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
During a telephone conversation with Thomas Lundin on 12/29/25 a provisional election was made without traverse to prosecute the invention of Species B, claims 1-29. Affirmation of this election must be made by applicant in replying to this Office action.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 2, and 6 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 15 of U.S. Patent No. 10449073. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 15 of ‘073 anticipates the claim 1 of the instant application as shown in the mapping below.
Claims 15, 16, and 20 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 15 of U.S. Patent No. 10449073 in view of Bessho (US2017/0216063)
Claim 15 of Patent ‘073 recites all the limitations of claim 15 of the instant application, except for an intraluminal stent, wherein the intraluminal stent is between the inner core and outer sheath. Bessho teaches a handle with a thumbwheel 3 for rotating a barrel 4 to actuate a timing belt 6/7 (see Abstract). Where the assembly is for delivering an intraluminal stent disposed between an inner shaft 1 and an outer shaft 2 ([0065]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed application to have substituted the delivery element of ‘073 for the intraluminal stent to be delivered between the inner core and outer sheath as taught by Bessho, since the substitution would have yielded the same predictable result of providing an implant to be delivered by the assembly by retracting one shaft relative to the other.
Claims 29 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 15 of U.S. Patent No. 10449073. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 15 of ‘073 anticipates the claim 29 of the instant application as shown in the mapping below.
Application 17846070 claims
Patent 10449073 claims
a device for withdrawing a sheath from a support shaft, the device comprising:
a housing;
a flexible timing belt, having a plurality of belt teeth on a surface thereof;
a timing belt link coupled to the sheath such that movement of the timing belt link causes movement of the sheath;
a barrel within the handle and having barrel teeth extending therefrom and corresponding to the belt teeth for directly engaging the belt teeth, the barrel rotatably coupled to the housing such that rotation of the barrel causes movement of the barrel such that the barrel teeth engage at least one of the belt teeth to cause movement of the timing belt causing movement of the sheath via the timing belt link,
wherein the timing belt link comprises: a first part comprising an upper body portion and at least two extension arms extending in a common direction from the upper body portion; and
a second part comprising two end pieces having a cut out for the sheath to pass through and at least one rail extending between the end pieces to couple the end pieces to one another;
wherein the first part is engageable with the second part with an interference fit between at least one of the extension arms and the second part such that the timing belt link is operatively coupleable with the sheath when the first part is engaged with the second part.
1. A delivery device comprising:
a catheter (support shaft) having three concentric shafts including an inner core, an outer sheath over the inner core and an outer support shaft;
a continuous timing belt having a first plurality of belt teeth and a second plurality of belt teeth extending from the timing belt in a direction opposite the first plurality of belt teeth (claim 2 of ‘070);
a timing belt link coupled to the outer sheath such that movement of the timing belt link causes movement of the outer sheath; a barrel having barrel teeth corresponding to and engaging a tooth of at least one of the first plurality of belt teeth and the second plurality of belt teeth; and
a thumbwheel having an axis and joined with the barrel such that rotation of the thumbwheel about the axis causes movement of the barrel to cause movement of the timing belt to cause movement of the outer sheath.
15. The delivery device of claim 1, wherein the timing belt link comprises:
a first timing belt link part including:
an upper body portion,
extension arms extending in a common direction from the upper body portion, and
engagement grooves complimentary to the belt teeth of the timing belt (claim 6 of ‘070); and
a second timing belt link part including
a lower body portion having:
two U-shaped end pieces having a substantially circular center cut out sized to receive the circumference of the outer sheath and
upper side rails extending substantially parallel to one another from one U-shaped end piece to another U-shaped end piece;
wherein the first timing belt link part extends over the timing belt link such that at least one of the belt teeth engages at least one of the engagement grooves and the extension arms extend over the timing belt and under a lower portion of the outer sheath, and
wherein the second timing belt link part is over a portion of the extension arms of the first timing belt link part and snap fit (interference fit) around a portion of the outer sheath.
2. The device of claim 1, wherein the plurality of belt teeth comprises a first plurality of belt teeth and a second plurality of belt teeth and wherein the first plurality of belt teeth protrudes in a first direction from the timing belt and the second plurality of belt teeth protrudes in a second direction from the timing belt.
See claim 1.
6. The device of claim 1, wherein the upper body portion comprises at least one engagement groove complimentary to the belt teeth.
See claim 15.
15. A kit, comprising:
an intraluminal stent;
a delivery device comprising:
a catheter having three concentric shafts including an inner core, an outer sheath over the inner core and an outer support shaft, wherein the intraluminal stent is between the inner core and outer sheath;
a housing;
a flexible timing belt, having a plurality of belt teeth on a surface thereof;
a timing belt link coupled to the sheath such that movement of the timing belt link causes movement of the outer sheath;
a barrel within the handle and having barrel teeth extending therefrom and corresponding to belt teeth for directly engaging the belt teeth, the barrel rotatably coupled to the housing such that rotation of the barrel causes movement of the barrel such that the barrel teeth engage at least one of the belt teeth to cause movement of the timing belt causing movement of the outer sheath via the timing belt link, wherein the timing belt link comprises: a first part comprising an upper body portion and at least two extension arms extending in a common direction from the upper body portion; and a second part comprising two end pieces having a cut out for the sheath to pass through and at least one rail extending between the end pieces to couple the end pieces to one another; wherein the first part is engageable with the second part with an interference fit between at least one of the extension arms and the second part such that the timing belt link is operatively coupleable with the outer sheath when the first part is engaged with the second part.
1. A delivery device comprising:
a catheter having three concentric shafts including an inner core, an outer sheath over the inner core and an outer support shaft;
a continuous timing belt having a first plurality of belt teeth and a second plurality of belt teeth extending from the timing belt in a direction opposite the first plurality of belt teeth (claim 2 of ‘070);
a timing belt link coupled to the outer sheath such that movement of the timing belt link causes movement of the outer sheath; a barrel having barrel teeth corresponding to and engaging a tooth of at least one of the first plurality of belt teeth and the second plurality of belt teeth; and
a thumbwheel having an axis and joined with the barrel such that rotation of the thumbwheel about the axis causes movement of the barrel to cause movement of the timing belt to cause movement of the outer sheath.
15. The delivery device of claim 1, wherein the timing belt link comprises:
a first timing belt link part including:
an upper body portion,
extension arms extending in a common direction from the upper body portion, and
engagement grooves complimentary to the belt teeth of the timing belt (claim 20 of ‘070); and
a second timing belt link part including
a lower body portion having:
two U-shaped end pieces having a substantially circular center cut out sized to receive the circumference of the outer sheath and
upper side rails extending substantially parallel to one another from one U-shaped end piece to another U-shaped end piece;
wherein the first timing belt link part extends over the timing belt link such that at least one of the belt teeth engages at least one of the engagement grooves and the extension arms extend over the timing belt and under a lower portion of the outer sheath, and
wherein the second timing belt link part is over a portion of the extension arms of the first timing belt link part and snap fit (interference fit) around a portion of the outer sheath.
16. The kit of claim 15, wherein the plurality of belt teeth comprises a first plurality of belt teeth and a second plurality of belt teeth and wherein the first plurality of belt teeth protrudes in a first direction from the timing belt and the second plurality of belt teeth protrudes in a second direction from the timing belt.
See claim 1.
20. The kit of claim 15, wherein the upper body portion comprises at least one engagement groove complimentary to the belt teeth.
See claim 15.
29. A delivery device comprising:
a catheter having three concentric shafts including an inner core, an outer sheath over the inner core and an outer support shaft;
a continuous timing belt having a first plurality of belt teeth and a second plurality of belt teeth extending from the timing belt in a direction opposite the first plurality of belt teeth;
a timing belt link coupled to the outer sheath such that movement of the timing belt link causes movement of the outer sheath;
a barrel having barrel teeth corresponding to and engaging a tooth of at least one of the first plurality of belt teeth and the second plurality of belt teeth; and
a thumbwheel having an axis and joined with the barrel such that rotation of the thumbwheel about the axis causes movement of the barrel to cause movement of the timing belt to cause movement of the outer sheath wherein the timing belt link comprises:
a first part comprising an upper body portion and at least two extension arms extending in a common direction from the upper body portion; and
a second part comprising two end pieces having a cut out for the sheath to pass through and at least one rail extending between the end pieces to couple the end pieces to one another;
wherein the first part is engageable with the second part with an interference fit between at least one of the extension arms and the second part.
1. A delivery device comprising:
a catheter having three concentric shafts including an inner core, an outer sheath over the inner core and an outer support shaft;
a continuous timing belt having a first plurality of belt teeth and a second plurality of belt teeth extending from the timing belt in a direction opposite the first plurality of belt teeth;
a timing belt link coupled to the outer sheath such that movement of the timing belt link causes movement of the outer sheath; a barrel having barrel teeth corresponding to and engaging a tooth of at least one of the first plurality of belt teeth and the second plurality of belt teeth; and
a thumbwheel having an axis and joined with the barrel such that rotation of the thumbwheel about the axis causes movement of the barrel to cause movement of the timing belt to cause movement of the outer sheath.
15. The delivery device of claim 1, wherein the timing belt link comprises:
a first timing belt link part including:
an upper body portion,
extension arms extending in a common direction from the upper body portion, and
engagement grooves complimentary to the belt teeth of the timing belt; and
a second timing belt link part including
a lower body portion having:
two U-shaped end pieces having a substantially circular center cut out sized to receive the circumference of the outer sheath and
upper side rails extending substantially parallel to one another from one U-shaped end piece to another U-shaped end piece;
wherein the first timing belt link part extends over the timing belt link such that at least one of the belt teeth engages at least one of the engagement grooves and the extension arms extend over the timing belt and under a lower portion of the outer sheath, and
wherein the second timing belt link part is over a portion of the extension arms of the first timing belt link part and snap fit (interference fit) around a portion of the outer sheath.
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 9 and 23 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.
Claims 9 and 23 recite the limitation "the lower body portion". There is insufficient antecedent basis for this limitation in the claim.
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 1-28 are rejected under 35 U.S.C. 103 as being unpatentable over Bessho (US2017/0216063) in view of Weber (US2015/0265445).
Regarding claim 1, Bessho discloses a device for withdrawing a sheath (outer shaft 2) from a support shaft (inner shaft 1) ([0085]), the device comprising:
a housing (operating handle H body, [0066]);
a timing belt (rack 6/7), having a plurality of belt teeth on a surface thereof (teeth 6A, 7A, [0075]);
a timing belt link (ring-like member R, [0081]) coupled to the sheath such that movement of the timing belt link causes movement of the sheath ([0081], [0091]);
a barrel (pinion 4) within the handle and having barrel teeth (teeth 4A of pinion) extending therefrom and corresponding to the belt teeth for directly engaging the belt teeth ([0092], see Fig. 8), the barrel rotatably coupled to the housing such that rotation of the barrel causes movement of the barrel such that the barrel teeth engage at least one of the belt teeth ([0091]) to cause movement of the timing belt causing movement of the sheath via the timing belt link ([0092]),
wherein the timing belt link comprises:
a first part (part with recess 6B) comprising an upper body portion (body portion where the arms of the recess 6B extend from, see Fig. 5A) and at least two extension arms (two arms of recess 6B) extending in a common direction from the upper body portion (see Fig. 5A); and
a second part (part with recess 7B) comprising two end pieces (two arms of recess 7B) having a cut out (cut out portion that outer shaft 2 extends through see Fig. 5A) for the sheath to pass through and at least one rail (protrusion 6C, [0074]) extending between the end pieces to couple the end pieces to one another (see Fig. 5A, [0074]);
wherein the first part is engageable with the second part with an interference fit (the components abut, and therefore are interpreted as engageable with an interference fit, see Fig. 5A) between at least one of the extension arms and the second part such that the timing belt link is operatively coupleable with the sheath when the first part is engaged with the second part (see Fig. 5A).
Bessho does not explicitly disclose the timing belt being flexible. Weber teaches a rack 214/232 (interpreted as the timing belt) that is actuated that can be made of a variety of materials, where the materials exhibit flexibility ([0071]). 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 timing belt of Bessho to be made of a material with some degree of flexibility as taught by Weber, since the selection of an obvious material for a known purpose would have been within the purview of one having ordinary skill in the art.
Regarding claim 2, Bessho/Weber makes obvious the device of claim 1, Bessho further discloses wherein the plurality of belt teeth comprises a first plurality of belt teeth (teeth 6A) and a second plurality of belt teeth (teeth 7A) and wherein the first plurality of belt teeth protrudes in a first direction from the timing belt and the second plurality of belt teeth protrudes in a second direction from the timing belt (see Fig. 5A).
Regarding claim 3, Bessho/Weber makes obvious the device of claim 2, Bessho further discloses wherein the first direction is different from the second direction (the extension directions of the belt teeth 6A, 7A protrude on both sides to a peak and have a V shape, see Fig. 5A, where one side of the V for body 6 is interpreted as the first direction of the teeth 6A, and the other side of the V for body 7 is interpreted as the second direction of the teeth 7A).
Regarding claim 4, Bessho/Weber makes obvious the device of claim 2, Bessho further discloses wherein the first direction and the second direction are parallel (the extension directions of the belt teeth 6A, 7A protrude on both sides to a peak and have a V shape, see Fig. 5A, where one side of the V for body 6 is interpreted as the first direction of the teeth 6A, and the same side of the V for body 7 is interpreted as the second direction of the teeth 7A).
Regarding claim 5, Bessho/Weber makes obvious the device of claim 1, Bessho further disclose wherein the upper body portion comprises at least one protrusion (protrusion that extends to the rail 6C, see Fig. 5A) between the at least two extension arms.
Regarding claim 6, Bessho/Weber makes obvious the device of claim 1, Bessho further discloses wherein the upper body portion comprises at least one engagement groove (groove that receives the protrusion 6C, [0074]) complimentary to the belt teeth (the groove is interpreted as complimentary to the belt teeth by being in alignment with the belt teeth as shown in Fig. 5A).
Regarding claim 7, Bessho/Weber makes obvious the device of claim 1; yet, does not explicitly disclose wherein the at least two extension arms comprise distal ends biased towards the timing belt. Weber teaches a rack 214/232 (interpreted as the timing belt) and has other components of the assembly for retracting a sheath can be made of a variety of materials, where the materials exhibit biasing, when using a shape memory material ([00712). 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 extension arms of Bessho to be made of a biasing material that biases the arms toward the timing belt as taught by Weber, in order for the arms to better hold on the protrusion ([0073]).
Regarding claim 8 Bessho/Weber makes obvious the device of claim 1; yet, does not explicitly disclose wherein the at least two extension arms comprise distal ends biased away from the timing belt. Weber teaches a rack 214/232 (interpreted as the timing belt) and other components of the assembly for retracting a sheath can be made of a variety of materials, where the materials exhibit biasing, when using a shape memory material ([00712). 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 extension arms of Bessho to be made of a biasing material that biases the arms away from the timing belt as taught by Weber, in order for the arms to be decouplable from the protrusion ([0073]).
Regarding claim 9, Bessho/Weber makes obvious the device of claim 1, Bessho further discloses wherein the at least two extension arms comprise a protrusion (protrusion of the extension arm that define the recess 6B) for capturing the upper body portion in the lower body portion (engaged with protrusion 11A, [0073]).
Regarding claim 10, Bessho/Weber makes obvious the device of claim 1, Bessho further discloses wherein the second part comprises an intermediate carrier (second proximal part with recess 7B, see Fig. 5A) connected to the at least one rail ([0074]).
Regarding claim 11, Bessho/Weber makes obvious the device of claim 1, Bessho further discloses wherein the second part comprises a slot (where second part receives protrusion 6C) for receiving a protrusion on the upper body portion between the end pieces (see Fig. 5A, [0074]).
Regarding claim 12, Bessho/Weber makes obvious the device of claim 10, wherein the intermediate carrier further comprises a notch (second proximal recess 7B) for receiving a protrusion on the upper body portion (protrusion 6C received by recess 7B, [0074]).
Regarding claim 13, Bessho/Weber makes obvious the device of claim 10, Bessho further discloses wherein the second part further comprises a slot (where second part receives protrusion) for receiving a protrusion on the upper body portion between the end pieces and the intermediate carrier (see Fig. 5A, [0074]).
Regarding claim 14, Bessho/Weber makes obvious the device of claim 1, Bessho further discloses wherein the timing belt is operatively coupleable to the sheath by a portion of the sheath having a protrusion (proximal end of the outer shaft 2) complementary-sized to be received within the timing belt link (receiving within recesses of timing belt 7, see Fig. 5A).
Regarding claim 15, Bessho discloses a kit, comprising:
an intraluminal stent (stent ST);
a delivery device comprising:
a catheter having three concentric shafts including an inner core (1), an outer sheath (2) over the inner core and an outer support shaft (P, [0064]), wherein the intraluminal stent is between the inner core and outer sheath ([0065]);
a housing (operating handle H body, [0066]);
a timing belt (ring-like member R, [0081]), having a plurality of belt teeth (teeth 6A, 7A, [0075]) on a surface thereof;
a timing belt link (ring-like member R, [0081]) coupled to the sheath such that movement of the timing belt link causes movement of the outer sheath ([0081], [0091]);
a barrel (pinion 4) within the handle and having barrel teeth (teeth 4A of pinion) extending therefrom and corresponding to belt teeth for directly engaging the belt teeth ([0092], see Fig. 8), the barrel rotatably coupled to the housing such that rotation of the barrel causes movement of the barrel such that the barrel teeth engage at least one of the belt teeth ([0091]) to cause movement of the timing belt causing movement of the outer sheath via the timing belt link ([0092]), wherein the timing belt link comprises: a first part (part with recess 6B) comprising an upper body portion (body portion where the arms of the recess 6B extend from, see Fig. 5A) and at least two extension arms (two arms of recess 6B) extending in a common direction from the upper body portion (see Fig. 5A); and a second part (part with recess 7B) comprising two end pieces (two arms of recess 7B) having a cut out (cut out portion that outer shaft 2 extends through see Fig. 5) for the sheath to pass through and at least one rail (protrusion 6C, [0074]) extending between the end pieces to couple the end pieces to one another (see Fig. 5A, [0074]); wherein the first part is engageable with the second part with an interference fit (the components abut, and therefore are interpreted as engageable with an interference fit, see Fig. 5A) between at least one of the extension arms and the second part such that the timing belt link is operatively coupleable with the outer sheath when the first part is engaged with the second part (see Fig. 5A).
Bessho does not explicitly disclose the timing belt being flexible. Weber teaches a rack 214/232 (interpreted as the timing belt) that is actuated that can be made of a variety of materials, where the materials exhibit flexibility ([0071]). 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 timing belt of Bessho to be made of a material with some degree of flexibility as taught by Weber, since the selection of an obvious material for a known purpose would have been within the purview of one having ordinary skill in the art.
Regarding claim 16, Bessho/Weber makes obvious the kit of claim 15, Bessho further discloses wherein the plurality of belt teeth comprises a first plurality of belt teeth (teeth 6A) and a second plurality of belt teeth (teeth 7A) and wherein the first plurality of belt teeth protrudes in a first direction from the timing belt and the second plurality of belt teeth protrudes in a second direction from the timing belt (see Fig. 5A).
Regarding claim 17, Bessho/Weber makes obvious the kit of claim 16, Bessho further discloses wherein the first direction is different from the second direction (the extension directions of the belt teeth 6A, 7A protrude on both sides to a peak and have a V shape, see Fig. 5A, where one side of the V for body 6 is interpreted as the first direction of the teeth 6A, and the other side of the V for body 7 is interpreted as the second direction of the teeth 7A).
Regarding claim 18, Bessho/Weber makes obvious the kit of claim 16, Bessho further discloses wherein the first direction and the second direction are parallel (the extension directions of the belt teeth 6A, 7A protrude on both sides to a peak and have a V shape, see Fig. 5A, where one side of the V for body 6 is interpreted as the first direction of the teeth 6A, and the same side of the V for body 7 is interpreted as the second direction of the teeth 7A).
Regarding claim 19, Bessho/Weber makes obvious the kit of claim 15, Bessho further disclose wherein the upper body portion comprises at least one protrusion (protrusion that extends to the rail 6C, see Fig. 5A) between the at least two extension arms.
Regarding claim 20, Bessho/Weber makes obvious the kit of claim 15, Bessho further discloses wherein the upper body portion comprises at least one engagement groove (groove that receives the protrusion 6C, [0074]) complimentary to the belt teeth (the groove is interpreted as complimentary to the belt teeth by being in alignment with the belt teeth as shown in Fig. 5A).
Regarding claim 21, Bessho/Weber makes obvious the kit of claim 15; yet, does not explicitly disclose wherein the at least two extension arms comprise distal ends biased towards the timing belt. Weber teaches a rack 214/232 (interpreted as the timing belt) and has other components of the assembly for retracting a sheath can be made of a variety of materials, where the materials exhibit biasing, when using a shape memory material ([00712). 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 extension arms of Bessho to be made of a biasing material that biases the arms toward the timing belt as taught by Weber, in order for the arms to better hold on the protrusion ([0073]).
Regarding claim 22, Bessho/Weber makes obvious the kit of claim 15; yet, does not explicitly disclose wherein the at least two extension arms comprise distal ends biased away from the timing belt. Weber teaches a rack 214/232 (interpreted as the timing belt) and other components of the assembly for retracting a sheath can be made of a variety of materials, where the materials exhibit biasing, when using a shape memory material ([00712). 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 extension arms of Bessho to be made of a biasing material that biases the arms away from the timing belt as taught by Weber, in order for the arms to be decouplable from the protrusion ([0073]).
Regarding claim 23, Bessho/Weber makes obvious the kit of claim 15, Bessho further discloses wherein the at least two extension arms comprise a protrusion (protrusion of the extension arm that define the recess 6B) for capturing the upper body portion in the lower body portion (engaged with protrusion 11A, [0073]).
Regarding claim 24, Bessho/Weber makes obvious the kit of claim 15, Bessho further discloses wherein the second part comprises an intermediate carrier (second proximal part with recess 7B, see Fig. 5A) connected to the at least one rail ([0074]).
Regarding claim 25, Bessho/Weber makes obvious the kit of claim 15, Bessho further discloses wherein the second part comprises a slot (where second part receives protrusion 6C) for receiving a protrusion on the upper body portion between the end pieces (see Fig. 5A, [0074]).
Regarding claim 26, Bessho/Weber makes obvious the kit of claim 24, wherein the intermediate carrier further comprises a notch (second proximal recess 7B) for receiving a protrusion on the upper body portion (protrusion 6C received by recess 7B, [0074]).
Regarding claim 27, Bessho/Weber makes obvious the kit of claim 24, Bessho further discloses wherein the second part further comprises a slot (where second part receives protrusion) for receiving a protrusion on the upper body portion between the end pieces and the intermediate carrier (see Fig. 5A, [0074]).
Regarding claim 28, Bessho/Weber makes obvious the kit of claim 15, Bessho further discloses wherein the timing belt is operatively coupleable to the sheath by a portion of the sheath having a protrusion (proximal end of the outer shaft 2) complementary-sized to be received within the timing belt link (receiving within recesses of timing belt 7, see Fig. 5A).
Conclusion
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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/MIKAIL A MANNAN/Examiner, Art Unit 3774
/THOMAS C BARRETT/SPE, Art Unit 3799