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 § 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.
Claim 8 is 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 claim 8, the claim recites a control casing and other limitations in a “preferably” clause, which causes a lack of clarity as to whether the control casing is or is not required by the claim. The examiner will interpret these limitations as optional.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-8, 10-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Pre-Grant Publication 2018/0177984 to Stefanidis (Stefanidis hereinafter).
Regarding claim 1, Stefanidis teaches a catheter (2), a flexible moving element (23, 24), a receiving lumen (26, 27), and a surgical tool (22) connected to the flexible moving element (paragraph 45). Stefanidis further teaches that the moving element (23, 24) is arranged in the lumen (26, 27, see paragraph 48) and is circumferentially supported by the catheter shaft to move the tool (paragraph 35) in the same direction.
Regarding claim 2, Stefanidis teaches a distal shaft wall opening (20) that is formed in a distal circumferential area of the catheter shaft and communicates with the flexible moving element receiving lumen.
Regarding claim 3, Stefanidis teaches that the flexible moving element portion (23) and the flexible moving element receiving lumen are at least partially formed as circular cylinders. (see e.g. Figs. 1-3).
Regarding claim 4, Stefanidis teaches that the surgical tool is longitudinally movably (see Figs. 1-2) and directly arranged on the catheter shaft (at 18).
Regarding claim 5, Stefanidis teaches a tool receiving casing (18) connected to the flexible moving element and having the surgical tool (22) arranged thereon.
Regarding claim 6, Stefanidis teaches that the tool-receiving casing is formed such that the tool-receiving casing also serves as a control handle for controlling the movement of the surgical tool, i.e. the tool (22) moves with the handle.
Regarding claim 7, Stefanidis teaches an inflatable balloon (22) and a casing lumen (20) communicates with the balloon for inflation (paragraph 35).
Regarding claim 8, Stefanidis teaches a control handle (18) that is connected to the flexible moving element and configured to control the movement of the surgical tool (22).
Regarding claim 10, Stefanidis teaches a wire (24).
Regarding claim 11, Stefanidis teaches a hollow wire (23) which passes fluid for inflating the balloon (22, paragraph 35).
Regarding claim 12, Stefanidis teaches at least one point of connection of the tool-receiving casing (18, see paragraph 35).
Regarding claim 13, Stefanidis teaches that the tool receiving casing has an open cross section receiving the wire (23).
Regarding claim 14, Stefanidis teaches first (23) and second (24) flexible moving elements which are each supported by respective lumen (26, 27) and move the tool-receiving casing (18) by connection therewith, the second being formed as a wire (paragraph 35, “synthetic cord”).
Regarding claim 15, Stefanidis teaches a guidewire (25) with an associated lumen (28).
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) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stefanidis in view of U.S. Patent 5,569,296 to Marin et al. (Marin).
Regarding claim 9, Stefanidis teaches the limitations of claim 5 as discussed above, but does not teach a threaded connection. Marin teaches another catheter apparatus generally and particularly teaches a threaded connection (104) for locking an element to a catheter. One of ordinary skill in the art would have found it obvious before the effective filing date of the application to use a threaded engagement as taught by Stefanidis to attach the tool-receiving casing (18) of Stefanidis to the catheter shaft in order to limit or prevent movement from a desired position.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHILIP E STIMPERT whose telephone number is (571)270-1890. The examiner can normally be reached Monday-Friday, 8a-4p.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chelsea Stinson can be reached at 571-270-1744. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PHILIP E STIMPERT/Primary Examiner, Art Unit 3783 17 April 2026
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