rate, and/or the deviation of conveyed volume from a defined rated value (e.g., calculated cardiac output). The generated signal then controlled an external pump to withdraw and recirculate fluid. The present invention aims to further develop this by dispensing with the external pump and systematically increasing pressure at specific locations.
• Potential Anticipated Claims: This prior art would likely anticipate aspects of the system that involve a heart assist pump device regulated as a function of measurement values from a heart ventricle catheter (Claim 1), and specifically the electronic control means using real-time patient data and blood flow data (Claim 11, 14, 15). The core advancement in US11351357 over AT 407 960 B lies in the type and location of the pump (intravasal rotary pump at the distal end of the catheter with magneto coupling) and eliminating the external pump, making the specific mechanical and magnetic features of Claim 1 distinct.

Other explicitly cited prior art documents in the "Patent Citations" section of US11351357 include:

• FR1187249A (1959-09-08): "Device for automatic regulation of hemodynamics applied to extra-corporeal heart-lungs". This is a very early reference related to external circulatory support.
• EP0075606A1 (1983-04-06): "System for extracorporeal circulation of blood". Another early reference on external circulatory systems.
• US4674518A (1987-06-23): "Method and apparatus for measuring ventricular volume". Relevant to the sensing aspect of the invention.
• EP0503839A2 (1992-09-16): "Method and apparatus for chronically monitoring the hemodynamic state of a patient using doppler ultrasound". Another reference for hemodynamic monitoring.
• US5308319A (1994-05-03): "Cardio assist system and insertion device therefor". This might show early catheter-based assist systems.
• US5449342A (1995-09-12): "Apparatus for assisting blood circulation".
• US5470208A (1995-11-28): "Fluid pump with magnetically levitated impeller". This is highly relevant as it describes a fluid pump with a magnetically levitated impeller, which directly relates to the non-contact, magnetically driven rotor aspects of Claim 1 and Claim 2.
• WO1997037698A1 (1997-10-16): "Intravascular blood pump". This patent introduces the concept of an intravascular blood pump, which is highly relevant to the basic "heart assist pump device deliverable to the heart" (Claim 1) and its intravasal nature (Claim 7).
• US6176848B1 (2001-01-23): "Intravascular blood pump". Similar to WO1997037698A1, this strengthens the prior art around intravascular blood pumps.
• US6155969A (2000-12-05): "Centrifugal pump for pumping blood and other shear-sensitive liquids". Relevant to the general type of pump and its interaction with blood.
• US5964694A (1999-10-12): "Method and apparatus for cardiac blood flow assistance".
• US6083260A (2000-07-04): "Reverse flow transport pump and organ stabilization apparatus including related methods".
• US6506146B1 (2003-01-14): "Apparatus for supporting heart performance". This patent by Werner Mohl (the same inventor) is highly relevant, likely demonstrating earlier work in heart support apparatus.
• EP1011753A1 (2000-06-28): "Heart assistance device". Also by Werner Mohl.
• WO1999015213A1 (1999-04-01): "Heart assistance device". Again, by Werner Mohl. These three Mohl patents (US6506146B1, EP1011753A1, WO1999015213A1) would be considered very strong prior art given the common inventor and subject matter. They likely cover the fundamental concept of a heart assistance device.
• US6007478A (1999-12-28): "Cannula having constant wall thickness with increasing distal flexibility and method of making". Relevant to the catheter structure.
• US6623475B1 (2003-09-23): "Blood pump without bearing". This directly relates to the "entirely spaced apart from the surrounding rotor housing by a gap" aspect of Claim 1, indicating non-contact operation.
• WO2000044417A1 (2000-08-03): "Impeller blood pump with ports sealed in retracted position".
• EP1034808A1 (2000-09-13): "A device for transventricular mechanical circulatory support".
• US20010039369A1 (2001-11-08): "Blood pump system".
• US6540658B1 (2003-04-01): "Left-right flow control algorithm in a two chamber cardiac prosthesis". Relevant to control aspects.
• US7699586B2 (2010-04-20): "Wide blade, axial flow pump". Relevant to the rotor design.
• US20080214888A1 (2008-09-04): "Organ Assist System and Method".
• US20110238172A1 (2011-09-29): "Blood pump".
• US9616157B2 (2017-04-11): "Blood pump". This is a later issued patent with an earlier priority date (2006-08-06), also on blood pumps, and could be very relevant depending on its specific claims.
• US8255050B2 (2012-08-28): "Catheter to assist the performance of a heart". This is a direct ancestor of the current patent, part of the same patent family, and will therefore be highly relevant as prior art against the claims of 11351357.

Many of these cited patents, particularly those by Werner Mohl, or those disclosing intravascular blood pumps, magnetically levitated impellers, or blood pumps without bearings, could potentially anticipate elements of Claim 1 related to the basic function of a heart assist pump, the intravasal nature, the magnetically driven rotor, and its non-contact operation. The novelty in Claim 1 of US11351357 would then hinge on the specific combination of these features, particularly the distinct axial alignment, spacing, and positioning of the first and second magnetic devices, and the resulting perpendicular blood outflow path, which allows the blood flow itself to space the rotor.

Obviousness Analysis of US11351357 under 35 U.S.C. § 103

To determine the obviousness of US11351357, we consider what would have been obvious to a "person having ordinary skill in the art" (PHOSITA) at the time of the invention (priority date: February 27, 2007). A PHOSITA is a hypothetical person with ordinary skill and knowledge in the relevant technical field, capable of understanding scientific and engineering principles, and able to combine teachings from multiple patents without being a genius or inventor. In this case, the art pertains to medical devices for cardiac assistance, particularly implantable blood pumps.

The invention as claimed in claim 1 of US11351357 describes a heart assist pump device with a magnetically driven rotor, a surrounding rotor housing, an inflow tube, a magneto coupling with a second magnetic device for driving the rotor, a blood outflow port, and an external control unit. A key feature is that the magnetically driven rotor and the first magnetic device are entirely spaced apart from the surrounding rotor housing by a gap during rotation, and the magneto coupling orients the magnetically driven rotor so that it is spaced apart from the surrounding rotor housing by the blood flowing in the gap.

Combination of Prior Art References

We will analyze the obviousness of claim 1 by considering combinations of the identified prior art references.

Reference 1: AT 407 960 B (Heart assist device with external pump and catheter-based sensing)

AT 407 960 B describes a device for assisting heart performance where fluid is removed from blood vessels via an external pump and returned via a return catheter. The quantity of fluid is regulated based on measurements from a heart ventricle catheter, which determines cardiac output. The key takeaway from this reference is the concept of a heart assist system with a catheter for sensing cardiac output and an external pump that can be regulated based on these measurements. The patent US11351357 explicitly states that its invention "aims to further develop this known device to the effect that an external pump can be dispensed with and, at the same time, the desired pressure increase can be brought into effect systematically at particular locations."

Reference 2: WO 01/70300 A1 (Rotary pump with hydraulically mounted rotor)

WO 01/70300 A1 describes a rotary pump for conveying blood and other highly sensitive fluids, featuring a hydraulically mounted rotor. The patent text of US11351357 acknowledges WO 01/70300 A1, stating, "The rotor itself can follow design principles such as described for example in WO 01/70300 A1." It further clarifies that the rotary pump shown in WO 01/70300 A1 is an "external electromagnetically driven pump which is not directly suitable for incorporation into a catheter" and assumes "centrifugal flow components and flow components directed against a housing are present, in which the flow components directed against the housing serve primarily for the non-contact mounting and stabilizing of the rotor in the housing."

Combination 1: AT 407 960 B in view of WO 01/70300 A1

A PHOSITA, faced with the external pump limitation of AT 407 960 B and the desire to integrate pumping more directly within a catheter for localized and minimally invasive assistance, would consider existing pump technologies. WO 01/70300 A1 provides a rotary pump design suitable for blood, featuring a hydraulically mounted rotor and non-contact operation due to flow components directed against a housing.

The motivation to combine these would stem from the recognized need to overcome the limitations of external pumps for heart assistance and achieve more targeted and less invasive circulatory support. AT 407 960 B explicitly discusses the need for adapted compensation and continuous restitution of heart function, which conventional external heart-lung machines do not systematically address. Integrating an intravascular pump directly into a catheter, as proposed by US11351357, would be a logical step for a PHOSITA seeking to improve upon AT 407 960 B.

While WO 01/70300 A1 describes an external electromagnetically driven pump, the core concept of a rotor with non-contact mounting and stabilization via fluid flow is relevant. A PHOSITA would seek to adapt such a pump for intravascular use. The challenge noted in US11351357, that "a closed housing can not be readily realised with regard to flow technology, because such housing walls must in fact lie at a precisely defined distance from the rotor, which, however, is not readily guaranteed at the distal end of a catheter," highlights a design obstacle, but not an insurmountable one for a PHOSITA.

The patent US11351357's solution involves a magneto coupling and a hydraulically or pneumatically operated paddle wheel inside the catheter to drive the external rotor. This specific driving mechanism, and the "entirely spaced apart" and "orients the magnetically driven rotor so that... spaced apart... by the blood flowing in the gap" features, represent a non-obvious leap from the basic concepts of AT 407 960 B and the general rotor design of WO 01/70300 A1. The latter emphasizes non-contact mounting due to "flow components directed against a housing" (implying a contained fluid for mounting), whereas US11351357 specifies the blood flowing in the gap for spacing.

However, the general concept of a rotary pump driven by magnetic coupling is known in prior art, such as fluid pumps with magnetically levitated impellers (US5470208A). Rotary pumps in general are also known to use a rotor and operate by trapping a fixed volume of fluid between rotating elements and a stationary casing.

To directly address the specific features of Claim 1 of US11351357, particularly the "magnetically driven rotor axially aligned with the inflow tube and being rotatable within a surrounding rotor housing to act upon blood flowing from the inflow tube toward the magnetically driven rotor, the magnetically driven rotor being rotatable about a central axis and being rigidly coupled to a first magnetic device that is located within the surrounding rotor housing, wherein both the magnetically driven rotor and first magnetic device are entirely spaced apart from the surrounding rotor housing by a gap during rotation of the magnetically driven rotor; a magnetic drive system comprising a second magnetic device axially aligned with the central axis of the magnetically driven rotor and spaced apart from the magnetically driven rotor such that a wall of the surrounding rotor housing is positioned between the magnetically driven rotor and the second magnetic device, the second magnetic device positioned axially closer to the first magnetic device than to the magnetically driven rotor so as to provide a magneto coupling with the first magnetic device to drive rotation of the magnetically driven rotor; a blood outflow port positioned radially adjacent the magnetically driven rotor such such that blood driven by the magnetically driven rotor is configured to exit the surrounding rotor housing in a direction substantially perpendicular from the blood inflow path and the central axis of the magnetically driven rotor, wherein the magneto coupling orients the magnetically driven rotor so that, in response to rotation of the magnetically driven rotor, the magnetically driven rotor is spaced apart from the surrounding rotor housing by the blood flowing in the gap and to the blood outflow port; and an external control unit configured to regulate operation of the second magnetic device, the external control unit connectable to the heart assist pump device for controlling the second magnetic device to thereby magnetically drive the rotation of the magnetically driven rotor via the magneto coupling with the first magnetic device", a more direct combination would be needed.

The notion of a magnetic coupling to drive a rotor is present in general rotary pump technology. For example, US5470208A describes a fluid pump with a magnetically levitated impeller. While this specific reference might not teach the entire configuration, it establishes the concept of magnetic levitation for non-contact operation in a fluid pump.

The idea of a heart assist device with a pump located at the distal end of a catheter and driven by a magneto coupling is directly taught by the "embodiment to assist the performance of a heart according to the invention" section in US11351357, which states: "the pump is formed as an intravasal rotary pump at the periphery or at the distal end of the catheter, the rotor of which, lying on the outside, is connected via a magneto coupling with the drive which is arranged inside the catheter." This also clearly states that the drive wheel is hydraulically or pneumatically operated. This describes substantially all the elements of claim 1. Since this information is contained within the patent itself and is not presented as prior art, it cannot be used to determine obviousness unless it was part of the "known device" that the invention aimed to further develop.

The specification of US11351357 references AT 407 960 B as the "known device" that the invention aims to improve upon. AT 407 960 B, as described in the summary, uses an external pump. Therefore, the core innovation of an intravasal rotary pump with magneto coupling for heart assistance, as claimed in US11351357, is presented as a departure from AT 407 960 B.

Consideration of Obviousness for Claim 1 (as described in the Summary):

The core of Claim 1 lies in the intravasal rotary pump with a magnetically driven rotor that is entirely spaced apart from the surrounding rotor housing by a gap during rotation, with the magneto coupling orienting the rotor by the blood flowing in the gap, and driven by a magnetic drive system with a second magnetic device positioned such that a wall of the surrounding rotor housing is between the magnetically driven rotor and the second magnetic device, all controlled by an external control unit.

The patent itself describes its primary objective as further developing the known device of AT 407 960 B to "dispense with an external pump" and "bring into effect systematically at particular locations" the desired pressure increase. The proposed solution for this is explicitly an "intravasal rotary pump at the periphery or at the distal end of the catheter, the rotor of which, lying on the outside, is connected via a magneto coupling with the drive which is arranged inside the catheter."

Therefore, a PHOSITA starting with AT 407 960 B, and motivated to make the pump internal to the catheter, would be looking for an appropriate internal pump technology. The general concept of magnetically driven pumps is known (e.g., US5470208A mentioning magnetically levitated impellers). However, simply having a magnetically driven pump is not enough. The specific details of Claim 1, particularly the spatial relationship between the first and second magnetic devices, the spacing of the rotor by the blood flow itself, and the radial outflow port, must be present or obvious.

The statement in US11351357 that "a completely impervious separate on of the rotor from the drive wheel is achieved by the magneto coupling which is provided according to the invention, which eliminates axial passages between the drive wheel and the rotor lying distally on the outside," combined with the drive wheel being "a hydraulically or pneumatically operated paddle wheel," describes aspects of the claimed invention.

The crucial aspect for obviousness is whether a PHOSITA would be motivated to combine the elements and arrive at the specific configuration and functional relationship defined in Claim 1.

The specific "entirely spaced apart... by a gap during rotation" and the "magneto coupling orients the magnetically driven rotor so that... spaced apart... by the blood flowing in the gap" are distinguishing features. While WO 01/70300 A1 discusses non-contact mounting by flow components, it refers to flow components directed against a housing for stabilization, not explicitly the blood flowing in the gap maintaining the spacing in the context of an intravascular device with radial outflow and specific magnetic coupling arrangement.

Conclusion on Obviousness:

Given the information provided, it is not immediately obvious to identify a combination of the cited prior art references that would render all limitations of Claim 1 of US11351357 obvious to a PHOSITA at the time of the invention. While individual elements like rotary pumps, magnetic couplings, and catheter-based heart assist devices existed, the specific combination and the resulting technical effect of the "magneto coupling orients the magnetically driven rotor so that, in response to rotation of the magnetically driven rotor, the magnetically driven rotor is spaced apart from the surrounding rotor housing by the blood flowing in the gap and to the blood outflow port" and the precise configuration of the magnetic drive system in relation to the rotor housing, are not explicitly taught or clearly suggested by the given prior art.

A PHOSITA would be motivated to miniaturize and internalize the pump for improved treatment as noted by the patent itself (moving from external pump in AT 407 960 B to an intravascular pump). However, the specific structural and functional solution in Claim 1, particularly the self-centering/spacing aspect provided by the blood flow itself due to the magneto coupling, and the radial outflow, would likely require inventive ingenuity beyond the ordinary skill in the art based solely on the provided prior art.

To conclusively determine obviousness, a deeper analysis of the detailed disclosures of WO 01/70300 A1 and AT 407 960 B, and potentially other prior art concerning intravascular pumps, magnetic bearings, and blood flow dynamics in small devices, would be necessary. Without these specifics, and based solely on the summaries provided, Claim 1 presents a non-obvious combination of elements for its time.