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
Applicant’s election without traverse of Species A in the reply filed on 11/19/2025 is acknowledged.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-5, 8, 14, 17-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mosler et al (US 7,632,256).
Regarding claim 1, Mosler discloses an apparatus to grip a catheter shaft (abstract), the apparatus comprising: a body including a proximal end and extending along a central axis to a distal end (fig. 7: proximal end toward the left of page, distal end toward the right of page), and comprising: a first handle portion 310 defining a first recess (portion of 330 defined by upper housing) extending along the central axis of the body from the proximal end to the distal end (fig. 7; col. 4, lines 17-25); a second handle portion 320 defining a second recess (portion of 330 defined by lower housing) extending along the central axis of the body from the proximal end to the distal end such that the first recess is aligned with the second recess (fig. 7; col. 4, lines 17-25), and a catheter shaft grip aperture extending along the central axis of the body from the proximal end to the distal end, formed from the alignment of the first recess and the second recess, the catheter shaft grip aperture being sized to receive a catheter shaft (figs. 7, 11; col. 5, lines 27-9) .
Regarding claim 2, Mosler discloses that the catheter shaft grip aperture frictionally engages a catheter shaft (col. 5, lines 27-29) and transfers rotational force applied to the body to a catheter shaft (the grip securely holds the catheter and therefore is capable of transferring rotation force applied to grip to the catheter shaft held therein).
Regarding claim 3, Mosler discloses that the catheter shaft grip aperture comprises: a relaxed state where the catheter shaft grip aperture receives a catheter shaft and is freely movable along a catheter shaft (fig. 7: the catheter received in the aperture 330 is not tightly held); and a grip state, where a force applied to the body causes the catheter shaft grip aperture to frictionally engage a catheter shaft (fig. 11).
Regarding claim 4, Mosler discloses the first handle portion comprising a first connector 370 extending outwardly from the first handle portion (fig. 7), and the second handle portion comprising a second connector 380 configured to receive the first connector and attach the first handle portion and the second handle portion to each other (fig. 7; col. 6, lines 18-23).
Regarding claim 5, Mosler discloses that the first connector comprises a first male connector 370 disposed proximate the proximal end and the second connector comprises a first female connector 380 disposed proximate the proximal end, wherein the first handle portion further comprises a second male 370 connector extending outwardly from the first handle portion and disposed proximate the distal end, and wherein the second handle portion further comprises a second female 380 connector disposed proximate the distal end and configured to receive the second male connector to attach the first handle portion and the second handle portion to each other (see fig. 7 annotated below).
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Regarding claim 8, Mosler discloses that the first handle portion further comprises a second recess 380 extending into the first handle portion generally perpendicularly to the central axis; and the second handle portion further comprising a protrusion 370 extending outwardly from second handle portion generally perpendicularly to the central axis, wherein the second recess is configured to receive the protrusion to facilitate alignment of the first handle portion with the second handle portion (fig. 7).
Regarding claim 14, the limitation “the body further comprises a proximal attachment end configured to attach to a handle device of a catheter assembly” is interpreted to be an intended use limitation. The proximal end of the device of Mosler is capable of being received a catheter handle (fig. 7).
Regarding claim 17, Mosler discloses a handle for gripping a catheter shaft (abstract), the handle comprising: a first handle portion 310 defining a first channel (fig. 7: portion of 330 defined by upper housing) extending from a proximal end to a distal end of the first handle portion (fig. 7; col. 4, lines 17-25); and a second handle portion 320 defining a second channel (fig. 7: portion of 330 defined by lower housing) extending from a proximal end to a distal end of the second handle portion (fig. 7; col. 4, lines 17-25), the first handle portion and the second handle portion attachable to each other to form a handle including an aperture 330 extending therethrough formed by the first channel and the second channel, the aperture sized to receive a catheter shaft (figs. 7, 11; col. 5, lines 27-9).
Regarding claim 18, Mosler discloses the first handle portion comprising a first connector 370 extending outwardly from the first handle portion, and the second handle portion comprising a second connector 380 configured to receive the first connector and attach the first handle portion and the second handle portion to each other (fig. 7; col. 6, lines 18-23).
Regarding claim 19, Mosler discloses that the first connector comprises a first male connector 370 disposed proximate the proximal end of the first handle portion and the second connector comprises a first female 380 connector disposed proximate the proximal end of the second handle portion, wherein the first handle portion further comprises a second male connector 370 extending outwardly from the first handle portion and disposed proximate the distal end of the first handle portion, and wherein the second handle portion further comprises a second female connector 380 disposed proximate the distal end of the second handle portion and configured to receive the second male connector to attach the first handle portion and the second handle portion to each other (see fig. 7 annotated below).
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Regarding claim 20, Mosler discloses a method of manipulating a catheter shaft using an attachable handle (abstract), the method comprising: aligning a first handle portion 310 with a catheter shaft ;inserting a catheter shaft into a first recess (fig. 7: portion of 330 defined by upper housing) of the first handle portion, the first recess extending along a central axis of the first handle portion (fig. 7); aligning a second handle portion 320 with the first handle portion; attaching the second handle portion to the first handle portion to form a handle (fig. 11; col. 7, lines 17-22), the second handle portion including a second recess (fig. 7: portion of 330 defined by lower housing) extending along a central axis of the second handle portion such that the first recess and the second recess form an aperture 330 through the handle, the aperture being sized to receive a catheter shaft (fig. 11); and gripping the handle and manipulating a catheter shaft by rotating the handle (col. 7, lines 22-26).
Claim(s) 1, 15, 16 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Ros Fabrega et al (US 11,534,191).
Regarding claim 1, Ros Fabrega discloses an apparatus 500 to grip a catheter shaft (fig. 5C), the apparatus comprising: a body including a proximal end and extending along a central axis to a distal end (fig. 5C: proximal end toward the right of page, distal end toward the left of page), and comprising: a first handle portion 510 defining a first recess (fig. 5C: between sloped portions 530) extending along the central axis of the body from the proximal end to the distal end (fig. 5C); a second handle portion 312 defining a second recess (between sloped portions) extending along the central axis of the body from the proximal end to the distal end such that the first recess is aligned with the second recess (fig. 5C), and a catheter shaft grip aperture extending along the central axis of the body from the proximal end to the distal end, formed from the alignment of the first recess and the second recess, the catheter shaft grip aperture being sized to receive a catheter shaft (figs. 5F).
Regarding claim 15, Ros Fabrega discloses that the body further comprises a distal attachment end 504 configured to attach to a valve 4 of a catheter assembly (fig. 5B; col. 6, lines 26-30).
Regarding claim 16, Ros Fabrega discloses that the body further comprises a tip 504 proximate the distal end configured to serve as an insertion tool (fig. 5B: tip facilitates insertion and therefore is interpreted to be an insertion tool).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAURA A BOUCHELLE whose telephone number is (571)272-2125. The examiner can normally be reached Mon-Fri 8:00-5:00 CST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bhisma Mehta can be reached at 571-272-3383. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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LAURA A. BOUCHELLE
Primary Examiner
Art Unit 3783
/LAURA A BOUCHELLE/Primary Examiner, Art Unit 3783