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 .
Response to Amendment
This action is entered in response to Applicant's amendment and reply of 1/26/26. The claims 1, 6, 8-22, 26-29 are pending. The claims are amended. Claims 26-29 are new. Claims 2-5, 7, 23-25 are cancelled.
Response to Arguments
Applicant’s arguments, filed 1/26/26 with respect to the rejections of claims 1-3 and 7 under 35 U.S.C. 103 as being unpatentable over Cartledge (US2014/0296962) in view of Schock (US2002/0072680) have been fully considered and the amendment overcomes the previous rejection. However, upon further consideration, a new grounds of rejection has been made in view of Cartledge (US2014/0296962) in view of Schock (US2002/0072680)
Applicant’s arguments, filed 1/26/26 with respect to the rejections of claims 1, 2, 4-6, and 8 under 35 U.S.C. 103 as being unpatentable over Cartledge (US2014/0296962) in view of Higgins (US2006/0009740) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn.
Applicant’s arguments, filed 1/26/26 with respect to the rejections of claims 1, 2, and 9-21 under 35 U.S.C. 103 as being unpatentable over Cartledge (US2014/0296962) in view of Glover (US2020/0022587) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, a new grounds of rejection has been made in view of Cartledge (US2014/0296962) in view of Schock (US2002/0072680) and Glover (US2020/0022587).
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 of this title, 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.
Claims 1, 6, and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Cartledge (US2014/0296962) in view of Schock (US2002/0072680).
Regarding claim 1, Cartledge discloses a delivery assembly, comprising:
a prosthetic valve (10300) movable between a radially compressed configuration and a radially expanded configuration ([0380]); a delivery apparatus comprising:
a handle (10800);
a delivery shaft (10720) extending distally from the handle;
a nosecone shaft (shaft of 10740, see Fig. 107) extending through the delivery shaft, and comprising:
a nosecone shaft outer surface (see Fig. 107);
a nosecone shaft guidewire lumen (lumen for guidewire 6610 within the shaft portion, [0384]); and a nosecone shaft distal portion (attachment to nosecone 10740, see Fig. 107);
a nosecone (10740) attached to the nosecone shaft distal portion, and comprising a nosecone guidewire lumen (lumen for guidewire 6610, [0384]) and a nosecone outer surface (surface of 10740, see Fig. 107);
a first sensor ([0382]) retained within the nosecone,
the first sensor is a first pressure sensor ([0382]).
Cartledge does not explicitly disclose the first sensor is a first optic pressure sensor, a first transmission line coupled to the first sensor, and extending proximally therefrom, toward the handle; wherein the first transmission line is a first optic fiber, wherein the nosecone comprises a nosecone lateral port terminating at a nosecone port formed at the nosecone outer surface, wherein the first optic pressure sensor comprises a housing defining a side opening and an inner surface oriented at an oblique angle relative to the longitudinal axis of the first optic fiber, the first optic pressure sensor further comprising a diaphragm covering the side opening of the housing and in alignment with the nosecone port opening; wherein the first optic pressure sensor is configured such that the light transmitted by the first optic fiber is reflected by the inner surface of the housing onto the diaphragm. Schock, teaches a catheter 10 extending to a tip 20 (nosecone) with the pressure sensor 22 either embedded or attached to the tip ([0032]) and having a transmission line 24 made of a fiber optic cable that extends proximally therefrom, toward the handle terminating at connector 96 ([0046]). Schock further teaches the pressure sensor 22 is retained within the catheter tip and that diaphragm 80 is protected from blood contact by the protective pocket 82 (lateral port) which opens at the outer surface of the tip, the pocket opening (nosecone port) at the tip outer surface through which the sensor is exposed to the surrounding environment for pressure measurement ([0036]). Where the pressure sensor 22 comprises a housing (housing of sensor, see Fig. 3A) defining a side opening (opening/chamber that is spaced from the diaphragm 80 at the end of the sensor 22, see Fig. 3A, [0041]) and an inner surface (inner surface of the diaphragm 80, [0036]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have substituted the arrangement of the first sensor and signal transmission of Cartledge for the first sensor within the nosecone having the lateral opening and diaphragm, and fiber optic transmission line arrangement as taught by Schock, since the substitution would have yielded the same predictable result of relaying information from the pressure sensor to a control for interpretation by a user.
The modified invention of Cartledge/Schock does not explicitly disclose the inner surface defined by the housing of the pressure sensor oriented at an oblique angle relative to the longitudinal axis of the first optic fiber. Schock teaches the diaphragm inner surface is made of silicone and has a surface that changes shape ([0036], [0041]). It would have been obvious matter of design choice to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the inner surface of the pressure sensor to be oriented at an oblique angle relative to the first optic fiber, since Applicant has not disclosed that having the pressure sensor inner surface oriented at an oblique angle relative to the first optic fiber provides an advantage, is used for a particular purpose, or solves a stated problem. One of ordinary skill in the art would have expected the inner surface of the pressure sensor of Cartledge/Schock and Applicant’s invention to perform equally well with either the inner surface as taught by Cartledge/Schock or the claimed inner surface being at an oblique angle to the first optic fiber because both would perform the same function of measuring one or more types of psychological parameters within the implant (see paragraph [00354]) equally well.
The modified invention of Cartledge/Schock further teaches wherein the first optic pressure sensor is configured such that the light transmitted by the first optic fiber is reflected by the inner surface of the housing onto the diaphragm (light from the first optic fiber would be reflected by the inner surface by the inner surface of the housing onto the diaphragm, since the inner surface defines a surface of the diaphragm).
Regarding claim 6, Cartledge/Schock makes obvious the delivery assembly according to claim 1, the modified invention discloses where the nosecone port opening (opening of pocket 82 of Schock) is formed between the nosecone lateral port (protective pocket 82 of Schock) and the nosecone guidewire lumen (lumen of guidewire 6610 of Cartledge) (where the nosecone port opening of Schock is formed between the nosecone lateral port and the nosecone guidewire lumen of the modified invention of Cartledge/Schock when looking down an diagonal axis angled relative to the longitudinal axis).
Regarding claim 8, Cartledge/Schock makes obvious the delivery assembly according to claim 1, Schock further teaches wherein the nosecone shaft further comprises a nosecone shaft sensor lumen (lumen of the pressure sensing line 24), and wherein the first optic fiber extends through the nosecone shaft sensor lumen (the sensing line 24 would extend through the lumen).
Claims 27-29 are rejected under 35 U.S.C. 103 as being unpatentable over Cartledge (US2014/0296962) in view of Glover (US2020/0022587).
Regarding claim 27, Cartledge discloses a delivery assembly, comprising:
a non-balloon expandable, prosthetic valve (10300, where prosthesis is not balloon expandable rather expands with a controllable stent lattice, [0395]) movable between a radially compressed configuration and a radially expanded configuration ([0380]); a delivery apparatus comprising:
a handle (10800);
a delivery shaft (10720) extending distally from the handle (see Fig. 107);
a nosecone shaft (shaft of 10740, see Fig. 107) extending through the delivery shaft, and comprising:
a nosecone shaft outer surface (see Fig. 107);
a nosecone shaft guidewire lumen (lumen for guidewire 6610); and a nosecone shaft distal portion (attachment to nosecone 10740, see Fig. 107);
a nosecone (10740) attached to the nosecone shaft distal portion, and comprising a nosecone guidewire lumen (lumen for guidewire 6610, [0384]) and a nosecone outer surface (surface of 10740, see Fig. 107);
a first pressure sensor ([0382]) retained within the nosecone distal to the prosthetic valve;
Cartledge does not explicitly disclose the first sensor is a first optic pressure sensor, a first optic fiber coupled to the first optic pressure sensor, and extending proximally therefrom, toward the handle; a second optic pressure sensor positioned proximal to the prosthetic valve; and a second optic fiber coupled to the second optic pressure sensor, and extending proximally therefrom, toward the handle. Glover teaches a catheter having multiple pressure sensors 10 and optical fibers 4011, each fiber having their own respective lumens and within a reinforcement sleeve ([0156]). Further, Glover teaches a catheter tubing having multiple pressure sensors within it at different locations ([0100]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have substituted the nosecone shaft body and arrangement of the sensor and signal transmission of Cartledge for the body having multiple lumens each containing a pressure sensor and transmission lines within a sleeve extending toward the proximal end as taught by Glover, since the substitution would have yielded the same predictable result of relaying information from a pressure sensor to a user.
The modified invention does not explicitly disclose the second pressure sensor positioned proximal to the prosthetic valve. Applicant has not disclosed that the pressure sensor being positioned proximal to the prosthetic valve provides an advantage, is used for a particular purpose, or solves a stated problem. See paragraph [0257] of the specification. One of ordinary skill in the art would have expected the modified invention and Applicant’s invention to perform equally well with either the pressure sensor arrangement as taught by the modified invention or the pressure sensor being positioned proximal to the prosthetic valve of the claimed invention because both sensor arrangements would perform the same function of determining the pressure throughout the delivery site equally well. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the second pressure sensor of Cartledge/Glover to be positioned proximal to the prosthetic valve as an obvious matter of design choice within the level of skill in the art.
Where the modified invention further discloses wherein the first and second optic pressure sensors are configured to measure a pressure drop across the prosthetic valve after the prosthetic valve is expanded against a native heart valve annulus (the first and second pressure sensors of the modified invention would be able to determine a pressure drop by the distancing of the two pressure sensors and determining a pressure differential between the two sensed pressures).
Regarding claim 28, Cartledge/Glover makes obvious the delivery assembly of claim 27; yet, does not explicitly disclose wherein the second optic pressure sensor is mounted on or within the nosecone shaft. Applicant has not disclosed that the pressure sensor being mounted on or within the nosecone shaft provides an advantage, is used for a particular purpose, or solves a stated problem. See paragraph [0218] of the specification. One of ordinary skill in the art would have expected the modified invention and Applicant’s invention to perform equally well with either the pressure sensor arrangement as taught by the modified invention or the pressure sensor being attached to an outer surface of the nosecone shaft of the claimed invention because both sensor arrangements would perform the same function of determining the pressure throughout the delivery site equally well. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the second optic pressure sensor of Cartledge/Glover to be mounted on or within the nosecone shaft outer surface as an obvious matter of design choice within the level of skill in the art.
Regarding claim 29, Cartledge/Glover makes obvious the delivery assembly of claim 28; yet, does not explicitly disclose wherein the first optic fiber and the second optic fiber extend through the nosecone shaft to the handle (where the components of Glover as incorporated into Cartledge would have optical fibers extending from the nosecone shaft toward the handle).
Claims 9-21, 26 are rejected under 35 U.S.C. 103 as being unpatentable over Cartledge (US2014/0296962) in view of Schock (US2002/0072680) as applied to claim 1, and further in view of Glover (US2020/0022587).
Regarding claim 9, Cartledge/Schock makes obvious the delivery assembly according to claim 1; yet, does not explicitly disclose wherein the delivery apparatus further comprises a first sensor shaft extending through the delivery shaft, the first sensor shaft comprising a first sensor shaft lumen; and a first sensor shaft distal portion; wherein the nosecone is attached to the first sensor shaft distal portion; and wherein the transmission line extends through the first sensor shaft lumen. Glover teaches an arrangement of the delivery apparatus comprising a first sensor shaft lumen (lumen of reinforcement tubing, [0156]); a first sensor shaft distal portion (end attached to pressure sensor, [0156]); wherein the first transmission line extends through the first sensor shaft lumen (see Fig. 6, [0100]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have substituted the nosecone shaft body and arrangement of the sensor and signal transmission of Cartledge/Schock for the body having multiple lumens each containing a pressure sensor and transmission lines within a sleeve extending toward the proximal end as taught by Glover, since the substitution would have yielded the same predictable result of relaying information from a pressure sensor to a user.
Where the modified invention discloses wherein the nosecone is attached to the first sensor shaft distal portion (interpreted as attached by being coupled to the sensor that is attached to the nosecone of Cartledge).
Regarding claim 10, Cartledge/Schock makes obvious the delivery assembly according to claim 1; yet, does not explicitly disclose wherein the delivery apparatus further comprises a second pressure sensor positioned proximal to the prosthetic valve, and a second transmission line coupled to the second pressure sensor and extending proximally therefrom, toward the handle. Glover teaches a catheter tubing having multiple pressure sensors within it at different locations ([0100]). Glover therefore teaches a second pressure sensor (optical sensor 10, see Fig. 6, [0100]) and a second transmission line (optical fiber 2011, [0100]) coupled to the second pressure sensor and extending proximally therefrom, toward the handle (see Fig. 6). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Cartledge/Schock to include a second pressure sensor and a second transmission line coupled to the second pressure sensor and extending proximally toward the handle, as taught by Glover in order to determine pressure measurements at different locations of the delivery apparatus (see Abstract).
The modified invention does not explicitly disclose the second pressure sensor positioned proximal to the prosthetic valve. Applicant has not disclosed that the pressure sensor being positioned proximal to the prosthetic valve provides an advantage, is used for a particular purpose, or solves a stated problem. See paragraph [0257] of the specification. One of ordinary skill in the art would have expected the modified invention and Applicant’s invention to perform equally well with either the pressure sensor arrangement as taught by the modified invention or the pressure sensor being positioned proximal to the prosthetic valve of the claimed invention because both sensor arrangements would perform the same function of determining the pressure throughout the delivery site equally well. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the second pressure sensor of Cartledge/Schock/Glover to be positioned proximal to the prosthetic valve as an obvious matter of design choice within the level of skill in the art.
Regarding claim 11, Cartledge/Schock/Glover makes obvious the delivery assembly according to claim 1, Glover further teaches wherein the second transmission line is a second optic fiber (optical fiber 2011, [0100]), and wherein the second pressure sensor is a second optic pressure sensor (optical sensor 10, [0100]).
Regarding claim 26, Cartledge/Schock/Glover makes obvious the delivery assembly according to claim 11, the modified invention further discloses wherein the prosthetic valve is a non-balloon expandable aortic valve (prosthesis is expanded by a control system 10510 not a balloon, [0380], [0395]; of Cartledge) and the first and second optic pressure sensors are configured to measure a pressure drop across the prosthetic valve after the prosthetic valve is expanded against a native aortic annulus (the first and second pressure sensors of the modified invention would be able to determine a pressure drop by the distancing of the two pressure sensors and determining a pressure differential between the two sensed pressures).
Regarding claim 12, Cartledge/Schock makes obvious the delivery assembly according to claim 10; yet, does not explicitly disclose wherein the second pressure sensor is attached to the nosecone shaft outer surface.
Cartledge does not explicitly disclose wherein the first pressure sensor is attached to the nosecone shaft outer surface. Applicant has not disclosed that the pressure sensor being attached to an outer surface of the nosecone shaft provides an advantage, is used for a particular purpose, or solves a stated problem. See paragraph [0218] of the specification. One of ordinary skill in the art would have expected the modified invention and Applicant’s invention to perform equally well with either the pressure sensor arrangement as taught by the modified invention or the pressure sensor being attached to an outer surface of the nosecone shaft of the claimed invention because both sensor arrangements would perform the same function of determining the pressure throughout the delivery site equally well. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the first pressure sensor of Cartledge/Schock to be attached to the nosecone shaft outer surface as an obvious matter of design choice within the level of skill in the art.
Regarding claim 13, Cartledge/Schock/Glover makes obvious the delivery assembly according to claim 10, Glover further teaches wherein the nosecone shaft further comprises a first nosecone shaft sensor lumen (4004-1, see Fig. 20A) having a first nosecone shaft side opening (opening 4012-1, see Fig. 19), and a second nosecone shaft sensor lumen (4004-2) having a second nosecone shaft side opening (opening 4012-2, see Fig. 19), wherein the first pressure sensor (10 P1) is positioned in alignment with the first nosecone shaft side opening (see Fig. 19), and wherein the second pressure sensor (10 P2) is positioned in alignment with the second nosecone shaft side opening (see Fig. 19).
Regarding claim 14, Cartledge/Schock/Glover makes obvious the delivery assembly according to claim 10, Glover further teaches wherein the nosecone shaft further comprises a nosecone shaft sensor lumen (4004-2, see Fig. 20A) comprising a first nosecone shaft side opening (opening 4012-2, see Fig. 19) and a second nosecone shaft side opening (opening at the distal end for 4011-5, see Fig. 19), wherein the first pressure sensor (10 P2) is positioned in alignment with the first nosecone shaft side opening (see Fig. 19), wherein the second pressure sensor (10 P3, [0174]) is positioned in alignment with the second nosecone shaft side opening (see Fig. 19), and wherein both the first transmission line and the second transmission line extend through the nosecone shaft sensor lumen (see Fig. 20A).
Regarding claim 15, Cartledge/Schock/Glover makes obvious the delivery assembly according to claim 10, Cartledge further discloses wherein the delivery apparatus further comprises a plurality of actuator arm assemblies (control wire 750 and disconnect wires 770, [0384]), extending through the delivery shaft and releasably coupled to the prosthetic valve ([0384]); yet, is silent regarding wherein the second pressure sensor is attached to one of the plurality of actuator arm assemblies. Applicant has not disclosed that the second pressure sensor being attached to the actuation assembly provides an advantage, is used for a particular purpose, or solves a stated problem. See paragraph [00279] of the specification. One of ordinary skill in the art would have expected the modified invention and Applicant’s invention to perform equally well with either the second pressure sensor arrangement as taught by the modified invention or the second pressure sensor being attached to the actuation assembly of the claimed invention because both sensor arrangement would perform the same function of determining the pressure throughout the distal end of the delivery assembly equally well. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the second pressure sensor of Cartledge/Schock/Glover to be attached to at least one actuation assembly as an obvious matter of design choice within the level of skill in the art.
Regarding claims 16 and 17, Cartledge/Schock/Glover makes obvious the delivery assembly according to claim 10, Cartledge further discloses wherein the delivery apparatus further comprises a re-compression mechanism ([0394]) configured to compress a mechanically expandable prosthetic valve, the re-compression mechanism comprising:
a re-compression shaft (control wire 750) extending through the delivery shaft, and comprising a re-compression shaft main lumen (all of the lumens of rod 10804, [0384]); and
a re-compression member (disconnect wire 770) extending through the re-compression shaft main lumen (lumen of wire 770, [0384]), and comprising a distal loop (loop of stent lattice 10 where 770 is attached the loop).
However, the modified invention does not explicitly disclose wherein the second pressure sensor is attached to an outer surface of the re-compression shaft. Applicant has not disclosed that the second pressure sensor being attached to the outer surface of the re-compression shaft provides an advantage, is used for a particular purpose, or solves a stated problem. See paragraph [00259] of the specification. One of ordinary skill in the art would have expected the modified invention and Applicant’s invention to perform equally well with either the second pressure sensor arrangement as taught by the modified invention or the second pressure sensor being attached to the re-compression shaft outer surface of the claimed invention because both sensor arrangement would perform the same function of determining the pressure throughout the distal end of the delivery assembly equally well. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the second pressure sensor of Cartledge/Schock/Glover to be attached to the outer surface of the recompression shaft as an obvious matter of design choice within the level of skill in the art.
Regarding claim 18, Cartledge/Schock/Glover makes obvious the delivery assembly according to claim 16, the modified invention discloses wherein the re-compression shaft further comprises a re-compression shaft sensor lumen (lumen of wire 750, [0384]) and a re-compression shaft side opening (opening at the end of lumen for wire 750, [0384]), wherein the second pressure sensor is positioned in alignment with the re-compression shaft side opening (the second sensor as modified would be in alignment with the recompression shaft side opening by being attached the an outer surface of the recompression shaft).
The modified invention does not explicitly disclose wherein the second transmission line extends through the re-compression shaft sensor lumen. Glover further teaches an arrangement on a catheter (recompression shaft) with the catheter having a lumen 4004 (recompression shaft sensor lumen) and a side opening (4012-2, see Fig. 19, [0152]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have the arrangement of the delivery shaft having the second transmission line extend through the lumen of the shaft as taught by Glover in order to provide a pathway for the optical fiber to extend through the shaft for transmitting data to a user ([0152]).
Regarding claims 19 and 20, Cartledge/Schock/Glover makes obvious the delivery assembly according to claim 10; yet, does not explicitly disclose wherein the second pressure sensor is attached to an outer surface of the delivery shaft. Applicant has not disclosed that the second pressure sensor being attached to the outer surface of the delivery shaft provides an advantage, is used for a particular purpose, or solves a stated problem. See paragraph [0291] of the specification. One of ordinary skill in the art would have expected the modified invention and Applicant’s invention to perform equally well with either the second pressure sensor arrangement as taught by the modified invention or the second pressure sensor being attached to the delivery shaft outer surface of the claimed invention because both sensor arrangement would perform the same function of determining the pressure at the distal end of the delivery assembly equally well. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the second pressure sensor of Cartledge/Schock/Glover to be attached to an outer surface of the delivery shaft as an obvious matter of design choice within the level of skill in the art.
Regarding claim 21, Cartledge/Schock/Glover makes obvious the delivery assembly according to claim 19; yet, does not explicitly disclose wherein the delivery shaft further comprises a delivery shaft sensor lumen and a delivery shaft side opening, wherein the second pressure sensor is positioned in alignment with the delivery shaft side opening, and wherein the second transmission line extends through the delivery shaft sensor lumen. Glover further teaches an arrangement on a catheter (delivery shaft) with the catheter having a lumen 4004 (sensor lumen) and a side opening (4012-2, see Fig. 19) delivery shaft side opening ([0152]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the arrangement of the delivery shaft having a lumen and a side opening for the second sensor as taught by Glover in order to provide a pathway to accommodate pressure sensors and optical fibers ([0152])
The modified invention discloses wherein the second pressure sensor is positioned in alignment with the delivery shaft side opening, and wherein the second transmission line extends through the delivery shaft sensor lumen (the second pressure sensor is in alignment with the delivery shaft side opening be extending from the opening).
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Cartledge (US2014/0296962) in view of Schock (US2002/0072680) and Glover (US2020/0022587) as applied to claim 10; and further in view of Glawdel (US2020/0390350).
Regarding claim 22, Cartledge/Schock/Glover makes obvious the delivery assembly according to claim 10; where Glover teaches a medical implement with a pressure sensor ([0100]); yet, is silent regarding wherein the delivery apparatus further comprises a sensing catheter comprising a sensing head, wherein the sensing catheter is axially movable relative to the delivery shaft, and wherein the sensing head comprises a second pressure sensor. Glawdel teaches a wire for transcatheter aortic valve replacement surgery, where the wire includes an inner tube 234 (sensing catheter) that accommodates an optical pressure sensor 230 (second pressure sensor) ([0078]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have substituted the medical implement with pressure sensor of Cartledge/Schock/Glover for the sensor catheter having a pressure sensor as taught by Glawdel, since the substitution would have yielded the same predictable result of a navigating a pressure sensor to a desired side and added the benefit of providing stiffness characteristics along the length of the catheter ([0078]).
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MIKAIL A MANNAN whose telephone number is (571)270-1879. The examiner can normally be reached M-F 10-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thomas Barrett can be reached on (571)272-4746. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M.A.M/Examiner, Art Unit 3774
/THOMAS C BARRETT/SPE, Art Unit 3799
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