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 29 June 2026. As directed by the amendment: claims 2 and 5 are cancelled. Therefore, claims 1, 3, 4, and 6 are presently pending.
Response to Arguments
Applicant’s arguments, see pages 4-8, filed 29 June 2026, with respect to claim 1 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn.
However, applicant argues on page 5 that the thickness of a first portion is not larger in Ashiya than a second portion in Ashiya. As shown in the newly annotated figure, a part pertaining to a portion of the first lumen is larger in thickness than the second portion side as the second portion does not even include this part and the first lumen still runs the length of the catheter. Therefore, the portion in the annotated figure below that is thicker, corresponds to running the length of the first lumen.
Applicant’s arguments regarding the opening widths on parges 5-7, the embodiments of Ashiya are included in a 35 USC 103 rejection below and statements regarding those embodiments and how they can be combined are included as well.
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.
Claim(s) 1, 3, 4 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Ashiya et al. (US 5,947,925).
Regarding claim 1, Ashiya discloses a catheter (Fig. 2, 3) comprising a shaft (Fig. 2, 4), the shaft comprising:
a first lumen (Fig. 2, 34) configured to communicate from a proximal end to a distal end of the shaft and having an opening area (Col. 5, lines 3-12); and
a second lumen (Fig. 2, 32) positioned on an outer periphery side of the first lumen (Fig. 2, where 32 and 34 run parallel to each other and 32 is located on an upper side of the catheter), configured to communicate from a proximal end side to a distal end side of the shaft (Fig. 2, where 32 runs from the proximal end towards the balloon 36), and having an opening area that is smaller than the opening area of the first lumen in a transverse section of the shaft (Fig. 4-5, where the lumen 32 is smaller than the lumen surrounding the guidewire 2, see annotated figure below),
wherein a dimension in a first direction in which the first lumen and the second lumen are aligned at a distal end portion of the shaft is less than a dimension in the first direction in a proximal end portion that is closer to the proximal side than the distal end portion of the shaft (Fig. 2, where the length of the lumen 32 in the first direction at a distal end is less than the total length of 34 in a first direction in a proximal end, therefore, the dimension of length is smaller on a distal end than a proximal end),
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an opening width in the first direction of the second lumen in a transverse section of the distal end portion of the shaft is smaller than an opening width in the first direction of the second lumen in a transverse section of the proximal end portion of the shaft (Fig. 5-6, where the opening of 32 has a smaller width in figure 5 and in figure 6 the opening 32 has a larger width in another section, additionally, the width of the lumen 32 is not limited to a specific range at a point, col. 5, lines 35-38, where figures 5 and 6 are another embodiment of the invention that can be applied to figure 1 as they are both parts of the same inventive concept being taught in the art, furthermore, the catheter in figures 5 and 6 is structurally the same as figures 1 and 2 with the only changes being to the sizing of the catheter and tubing which is minor change, additionally, as these different widths are contemplated and designed by Ashiya and are being used in combination with each other, it would be reasonable to use multiple sizes as it is shown that the same is done for the lumen 34 as well),
Combining the teachings of Ashiya from figures 1 and 2 with the teachings of Ashiya in figures 5 and 6 is a minor change to the lumens of the device and would result in the same general structure and function as the overall design of the device is the same. Altering the lumens can also be considered an improvement depending on the use and need of the device of Ashiya and the reason why these different embodiments with the same lumen relationship are included.
and
in the distal end portion of the shaft, a thickness on the first lumen side in the first direction is larger than a thickness on the second lumen side in the first direction (Fig. 2, where the shaft 4 is thicker on a top portion than a bottom portion where 34 is located near the distal end of the lumen and the middle section between 32 and 34),
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wherein an opening width in a second direction perpendicular to the first direction of the second lumen in the transverse section of the distal end portion of the shaft is larger than an opening width in the second direction of the second lumen in the transverse section of the proximal end portion of the shaft (Fig. 5-6, where the opening of 32 has a smaller width in figure 5 and in figure 6 the opening 32 has a larger width in another section, additionally, the width of the lumen 32 is not limited to a specific range at a point, col. 5, lines 35-38, where figures 5 and 6 are another embodiment of the invention that can be applied to figure 1 as they are both parts of the same inventive concept being taught in the art, furthermore, the catheter in figures 5 and 6 is structurally the same as figures 1 and 2 with the only changes being to the sizing of the catheter and tubing which is minor change, additionally, as these different widths are contemplated and designed by Ashiya and are being used in combination with each other, it would be reasonable to use multiple sizes as it is shown that the same is done for the lumen 34 as well).
Combining the teachings of Ashiya from figures 1 and 2 with the teachings of Ashiya in figures 5 and 6 is a minor change to the lumens of the device and would result in the same general structure and function as the overall design of the device is the same. Altering the lumens can also be considered an improvement depending on the use and need of the device of Ashiya and the reason why these different embodiments with the same lumen relationship are included.
Regarding claim 3, Ashiya discloses the catheter according to Claim 2, wherein an opening area of the second lumen in the transverse section of the distal end portion of the shaft is substantially the same as an opening area of the second lumen in the transverse section of the proximal end portion of the shaft (Fig. 2, 32, where the opening area is substantially the same and the width of the opening is not limited, col 5, lines 35-38, meaning the opening can be shaped accordingly to be “substantially” the same, where figures 5 and 6 are another embodiment of the invention that can be applied to figure 1 as they are both parts of the same inventive concept being taught in the art, furthermore, the catheter in figures 5 and 6 is structurally the same as figures 1 and 2 with the only changes being to the sizing of the catheter and tubing which is minor change, additionally, as these different widths are contemplated and designed by Ashiya and are being used in combination with each other, it would be reasonable to use multiple sizes as it is shown that the same is done for the lumen 34 as well).
Combining the teachings of Ashiya from figures 1 and 2 with the teachings of Ashiya in figures 5 and 6 is a minor change to the lumens of the device and would result in the same general structure and function as the overall design of the device is the same. Altering the lumens can also be considered an improvement depending on the use and need of the device of Ashiya and the reason why these different embodiments with the same lumen relationship are included.
Regarding claim 4, Ashiya discloses the catheter according to Claim 1, further comprising a balloon (Fig. 2, 36) joined to the distal end portion of the shaft and configured to communicate with the second lumen (Fig. 2, where 36 is connected with 32).
Regarding claim 6, Ashiya discloses the catheter according to Claim 3, further comprising a balloon joined to the distal end portion of the shaft and configured to communicate with the second lumen (Fig. 2, where 36 is connected with 32).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HADEN M RITCHIE whose telephone number is (703)756-1699. The examiner can normally be reached M-F 8am-5:30pm.
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/HADEN MATTHEW RITCHIE/Examiner, Art Unit 3783
/BHISMA MEHTA/Supervisory Patent Examiner, Art Unit 3783
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