DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
This office action is responsive to the amendment filed 30 September 2025.
Claims 21-23 are added.
Claims 2, 4, and 14-18 are canceled.
Claims 1, 3, 5, 7, 11, 13, 19, and 20 are amended.
Claims 3 and 5-13 are withdrawn.
Claims 1, 19, and 20-23 are presently pending in this application.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 19, 20, and 22 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Rychnovsky et al. (US Patent Publication No. 20040093044 A1), hereinafter Rychnovsky.
Regarding claim 1, Rychnovsky teaches a catheter (Rychnovsky: Fig. 1A, catheter 1), comprising: a main body (Fig. 1B, catheter shaft 2) having a long tubular shape (catheter shaft 2 is tubular; para. 0064); a window (Fig. 1A, light treatment zone 6) on a side of the main body (Fig. 1A, zone 6 encompasses sides of catheter shaft 2; para. 0066) and transmits light in a predetermined outward direction (light is transmitted orthogonal from axis of catheter; para. 0066); and a plurality of openings (Fig. 1A, infusion ports 5) on the side of the main body (Fig. 1A, infusion ports 5 located on sides of catheter shaft 2), the opening (Fig. 1A, infusion ports 5) being configured to release a fluid (para. 0064), wherein the plurality of openings (Fig. 1A, infusion ports 5) includes: a first opening (Fig. 12B, infusion port 5a) on a proximal side (Fig. 12B, infusion port 5a is positioned proximal to the light treatment zone 6) relative to the window (Fig. 12B, light treatment zone 6); and a third opening (Fig. 12A, infusion lumens 4b) arranged at a different position in a circumferential direction from a position where light is transmitted from the window (Fig. 12B, infusion lumens 4b are positioned in a different circumferential direction from the fiber lumen 14 where light is incident from in the light treatment zone 6; para. 0093), wherein a first direction of the fluid is released from the first opening (flush stream from infusion port 5a directed distally toward light treatment zone 6; para. 0093) is inclined to the side of the window (infusion port 5a can release fluid directed in the forward or sideways direction. Examiner interprets that the infusion port 5a can release fluid directed inclined to the side of the window; para. 0093), and a third direction of the fluid released from the third opening (Fig. 12A, infusion lumens 4b) is inclined to the side of the window (infusion lumens 4b can release fluid directed in a forward or sideways direction. Examiner interprets that the infusion lumens 4b can release fluid directed inclined to the side of the window; para. 0093-0094), wherein the first direction and the third direction each other (Fig. 12A, infusion ports 5a and lumens 4b can release fluid directed in a forward or sideways direction. Examiner interprets that the infusion port 5a can release fluid directed inclined to the side of the window and, therefore, intersect with the release of fluid from lumens 4b, which would eject perpendicular to the catheter axis; para. 0093-0094) and intersect the predetermined outward direction (light is transmitted orthogonal from axis of the catheter 1 in all directions. Infusion fluid is delivered from infusion ports 5 to the target tissue, thus material can be flushed from a region between the light treatment zone 6 and the target tissue, therefore, delivered infusion fluid flow would intersect the transmitted light; para. 0003, 0064, and 0066) in which light is transmitted from the window (Fig. 1A, light treatment zone 6).
Regarding claim 19, Rychnovsky teaches a light irradiation system, comprising: a catheter (Rychnovsky: Fig. 1A, catheter 1) including: a main body (Fig. 1B, catheter shaft 2); a window (Fig. 1A, light treatment zone 6) on a side of the main body (Fig. 1A, zone 6 encompasses sides of catheter shaft 2; para. 0066) and transmits light incident thereon (light is transmitted orthogonal from axis of catheter; para. 0066); and a plurality of openings (Fig. 1A, infusion ports 5) on the side of the main body (Fig. 1A, infusion ports 5 located on sides of catheter shaft 2), the opening (Fig. 1A, infusion ports 5) being configured to release a fluid (para. 0064), wherein the plurality of openings (Fig. 1A, infusion ports 5) includes: a first opening (Fig. 12B, infusion port 5a) on a proximal side (Fig. 12B, infusion port 5a is positioned proximal to the light treatment zone 6) relative to the window (Fig. 12B, light treatment zone 6); and a third opening (Fig. 12A, infusion lumens 4b) arranged at a different position in a circumferential direction from a position where light is transmitted from the window (Fig. 12B, infusion lumens 4b are positioned in a different circumferential direction from the fiber lumen 14 where light is incident from in the light treatment zone 6; para. 0093), wherein a first direction of the fluid is released from the first opening (flush stream from infusion port 5a directed distally toward light treatment zone 6; para. 0093) is inclined to the side of the window (infusion port 5a can release fluid directed in the forward or sideways direction. Examiner interprets that the infusion port 5a can release fluid directed inclined to the side of the window; para. 0093), and a third direction of the fluid released from the third opening (Fig. 12A, infusion lumens 4b) is inclined to the side of the window (infusion lumens 4b can release fluid directed in a forward or sideways direction. Examiner interprets that the infusion lumens 4b can release fluid directed inclined to the side of the window; para. 0093-0094); and a light irradiator is inserted into the catheter (an optical fiber is inserted into the fiber lumen 14; para. 0066), the light irradiator (optical fiber in fiber lumen 14; para. 0066) includes a light output interface (Fig. 1A, diffuser 15) at a position in proximity to the window (Fig. 1A, diffuser is positioned over the light treatment zone 6) when the light irradiator (optical fiber in fiber lumen 14; para. 0066) is inserted into the catheter (Rychnovsky: Fig. 1A, catheter 1), the light output interface (Fig. 1A, diffuser 15) transmitting light in a predetermined outward direction and towards the window (light is transmitted orthogonal from axis of catheter in the light treatment zone 6; para. 0066), wherein the window (Fig. 1A, light treatment zone 6) of the catheter (Rychnovsky: Fig. 1A, catheter 1) transmits light incident thereon from the light output interface (light is transmitted orthogonal from axis of catheter in the light treatment zone 6; para. 0066), and wherein the first direction and the third direction each other (Fig. 12A, infusion ports 5a and lumens 4b can release fluid directed in a forward or sideways direction. Examiner interprets that the infusion port 5a can release fluid directed inclined to the side of the window and, therefore, intersect with the release of fluid from lumens 4b, which would eject perpendicular to the catheter axis; para. 0093-0094) and intersect the predetermined outward direction (light is transmitted orthogonal from axis of the catheter 1 in all directions, Infusion fluid is delivered from infusion ports 5 to the target tissue, thus material can be flushed from a region between the light treatment zone 6 and the target tissue, therefore, delivered infusion fluid flow would intersect the transmitted light; para. 0003, 0064, and 0066).
Regarding claim 20, Rychnovsky teaches a method of releasing fluid and light from a catheter (Rychnovsky: Fig. 1A, catheter 1), comprising: transmitting light through a window (Fig. 1A, light treatment zone 6) on a side of a main body (Fig. 1A, zone 6 encompasses sides of catheter shaft 2; para. 0066) of the catheter (Rychnovsky: Fig. 1A, catheter 1) in a predetermined outward direction (light is transmitted orthogonal from axis of catheter; para. 0066); releasing the fluid from the catheter through a plurality of openings (Fig. 1A, infusion ports 5), wherein the plurality of openings (Fig. 1A, infusion ports 5) includes: a first opening (Fig. 12B, infusion port 5a) on a proximal side (Fig. 12B, infusion port 5a is positioned proximal to the light treatment zone 6) relative to the window (Fig. 12B, light treatment zone 6); and a third opening (Fig. 12A, infusion lumens 4b) arranged at a different position in a circumferential direction from a position where light is transmitted from the window (Fig. 12B, infusion lumens 4b are positioned in a different circumferential direction from the fiber lumen 14 where light is incident from in the light treatment zone 6; para. 0093), wherein a first direction of the fluid is released from the first opening (flush stream from infusion port 5a directed distally toward light treatment zone 6; para. 0093) is inclined to the side of the window (infusion port 5a can release fluid directed in the forward or sideways direction. Examiner interprets that the infusion port 5a can release fluid directed inclined to the side of the window; para. 0093), and a third direction of the fluid released from the third opening (Fig. 12A, infusion lumens 4b) is inclined to the side of the window (infusion lumens 4b can release fluid directed in a forward or sideways direction. Examiner interprets that the infusion lumens 4b can release fluid directed inclined to the side of the window; para. 0093-0094); and releasing a fluid from an opening (Fig. 1A, infusion ports 5 release fluid; para. 0064) on the side of the main body (Fig. 1A, infusion ports 5 located on sides of catheter shaft 2), wherein the first direction and the third direction each other (Fig. 12A, infusion ports 5a and lumens 4b can release fluid directed in a forward or sideways direction. Examiner interprets that the infusion port 5a can release fluid directed inclined to the side of the window and, therefore, intersect with the release of fluid from lumens 4b, which would eject perpendicular to the catheter axis; para. 0093-0094) and intersect the direction in which light is transmitted from the window (light is transmitted from the light treatment zone 6 orthogonal from axis of the catheter 1 in all directions, Infusion fluid is delivered from infusion ports 5 to the target tissue, thus material can be flushed from a region between the light treatment zone 6 and the target tissue, therefore, delivered infusion fluid flow would intersect the transmitted light; para. 0003, 0064, and 0066).
When the prior art device is the same as a device described in the specification for carrying out or being made by the claimed method, it can be assumed the device will obviously perform or be made by the claimed process. In re King, 801 F.2d 1324, 231 USPQ 136 (Fed. Cir. 1986). MPEP 2112.02.
Regarding claim 22, Rychnovsky teaches the catheter above, wherein the window (Fig. 1A, light treatment zone 6) is configured to transmit the light to only a portion (Fig. 12A, catheter shaft 2b) in the circumferential direction (light is transmitted orthogonal from axis of the catheter 1 in all directions to the catheter shaft 2b; para. 0066).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Rychnovsky in view of Viera (US Patent No. 5464023 A).
Regarding claim 21, Rychnovsky teaches the system above,
Rychnovsky does not expressly disclose the catheter includes a first distal tip having an inner surface formed of a magnetic material, and wherein the device further includes a second distal tip having a distal end surface formed of a magnetic material.
Viera teaches a catheter (Viera: Fig. 1, catheter 40) includes a first distal tip (Fig. 1, magnetic retainer 42) having an inner surface formed of a magnetic material (Fig. 1, inner surface of retainer 42 is lined with permanent magnets 43), and wherein a device (Fig. 1, guidewire 34) further includes a second distal tip (Fig. 1, magnetic attraction member 12) having a distal end surface formed of a magnetic material (Fig. 1, surface of member 12 is made of ferromagnetic material; col 3, ln 10-22).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the catheter of Rychnovsky such that the catheter includes a first distal tip having an inner surface formed of a magnetic material, and wherein the device further includes a second distal tip having a distal end surface formed of a magnetic material as taught by Viera in order to allow for magnetic retainment of the device within the catheter, thereby compelling the device to remain stationary (Viera: col 2, ln 24-36).
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Rychnovsky in view of Look et al. (US Patent Publication No. 20180207397 A1), hereinafter Look.
Regarding claim 23, Rychnovsky teaches the system above.
Rychnovsky does not expressly disclose a first inner shaft inserted inside the main body and having the first opening at a distal end thereof; and a third inner shaft inserted inside the main body and having the third opening at a distal end thereof, wherein a distal end portion of the first inner shaft is curved toward the outside, and a distal end portion of the third inner shaft is curved toward the outside.
Look teaches an inner shaft (Look: Fig. 26 and 27, tapering tube 712) inserted inside a main body (Fig. 26 and 27, catheter 700) and having a first opening (Fig. 26, open end 718) at a distal end (Fig. 26 and 27, open end 718 is located at a distal end of the tube 712) thereof; wherein a distal end portion (Fig. 26 and 27, distal end 714) of the inner shaft (Fig. 26 and 27, tube 712) is curved toward the outside (Fig. 26 and 27, distal end 714 is curved toward exterior surface of catheter 700; para. 0139).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the system of Rychnovsky such that a first inner shaft inserted inside the main body and having the first opening at a distal end thereof; and a third inner shaft inserted inside the main body and having the third opening at a distal end thereof, wherein a distal end portion of the first inner shaft is curved toward the outside, and a distal end portion of the third inner shaft is curved toward the outside as taught by Look in order to more precisely deliver a fluid to a target site (Look: para. 0140). Examiner interprets that each of the infusion ports 5a and infusion lumens 4b of Rychnovsky would be individually modified by the inner shaft of Look.
Response to Arguments
Applicant’s arguments, see page 8-11, filed 30 September 2025, with respect to the rejections of claims 1, 19, and 20 under 35 USC 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new grounds of rejection is made in view of an alternative interpretation of Rychnovsky, discussed above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/LEI GONZALEZ/Examiner, Art Unit 3783
/SCOTT J MEDWAY/Primary Examiner, Art Unit 3783
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