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 Group I in the reply filed on December 15, 2025 is acknowledged.
Claims 19-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group II, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on December 15, 2025.
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.
Claim 12 is 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.
Claim 12 lines 1-2 recite “…an average of a durometer of the first layer and a durometer of the second layer…”. It is not clear where the measurements for durometer are taken. For purposes of examination, this is interpreted as “…an average durometer of radially adjacent materials of the first layer and the second layer decreases…”.
Allowable Subject Matter
Claims 1-11 and 13-18 are allowed.
Claim 12 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Reasons for Allowance
The following is an Examiner's statement of reasons for allowance: the claims in this application are allowed because the prior art of record fails to disclose either singularly or in combination the claimed catheter.
The closest prior art is Wilson US 5,951,929.
Regarding claim 1, Wilson teaches a catheter (catheter of Fig. 8, c 4 ln 17-18 and c 5 ln 32-35), comprising: an elongated body defining a longitudinal axis and comprising an outer jacket (see annotated Fig. 8 below), wherein a portion of the outer jacket comprises: a first layer comprising: a first segment (catheter length 72), wherein the first segment comprises a first transition portion (seam 76 of catheter length 72) that is not continuous parallel to the longitudinal axis (beveled seam) and a first core portion (first core portion, see annotated Fig. 8 below) that is continuous parallel to the longitudinal axis (tubular portion); and a second segment (catheter length 74) longitudinally adjacent to the first segment (Fig. 8), wherein the second segment comprises a second transition portion (seam 76 of catheter length 74) that is not continuous parallel to the longitudinal axis (beveled seam) and a second core portion (second core portion, see annotated Fig. 8 below) that is continuous parallel to the longitudinal axis (tubular portion).
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However, Wilson fails to teach among all the limitations or render obvious a catheter as claimed, which includes a second layer overlying the first layer and comprising: a third segment, wherein the third segment comprises a third transition portion that is not continuous parallel to the longitudinal axis and a third core portion that is continuous parallel to the longitudinal axis; and a fourth segment longitudinally adjacent to the third segment, wherein the fourth segment comprises a fourth transition portion that is not continuous parallel to the longitudinal axis and a fourth core portion that is continuous parallel to the longitudinal axis, wherein the second core portion overlaps the third and fourth transition portions radially from the longitudinal axis, and wherein the third core portion overlaps the first and second transition portions radially from the longitudinal axis, in combination with the total structure and function of the catheter as claimed.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN A DOUBRAVA whose telephone number is (408)918-7561. The examiner can normally be reached M-F 9-5 Pacific Time.
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/J.A.D./Examiner, Art Unit 3783 /James D Ponton/Primary Examiner, Art Unit 3783