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
Claims 1-3 and 24-30 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 01/14/2026.
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.
Claims 15-17 are 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.
Regarding claims 15-17, the claims recite both a broad and narrow range of percentages in the same claim (e.g., claim 15: “wherein the percentage difference of diameter… is comprised between 3% and 30%, in particular between 5% to 20%”), rendering the claim indefinite because it is unclear which numerical range Applicant is intended to claim. As per MPEP 2173.05(c)(I): “Use of a narrow numerical range that falls within a broader range in the same claim may render the claim indefinite when the boundaries of the claim are not discernible. Description of examples and preferences is properly set forth in the specification rather than in a single claim. A narrower range or preferred embodiment may also be set forth in another independent claim or in a dependent claim. If stated in a single claim, examples and preferences lead to confusion over the intended scope of the claim. In those instances where it is not clear whether the claimed narrower range is a limitation, a rejection under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph should be made. The Examiner should analyze whether the metes and bounds of the claim are clearly set forth. Examples of claim language which have been held to be indefinite are (A) ‘a temperature of between 45 and 78 degrees Celsius, preferably between 50 and 60 degrees Celsius’; and (B) ‘a predetermined quantity, for example, the maximum capacity.’”. For examination purposes, these claims have been interpreted without the “in particular between” language.
Allowable Subject Matter
Claims 14 and 18-23 are allowed.
The following is an examiner’s statement of reasons for allowance: In the closest prior art, Taubert et al. (US 2017/0239464) discloses an implantable pacing and/or defibrillation lead, said lead extending from a proximal end to a distal end, wherein the proximal end of the lead is configured to be connected to an implantable medical device (Fig. 3, lead 10; para. 30), the lead comprising: an active fixation electrode at the distal end of the lead (Fig. 2A, electrode coil 3), which is mechanically and electrically coupled to a conductive driver shaft moveably arranged in a distal housing portion of the lead (actuation shaft 5), wherein the active fixation electrode is movable from a retracted position in which the active fixation electrode is completely housed inside the distal housing portion, to an extended position, in which the active fixation electrode extends in a distal direction at least partially beyond the distal housing portion (para. 5), said lead further comprising: a guiding member arranged inside the distal housing portion and comprising a tubular body electrically connected with the distal housing portion, wherein the conductive driver shaft is slideably and rotatably arranged through a lumen extending through the tubular body (Fig. 3, contact sleeve 11; para. 33), and a sealing means for sealing the distal housing portion from the distal end of the lead, the sealing means comprising a sealing ring (Fig. 3, sealing ring 7) having at least two portions with respect to a central longitudinal axis of said sealing ring (sealing ring 7 can be divided in half along central axis to provide two portions), a first portion of the sealing ring being arranged around the conductive driver shaft (Fig. 3, sealing ring 7 is disposed around shaft 5; see also Fig. 2A).
Taubert does not disclose a second portion of the sealing ring being arranged around the tubular body of the guiding member, the first portion of the sealing ring having an external diameter strictly less than an internal diameter of the distal housing portion, and the first portion of the sealing ring having an internal diameter strictly less than an external diameter of the conductive driver shaft, and the second portion of the sealing ring having an external diameter strictly more than the internal diameter of the distal housing portion.
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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Doan (US 6687550) discloses an active fixation electrode lead (Abstract).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Anant A Gupta whose telephone number is (571)272-8088. The examiner can normally be reached Mon-Fri 9 am - 5 pm ET.
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, Niketa Patel can be reached at (571) 272-4156. 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.
/A.A.G./Examiner, Art Unit 3792
/NIKETA PATEL/Supervisory Patent Examiner, Art Unit 3792