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 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) 1, 5, 7-12, and 14 is rejected under 35 U.S.C. 103 as being unpatentable over Opie (US 20040236214 A1) in view of Christensen (US 20030229297 A1).
For claim 1, Opie teaches A torque device [entire disclosure – see at least abstract] for use with an intravascular device [¶¶2-8], the torque device comprising:
only a first component [102] and a second component [200, 202] such that the first component defines a distal end of the torque device and the second component defines a proximal end of the torque device [Fig. 3], wherein the first component comprises:
a singular body [central-most portion of 102 nearest 129 and 132] comprising an opening [128] sized and shaped to receive a proximal portion of the intravascular device; [abstract]
and only a first arm and a second arm extending from the body; [first and second of 102a-b]
and a space disposed between the first arm and the second arm, [a variety of features constitute(s), under BRI, a form of a ‘space’ between the arms such as (most preferably) the gap between 200 and 202 filled by 102c or even the slight gap between 200/202 and 102a-b as shown in cross section of Fig. 3]
wherein the proximal portion of the intravascular device is configured to extend within the space between the first and the second arm, [¶35, ¶¶38-41]
wherein relative rotational movement between the first component and the second component upon coupling the first component and the second component are configured to cause the first arm and the second arm to grip the proximal portion of the intravascular device. [¶¶37-41 esp. ¶40]
For claim(s) 1 and 9, Opie fails to teach each of the first arm and the second arm extending from a proximal end of the body and comprising a single planar inner surface and semicircular outer surface comprising a continuous half of a circle.
Christensen teaches a torque device comprising a first arm and a second arm extending from a proximal end of a central body along a longitudinal axis [four fingers 16 in sheets 1-6 where any adjacent two of 16 can constitute(s), under BRI, a form of a first and second arm] with a single planar inner surface [22] comprising a longitudinal recess sized and shaped to receive the proximal portion of the intravascular device, [see annotated sheet 6 of Christensen below clearly depicting the longitudinal recess] and a semicircular outer surface forming a continuous half circle [shown in sheet 3 in view of two finger embodiment as in ¶21] where the planar inner surface and semicircular outer surface directly meet on two opposite sides of the first component [sheet 3] wherein the single planar inner surface of each of the first arm and the second arm are disposed parallel to the central longitudinal axis and opposite each other. [see esp. sheets 4 and 8]
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It would have been obvious to one of ordinary skill at the time the invention was filed to modify the first and second arms of the torque device of Opie to incorporate the arm shape of the torque device of Christensen in order to aid in guidewire handling. As motivated by Christensen ¶¶8-10.
For claim 5, Opie teaches The torque device of claim 3, wherein the space is disposed between the first planar surface and the second planar surface. [space between any two or more of 116 to receive guidewire in ¶34]
For claim 7, Opie teaches The torque device of claim 1, wherein the first planar surface is configured to grip the proximal portion of the intravascular device against the second planar surface while the proximal portion of the intravascular device is received within the longitudinal recess. [¶¶34-35]
For claim 8, Opie teaches The torque device of claim 1, wherein the body comprises a central lumen [120] in communication with the opening, wherein the central lumen is sized and shaped to slidably receive the proximal portion of the intravascular device. [¶¶34-35]
For claim 10, Opie teaches The torque device of claim 1, wherein the second component is movable relative to the first component [¶¶34-41] between:
an open position in which the torque device is configured to slidably receive the proximal portion of the intravascular device between the first arm and the second arm of the first component; and a closed position in which the torque device fixedly engages the proximal portion of the intravascular device between the first arm and second arm of the first component. [tightening of collets 116 and thereby the fixed engagement of the elongate member between 102a and 102b discussed in ¶¶38-40].
For claim 11, Opie teaches The torque device of claim 10, wherein the proximal portion of the intravascular device is fixedly engaged over only a single contact area, wherein the single contact area is disposed between the first arm and the second arm of the first component. [¶34 where teeth 116 constitute(s), under BRI, a form of a ‘single contact area’]
For claim 12, Opie teaches The torque device of claim 1, wherein a distal portion of the first component comprises a first plurality of radial projections extending longitudinally along the first component and circumferentially separated from one another by a first spacing, and wherein a distal portion of the second component comprises a second plurality of radial projections extending longitudinally along the second component and circumferentially separated from one another by the first spacing. [threads 108 and 114 engaging with threads 216 per Fig. 3 in ¶38 constitute(s), under BRI, a form of radial projections on the first and second components spaced from one another by a first spacing]
For claim(s) 14, Christensen teaches (in the motivated combination of claim(s) 1, the semicircular outer surface is smooth. [sheets 1-7]. As motivated in claim(s) 1.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Opie in view of Christensen and McArthur (US 20160114139 A1).
Opie fails to teach mutually differently spaced radial projections on the first and second portions of the second body.
McArthur teaches a torque device [Fig. 1] having a body [110] having first [135] and second [124] portions where the first portion of the body comprises a first plurality of radial projections [139] extending longitudinally along the body and separated from one another along the body by a first spacing, [Figs. 1-2], wherein the second portion of the second body comprises a second plurality of radial projections [127] extending longitudinally along the second body and separated from one another along the body by a different second spacing [Fig. 1].
It would have been obvious to one of ordinary skill at the time the invention was filed to modify the first and second portions of the body of Opie to incorporate the mutually differently spaced radial projections of McArthur in order to improve handling of the device. As motivated by McArthur ¶¶27-29.
Response to Arguments
Applicant's 4/6/26 arguments with respect to the prior art have been fully considered but they are not persuasive.
Applicant argues in remarks p. 6-8 that Opie in view of Christensen fails to make obvious the claimed structure which would ‘comprise only’ the recited elements as the claim(s) limit(s) that ‘only’ what is recited may be part of the structure in the order as written. Examiner respectfully submits that such a position appears to not account for the open-ended nature of the transitional term ‘comprising’ where then additional structures and elements other than those recited in the claim are able to be present in the reference as may be the case with Opie. Applicant’s position is that the use of the term ‘only’ precludes differing or additional arrangements other than what is set forth in the claim(s). However, the use of the term ‘only’ does not override or negate the breadth of the transitional term ‘comprising’. To wit, the recitation of the transitional term ‘comprising’ opens the claimed structure to include elements and additional components in the art that may not be intended by Applicant.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
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/BENJAMIN S MELHUS/ Primary Examiner, Art Unit 3791
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