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 office action is responsive to the amendment filed on 09/15/2025. As directed by the amendment: claims 1, 6 have been amended; claim 8 has been canceled; and no new claims have been added. Thus, claims 1-7 are presently pending in this application.
Applicant’s amendments to Claims have overcome the 112(b) rejections previously set forth in the office action mailed 05/14/2025.
Response to Arguments
Applicant’s argument pages 4-5 of the remarks filed 09/15/2025 that Brennen fails to disclose the amended limitation. Applicant’s argument has been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground of rejection has been made, as seen below.
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(s) 2 is/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.
Regarding claim 2, the phrase "a coil element provided in the distal end of the main tube" renders the claim indefinite because it is unclear whether this limitation is the same as or different from the limitation “a coil element provided in the distal end of the main tube” recited in claim 1.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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(s) 1-4, 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Brennen et al. (US 5,439,006) in view of Jalgaonkar et al. (US 2019/0366036).
Regarding claim 1, Brennen discloses
A bendable catheter (figs. 1-11 and col. 6 line 8 to col. 8 line 45) comprising:
a flexible tubular main tube (10, fig. 1) having a distal end (distal end of 10) and a proximal end (proximal end of 10) and a first lumen (13, figs. 8-10) extending therebetween (see figs. 1 and 8-10) for insertion of a guide wire (Examiner notes: the limitation “for insertion of a guide wire” is interpreted as functional limitation. The limitation “a guide wire” is not positively recited in claim 1. Since main tube 10 has lumen 13 capable of allowing a guide wire to be inserted within), the main tube (10) having a first side hole (20, fig. 1) formed on the distal end (distal end of 10), the main tube (10) having a second lumen open to the side hole (lumen of 10 defined from proximal opening to side hole 18 to side hole 20 to distal opening, and lumen of 10 filled by steering wire 12, figs. 1 and 8), the main tube (10) having a steering wire (12), the steering wire (12) having a distal end (distal end of 12) and a proximal end (proximal end of 12), the distal end of the steering wire (distal end of 12) attached on the distal end of the main tube (at attachment 23, fig. 8), the steering wire (12) configured to pass over an outer surface of the main tube (see figs. 1 and 8) and enter into the first side hole (20, see figs. 1 and 8), the proximal end of the steering wire (proximal end of 12) configure to be pulled or pushed for bending the distal end of the main tube (col. 6 line 63 to col. 7 line 29).
Brennen is silent about wherein the bendable catheter further comprising a coil element provided in the distal end of the main tube, and the coil element is provided to extend along the periphery of the first lumen and encircle the first lumen in a spiral shape for reinforcing the first lumen.
However, Jalgaonkar teaches a catheter (10, figs. 1-2) comprising a coil element (36) provided in the distal end of the main tube (see fig. 2 and par. 0078), and the coil element (36) is provided to extend along the periphery of the first lumen and encircle the first lumen in a spiral shape for reinforcing the first lumen (see fig. 2 and pars. 0078-0079).
It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to modify Brennen’s bendable catheter by adding a coil element, as taught by Jalgaonkar, for the purpose of supporting the catheter and increasing the structural integrity of the catheter to help prevent kinking or buckling upon bending or rotation of the catheter while allowing the catheter to remain relatively flexible (pars. 0038-0040 of Yagi).
Regarding claim 2, Brennen in view of Jalgaonkar discloses the bendable catheter according to claim 1,
Jalgaonkar further teaches a coil element provided in the distal end of the main tube (see fig. 2 and par. 0078 for coil 36).
Regarding claim 3, Brennen in view of Jalgaonkar discloses the bendable catheter according to claim 1,
Brennen further discloses a steering part (28, fig. 1) provided in the proximal end of the main tube (proximal end of 10).
Regarding claim 4, Brennen in view of Jalgaonkar discloses the bendable catheter according to claim 1,
Brennen further discloses a second side hole (18, figs. 1 and 8) formed on the distal end of the main tube (distal end of 10).
Regarding claim 6, Brennen discloses
A bendable catheter (figs. 1-11 and col. 6 line 8 to col. 8 line 45) comprising: a flexible tubular main tube (10, fig. 1) having a distal end (distal end of 10) and a proximal end (proximal end of 10) and a first lumen (13, figs. 8-10) extending therebetween (see figs. 1 and 8-10) for insertion of a guide wire (Examiner notes: the limitation “for insertion of a guide wire” is interpreted as functional limitation. The limitation “a guide wire” is not positively recited in claim 6. Since main tube 10 has lumen 13 capable of allowing a guide wire to be inserted within), the main tube (10) having a first side hole (20, fig. 1) formed on the distal end (distal end of 10), the main tube (10) having a second lumen open to the side hole (lumen of 10 defined from proximal opening to side hole 18 to side hole 20 to distal opening, and lumen of 10 filled by steering wire 12, figs. 1 and 8), the main tube (10) having a steering wire (12), the steering wire (12) having a distal end (distal end of 12) and a proximal end (proximal end of 12), the main tube (10) having an anchor (23) provided in the distal end of the main tube (see fig. 8), the distal end of the steering wire (distal end of 12) attached on the anchor (23), the proximal end of the steering wire (proximal end of 12) configured to be pulled or pushed for bending the distal end of the main tube (col. 6 line 63 to col. 7 line 29).
Brennen is silent about wherein the bendable catheter further comprising a coil element provided in the distal end of the main tube, and the coil element is provided to extend along the periphery of the first lumen and encircle the first lumen in a spiral shape for reinforcing the first lumen.
However, Jalgaonkar teaches a catheter (10, figs. 1-2) comprising a coil element (36) provided in the distal end of the main tube (see fig. 2 and par. 0078), and the coil element (36) is provided to extend along the periphery of the first lumen and encircle the first lumen in a spiral shape for reinforcing the first lumen (see fig. 2 and pars. 0078-0079).
It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to modify Brennen’s bendable catheter by adding a coil element, as taught by Jalgaonkar, for the purpose of supporting the catheter and increasing the structural integrity of the catheter to help prevent kinking or buckling upon bending or rotation of the catheter while allowing the catheter to remain relatively flexible (pars. 0038-0040 of Yagi).
Claim(s) 5, 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Brennen et al. (US 5,439,006) in view of Jalgaonkar et al. (US 2019/0366036) in further view of Webster et al. (US 8,758,325).
Regarding claim 5, Brennen in view of Jalgaonkar discloses the bendable catheter according to claim 1, as set forth above, except for further comprising at lease a marker band arranged on the distal end of the main tube.
However, Webster teaches a tube (100) comprising at least a marker band (110/112) arranged on the distal end of the main tube (see fig. 1 and col. 9 lines 51-60).
It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to modify Brenne main tube by adding at least a marker band, as taught by Webster, for the purpose of improving radiopaque materials to the distal end of the main tube to allow user to identify the location of the distal end of the main tube during the procedure (col. 9 lines 51-60 of Webster).
Regarding claim 7, Brennen in view of Jalgaonkar discloses the bendable catheter according to claim 6, as set forth above, except for further comprising at lease a marker band arranged on the distal end of the main tube.
However, Webster teaches a tube (100) comprising at least a marker band (110/112) arranged on the distal end of the main tube (see fig. 1 and col. 9 lines 51-60).
It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to modify Brenne main tube by adding at least a marker band, as taught by Webster, for the purpose of improving radiopaque materials to the distal end of the main tube to allow user to identify the location of the distal end of the main tube during the procedure (col. 9 lines 51-60 of Webster).
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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/DUNG T ULSH/Examiner, Art Unit 3783