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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 8/14/2026 has been entered.
Claim Objections
Claim 1 is objected to because of the following informalities: The comma on line 11 should be removed. The phrase “and further” on line 21 should be removed. The comma on line 23 should be removed. Appropriate correction is required.
Claim 3 is objected to because of the following informalities: The comma on line 10 should be removed. Appropriate correction is required.
Claim 12 is objected to because of the following informalities: The comma on line 11 should be removed. The equal sign (=) on line 17 should be removed. The comma on line 25 should be removed. Appropriate correction is required.
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 1-3, 5, 10-13, 15 and 17 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 1 and 12 each recite “such that the catheter support is configured to be provided at a position on the catheter between the actuator and the distal end of the introducer” on lines 14-16 and lines 15-16, respectively. Since lines 11-12 of each of these claims already recite “a catheter support […] positioned between the actuator and the distal end portion of the introducer”, it is unclear if lines 14-16 and 15-16 are accidentally repeating this same limitation or if they are intending to define the position of the catheter instead of the position of the catheter support. For the sake of examination, it is interpreted as defining the position of the catheter instead of the position of the catheter support. Accordingly, it is suggested to amend lines 14-16 of claim 1 and lines 15-16 of claim 12 to recite “such that the catheter support is configured to be provided at a position on the catheter that is between the actuator and the distal end of the introducer”.
Claims 1 and 12 each recite “the housing” on line 23 and line 26, respectively. This phrase lacks proper antecedent basis since no “housing” has been recited earlier in the claim and it is unclear as to whether the “housing” is intended to be a newly-recited structure or it is intended to be a component of one of the previously-recited structures (the “introducer”, the “actuator”, the “catheter support”). Based on the description in the Specification, it is believed that the “housing” is intended to belong to the “introducer”; therefore, this is the interpretation applied for the sake of examination. Accordingly, it is suggested to amend line 23 of claim 1 and line 26 of claim 12 to recite “[[the]] a housing of the introducer”.
Claim 1 has been amended to recite that the passageway is “configured to encourage the catheter to only bow downward at the position of the catheter support” on lines 21-23. However, lines 19-21 recite that the passageway is “configured to encourage downward bowing of the catheter in the catheter support and/or pre-bias a downward bowing of the catheter”. Therefore, it is unclear if the passageway as now claimed (“open slotted”) is configured to allow (1) only the encouragement of downward bowing or (2) both the encouragement of downward bowing and pre-biasing a downward bowing. Based on the description in the Specification, it is believed that the open slotted passageway only allows for encouraging of downward bowing and not pre-biassing of downward bowing; accordingly, this is the interpretation applied for the sake of examination. Accordingly, it is suggested to delete the phrase “and/or pre-bias a downward bowing of the catheter” from lines 20-21.
Claims 2, 3, 5, 10, 11, 13, 15 and 17 are rejected due to their dependence on claims 1 and 12.
Allowable Subject Matter
Claims 1-3, 5, 10-13, 15 and 17 would be allowable if rewritten or amended to overcome the objections and rejections under 35 U.S.C. 112(b) set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter: The subject matter of independent claims 1 and 12 could not be found nor was suggested in the prior art of record. Each of independent claims 1 and 12 has been amended to include the subject-matter of now-cancelled dependent claim 7 (which was indicated as allowable in the 9/18/2025 Office Action). Please see the 9/18/2025 Office Action for a detailed statement of reasons for allowance.
Election/Restrictions
As set forth above, claims 1-3, 5, 10-13, 15 and 17 are allowable except for various objections and 112(b) rejections. The restriction requirement among species, as set forth in the Office action mailed on 6/11/2025, has been reconsidered in view of the allowability of claims to the elected invention pursuant to MPEP § 821.04(a). The restriction requirement is maintained because the nonelected claims do not require all the limitations of an allowable claim.
Specifically, independent claims 1 and 12 are directed only to Species A due to the claims requiring the passageway be an “open slotted passageway” that “encourage[s] the catheter to only bow downward”. Claims 4, 6, 8, 9, 14, 16 and 18-20 do not require all the limitations of allowable claims 1 or 12 because: claims 4 and 14 require the slotted passageway to be “closed” (which is contrary to claims 1 and 12 which require the slotted passageway to be “open”), claims 6 and 16 require an arrangement that “preload[s] the catheter” (which is contrary to claims 1 and 12 which require the passageway to “encourage a downward bowing”), claim 8 requires the passageway to be “pre-biasing” (which is contrary to claim 1 which requires the passageway to be “encourag[ing]”), claim 9 requires the passageway to be “sinusoidal” and “pre-biasing” (which is contrary to claim 1 which requires the passageway to be “open” and “encouraging”), and claim 18 does not require an “open slotted passageway” as in claims 1 and 12.
It is suggested that, in reply to this Office Action, Applicant cancels claims 4, 6, 8, 9, 14, 16 and 18-20 or take other appropriate action.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAMI A BOSWORTH whose telephone number is (571)270-5414. The examiner can normally be reached Monday - Thursday 8 am - 4 pm.
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/KAMI A BOSWORTH/Primary Examiner, Art Unit 3783
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