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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 08/19/2026 has been entered.
Response to Amendment
The amendment filed 08/19/2026 has been entered. Claim 30 has been amended. Claims 31-33 and 35 have been cancelled. Claims 19-30 and 34 remain pending in this application. Claims 19-29 are withdrawn.
Response to Arguments
Applicant’s arguments with respect to claim(s) 30 have been considered but are moot because the new ground of rejection does not rely on previously applied Brannan in view of Lazarus for any teaching or matter specifically challenged in the argument. A new grounds of rejection is made over newly cited Oepen.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 30 and 34 is/are rejected under 35 U.S.C. 103 as being unpatentable over Oepen et al. (Pub. No.: US 2009/0254063 A1) in view of Lazarus et al. (US Pat. No.: 5,415,633).
Regarding claim 30, Oepen discloses (fig. 1-4) a catheter (balloon catheter 100) comprising:
A central tube (outer shaft member 20), the central tube having a first sidewall defining a first outer diameter and an open distal end (distal end portion 24, fig. 1A);
A tip (distal end portion 14 of inner shaft member 10) movable with respect to the central tube (¶ 0047), wherein the tip is adjustable between a retracted position, in which the tip is positioned within the central tube (fig. 1A, ¶ 0079), and an extended position in which the tip is positioned beyond the distal end (fig. 3, ¶ 0079), and wherein the tip has a second outer diameter that is larger than the first outer diameter when the tip is in the extended position (fig. 3-4, ¶ 0080),
Wherein the central tube defines a central axis (fig. 1),
Wherein at least a portion of the tip (flexible membrane 50) is inflated when in the extended position (¶ 0080),
Wherein the tip includes a first portion (see shaft member 10) and a pouch (flexible membrane 50) extending around a circumference of the first portion (fig. 4, ¶ 0056),
Wherein the pouch is inflated to lock the tip in the extended position (upon inflation of the pouch, the central tube is retracted from the tip, thus locking the tip in the extended position, ¶ 0080-¶ 0081), the pouch being in contact with the open distal end in the extended position (fig. 4, ¶ 0058).
Oepen fails to disclose wherein the tip is angularly steerable relative to the central axis.
Lazarus teaches (fig. 1-2) a catheter (steerable catheterization device 10) and thus in the same field of endeavor, comprising: a tip (16), wherein the tip is angularly steerable relative to the central axis (axis “A”, fig. 1, col. 3, ln. 65-67) in order to allow the catheter to be steerable through body lumena or cavities (col. 1, ln. 8-10).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the tip of Oepen such that it is angularly steerable relative to the central axis, as taught by Lazarus, in order to allow the catheter to be steerable through body lumena or cavities (Lazarus col. 1, ln. 8-10).
Regarding claim 34¸ Oepen in view of Lazarus fail to disclose wherein the tip includes a bimorph actuator encapsulated therein.
Lazarus further teaches (fig. 1-3A) wherein the tip includes a bimorph actuator encapsulated therein (col. 4, ln. 25-27) in order to steer the catheter through body lumena or cavities (Lazarus col. 1, ln. 8-10).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the tip of Oepen in view of Lazarus such that it includes a bimorph actuator encapsulated therein, as taught by Lazarus, in order to steer the catheter through body lumena or cavities (Lazarus col. 1, ln. 8-10).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Slattery et al. (Pub. No.: US 2018/0353733 A1) discloses a catheter having a pouch that is inflated. Schaeffer et al. (Pub. No.: US 2015/0039014 A1) discloses a catheter having a central tube and a tip adjustable between a retracted and extended position.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MEAGAN NGO whose telephone number is (571)270-1586. The examiner can normally be reached M - TH 8:00 - 4:00 PT.
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, Sarah Al-Hashimi can be reached at (571) 272-7159. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MEAGAN NGO/Examiner, Art Unit 3781
/PHILIP R WIEST/Primary Examiner, Art Unit 3781
Prosecution Insights