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 .
Response to Amendment
The amendment filed on 3/6/2026 has been entered. Claims 1-10 are pending in the application. The amendments to the claims and specification overcome each and every objection and 112(b) rejection previously set forth in the Non-Final Office Action mailed on 12/8/2025.
Claim Objections
Claims 1, 3-6, and 10 are objected to because of the following informalities:
-Claim 1, line 8: please correct “the protrusion part” to “the protrusion part of each of the distal tapered part, the straight tubular part, and the proximal tapered part”
-Claim 1, line 18: please correct “a deflated state” to “the deflated state”
-Claim 1, line 20: please correct “and” to “or”
-Claim 1, line 28: please correct “a deflated state” to “the deflated state”
-Claim 3, line 15: please correct “and” to “or”
-Claim 4, line 5: please correct “and” to “or”
-Claim 5, line 15: please correct “and” to “or”
-Claim 6, line 5: please correct “an inflated state” to “the inflated state”
-Claim 10, line 12: please correct “having” to “each having”
-Claim 10, line 20: please correct “and” to “or”
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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.
Claims 1, 6, and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Farnan (US 2010/0121372 A1).
Regarding claim 1, Farnan discloses a balloon for a balloon catheter (see Figs. 1-4, par. [0015]-[0016]) comprising:
a balloon body (balloon 1) having an outer surface (outer surface of balloon 1) and an inner surface (inner surface of balloon 1) (see Fig. 1), wherein
the balloon body (balloon 1) has a straight tubular part (non-tapered part of balloon 1 between distal end 4 and proximal end 3, see generally where 1 is pointing in Figs. 1-2), a distal tapered part (distal tapered part of balloon 1 nearest distal end 4) located distal to the straight tubular part (non-tapered part of balloon 1 between distal end 4 and proximal end 3, see generally where 1 is pointing in Figs. 1-2), and a proximal tapered part (proximal tapered part of balloon 1 nearest proximal end 3) located proximal to the straight tubular part (non-tapered part of balloon 1 between distal end 4 and proximal end 3, see generally where 1 is pointing in Figs. 1-2) (see Figs. 1-2),
the distal tapered part (distal tapered part of balloon 1 nearest distal end 4), the straight tubular part (non-tapered part of balloon 1 between distal end 4 and proximal end 3, see generally where 1 is pointing in Figs. 1-2), and the proximal tapered part (proximal tapered part of balloon 1 nearest proximal end 3) each have a protrusion part (struts 5) that projects outwardly in a radial direction from the outer surface (outer surface of balloon 1) of the balloon body (balloon 1) and extends in a longitudinal axis direction of the balloon body (balloon 1) (see Figs. 1-4, par. [0018]-[0021]),
the protrusion part (struts 5) has a tip part (radially outermost tip of struts 5) in a cross section in the radial direction of the balloon body (balloon 1) (see Figs. 1-4, par. [0018]-[0021]), and
the balloon (see Figs. 1-4) satisfies at least one of the following (1) or (2):
(1) in a deflated state of the balloon for the balloon catheter, the tip part (radially outermost tip of struts 5) of the protrusion part (struts 5) of the distal tapered part (distal tapered part of balloon 1 nearest distal end 4) is located on a first direction side and not on a second direction side, or located on the second direction side and not on the first direction side, in a circumferential direction of the balloon body (balloon 1) with respect to a straight line Ld connecting the tip part (radially outermost tip of struts 5) at a proximal end of the distal tapered part (distal tapered part of balloon 1 nearest distal end 4) and the tip part (radially outermost tip of struts 5) at a distal end of the distal tapered part (distal tapered part of balloon 1 nearest distal end 4) (see annotated Fig. 3 below, see par. [0018]-[0021], struts 5 have radial and longitudinal bends when deflated which expand when inflated to accommodate the expansion of the balloon 1); and
a maximum value of a distance from the straight line Ld to the tip part (radially outermost tip of struts 5) of the protrusion part (struts 5) of the distal tapered part (distal tapered part of balloon 1 nearest distal end 4) in a deflated state of the balloon is greater than a maximum value of a distance from the straight line Ld to the tip part (radially outermost tip of struts 5) of the protrusion part (struts 5) of the distal tapered part (distal tapered part of balloon 1 nearest distal end 4) in an inflated state of the balloon (see annotated Fig. 3 below, see par. [0018]-[0021], struts 5 have radial and longitudinal bends when deflated which expand when inflated to accommodate the expansion of the balloon 1 such that the distance from the tip part to the straight line Ld would be greater in the deflated state than in the inflated state); and
(2) in a deflated state of the balloon for the balloon catheter, the tip part (radially outermost tip of struts 5) of the protrusion part (struts 5) of the proximal tapered part (proximal tapered part of balloon 1 nearest proximal end 3) is located on a first direction side and not on a second direction side, or located on the second direction side and not on the first direction side, in a circumferential direction of the balloon body (balloon 1) with respect to a straight line Lp connecting the tip part (radially outermost tip of struts 5) at a distal end of the proximal tapered part (proximal tapered part of balloon 1 nearest proximal end 3) and the tip part (radially outermost tip of struts 5) at a proximal end of the proximal tapered part (proximal tapered part of balloon 1 nearest proximal end 3) (see annotated Fig. 3 below, see par. [0018]-[0021], struts 5 have radial and longitudinal bends when deflated which expand when inflated to accommodate the expansion of the balloon 1); and
a maximum value of a distance from the straight line Lp to the tip part (radially outermost tip of struts 5) of the protrusion part (struts 5) of the proximal tapered part (proximal tapered part of balloon 1 nearest proximal end 3) in a deflated state of the balloon is greater than a maximum value of a distance from the straight line Lp to the tip part (radially outermost tip of struts 5) of the protrusion part (struts 5) of the proximal tapered part (proximal tapered part of balloon 1 nearest proximal end 3) in an inflated state of the balloon (see annotated Fig. 3 below, see par. [0018]-[0021], struts 5 have radial and longitudinal bends when deflated which expand when inflated to accommodate the expansion of the balloon 1 such that the distance from the tip part to the straight line Lp would be greater in the deflated state than in the inflated state).
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Regarding claim 6, Farnan discloses the balloon for the balloon catheter according to claim 1, wherein the balloon is configured so that the tip part (radially outermost tip of struts 5) of the protrusion part (struts 5) of the distal tapered part (distal tapered part of balloon 1 nearest distal end 4), the tip part (radially outermost tip of struts 5) of the protrusion part (struts 5) of the straight tubular part (non-tapered part of balloon 1 between distal end 4 and proximal end 3, see generally where 1 is pointing in Figs. 1-2), and the tip part (radially outermost tip of struts 5) of the protrusion part (struts 5) of the proximal tapered part (proximal tapered part of balloon 1 nearest proximal end 3) are located at a same position in the circumferential direction of the balloon body (balloon 1) in an inflated state of the balloon for the balloon catheter (see annotated Fig. 3 below, see par. [0018]-[0021], struts 5 have radial and longitudinal bends when deflated which expand and stretch out when inflated to accommodate the expansion of the balloon 1).
Regarding claim 8, Farnan discloses the balloon for the balloon catheter according to claim 1, wherein the protrusion part (struts 5) of the distal tapered part (distal tapered part of balloon 1 nearest distal end 4), the protrusion part (struts 5) of the straight tubular part (non-tapered part of balloon 1 between distal end 4 and proximal end 3, see generally where 1 is pointing in Figs. 1-2), and the protrusion part (struts 5) of the proximal tapered part (proximal tapered part of balloon 1 nearest proximal end 3) extend continuously in the longitudinal axis direction of the balloon body (balloon 1) (see Figs. 1-4, struts 5 are continuous in the longitudinal axis direction from distal end 4 to proximal end 3).
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.
Claims 2 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Farnan (US 2010/0121372 A1), as applied to claim 1 above, in view of Kunis (US 2005/0137618 A1).
Regarding claim 2, Farnan discloses the balloon for the balloon catheter according claim 1. However, Farnan fails to expressly state wherein the balloon for the balloon catheter is folded in the deflated state of the balloon for the balloon catheter.
Kunis teaches a balloon (balloon 38, see Fig. 9) for a balloon catheter (balloon catheter 11', see Fig. 7, par. [0027]-[0028]) wherein the balloon (balloon 38) for the balloon catheter (balloon catheter 11') is folded in the deflated state (see Fig. 9) of the balloon (balloon 38) for the balloon catheter (balloon catheter 11') (see par. [0028]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the balloon of Farnan to include wherein the balloon for the balloon catheter is folded in the deflated state of the balloon for the balloon catheter, as taught by Kunis, in order to maintain that the deflated balloon is tightly wrapped around the catheter which facilitates in-vivo movement of the balloon catheter (see Kunis par. [0007]).
Regarding claim 7, Farnan discloses the balloon for the balloon catheter according claim 1. However, Farnan fails to expressly state wherein the balloon body has a wing forming portion that forms a wing in the deflated state, and the protrusion part is located outside the wing forming portion.
Kunis teaches a balloon (balloon 38, see Fig. 9) for a balloon catheter (balloon catheter 11', see Fig. 7, par. [0027]-[0028]) wherein the balloon body (body of balloon 38) has a wing forming portion (pleats 36') that forms a wing (pleats 36') in the deflated state (see Fig. 9), and the protrusion part (blades 40) is located outside the wing forming portion (pleats 36') (see Fig. 9, par. [0028]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the balloon of Farnan to include wherein the balloon body has a wing forming portion that forms a wing in the deflated state, and the protrusion part is located outside the wing forming portion, as taught by Kunis, in order to maintain that the deflated balloon is tightly wrapped around the catheter which facilitates in-vivo movement of the balloon catheter (see Kunis par. [0007]).
Claims 3-5 are rejected under 35 U.S.C. 103 as being unpatentable over Farnan (US 2010/0121372 A1), as applied to claim 1 above.
Regarding claim 3, Farnan discloses the balloon for a balloon catheter according to claim 1, wherein in the deflated state of the balloon for the balloon catheter, the proximal end of the distal tapered part (distal tapered part of balloon 1 nearest distal end 4) and the distal end of the proximal tapered part (proximal tapered part of balloon 1 nearest proximal end 3) are nearest to the straight tubular part (non-tapered part of balloon 1 between distal end 4 and proximal end 3, see generally where 1 is pointing in Figs. 1-2) and are defined as a position of 0%, and the distal end of the distal tapered part (distal tapered part of balloon 1 nearest distal end 4) and the proximal end of the proximal tapered part (proximal tapered part of balloon 1 nearest proximal end 3) are defined as a position of 100% in the longitudinal axis direction of the balloon body (body of balloon 20b) (see annotated Fig. 2 below).
However, Farnan fails to expressly state the balloon satisfies at least one of the following (1) or (2): (1) the tip part of the protrusion part in an entire extent of a section from a position of 20% to a position of 70% of the distal tapered part is located on the first direction side or on the second direction side with respect to the straight line Ld, and the tip part of the protrusion part in a section from a position of 90% to the position of 100% of the distal tapered part is not located on either the first direction side or the second direction side with respect to the straight line Ld; or (2) the tip part of the protrusion part in an entire extent of a section from a position of 20% to a position of 70% of the proximal tapered part is located on the first direction side or on the second direction side with respect to the straight line Lp, and the tip part of the protrusion part in a section from a position of 90% to the position of 100% of the proximal tapered part is not located on either the first direction side or the second direction side with respect to the straight line Lp.
It appears that the aforementioned limitations missing from Farnan would involve modifying the protrusion part (struts 5) to be curved in a more specific shape. Farnan teaches that the tip part (radially outermost tip of struts 5) of the protrusion part (struts 5) is curved at the proximal tapered part (proximal tapered part of balloon 1 nearest proximal end 3) and the distal tapered part (distal tapered part of balloon 1 nearest distal end 4) (see Figs. 1-4). Farnan also teaches that the exact shape of the curvature of the protrusion part (struts 5) can be sized to achieve accommodating the expansion of a particular balloon (see par. [0018]-[0020]). There is no evidence of record that establishes that changing the shape of the protrusion part (struts 5) would result in a difference in function of the Farnan balloon. Further, a person having ordinary skill in the art, being faced with modifying the balloon of Farnan, would have a reasonable expectation of success in making such a modification since the shape of the protrusion part can be sized to accommodate different balloon shapes and it appears the balloon of Farnan would function as intended being given the claimed shape. Lastly, Applicant has not established criticality for the claimed shape of the protrusion part, indicating that the protrusion part "preferably" achieves the claimed shape (see Specification par. [0010], [0041]). Therefore, it would have been an obvious matter of design choice to modify the shape of the protrusion part of Farnan to meet the claimed limitations since such a modification would have involved a mere change in the form or shape of a component. A change in form or shape is generally recognized as being within the level of ordinary skill in the art. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
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Regarding claim 4, modified Farnan teaches the balloon for the balloon catheter according to claim 3 substantially as claimed. However, modified Farnan fails to expressly state wherein the balloon satisfies at least one of the following (1) or (2): (1) a distance from the straight line Ld to the tip part of the protrusion part at a position of 40% of the distal tapered part is 1.2 times or longer than a distance from the straight line Ld to the tip part of the protrusion part at a position of 60% of the distal tapered part; and (2) a distance from the straight line Lp to the tip part of the protrusion part at a position of 40% of the proximal tapered part is 1.2 times or longer than a distance from the straight line Lp to the tip part of the protrusion part at a position of 60% of the proximal tapered part.
It appears that the aforementioned limitations missing from Farnan would involve modifying the protrusion part (struts 5) to be curved in a more specific shape. Farnan teaches that the tip part (radially outermost tip of struts 5) of the protrusion part (struts 5) is curved at the proximal tapered part (proximal tapered part of balloon 1 nearest proximal end 3) and the distal tapered part (distal tapered part of balloon 1 nearest distal end 4) (see Figs. 1-4). Farnan also teaches that the exact shape of the curvature of the protrusion part (struts 5) can be sized to achieve accommodating the expansion of a particular balloon (see par. [0018]-[0020]). There is no evidence of record that establishes that changing the shape of the protrusion part (struts 5) would result in a difference in function of the Farnan balloon. Further, a person having ordinary skill in the art, being faced with modifying the balloon of Farnan, would have a reasonable expectation of success in making such a modification since the shape of the protrusion part can be sized to accommodate different balloon shapes and it appears the balloon of Farnan would function as intended being given the claimed shape. Lastly, Applicant has not established criticality for the claimed shape of the protrusion part, indicating that the protrusion part "preferably" achieves the claimed shape (see Specification par. [0010], [0043]). Therefore, it would have been an obvious matter of design choice to modify the shape of the protrusion part of Farnan to meet the claimed limitations since such a modification would have involved a mere change in the form or shape of a component. A change in form or shape is generally recognized as being within the level of ordinary skill in the art. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Regarding claim 5, Farnan discloses the balloon for a balloon catheter according to claim 1, wherein in the deflated state of the balloon for the balloon catheter, the proximal end of the distal tapered part (distal tapered part of balloon 1 nearest distal end 4) and the distal end of the proximal tapered part (proximal tapered part of balloon 1 nearest proximal end 3) are nearest to the straight tubular part (non-tapered part of balloon 1 between distal end 4 and proximal end 3, see generally where 1 is pointing in Figs. 1-2) and are defined as a position of 0%, and the distal end of the distal tapered part (distal tapered part of balloon 1 nearest distal end 4) and the proximal end of the proximal tapered part (proximal tapered part of balloon 1 nearest proximal end 3) are defined as a position of 100% in the longitudinal axis direction of the balloon body (body of balloon 20b) (see annotated Fig. 2 above).
However, Farnan fails to expressly state the balloon satisfies at least one of the following (1) or (2) in the deflated state of the balloon for the balloon catheter: (1) the tip part of the protrusion part in an entire extent of a section from a position of 20% to a position of 70% of the distal tapered part is located inside or at a same position in the radial direction of the balloon body with respect to an imaginary curved surface obtained by rotating the straight line Ld around a central axis of the balloon body; and (2) the tip part of the protrusion part in an entire extent of a section from a position of 20% to a position of 70% of the proximal tapered part is located inside or at a same position in the radial direction of the balloon body with respect to an imaginary curved surface obtained by rotating the straight line Lp around a central axis of the balloon body.
It appears that the aforementioned limitations missing from Farnan would involve modifying the protrusion part (struts 5) to be curved in a more specific shape. Farnan teaches that the tip part (radially outermost tip of struts 5) of the protrusion part (struts 5) is curved at the proximal tapered part (proximal tapered part of balloon 1 nearest proximal end 3) and the distal tapered part (distal tapered part of balloon 1 nearest distal end 4) (see Figs. 1-4). Farnan also teaches that the exact shape of the curvature of the protrusion part (struts 5) can be sized to achieve accommodating the expansion of a particular balloon (see par. [0018]-[0020]). There is no evidence of record that establishes that changing the shape of the protrusion part (struts 5) would result in a difference in function of the Farnan balloon. Further, a person having ordinary skill in the art, being faced with modifying the balloon of Farnan, would have a reasonable expectation of success in making such a modification since the shape of the protrusion part can be sized to accommodate different balloon shapes and it appears the balloon of Farnan would function as intended being given the claimed shape. Lastly, Applicant has not established criticality for the claimed shape of the protrusion part, indicating that the protrusion part "preferably" achieves the claimed shape (see Specification par. [0011], [0044], [0048]). Therefore, it would have been an obvious matter of design choice to modify the shape of the protrusion part of Farnan to meet the claimed limitations since such a modification would have involved a mere change in the form or shape of a component. A change in form or shape is generally recognized as being within the level of ordinary skill in the art. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Farnan (US 2010/0121372 A1), as applied to claim 1 above, in view of Rickert et al. (US 2011/0196296 A1).
Regarding claim 9, Farnan discloses the balloon for the balloon catheter according to claim 1, wherein the protrusion part is composed of Nitinol (see par. [0018]-[0019]).
However, Farnan fails to state wherein the protrusion part is composed of a same material as the balloon body.
Rickert teaches a balloon for a balloon catheter (see Figs. 1 and 5-12) wherein the balloon body is composed of Nitinol (see par. [0030]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the balloon of Farnan to include that the balloon body is composed of Nitinol, as taught by Rickert, such that the protrusion part would be composed of the same material (Nitinol) as the balloon body in the manner claimed in order to promote that the balloon can be folded into a distinct, predictable, and pleated shape each time it is deflated (see Rickert par. [0030]).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Farnan (US 2010/0121372 A1), as applied to claim 1 above, in view of Horn et al. (US 2008/0124495 A1).
Regarding claim 10, Farnan discloses a method for producing the balloon for the balloon catheter according to claim 1 (see Figs. 1-4, see claim 1 rejection above), comprising:
preparing the balloon for the balloon catheter having the balloon body (balloon 1) having the outer surface (outer surface of balloon 1) and the inner surface (inner surface of balloon 1) (see Figs. 1-4), the balloon body (balloon 1) having the straight tubular part (non-tapered part of balloon 1 between distal end 4 and proximal end 3, see generally where 1 is pointing in Figs. 1-2), the distal tapered part (distal tapered part of balloon 1 nearest distal end 4) located distal to the straight tubular part (non-tapered part of balloon 1 between distal end 4 and proximal end 3, see generally where 1 is pointing in Figs. 1-2), and the proximal tapered part (proximal tapered part of balloon 1 nearest proximal end 3) located proximal to the straight tubular part (non-tapered part of balloon 1 between distal end 4 and proximal end 3, see generally where 1 is pointing in Figs. 1-2) (see Figs. 1-4), and the distal tapered part (distal tapered part of balloon 1 nearest distal end 4), the straight tubular part (non-tapered part of balloon 1 between distal end 4 and proximal end 3, see generally where 1 is pointing in Figs. 1-2), and the proximal tapered part (proximal tapered part of balloon 1 nearest proximal end 3) having the protrusion part (struts 5) that projects outwardly in the radial direction from the outer surface (outer surface of balloon 1) of the balloon body (balloon 1) and extends in the longitudinal axis direction of the balloon body (balloon 1) (see Figs. 1-4, par. [0018]-[0021]).
However, Farnan fails to expressly state arranging a first tubular member, a second tubular member, and a third tubular member, each of which has an inner space, so that each of the inner spaces of the first tubular member, the second tubular member, and the third tubular member extends in the longitudinal axis direction; and placing the distal tapered part in the first tubular member, placing the proximal tapered part in the second tubular member, and placing the straight tubular part in the third tubular member in the deflated state of the balloon for the balloon catheter, so that the method satisfies at least one of the following (1) or (2): (1) at least a part of the protrusion part of the distal tapered part is in contact with an inner surface of the first tubular member in the step of placing the distal tapered part; and (2) at least a part of the protrusion part of the proximal tapered part is in contact with an inner surface of the second tubular member in the step of placing the proximal tapered part.
Horn teaches a method for producing a balloon (balloon 10) for a balloon catheter (see Fig. 1, par. [0053]) comprising: arranging a first tubular member, a second tubular member, and a third tubular member, each of which has an inner space, so that each of the inner spaces of the first tubular member, the second tubular member, and the third tubular member extends in the longitudinal axis direction (see Figs. 2 and 4-5, see annotated Fig. 4 below, par. [0057] and [0060], mold 100 is formed of three separate tubular pieces); and placing the distal tapered part in the first tubular member, placing the proximal tapered part in the second tubular member, and placing the straight tubular part in the third tubular member in the deflated state of the balloon (balloon 10) for the balloon catheter (see Figs. 2 and 4-5, par. [0057] and [0060]), so that the method satisfies at least one of the following (1) or (2): (1) at least a part of the protrusion part (wing regions 18) of the distal tapered part is in contact with an inner surface of the first tubular member in the step of placing the distal tapered part (see Figs. 2 and 4-5, par. [0057] and [0060]); and (2) at least a part of the protrusion part (wing regions 18) of the proximal tapered part is in contact with an inner surface of the second tubular member in the step of placing the proximal tapered part (see Figs. 2 and 4-5, par. [0057] and [0060]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Farnan to include arranging a first tubular member, a second tubular member, and a third tubular member, each of which has an inner space, so that each of the inner spaces of the first tubular member, the second tubular member, and the third tubular member extends in the longitudinal axis direction; and placing the distal tapered part in the first tubular member, placing the proximal tapered part in the second tubular member, and placing the straight tubular part in the third tubular member in the deflated state of the balloon for the balloon catheter, so that the method satisfies at least one of the following (1) or (2): (1) at least a part of the protrusion part of the distal tapered part is in contact with an inner surface of the first tubular member in the step of placing the distal tapered part; and (2) at least a part of the protrusion part of the proximal tapered part is in contact with an inner surface of the second tubular member in the step of placing the proximal tapered part, as taught by Horn, in order to facilitate shaping and folding of the balloon and facilitate removal of the formed balloon from the tubular members (see Horn par. [0057] and [0060]).
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Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 10 have been considered but are moot because the new ground of rejection does not rely on the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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 AVERY SMALE whose telephone number is (571)270-7172. The examiner can normally be reached Mon.-Fri. 8-4 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kevin Sirmons can be reached at (571) 272-4965. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AVERY SMALE/Examiner, Art Unit 3783
/KAMI A BOSWORTH/Primary Examiner, Art Unit 3783
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