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
The amendment filed March 3rd, 2026 has been entered. Applicant’s amendments to the claims have overcome the claim objections previously set forth in the Non-Final Rejection mailed December 16th, 2025.
Response to Arguments
Applicant’s arguments, see pages 8-12, filed March 16th, 2026, with respect to the rejection(s) of claim(s) 75 under 35 U.S.C. 103 have been fully considered and are persuasive in view of the submitted amendment & previous interpretation of the prior art of record. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of a new interpretation of the current prior art of record that teaches the newly disclosed claim limitations. In response to Applicant’s arguments that Burkett does not teach the “regular multi-sided geometric shape” that is “formed by an inner surface of the insulative jacket element in cross section”, “the electrically conductive core element is positioned centrally within the triangular jacket portal”, or positioning electrical wires “in corners of the triangular cross-sectional shape” the Examiner respectfully disagrees on the grounds that Burkett does teach this, as detailed in the updated rejection with a new interpretation of Burkett and the claims, below. Additionally, the Examiner notes that within the Instant Application, paragraph [0152] describes “The jacket portal 108A forms a multisided geometric shape (having, for instance, a multi-angled cross section with the electrical wires positioned at the vertices of the multisided geometric shape (such as a triangle))” and the accompanying figures, Figs. 7A, 7B & 7D, none of the figures show a perfect equilateral triangle with straight sides such that the “triangular cross-sectional shape” and “regular multi-sided geometric shape” will be interpreted broadly to include all configurations that resemble a triangle.
Applicant argues that the additional references relied upon fail to remedy the deficiencies of those used for independent claim 75, the Examiner respectfully disagrees on the grounds laid out above for independent claim 75, in which the rejection for claim 75 has been updated and therefore the rejection for all dependent claims are also updated and/or maintained.
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.
Claim 87 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.
Regarding claim 87, the claim recites “a length of the flexible medical guidewire assembly” in lines 3-4 and it is unclear if this is the same length of the flexible medical guidewire as recited in claim 75, from which claim 87 depends, or is a different length. For examination purposes, these are different lengths.
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.
Claims 75, 77, 84-85 & 96-97 are rejected under 35 U.S.C. 103 as being unpatentable over Patil et al. (U.S. Pub. No. 20220118232, earliest effective filing date & previously cited), herein referred to as “Patil” in view of Burkett (U.S. Pub. No. 20140187972, previously cited), herein referred to as “Burkett”.
Regarding claim 75, Patil discloses an apparatus (Abstract: Guidewires having conductive elements are described), comprising:
a flexible medical guidewire assembly (guidewire assembly 10, Fig. 2) configured to be inserted into a confined space defined by a living body ([0003]: Guidewires may have a number of sensors or sensor assemblies integrated directly into the guidewire. Such sensor-equipped guidewires may be adapted for measuring various physiological parameters within a patient's body) wherein the flexible medical guidewire assembly includes:
a core element (core wire 24) being electrically conductive ([0083]: A core wire 24 may extend through the length of the guidewire assembly 10) being electrically conductive ([0083]: The core wire 24 may be fabricated from, e.g., stainless steel, Nitinol, etc.);
an insulative jacket element distinct from and surrounding the core element ([0086]: a suitable polymer (e.g., polyimide or nylon) can be used to encapsulate the core and the conducting wires through the length of the guidewire), wherein the insulative jacket element comprises a polymer material that encapsulates both the core element and at least one electrical wire along a length of the flexible medical guidewire assembly ([0086]: a suitable polymer (e.g., polyimide or nylon) can be used to encapsulate the core and the conducting wires through the length of the guidewire);
the at least one electrical wire (one or more conducting wires 30) extending along the length of the flexible medical guidewire assembly through the jacket portal ([0084]: one or more conducting wires 30 electrically coupled to each of the respective electrodes 18 may extend proximally from the assembly 16); and
a sensor assembly (electrode assembly 14) being securely supported by the flexible medical guidewire assembly and the sensor assembly is electrically connected, via said at least one electrical wire, to a proximal terminal portion of the flexible medical guidewire assembly ([0084]: one or more conducting wires 30 electrically coupled to each of the respective electrodes 18 may extend proximally from the assembly 16) in such a way that the sensor assembly and the flexible medical guidewire assembly are configured to be movable along the confined space defined by the living body once the flexible medical guidewire assembly is inserted into, and moved along, the confined space defined by the living body ([0003]: Guidewires may have a number of sensors or sensor assemblies integrated directly into the guidewire. Such sensor-equipped guidewires may be adapted for measuring various physiological parameters within a patient's body; see Fig. 1 where the guidewire assembly is one unitary system such that all features simultaneously move along a confined space defined by the living body when inserted);
wherein said sensor assembly and said at least one electrical wire are electrically isolated from the core element ([0086]: a suitable polymer (e.g., polyimide or nylon) can be used to encapsulate the core and the conducting wires through the length of the guidewire).
But Patil fails to disclose wherein the insulative jacket element and the core element define a jacket portal having a regular multi sided geometric shape, wherein the regular multi-sided geometric shape is formed by an inner surface of the insulative jacket element in cross-section, and wherein the jacket portal has a triangular cross-sectional shape;
wherein the at least one electrical wire is positioned at a first vertex of the triangular cross-sectional shape of the jacket portal, with the at least one electrical wire positioned in corners of the triangular cross-sectional shape, and wherein the core element is positioned centrally within the jacket portal.
However, Burkett discloses wherein the insulative jacket element (space within inner wall 204 to be occupied by an adhesive, Fig. 6; [0029]: In particular, it is fully contemplated that the features, components, and/or steps described with respect to one embodiment may be combined with the features, components, and/or steps described with respect to other embodiments of the present disclosure; [0057]: in some instances a portion of the space inside inner wall 204 is filled with an adhesive, such as one or more polymer components, epoxies, silicones, or combinations thereof) and the core element (stiffening core 502) define a jacket portal (void between inner wall 206, stiffening core 502 & wires 504 where the adhesive occupies) having a regular multi sided geometric shape (see Fig. 6 where the stiffening core 502 & wires 504 form a regular multisided geometric shape of the void/jacket portal), wherein the regular multi-sided geometric shape is formed by an inner surface of the insulative jacket element in cross-section ([0057]: in some instances a portion of the space inside inner wall 204 is filled with an adhesive, such as one or more polymer components, epoxies, silicones, or combinations thereof; see Fig. 6 where the stiffening core 502 & wires 504 form an inner surface of the regular multisided geometric shape of the adhesive), and wherein the jacket portal has a triangular cross-sectional shape (see Fig. 6 where the stiffening core 502 & wires 504 form a triangular shape forming the inner surface of the void/jacket portal);
wherein the at least one electrical wire is positioned at a first vertex of the triangular cross-sectional shape of the jacket portal, with the at least one electrical wire positioned in corners of the triangular cross-sectional shape, and wherein the core element is positioned centrally within the jacket portal ([0007]: each of the at least three wires each has a center point that forms a vertex of a first triangle about the second center point; [0060]: the recesses are evenly spaced around the circumference as shown based on the number of wires 504 included … As depicted, however, the recesses and associated wires 504 are spaced at 120.degree.).
Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the shape of the jacket portal of Patil to have a multisided geometric shape, as taught by Burkett, for the purpose of greatly increasing the handling performance characteristics of the guidewire, the electronic, optical, and/or electro-optical components and the associated communication lines are sized and shaped to allow for the diameter of the flexible elongate member to be very small, and enabling the stiffening core wire to be as large as possible to fill the available space inside the inner wall of the flexible elongate member while still leaving space for three conductive wires (Burkett: [0030], [0034], [0061]).
Additionally, it would have been an obvious matter of design choice to make the different portions of the jacket portal of whatever form or shape was desired or expedient. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Regarding claim 77, Patil discloses wherein: the sensor assembly includes at least one electrode ([0082]: an electrode assembly 14 having one or more electrodes 18).
Regarding claim 84, Patil discloses wherein: the flexible medical guidewire assembly includes a hollow tube (proximal coil 20; wherein a coil is seen as a tube) configured to receive and house an electrical wire of the at least one electrical wire (one or more conducting wires 30; see Figs. 2 & 4C).
Regarding claim 85, Patil discloses wherein: the sensor assembly includes: a magnetic sensor device or an electrical sensor device ([0082]: an electrode assembly 14 having one or more electrodes 18).
Regarding claim 96, Patil in view of Burkett discloses wherein: the at least one electrical wire comprises a plurality of electrical wires (Burkett: [0059]: three wires 504); and
the triangular cross-sectional shape of the jacket portal comprises a plurality of vertices, including the first vertex ([0007]: each of the at least three wires each has a center point that forms a vertex of a first triangle about the second center point; [0057]: in some instances a portion of the space inside inner wall 204 is filled with an adhesive, such as one or more polymer components, epoxies, silicones, or combinations thereof); and
the plurality of electrical wires is arranged such that each of the plurality of wires is positioned at one of the plurality of vertices ([0007]: each of the at least three wires each has a center point that forms a vertex of a first triangle about the second center point; [0059]: the stiffening core 502 is a single structure having longitudinally extending recessions or grooves spaced about the circumference to receive three wires 504; [0060]: the recesses are evenly spaced around the circumference as shown based on the number of wires 504 included … As depicted, however, the recesses and associated wires 504 are spaced at 120.degree.).
Regarding claim 97, Patil in view of Burkett discloses wherein:
the at least one electrical wire comprises a plurality of electrical wires (Burkett: [0059]: three wires 504); and
spacing between each of the plurality of electrical wires is equidistant ([0007]: each of the at least three wires each has a center point that forms a vertex of a first triangle about the second center point; [0059]: the stiffening core 502 is a single structure having longitudinally extending recessions or grooves spaced about the circumference to receive three wires 504; [0060]: the recesses are evenly spaced around the circumference as shown based on the number of wires 504 included … As depicted, however, the recesses and associated wires 504 are spaced at 120.degree.).
Claims 78-80 are rejected under 35 U.S.C. 103 as being unpatentable over Patil in view of Burkett as applied to claim 75 above, and further in view of Cheng et al. (U.S. Pub. No. 20200146749, previously cited), herein referred to as “Cheng”.
Regarding claim 78, Patil in view of Burkett fails to disclose: a radio frequency emitter supported by the flexible medical guidewire assembly; and the radio frequency emitter is configured to cauterize tissue.
However, Cheng discloses a radio frequency emitter (ring electrode 11) supported by the flexible medical guidewire assembly ([0038]: a ring electrode 11 annularly provided at a head of the catheter body 10); and
the radio frequency emitter is configured to cauterize tissue ([0040]: the ring electrode 11 both generate a radiofrequency current, and the radiofrequency current is injected into the lesion tissue, such that ions in the lesion tissue change along with the change of the current direction. The temperature of the lesion tissue raises, and when the temperature exceeds a certain temperature (generally 60° C.), the lesion tissue can be killed, thereby finally coagulating).
Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the apparatus of Patil in view of Burkett to include the radio frequency emitter, as taught by Cheng for the purpose of the radiofrequency emitter/ring electrode to enable the lesion tissue can be killed, thereby finally coagulating and inactivating tumor tissue to achieve a curative purpose (Cheng: [0040]).
Regarding claim 79, Patil in view of Burkett and Cheng discloses wherein: the flexible medical guidewire assembly includes a tip portion; and the radio frequency emitter is mounted to the tip portion (Cheng: [0038]: a ring electrode 11 annularly provided at a head of the catheter body 10).
Regarding claim 80, Patil in view of Burkett fails to disclose a sharp mounted to the tip portion, the sharp configured to cut tissue.
However, Cheng discloses a sharp (ablation needle 13) mounted to the tip portion ([0038]: an ablation needle 13 provided in the catheter body 10 and capable of moving forward or backward; [0040]: The ablation needle 13, when applied, may push out from the head of catheter body 10 and penetrate into the lesion tissues), the sharp configured to cut tissue ([0040]: The ablation needle 13, when applied, may push out from the head of catheter body 10 and penetrate into the lesion tissues).
Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the apparatus of Patil in view of Burkett to include a sharp, as taught by Cheng for the purpose of the sharp enabling penetration into the lesion tissue (Cheng: [0040]).
Claim 82 is rejected under 35 U.S.C. 103 as being unpatentable over Patil in view of Burkett as applied to claim 75 above, and further in view of Caron et al. (U.S. Pub. No. 20200305733, previously cited), herein referred to as “Caron”.
Regarding claim 82, Patil fails to disclose wherein: the flexible medical guidewire assembly includes type 304 stainless steel with a chromium content between 15% to 20% and a nickel content between 2% and 10.5%.
However, Caron discloses wherein: the flexible medical guidewire assembly includes type 304 stainless steel with a chromium content between 15% to 20% and a nickel content between 2% and 10.5% ([0083]: Preferably the coil and the core of the guidewire are made from stainless steel having high stiffness, e.g. 304V stainless steel; wherein it is known that type 304 stainless steel has chromium and nickel content in those ranges). Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the flexible medical guidewire assembly of Patil in view of Burkett to include type 304 stainless steel, as taught by Caron, for the purpose of the material having a high stiffness and biocompatibility (Caron: [0084]).
Claim 86 is rejected under 35 U.S.C. 103 as being unpatentable over Patil in view of Burkett as applied to claim 75 above, and further in view of Jensrud et al. (U.S. Pub. No. 20200037922, previously cited), herein referred to as “Jensrud”.
Regarding claim 86, Patil in view of Burkett fails to explicitly disclose wherein: the sensor assembly includes: an electrical sensor device configured to transmit an electrical signal.
However, Jensrud discloses wherein: the sensor assembly includes: an electrical sensor device configured to transmit an electrical signal ([0042]: handle 22 may include one or more electromechanical connectors 24 configured to allow the catheter 10, and the electrodes 18, 20 thereof, in particular, to be coupled with components or subsystems of, for example, an electrophysiology (EP) laboratory system. Such components or subsystems may comprise, for example and without limitation, a visualization, navigation, and/or mapping system, an EP monitoring and recording system (e.g., for monitoring and/or recording electrocardiograms (EGM), cardiac signals, etc.), a tissue contact sensing system, an ablation system, a cardiac stimulation system (i.e., EP stimulator), and the like). Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the apparatus of Patil in view of Burkett to include an electrical sensor device, as taught by Jensrud for the purpose of enabling visualization or navigation or for monitoring and/or recording electrocardiograms (EGM), cardiac signals, etc. (Jensrud: [0040]).
Claims 87-88 are rejected under 35 U.S.C. 103 as being unpatentable over Patil in view of Burkett as applied to claim 75 above, and further in view of Romanowski et al. (U.S. Pub. No. 20180000420, previously cited), herein referred to as “Romanowski”.
Regarding claim 87, Patil discloses wherein:
the flexible medical guidewire assembly includes an electrical wire of the at least one electrical wire (conducting wires 30) extending along a length of the flexible medical guidewire assembly ([0084]: one or more conducting wires 30 electrically coupled to each of the respective electrodes 18 may extend proximally from the assembly 16); and
the electrical wire of the at least one electrical wire is electrically connected to the sensor assembly ([0084]: one or more conducting wires 30 electrically coupled to each of the respective electrodes 18 may extend proximally from the assembly 16); and
the electrical wire of the at least one electrical wire extends from the sensor assembly toward a terminal end of the flexible medical guidewire assembly ([0084]: one or more conducting wires 30 electrically coupled to each of the respective electrodes 18 may extend proximally from the assembly 16), and terminates at a terminal contact positioned at the terminal end of the flexible medical guidewire assembly.
But Patil fails to explicitly disclose wherein the electrical wire extends from the sensor assembly toward a terminal end of the flexible medical guidewire assembly, and terminates at a terminal contact positioned at the terminal end of the flexible medical guidewire assembly.
However, Romanowski discloses wherein the electrical wire extends from the sensor assembly toward a terminal end of the flexible medical guidewire assembly, and terminates at a terminal contact positioned at the terminal end of the flexible medical guidewire assembly ([0021]: Sensor 108 is configured to electrically communicate with interface cable 104 and thus external device 106 … external device 106, interface cable 104, and guidewire assembly 102 are configured such that signals generated by sensor 108 are transmitted through guidewire assembly 102, to interface cable 104, and to external device 106 so as to communicate information obtained by sensor 108, such as location, position, or physiological data, to a user). Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the apparatus of Patil in view of Burkett to include the communication connectivity of Romanowski for the purpose of communicating information obtained by sensor, such as location, position, or physiological data, to a user (Romanowski: [0021]).
Regarding claim 88, Patil in view of Burkett fails to disclose:
a sensor-interface system configured to interface with the sensor assembly; and
the sensor-interface system is also configured to exchange a signal with the sensor assembly;
a signal measurement system; and
wherein the sensor-interface system is also configured to be electrically connectable to the signal measurement system.
However, Romanowski discloses a sensor-interface system (external device 106) configured to interface with the sensor assembly ([0021]: Sensor 108 is configured to electrically communicate with interface cable 104 and thus external device 106); and
the sensor-interface system is also configured to exchange a signal with the sensor assembly ([0021]: Sensor 108 is configured to electrically communicate with interface cable 104 and thus external device 106);
a signal measurement system ([0021]: external device 106, interface cable 104, and guidewire assembly 102 are configured such that signals generated by sensor 108 are transmitted through guidewire assembly 102, to interface cable 104, and to external device 106 so as to communicate information obtained by sensor 108, such as location, position, or physiological data, to a user); and
wherein the sensor-interface system is also configured to be electrically connectable to the signal measurement system ([0021]: Sensor 108 is configured to electrically communicate with interface cable 104 and thus external device 106).
Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the apparatus of Patil in view of Burkett to include the communication connectivity of Romanowski for the purpose of communicating information obtained by sensor, such as location, position, or physiological data, to a user (Romanowski: [0021]).
Claim 89 is rejected under 35 U.S.C. 103 as being unpatentable over Patil in view of Burkett as applied to claim 75 above, and further in view of Cheng and Patil et al. (U.S. Pub. No. 20140142398, previously cited), herein referred to as “Patil 2”.
Regarding claim 89, Patil in view of Burkett fails to disclose wherein:
the flexible medical guidewire assembly comprises a distal electrode; and
the distal electrode comprises a radio frequency emitter, in which the radio frequency emitter is configured to provide energy of an amount to puncture adjacently positioned tissue of the living body positioned adjacent to the distal electrode, once the flexible medical guidewire assembly is inserted into the confined space defined by the living body, and once the distal electrode is activated; and
the sensor assembly comprises a plurality of electrical sensor devices being spaced apart from each other, and being fixedly positioned along a longitudinal length of the flexible medical guidewire assembly; and
a plurality of terminal portions is positioned as a proximal end of the flexible medical guidewire assembly; and
the plurality of terminal portions is electrically coupled to respective one of the plurality of electrical sensor devices; and
the plurality of terminal portions is configured to be selectively electrically connectable to, and removable from, an electrical-connector assembly.
However, Cheng discloses the flexible medical guidewire assembly comprises a distal electrode (ring electrode 11 & ablation needle 13; [0038]: a ring electrode 11 annularly provided at a head of the catheter body 10; [0040]: The ablation needle 13 and the ring electrode 11 cooperate with each other and are mainly used to perform ablation therapy on lesion tissues); and
the distal electrode comprises a radio frequency emitter, in which the radio frequency emitter is configured to provide energy of an amount to puncture adjacently positioned tissue of the living body positioned adjacent to the distal electrode, once the flexible medical guidewire assembly is inserted into the confined space defined by the living body, and once the distal electrode is activated ([0040]: The ablation needle 13, when applied, may push out from the head of catheter body 10 and penetrate into the lesion tissues … ablation needle 13 and the ring electrode 11 both generate a radiofrequency current, and the radiofrequency current is injected into the lesion tissue, such that ions in the lesion tissue change along with the change of the current direction. The temperature of the lesion tissue raises, and when the temperature exceeds a certain temperature (generally 60° C.), the lesion tissue can be killed, thereby finally coagulating and inactivating tumor tissue to achieve a curative purpose).
Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the apparatus of Patil in view of Burkett to include the radio frequency emitter, as taught by Cheng for the purpose of the radiofrequency emitter/ring electrode to enable the lesion tissue can be killed, thereby finally coagulating and inactivating tumor tissue to achieve a curative purpose (Cheng: [0040]).
But Patil in view of Cheng fail to disclose:
the sensor assembly comprises a plurality of electrical sensor devices being spaced apart from each other, and being fixedly positioned along a longitudinal length of the flexible medical guidewire assembly; and
a plurality of terminal portions is positioned as a proximal end of the flexible medical guidewire assembly; and
the plurality of terminal portions is electrically coupled to respective one of the plurality of electrical sensor devices; and
the plurality of terminal portions is configured to be selectively electrically connectable to, and removable from, an electrical-connector assembly.
However, Patil 2 discloses wherein:
the sensor assembly comprises a plurality of electrical sensor devices (electrode 50) being spaced apart from each other, and being fixedly positioned along a longitudinal length of the flexible medical guidewire assembly ([0271]: The electrodes may also be arranged as distributed electrodes 50 as shown in FIG. 22 where multiple electrodes may be used); and
a plurality of terminal portions is positioned as a proximal end of the flexible medical guidewire assembly ([0275]: The guide wire may also comprise multiple terminals that are spaced apart. In a specific example a first terminal and a second terminal are used that are spaced apart by a separator there between; [0276]: In some embodiments, the guide wire may also comprise a third terminal and a fourth terminal and wire. Separation and/or separators may be provided between the first, second, third, and/or fourth terminal. Any number of wires connected to discrete terminals may be provided in various embodiments of the invention); and
the plurality of terminal portions is electrically coupled to respective one of the plurality of electrical sensor devices ([0277]: Separate electrically conductive wires or conductor wires may be additionally used or may be integrated with the guide wires and are used to connect the distal electrodes to the proximal end); and
the plurality of terminal portions is configured to be selectively electrically connectable to, and removable from, an electrical-connector assembly ([0269]: Excitation source 24 is used for exciting a set of electrodes of diagnostic element 15 via reference resistance 26, and the voltage measurements VM1 28, VM2 29, VM3 23, and VM4 25 (also referred to as output voltages in the description of specific embodiments) are received and measured after the excitation. It would be appreciated by those skilled in the art that other topologies for making these measurements are possible and are included herein. Measurements, such as electrical measurements as shown, may be taken between two or more electrodes).
Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the apparatus of Patil in view of Burkett and Cheng to include the plurality of terminal portions, as taught by Patil 2 for the purpose of enabling the voltage distribution, for a given excitation with frequency diversity, between the two electrodes to be measured continuously as the diagnostic element is advanced through the vessel, the voltage distribution between the electrodes is indicative of the cross-sectional area of the lumen or volume of interest with the lumen, and is used for determining these lumen dimensions (Patil 2: [0269]).
Claim 95 is rejected under 35 U.S.C. 103 as being unpatentable over Patil in view of Burkett as applied to claim 75 above, and further in view of Govari et al. (U.S. Pub. No. 20210093374, previously cited), herein referred to as “Govari”.
Regarding claim 95, Patil in view of Burkett fails to disclose wherein:
The insulating jacket element defines at least one jacket channel; and each of the at least one electrical wire is received in a respective jacket channel of the at least one jacket channel.
However, Govari discloses wherein:
the insulating jacket element (inner portion 64) defines at least one jacket channel (lumens 60); and
each of the at least one electrical wire is received in a respective jacket channel of the at least one jacket channel ([0062]: a plurality of cables 68 with respective cables 68 disposed in respective ones of the lumens 60-3, 60-5, 60-7, 60-9. Each cable 68 is electrically coupled to the connector 47 (FIG. 1) and a respective group of the electrodes 48 (FIG. 1)). Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the jacket element of Patil in view of Burkett to define at least one jacket channel, as taught by Govari, for the purpose of disposing the cables and mechanical elements in separate lumens allows the mechanical elements to operate freely and helps isolate the cables from problematic static that would be caused by movement of the mechanical elements (Govari: [0039]).
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 Abigail M Ziegler whose telephone number is (571) 272-1991. The examiner can normally be reached M-F 8:30 a.m. - 5 p.m. EST.
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/ABIGAIL M ZIEGLER/Examiner, Art Unit 3794
/BEVERLY M FLANAGAN/Primary Examiner, Art Unit 3794
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