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 .
Election/Restrictions
Applicant's election with traverse of Group I in the reply filed on 4/23/2025 is acknowledged. The traversal is on the ground(s) that:
Regarding Group I and Group III, the combination as claimed combination requires the particulars of the sub-combination. Applicant points to claim 19 which recites an advancement wheel. This is not found persuasive because in claim 19, the advancement instrument including the advancement wheel interacts with a third other marking not included in claim 11 of Group I and therefore the combination does not include the particulars of the sub-combination.
Applicant further argues that there is no serious search burden. This argument is not convincing as a search for the combination includes many additional features and would not likely be found when searching only for the advancement mechanism. Additionally, the addition elements in the combination require different search queries.
The requirement is still deemed proper and is therefore made FINAL.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 24-31 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 24 recites a first catheter assembly “and/or” a second catheter assembly, and further recites “an instrument advancement device configured to couple to the first catheter assembly and the second catheter assembly.” Since the first catheter assembly and the second catheter assembly are recited in the alternative, it is presumed that the claim may include either the first catheter assembly or the second catheter assembly and not both. However, the instrument advancement device configured to couple to the first catheter assembly and the second catheter assembly implies that both must be present. Therefore, the scope of the claim is not clear as to whether both the first catheter assembly and the second catheter assembly are required by the claim.
Claims 25-31 inherit the deficiencies of claim 24.
Allowable Subject Matter
Claims 1-11 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
The subject matter of claim 1 could not be found and was not suggested by the prior art of record. The subject matter not found is a method of manufacture, comprising: providing a first catheter assembly having a first indicator marking corresponding to the first length; providing a second catheter assembly having a second indicator marking corresponding to the second length; providing an instrument advancement device configured to couple to the first catheter assembly and the second catheter assembly, wherein the instrument advancement device is configured to advance an instrument distally into the first catheter assembly and the second catheter assembly, wherein the instrument advancement device comprises a first other indicator marking matching the first indicator marking and a second other indicator marking matching the second indicator marking, in combination with the features of the invention, substantially as claimed.
Claims 24-31 are rejected under 112(b) above, but inasmuch as claim 24 includes similar features, including the instrument advancement device configured to couple to the first catheter assembly and the second catheter assembly, wherein the instrument advancement device is configured to advance an instrument distally into the first catheter assembly and the second catheter assembly, wherein the instrument advancement device comprises a first other indicator marking matching the first indicator marking and a second other indicator marking matching the second indicator marking, in combination with the features of the invention, substantially as claimed, claim 24 includes allowable subject matter should the amendment to overcome the 112(b) rejection not substantially change the scope of the claim.
The closest prior art of record is:
Burkholz et al (US 2019/0021640) teaches a catheter assembly and instrument advancement device similar to that of the claimed invention, but fails to teach the second catheter assembly and the indicator markings.
Brinon (US 5,611,778) teaches a first catheter having an adaptor and first markings, and an instrument advancement device configured to advance distally into the first catheter and having other first other indicator markings (fig. 5), but fails to teach the second catheter assembly and other second indicator marking.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAURA A BOUCHELLE whose telephone number is (571)272-2125. The examiner can normally be reached Mon-Fri 8:00-5:00 CST.
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LAURA A. BOUCHELLE
Primary Examiner
Art Unit 3783
/LAURA A BOUCHELLE/Primary Examiner, Art Unit 3783
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