aDETAILED 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 with traverse of Group I, Claims 1-8 in the reply filed on 20 January 2026 is acknowledged. The traversal is on the ground(s) that there is no undue search burden. This is not found persuasive because Applicant has claimed three inventions, each a distinct type of catheter with distinct limitations claimed. The restriction requirement dated 20 November 2025 explained the claimed limitations of each group.
Group I requires a first region with a woven ppi greater than a second region, and a transitional point.
Group II requires a first region with wires segments greater than a second region, not woven, no transitional point.
Group III requires a first region with wires segments greater than a second region, and equal circumferences.
These limitations considered were just from the independent claims. If the dependent claims are considered, more elements are claimed, which in turn creates more divergent strategies in performing the required searches. Since each of the three groups would require its own unique search, Applicant’s request for Examiner to search and consider three separate inventions is considered unduly burdensome.
The requirement is still deemed proper and is therefore made FINAL.
Claims 9-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to nonelected inventions, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 20 January 2026.
Drawings
The drawings are objected to because of the following.
Figures 2, 3, and 4 each contain multiple illustrations. Applicant should either label each illustration as a separate and distinct figure, or group the illustrations as a single figure to avoid confusion.
Figure 5 contains multiple occurrences of the term “pluarality”, which is incorrect.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are further objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description:
10, 800.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are still further objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description:
142, 610, 710.
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
Paragraph 72, the phrase “third region (606)” is incorrect.
Appropriate correction is required.
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.
Claim(s) 1-5 and 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tassoni, Jr. et al (20210290896).
In regards to Claim 1, Tassoni teaches a catheter braid comprising:
a first region comprising a plurality of wire segments arranged in a first weave pattern having a first picks per inch (Detail 28); and
a second region comprising a plurality of wire segments arranged in a second weave pattern having a second picks per inch less than the first picks per inch (Detail 26), the second region being distal of the first region,
wherein the first weave pattern transitions to the second weave pattern at a first transitional point (Detail 30) disposed at an intersection of the first region and the second region at which at least one wire (Details 33, 35) of the plurality of wire segments of the first region is removed from the second region therein reducing the first picks per inch to the second picks per inch, and
wherein the catheter braid comprises a lumen (Detail 20) therethrough comprising a uniform cross section across a majority of the first region and a majority the second region (illustrated as being the same diameter, and Figure 2 illustrates that the wire segments are side by side, which would not decrease the diameter).
In regards to Claim 2, Tassoni teaches the first weave pattern is a 4x4 arrangement of the plurality of wire segments of the first region (Paragraph 53).
In regards to Claim 3, Tassoni teaches the second weave pattern is a 4x3 arrangement of the wire segments of the second region (Paragraph 54).
In regards to Claim 4, Tassoni teaches a third region comprising a plurality of wire segments arranged in a third weave pattern having a third picks per inch less than the second picks per inch, the third region being distal of the second region (Paragraph 61; Detail 25)
wherein the second weave pattern transitions to the third weave pattern at a second transitional point disposed at an intersection of the second region and third region at which at least one wire of the plurality of wire segments of the second region is removed from the third region therein reducing the second picks per inch to the third picks per inch (Figure 5 shows removing wire segments; every set of regions would have a transition point therebetween, so as to allow for the removal of wire segments).
In regards to Claim 5, Tassoni teaches the third weave pattern is a 3x3 arrangement of the wire segments of the third region (Paragraph 53).
In regards to Claim 8, Tassoni teaches the first weave pattern comprises a braid angle approximately equal to a braid angle of the second weave pattern (Figure 5 shows the braid angles of the different weave patterns as being approximately equal).
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) 6 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tassoni, Jr. et al.
In regards to Claims 6 and 7, while Tassoni does not specifically state that a fourth region with a fourth weave pattern, and a fifth region with a fifth weave pattern, it does teach in Paragraph 53 that each plurality of wire segments can contain 8 or more filaments, and in Paragraph 61 that each subsequent region can go down by a filament in count. As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that a fourth region with a fourth weave pattern and a fifth region with a fifth weave pattern could be present, as the pattern of having a subsequent region with a subsequent weave pattern would just be duplicated by reducing by a filament in count. The ordinarily skilled artisan would be more than capable of determining how many regions to incorporate in the catheter of Tassoni.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See of Record.
Specifically, at least Li et al (CN 112472955) Figure 6, Gill et al (20140277573) Figures 3A and 3B, Mailaender (WO 2009059789) Figures 1, 2a, and 3a, and Lunn et al (20080262472) Figure 12 teach elements similar to those as currently claimed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Shaun R Hurley whose telephone number is (571)272-4986. The examiner can normally be reached Monday thru Friday, 8:00am - 3:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clinton T Ostrup can be reached at (571) 272-5559. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHAUN R HURLEY/Primary Examiner, Art Unit 3732