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 .
Disposition of Claims
Claims 1-3 and 5-24 are pending in the application. Claim 4 has been cancelled. Claims 17-23 are withdrawn from consideration due to Applicant’s elections.
Amendments to claims 1-3 and 5-16, and new claim 24, filed on 2/24/2026, have been entered in the above-identified application.
Drawings
The drawings were received on 2/24/2026. These drawings are acceptable.
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 1-3, 5-16 and 24 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.
Claim 1 recites the limitation “wherein the device is a surgical device.” It is unclear if this limitation refers to the device in the preamble of the claim or to the claimed medical device. Claims 2-3, 5-16 and 24 are rejected because they depend from claim 1.
Claim Rejections - 35 USC § 102 or 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 1-3, 5-9, 14 and 16 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Bauco (US 2015/0049992 A1).
Regarding claims 1-2 and 5, Bauco teaches an optical communication cable (Abstract and [0026]). The optical communications cable includes an optical transmission element located in a channel, and a resistive heating element extending at least a portion of the length of the cable body (Abstract). For instance, with reference to FIG. 3 and 4, cable 30 includes a transmission element, shown as optical fiber 32, located within a cable body, shown as cable jacket 34 ([0028]). Cable 30 also includes a resistive heating element, shown as heating wire 36 ([0028]; also see [0038], [0047] and FIG. 8). In general, heating wire 36 is a resistive heating element configured to generate heat to increase the temperature of cable 30 in response to current flow through heating wire 36 ([0031]). In various embodiments, heating wire 36 has a gauge or diameter to provide both suitable overall electrical resistance and flexibility ([0039]). In various embodiments, cable jackets discussed, e.g., cable jacket 34, may be a variety of materials used in cable manufacturing such as medium-density polyethylene, polyvinyl chloride (PVC), polyvinylidene difluoride (PVDF), nylon, polyester or polycarbonate and their copolymers (a thermally expandable material, as claimed) ([0057]). The examiner notes that polycarbonate, for instance, would meet the claim 2 limitation “thermally expandable material that has a coefficient of linear thermal expansion between 0.2 x 10-4 and 10 x 10-4 K-1.”
With reference to FIGS. 3 and 4, Bauco teaches that cable jacket 34 includes an inner surface 38 and an outer surface 40 ([0029]). Inner surface 38 defines a channel, shown as central cavity 42, and in the embodiment shown, outer surface 40 defines the exterior surface of cable 30 [0029]). The examiner notes that the central cavity 42 would be capable of acting as a channel for deployment of a medical device and/or acting as channels for fluids.
With respect to the claimed surgical device, the examiner notes that the optical communication cable would be capable of functioning as a surgical device as it may bend readily and repeatedly and could therefore be used in minimally invasive surgical applications. As applied above, the optical communication cable also comprises a resistance wire that may be heated, and further comprises a central cavity that is capable of acting as a channel for deployment of a medical device and/or acting as a channel for fluids.
It would also have been obvious to one having ordinary skill in the art prior to the effective filing date of the invention to have expected that the optical communication cable would be capable of functioning as a surgical device as it may bend readily and repeatedly and comprises a resistance wire that may be heated.
Regarding claim 3, Bauco teaches that, in various embodiments, heating wire 36 is formed from a nickel chromium alloy (e.g., nichrome) ([0038]). In other embodiments, heating wire 36 is formed from a pure nickel (i.e., substantially all nickel except for impurities common in metal stock) ([0038]).
Regarding claim 6, the examiner notes that, as can be seen in FIG. 3 of Bauco, central cavity 42 forms an air gap between heating wire 36 and an outer surface of the fiber.
Regarding claim 7, the examiner notes that the term diametrically opposite is interpreted as referring to two points on a sphere (or circle) that are opposite through the center of the sphere or circle. As claimed, the term is not limited to a particular sphere or circle. The examiner notes that for the positions of the heating wire 36 and the central cavity 42 shown in FIG. 3, the central cavity 42 can be seen as forming a fluid channel diametrically opposite the heating wire.
Regarding claim 8, Bauco teaches that heating wire 36 is a contiguous electrically conductive wire including a first end 50 and a second end 52, and heating wire 36 extends substantially the entire length of cable jacket 34 ([0032]). In embodiments, first end 50 and second end 52 may be coupled to a metallic or otherwise electrically conductive component located at the respective ends of cable jacket 34 ([0033]). For example, in one embodiment, metallic couplers (e.g., metallic crimp bands) used to attach connectors 14 to the ends of cable jacket 34 are in contact with first end 50 and second end 52 of heating wire 36, and in this embodiment, voltage source 54 and ground 56 are coupled to heating wire 36 by coupling the respective component to the conductive portion of the connector ([0033]). The examiner notes that the metallic or otherwise electrically conductive component and the heating wire would therefore be connected in such a way that electrical power can be applied to the resistance wire.
Regarding claims 9 and 16, Bauco teaches that, referring to FIG. 9, a cable 150 is shown according to an exemplary embodiment ([0052]). Cable 150 is substantially the same as cable 30 except that cable 150 includes a two wire resistive heating element 152 and cable end indicators, shown as first LED 154 and second LED 156 ([0052]). In this embodiment, resistive heating element 152 includes a first wire 158 and second wire 160 ([0052]). The examiner notes that the first wire 158 would meet the claimed resistance wire limitation and second wire 160 would meet either the claimed “conducting wire” or “plurality of resistance wires” limitations. Bauco further teaches that first wire 158 and second wire 160 are electrically coupled by connector wires 162 located within connectors 14 ([0052]). The examiner notes that the FIG. 10 embodiment of Bauco would also similarly apply ([0055]).
Regarding claim 14, Bauco remains as applied above, teaching that, in various embodiments, cable jackets discussed, e.g., cable jacket 34, may be a variety of materials used in cable manufacturing such as medium-density polyethylene, polyvinyl chloride (PVC), polyvinylidene difluoride (PVDF), nylon, polyester or polycarbonate and their copolymers (a thermally expandable material, as claimed) ([0057]). Further, cable 30 may include one or more strengthening member embedded within the material of cable jacket 34 ([0029]). In various embodiments, the strengthening member is metal, braided steel, glass reinforced plastic, fiber glass, fiber glass yams or other suitable material ([0029]). The examiner notes that the disclosed materials would have different coefficients of linear thermal expansion.
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.
Claim(s) 11 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bauco (US 2015/0049992 A1).
Regarding claim 11, Bauco does not explicitly disclose wherein a portion of the resistance wire comprises an etched surface.
However, Bauco teaches that heating wire 36 is a contiguous electrically conductive wire including a first end 50 and a second end 52, and heating wire 36 extends substantially the entire length of cable jacket 34 ([0032]). In embodiments, first end 50 and second end 52 may be coupled to a metallic or otherwise electrically conductive component located at the respective ends of cable jacket 34 ([0033]). For example, in one embodiment, metallic couplers (e.g., metallic crimp bands) used to attach connectors 14 to the ends of cable jacket 34 are in contact with first end 50 and second end 52 of heating wire 36, and in this embodiment, voltage source 54 and ground 56 are coupled to heating wire 36 by coupling the respective component to the conductive portion of the connector ([0033]). In FIG. 1, connectors 14 are shown attached to hardware, such as servers 16 supported by equipment rack 10, and in FIG. 2, connectors 14 are shown interconnecting cables 12 with other fiber optic cables ([0025]).
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the invention to have etched a portion of the surface of the heating wires of Bauco in order to easily and securely place the ends of the heating wires into connectors for connections between cables.
Regarding claim 15, Bauco does not explicitly disclose a device further comprising a restrictive sheath adapted to receive the at least part of the fibre and restrict deflection of any part of the fibre received within the restrictive sheath.
However, Bauco teaches that In both FIG. 1 and FIG. 2, fiber optic cables 12 include connectors 14 located at the ends of the cables ([0025]). In FIG. 1, connectors 14 are shown attached to hardware, such as servers 16 supported by equipment rack 10, and in FIG. 2, connectors 14 are shown interconnecting cables 12 with other fiber optic cables ([0025]).
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the invention to have provided connectors that are capable of at least partially sheathing and restricting the deflection of any part of the cable with the connector in order to both obtain and maintain secure connections between interconnected cables (see [0025] and FIGS. 1-2).
Claim(s) 1-3, 8-14, 16 and 24, is/are rejected under 35 U.S.C. 103 as being unpatentable over Manipatruni et al. (US 2014/0170920 A1) in view of Chuang et al. (US 2019/0203383 A1), with evidence from Licari (Handbook of Polymer Coatings for Electronics).
Regarding claims 1-3, Manipatruni teaches flexible electrically functional fibers that may include a single core of electronically active material(s), a bundle of independent electrical conductors, or can include coaxial layers of electronically active and inactive materials ([0017]). The flexible electrically functional fibers may include specific electronic features and capabilities such as low resistance conductors, piezo resistant materials, piezoluminescent materials and capacitive materials ([0017]). Functional fibers, such as those shown in the embodiments of FIGS. 1A-C may be easily bendable, similar to a natural or synthetic non-electrically functional fiber ([0019]).
Functional fiber 12, shown in FIG. 1B, provides a transverse cross sectional view of one embodiment of a composite functional fiber in which a plurality of electrically functional fibers 22 (a resistance wire as claimed) are embedded in embedding material 26 ([0025]). The functional fibers 22 and embedding material 26 can in turn be surrounded by coating material 16 ([0025]). Individual functional fibers 22 may be made out of any suitable material including the materials described with reference to core 20 (in the preceding embodiment of FIG. 1A) ([0025]). In some embodiments, embedding material 26 can comprise one or more of the materials used for core 20 or for outer layer 16 ([0026]). Core 20 may comprise materials that exhibit resistivity values of, for instance, less than 10−2 Ω·m, less than 10−4 Ω·m, less than 10−5 Ω·m, less than 10−6 Ω·m, less than 10−7 Ω·m, less than 2.0×10−8 Ω·m or less than 1.7×10−8 Ω·m, in accordance with some embodiments ([0020]). In some embodiments layer 16 may be opaque, translucent or transparent ([0024]). The layer can include a polymeric material, can consist essentially of a polymeric material or can be exclusively a polymeric material ([0024]). Example polymers may include, for example, polyolefins such as polyethylene and polypropylene and halogenated polymers such as polyvinylchloride and PTFE (thermally expandable material, as claimed) ([0024]). Additional example polymers include materials such as rayon, nylon, acrylic, polyester and aramid (thermally expandable material, as claimed) ([0024]).
The examiner notes that, based on the resistivity values taught by Manipatruni, the functional fibers 22 would be capable of increasing in temperature when electrical power is applied to them. In addition, as evidenced by Licari, polyethylene, for instance, has a coefficient of linear thermal expansion of 83-167 ppm/°F (1.49 x 10-4 K-1 to 3.0 x 10-4 K-1, as calculated by the examiner) (page 368).
Manipatruni dos not explicitly disclose, in the embodiment of FIG. 1B, wherein the fibre further comprises one or more voids extending longitudinally at least partially through the fibre, wherein the one or more voids are configured to act as a channel for deployment of a medical device and/or are able to act as channels for fluids.
However, in an embodiment, Chuang teaches preparing solid conductive elastic fibers, hollow conductive elastic fibers or conductive elastic fibers with a core-shell structure ([0012]).
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the invention to have provided the fibers of Manipatruni as either solid conductive elastic fibers, hollow conductive elastic fibers or conductive elastic fibers with a core-shell structure in order to provide the fibers with additional functionality and/or in order to adjust and balance the stretchability and mechanical strength properties of the fibers (Chuang: [0012]).
The examiner notes that a hollow core would be capable of acting as a channel for deployment of a medical device and/or acting as channels for fluids. (Also see [0072]).
With respect to the claimed surgical device, the examiner notes that the functional fibers of Manipatruni would be capable of functioning as a surgical device as they may bend readily and repeatedly and could therefore be used in minimally invasive surgical applications. As applied above, the functional fibers also comprise a resistance wire that may be heated, and further comprise a hollow core that is capable of acting as a channel for deployment of a medical device and/or acting as a channel for fluids.
Regarding claims 8-10 and 16, the examiner notes that the electrically functional fibers 22 of Manipatruni meet both the claimed resistance wire and electrical conductor (or conducting wire) limitations. Manipatruni teaches that, in embodiments, an end portion of the non-electrical components, e.g., the core and the outer coating can be removed and the remaining electrical components, e.g., the high conductivity layers and low-k layer(s) or other suitable conductive/dielectric configuration, can be bonded together using, for example, heat, pressure, ultrasound or radiation ([0062]). In addition, or in the alternative, Manipatruni teaches that, in some embodiments, embedding material 26 can comprise one or more of the materials used for core 20 or for outer layer 16 ([0026] and FIG. 1B; also see [0020]). The examiner notes that the electrically functional fibers 22, which meet both the claimed resistance wire and electrical conductor (or conducting wire) limitations, would therefore, in embodiments, be operatively connected to each other by the embedding material 26 in such a way that electrical power can be applied to the resistance wire.
Regarding claim 11, Manipatruni does not explicitly disclose wherein a portion of the resistance wire comprises an etched surface.
However, Manipatruni teaches that functional fibers 22 may vary in diameter both within a functional fiber and between functional fibers (0025]).
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the invention to have etched portions of the surfaces of the functional fibers 22 in order to obtain variations in diameter within the functional fibers, as desired by Manipatruni ([0025]).
Regarding claims 12-13, Manipatruni teaches that a portion of a functional fiber including a piezo functional material can have a same or similar diameter as the portion of the functional fiber comprising an interconnect ([0037]; also [0035]). Multiple piezo active materials may be formed in a functional fiber at consistent and/or varying intervals along the fiber ([0037]). In the embodiment shown in FIG. 7, the functional fibers such as 722a can include protrusions or sunken features that provide for interconnect areas for mating with complementary features on dies 712 a-c ([0048]). Manipatruni also teaches that, as illustrated in FIG. 2A, the functional fibers can be used in twisted pair configurations, in accordance with some embodiments ([0032]). The examiner notes that these twisted pairs would comprise a plurality of circumferential grooves positioned incrementally along a portion, as claimed in claim 12 (FIGS. 2A and 2B). In the alternative, with respect to claim 12, in the event that Manipatruni does not explicitly disclose wherein a portion of the fibre comprises a plurality of circumferential grooves positioned incrementally along the portion, Manipatruni teaches that a portion of a functional fiber including a piezo functional material can have a same or similar diameter as the portion of the functional fiber comprising an interconnect ([0037]; also [0035]). Multiple piezo active materials may be formed in a functional fiber at consistent and/or varying intervals along the fiber ([0037]). In the embodiment shown in FIG. 7, the functional fibers such as 722a can include protrusions or sunken features that provide for interconnect areas for mating with complementary features on dies 712 a-c ([0048]).
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the invention to have provided the fibers of Manipatruni with a plurality of circumferential grooves positioned incrementally along the fibers in order to provide sunken features that provide for interconnect areas for mating with complementary features on dies, such as when the dies are affixed on and/or between layers of fabric and are arranged in a pattern (see [0047]-[0048] and FIG. 7).
Regarding claim 14, Manipatruni teaches that, in some embodiments, embedding material 26 can comprise one or more of the materials (a first and a second thermally expandable material as claimed) used for core 20 or for outer layer 16 ([0026]). In some embodiments layer 16 may be opaque, translucent or transparent ([0024]). The layer can include a polymeric material, can consist essentially of a polymeric material or can be exclusively a polymeric material ([0024]). Example polymers may include, for example, polyolefins such as polyethylene and polypropylene and halogenated polymers such as polyvinylchloride and PTFE (thermally expandable material as claimed) ([0024]). Additional example polymers include materials such as rayon, nylon, acrylic, polyester and aramid (thermally expandable material as claimed) ([0024]). As evidenced by Licari, for instance, polyethylene has a higher coefficient of linear thermal expansion than polyvinylchloride does (page 368).
Regarding claim 24, Manipatruni teaches, in an embodiment, that a composite 926 may be drawn through a series of progressively smaller dies until a flexible electrically functional fiber 914 of desired thickness is achieved ([0058] and FIG. 9).
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the invention to have drawn the fibers of Manipatruni in order to adjust the thickness and mechanical properties of the fibers.
Response to Arguments
Applicant's arguments filed 2/24/2026 have been fully considered but they are not persuasive.
Applicant contends the following: ‘Bauco, in contrast, merely "relates generally to cables and more particularly to optical communication cables including a heating element configured to raise the temperature of the outer surface of the cable" (Bauco, para. [0002]). The cable of Bauco is provided for an entirely different function: "The heating allows a user, e.g., a network operator, to use the increased temperature of the cable to identify a particular cable within groups or bundles of cables typical within many network installations. Because the heating element runs substantially the entire length of the cable, the increased temperature allows the entire length of the cable to be identified from the other cables within a group of cables allowing the network operator to more easily remove, repair, untangle, disconnect, etc. a particular cable from all of the other cables within the group." See Bauco para. [0021].’
Regarding this contention, the examiner notes that the optical communication cable of Bauco would be capable of functioning as a surgical device as it may bend readily and repeatedly and could therefore be used in minimally invasive surgical applications. As applied above, the optical communication cable also comprises a resistance wire that may be heated, and further comprises a central cavity that is capable of acting as a channel for deployment of a medical device and/or acting as a channel for fluids. Therefore, the optical communication cable of Bauco meets the claimed limitation.
Applicant contends the following: “Manipatruni fails to anticipate the claims for the same reason as Bauco. Manipatruni is not at all related to medical applications, much less to surgical devices. Manipatruni merely describes flexible electronically functional fabrics made using flexible electronically functional fibres and textile fibres (Manipatruni, Abstract). Thus, Manipatruni fails to disclose a surgical device containing a fibre with a channel for deployment of a medical device and/or for fluids.”
Regarding this contention, the examiner notes that the hollow functional fibers of Manipatruni would be capable of functioning as a surgical device as they may bend readily and repeatedly and could therefore be used in minimally invasive surgical applications. As applied above, the functional fibers also comprise a resistance wire that may be heated, and further comprise a hollow core that is capable of acting as a channel for deployment of a medical device and/or acting as a channel for fluids. Therefore, the hollow functional fibers of Manipatruni meets the claimed limitation.
Applicant contends the following: “…Bauco and Manipatruni both relate to extruded structures. Thus, neither of these references can anticipate newly presented claim 24.”
Regarding this contention, as applied above, Manipatruni teaches, in an embodiment, that a composite 926 may be drawn through a series of progressively smaller dies until a flexible electrically functional fiber 914 of desired thickness is achieved ([0058] and FIG. 9). Therefore, Manipatruni meets the claimed limitation.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Gellman et al. (US 2011/0190683 A1) teaches a catheter (or cannula) that is small enough in diameter to be placed minimally invasively into the body of a patient (Abstract). The catheter comprises an elongated member including a tubular wall defining at least one lumen extending therethrough ([0013]. The elongated member comprises a shape memory polymer ([0013]). As indicated in FIG.15A, the SMP can be fabricated with wires 1510 placed within the SMP wall of the cannula 1504, and resistance heating of these wires 1510 can be employed to induce a temperature change within the polymer to recover the SMP's desired shape ([0074]).
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 Kevin Worrell whose telephone number is (571)270-7728. The examiner can normally be reached Monday-Friday.
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, Marla McConnell can be reached at 571-270-7692. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Kevin Worrell/Examiner, Art Unit 1789
/MARLA D MCCONNELL/Supervisory Patent Examiner, Art Unit 1789
Prosecution Insights