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 .
Claim Objections
Claims 1-9 are objected to because of the following informalities: the claim recites “the inner catheter” in line 9 instead of – inner extension segment –. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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) 1-9 is/are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by US Pre-Grant Publication 2020/0069917 to Laby et al. (Laby hereinafter).
Regarding claim 1, Laby teaches an extendable catheter (10) having a proximal end (14), a distal end (12) and a sidewall (20, 34) defining a central lumen and a longitudinal axis. Laby further teaches an inner extension segment (38) having a proximal end (62) and a distal end (64) and positioned extending (and therefore extendable) through the central lumen such that the distal end is configured to extend beyond the distal end of the outer catheter, and annular gap (see e.g. Fig. 4A), and a plurality of projections (36) partially positioned between the inner extension segment and the outer catheter, which are configured to center the extension segment.
Regarding claims 2 and 3, Laby teaches that there may be 16 projections (paragraph 61).
Regarding claim 4, Laby teaches that the projections are on an outside surface of the extension (see Fig. 3).
Regarding claim 5, Laby teaches an axially movable control wire (guidewire, paragraph 52).
Regarding claim 6, Laby teaches a pattern of projections (MxN array, paragraph 61).
Regarding claim 7, as shown in Fig. 4B, Laby teaches that portions of the projections may be non-normal to the axis.
Regarding claim 8, Laby teaches an extension segment (38), a primary catheter (10) with a distal end (12) and a central lumen (see Fig. 3), a control wire (guidewire, see paragraph 52), and centering projections (36) on an outside surface of the extension segment.
Regarding claim 9, Laby teaches that the projections extend at least minimally axially and are ridges.
Response to Arguments
Applicant's arguments filed 31 March 2026 have been fully considered but they are not persuasive.
With respect to the argument that Laby does not teach an inner catheter or extension segment which is extendable through the central lumen, the examiner is not persuaded. The remainder of the clause, “such that the distal end of the extension segment is configured to extend beyond the distal end of the outer catheter” indicates that the limitation refers to, or at least includes (under a broadest reasonable interpretation of the claim), positioning rather than any extensional function. Since the inner extension segment (38) of Laby is positioned as claimed, the examiner holds that the limitation is anticipated.
With respect to the projections, the examiner has clarified above that the extensions are partially positioned as claimed. Such partial positioning is not excluded by the claim and the examiner therefore holds that Laby anticipates claim 1.
With respect to claim 8, the examiner notes that no separate argument is made to address this independent claim and therefore continues to hold that it is anticipated by Laby.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHILIP E STIMPERT whose telephone number is (571)270-1890. The examiner can normally be reached Monday-Friday, 8a-4p.
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, Chelsea Stinson can be reached at 571-270-1744. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PHILIP E STIMPERT/Primary Examiner, Art Unit 3783 4 June 2026
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