DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 2/24/2026 has been entered.
Response to Arguments
Applicant’s arguments with respect to the claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 2, 4, 5, 9-12, and 23-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20240082550 A1 to Mawatari et al. (hereinafter, Mawatari).
The dimensions of FIG. 3 of Mawatari, as set forth in paragraph [0038], are shown below in annotated FIG. 3. Regions 13A1 and 14A1 are described as being “flat plates” (e.g., “non-round cross-section”) with the remaining sections being round (e.g., “round cross-section”) as described in paragraphs [0019]-[0021].
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Paragraph [0058] discloses that FIG. 3 contemplates 2 sets of 13A/14A and 13B/14B are provided, and also contemplates that three or more sets may be provided, meaning, additional alternating flattened to round sections are contemplated and would have been obvious to one of ordinary skill in the art, since adding additional sets is explicitly contemplated and would have been a routine design choice. For purposes of this rejection, the Examiner is interpreting the guidewire to include four total sets (three “or more” sets may be provided, paragraph [0058]), a first two sets as part of a distal segment and a second two sets as part of a proximal segment (the proximal segment being interpreted to also include tapered portion 15), meaning each of the distal and proximal segments each have a plurality of flattened and round sections.
Regarding Claims 1 and 9, Mawatari discloses a guidewire, comprising inter alia:
an elongated core member having a proximal segment (second two proximal sets) and a distal segment (first two distal sets),
the distal segment having a round cross-section segment (each of the first and second sets each have at least two flattened and round cross-section segments);
the proximal segment having a plurality of round cross-section segments alternating with a plurality of non-round cross-section segments (each of the first and second sets each have at least two flattened and round cross-section segments that alternate with respect to each other) with recessed surfaces relative to the round cross-section segments (see FIG. 3, where the flattened regions have less of a thickness than respective round regions and are therefore “recessed surfaces”);
(Claim 1) wherein each of the plurality of the non-round cross-section segments has a length in a range from 2.0 mm to 30.0 mm (13A and 14A are 5-10 mm);
(Claim 9) where the at least one round cross-section segment in the proximal segment has a length in a range from 5.0 cm to 10 cm (tapered portion, which is part of the proximal segment, is disclosed as being 3-10 cm in paragraph [0026])
Regarding Claims 2 and 10, Mawatari discloses where the non-round cross-sectional segment is rectangle (the flattened sections have a generally rectangular shape, see Fig. 2).
Regarding Claims 4, 11 and 12, Mawatari discloses the guidewire of claims 1 or 9, wherein each of the plurality of the non-round cross-section segments has a length in a range from 2.0 mm to 5.0 mm (13A and 14A are 5-10 mm).
Regarding Claims 23 and 25, Mawatari discloses the guidewire of claims 1 or 9, where the elongated core member is metal core wire (paragraph [0026]).
Regarding Claim 24 and 26, Mawatari discloses the guidewire of claims 1 or 9, wherein a smooth transition is provided between at least one round cross-section segment and the at least one non-round cross section segment (13A2, 14A2).
Allowable Subject Matter
Claims 8 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 15 and respective dependent claims are allowable over the prior art of record. The closest prior art of record includes US 20240082550 A1 to Mawatari who discloses the claimed invention expect for where the non-round cross-section segments are square. Mawatari discloses flattened, generally rectangular non-round cross-sections, and the modify these to be square would have destroyed Mawatari, because Mawatari contemplates a device that bends in one plane, not multiple planes that a square configuration would provide.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAN PATRICK DOUGHERTY whose telephone number is (571)270-5044. The examiner can normally be reached 8am-5pm (Pacific Time).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jacqueline Cheng can be reached at (571)272-5596. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SEAN P DOUGHERTY/Primary Examiner, Art Unit 3791
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