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 Arguments
Applicant’s arguments with respect to the previous rejection(s) of the claims have been fully considered and are found both persuasive and non-persuasive. The claims recite the first and second fiberoptic pressure sensors; however, the term “sensor” based on the disclosure, appears to include everything from the sensor head (an element which is not claimed in claim 1) to the wiring/conductor element that extends longitudinally along the catheter, cage, and cannula and extends proximally. Accordingly, the examiner has adjusted the rejection below to maintain consistency with the terminology presented by applicant. Additionally, when searching the disclosure for “terminate” refers to in the disclosure, the examiner finds this language – “first and second fiberoptic sensors 400, 402, respectively, which terminate proximally into at least one fiberoptic pressure sensor connector 429” – with reference to Fig. 9B, which shows the sensor terminating at the connector 429, at the proximal end of the device. The term “terminate” is used in other sections; however, in those sections the disclosure discussed positioning of the “sensor head” which is not claimed or recited at any point in independent claim 1.
The previous rejection is withdrawn and the present rejection is made non-final due to the updated rejection from both the new claims and the clarifying rejection under the same prior art.
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 1-24 and 32-35 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 pre-AIA the applicant regards as the invention.
In claim 1, the phrase “along a strut of the impeller cage” appears to functionally recite and inferentially include “a strut of the impeller cage”; however, this element has not been positively recited and it is unclear where the strut position is in relation to the impeller cage and as a result unclear how the claim is claiming the segment can extend along a strut. Further clarification is required in order to overcome this rejection.
In claim 1, the phrase “…the first fiberoptic pressure sensor…comprises a segment that extends out of a distal end portion of the multi-lumen catheter, along a strut of the impeller cage, then longitudinally along the cannula to terminate proximal to the inlet cage…” is unclear and confusing. First, the claim language sets forth a sensor, but then states that the sensor comprises a “segment” that extends along a length – is the “segment” equivalent to the wiring or conductor that communicates the sensor signals or is the “segment” another element? If it is the former, the language is confusing as to how the sensor comprises this segment – usually wiring components do not fall under the sensor itself. Additionally, the claim recites “extends out of a distal end portion…” which would appear to require that said segment is now extending out of the distal end portion of the catheter itself. The examiner notes that “distal end portion” differs from a “distal portion” in that the distal end portion would be the very tip of the element. It is unclear how the “segment” extends out of the distal end and then somehow would loop back in along the strut of the impeller cage and then “terminate” proximal to the inlet cage.
Furthermore, the use of the term “terminate” is unclear as to what is being referenced. It is unclear what defines this termination point and if it requires the termination of wiring and whether it is connected to the sensor head to acquire signals or not. The figures appear to suggest that the “termination” point is where the actual sensor head is positioned; however, the claim language does not describe or set forth a relationship between the segment and the sensor head itself. Similarly, the language “…the second fiberoptic pressure sensor terminates proximal to windows of the impeller cage…” is unclear as to what the term “terminates” means, infers, or implies…and how a sensor can terminate at a position and still function – is the second pressure sensor “segment” being referenced here? The disclosure of the present invention states “first and second fiberoptic sensors 400, 402, respectively, which terminate proximally into at least one fiberoptic pressure sensor connector 429” – with reference to Fig. 9B. It is unclear whether the claim is trying to specify this termination point or another.
Similar language (“along a strut”, segment”, “terminate(s)”, etc.) is found in newly presented claim 32 and is rejected under the same rationale.
Further clarification is required and/or clarifying amendments are recommended in order to overcome this rejection.
Claims 2-24 and 33-35 are rejected under the same rationale as being dependent upon claims 1 and 32 and their limitations.
Claim Rejections - 35 USC § 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 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.
In considering patentability of the claims under 35 U.S.C. 103(a), the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of 35 U.S.C. 103(c) and potential 35 U.S.C. 102(e), (f) or (g) prior art under 35 U.S.C. 103(a).
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 of this title, 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 1-7,12-17, 19, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Siess et al. (US 2015/0080743; hereinafter “Siess”) in view of Aboul-Hosn et al. (USP 7,022,100; hereinafter “Aboul”).
Regarding claim 1, Siess discloses a catheter blood pump, comprising: a housing comprising an inflow port (e.g. ¶¶ 35 – purge-fluid line) and at least one fiberoptic pressure sensor connector (e.g. ¶¶ 20, 31 – “optical fibers”; e.g. ¶¶ 40 - connection, etc.); a multi-lumen catheter coupled, at a proximal end thereof, to the housing and comprising an inflow liquid flow path coupled to the inflow port (e.g. Fig. 3, #59B – where the purge fluid line requires some path from the external device to provide fluid); an impeller assembly disposed adjacent to a distal end portion of the multi-lumen catheter (e.g. Fig. 3, #58), the impeller assembly comprising an impeller within an impeller cage (Fig. 3 – where the examiner considers the cylindrical structure directly around the impeller to be the cage); a cannula coupled to a distal end portion of the impeller assembly (e.g. Fig. 3, #53); an inlet cage provided by or coupled to a distal end portion of the cannula (e.g. Fig. 1, #54 – where inlet cage is visible); and first and second fiberoptic pressure sensors, wherein at least a portion of each of the first and second fiberoptic pressure sensors extend longitudinally along and internal to an outer wall of the multi-lumen catheter (e.g. ¶¶ 31-33, where portions #28A/B of the sensors extend longitudinally and internally), wherein the first fiberoptic pressure sensor is longer than the second fiberoptic pressure sensor (e.g. Fig. 3 – where it is clear 28A of sensor head 30 is longer than 28B of sensor head 60) and comprises a segment that extends out of a distal end portion of the multi- lumen catheter (Fig. 1, #27 – where the segment extends out of the distal end portion of the catheter), along a strut of the impeller cage (e.g. Fig. 1, #27 – where the segment still extends along the impeller cage region 52), then longitudinally along the cannula to terminate proximal to the inlet cage (e.g. Fig. 1, #28A – where the sensor terminates proximally to the cage at element 100); and wherein the second fiberoptic pressure sensor terminates proximal to windows of the impeller cage (e.g. Fig. 1, #28B – where the sensor terminates proximal to windows of the impeller cage at element 100).
Siess discloses an inflow liquid flow paths and ports but fails to expressly disclose outflow liquid flow paths and ports. In the same field of endeavor, Aboul-Hosn discloses a multi-lumen catheter blood pump with a housing having both inflow and outflow ports coupled to the multi-lumen catheter inflow and outflow liquid flow paths/lumens, in order to allow purge fluid to both be flushed in and out, to protect the pump from damage due to clotting of blood (e.g. Col 11, ll 22-58; Col 10, ll 28-44, etc.). It would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the present invention, to combine the described prior art elements of both inflow and outflow ports as taught by Siess into the device of Aboul-Hosn to have both inflow and outflow ports, to yield the predictable results of providing an effective way of not only providing but also evacuating purge fluid.
Regarding claim 2, Siess fails to expressly disclose the multi-lumen catheter comprises a central lumen and one or more peripheral lumens disposed radially outward of the central lumen. In the same field of endeavor, Aboul-Hosn discloses a multi-lumen catheter with a central lumen and one or more peripheral lumens disposed radially outward of the central lumen (e.g. Fig. 4). As modified above with respect to Claim 1, it would have been obvious to one of ordinary skill in the art to simply substitute the known catheter construction of Aboul-Hosn with a central lumen and a peripheral lumen disposed radially outwards, into the device of Siess to obtain the predictable results of providing an effective and reliable lead design known in the art.
Regarding claim 3, Siess discloses an embodiment where the sensor head of the first fiberoptic pressure sensor is positioned inside an outer wall of the cannula (e.g. ¶¶ 37 – “possible to lay the sliding tube 27 inside the flow cannula 53, in particular when a pressure inside the flow cannula 53 is to be measured, or to integrate it into the walling of the flow cannula 53”) and is exposed to environmental conditions via an aperture in an outer wall of the cannula (e.g. Fig. 5B, #32 - ¶¶ 33 – “sensor head 30 having a head housing 31 which contains a thin glass membrane 32” – where the examiner notes that both the first and second sensor heads require exposure to the environmental conditions via the glass membrane 32 which the examiner equates to the aperture necessarily present in any variation in order for the sensors to function).
Regarding claim 4, Siess appears to disclose the second fiberoptic pressure sensor terminates inside the multi-lumen catheter (i.e. at the proximal end where it would connect to device 100).
Regarding claim 5, Siess discloses the second fiberoptic pressure sensor provides a sensor head that is held in a distal end portion of the multi-lumen catheter and is in fluid communication with external conditions distal to the windows of the impeller cage (e.g. Fig. 3, #60); however, Siess fails to expressly disclose an embodiment where it is proximal to the windows of the impeller cage as claimed. It is noted that a modification of an element like this on the catheter is recognized as obvious in the art, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Regarding claim 6, Siess discloses the sensor head resides proximate to the windows of the impeller cage but fails to expressly disclose positioning the sensor head a distance of 0.01 – 0.25 inches from a proximal end of the windows of the impeller cage. It would have been obvious to one having ordinary skill in the art at the time the invention was made to position the second fiberoptic pressure sensor a distance in a range of 0.01 inches and 0.25 inches from a proximal end of the windows of the impeller cage, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 7, Siess discloses a sensor head of the second fiberoptic sensor is exposed to environmental conditions through an aperture (e.g. Fig. 4B, #32 - ¶¶ 33 – “sensor head 30 having a head housing 31 which contains a thin glass membrane 32” – where the examiner notes that both the first and second sensor heads require exposure to the environmental conditions via the glass membrane 32 which the examiner equates to the aperture necessarily present in any variation in order for the sensors to function). Siess does not require the aperture is in an outer wall of the distal end portion of the multi-lumen catheter; however, ¶¶ 37 of Siess indicates that it is – “possible to lay the sliding tube 27 inside the flow cannula 53, in particular when a pressure inside the flow cannula 53 is to be measured, or to integrate it into the walling of the flow cannula 53”. In this combined embodiment, it would have been obvious to combine these embodiments and require an aperture in that position, to yield the predictable results of allowing exposure to the environmental conditions.
Regarding claim 14, Siess fails to disclose the at least one fiberoptic pressure sensor connector is a fiberoptic pressure sensor connector whereby the first and second fiberoptic pressure sensors have proximal ends that are connected to the evaluation device (e.g. ¶¶ 40 – “corresponding plug at the end of the line for insertion of the relevant pressure sensor into a connection of the evaluation device 100”); however, it is unclear whether both the sensors connect into a single fiberoptic pressure sensor connector as claimed. It would have been obvious to one of ordinary skill in the art, prior to the effective filing date, to incorporate independent connector plugs into a single fiberoptic pressure sensor connector, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179.
Regarding claim 15, Siess discloses an embodiment where the segment of the first fiberoptic pressure sensor that extends along the cannula is sandwiched between an inner wall and outer wall of the cannula (e.g. ¶¶ 37 – “possible to lay the sliding tube 27 inside the flow cannula 53, in particular when a pressure inside the flow cannula 53 is to be measured, or to integrate it into the walling of the flow cannula 53”).
Regarding claim 17, Siess discloses a control circuit operatively coupled to the at least one fiberoptic pressure sensor connector and configured to obtain concurrent pressure measurement signals provided by the first and second fiberoptic pressure sensors (e.g. ¶¶ 32).
Regarding claim 21, Siess in view of Aboul-Hosn obviates the multi-lumen catheter comprises a coaxial arrangement of inflow and outflow flush fluid lumens (e.g. Fig. 9 of Aboul-Hosn) for the same reasons as expounded above and incorporated into the design structure.
Regarding claim 16, Siess discloses a motor assembly housing and encloses a motor in the motor assembly housing, and wherein the catheter blood pump further comprises a flexible drive cable operatively coupled, at a proximal end thereof, to the motor, the flexible drive cable extending from the motor into a central lumen of the multi-lumen catheter, and wherein the impeller is operatively coupled to a distal end portion of the flexible drive cable (e.g. ¶¶ 35); however, Siess fails to expressly disclose the motor assembly housing is in the housing as claimed.
Regarding claim 19, Siess fails to expressly disclose both the inflow/outflow path; however, in the same field of endeavor, Aboul-Hosn discloses the multi-lumen catheter comprises an inflow flush fluid lumen providing at least part of the inflow liquid path and an outflow flush fluid lumen providing at least part of the outflow liquid path, wherein the inflow port is provided by a flush fluid intake connector extending outward from the housing that intakes flush fluid from a flush fluid source, wherein the outflow port is provided by a flush fluid waste connector that extends outward from the housing and directs outflow flush fluid to a collection device, and wherein the housing further comprises a flush fluid manifold that is in fluid communication with the flush fluid intake connector, the flush fluid waste connector, the inflow flush fluid lumen, and the outflow flush fluid lumen whereby the manifold is configured to direct flush fluid from the flush fluid intake connector to the inflow flush fluid lumen and direct flush fluid from the outflow flush fluid lumen to the flush fluid waste connector a multi-lumen catheter blood pump with a housing having both inflow and outflow ports coupled to the multi-lumen catheter inflow and outflow liquid flow paths/lumens, in order to allow purge fluid to both be flushed in and out, to protect the pump from damage due to clotting of blood (e.g. Col 11, ll 22-58; Col 10, ll 28-44, etc.). It would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the present invention, to combine the described prior art elements of both inflow and outflow ports as taught by Siess into the device of Aboul-Hosn to have both inflow and outflow ports, to yield the predictable results of providing an effective way of not only providing but also evacuating purge fluid.
Regarding claim 16, Siess discloses a motor assembly housing and encloses a motor in the motor assembly housing, and wherein the catheter blood pump further comprises a flexible drive cable operatively coupled, at a proximal end thereof, to the motor, the flexible drive cable extending from the motor into a central lumen of the multi-lumen catheter, and wherein the impeller is operatively coupled to a distal end portion of the flexible drive cable (e.g. ¶¶ 35); however, Siess fails to expressly disclose the motor assembly housing is in the housing as claimed. In the same field of endeavor, Aboul discloses teach the motor assembly housing at the proximal end of the catheter with a flexible drive cable extending to the impeller in the catheter (e.g. Fig. 1, #18/20). It would have been obvious to one of ordinary skill in the art, to apply the known technique of placing the motor assembly housing outside the catheter at the proximal end as taught by Aboul, to the known device of Siess, to yield the predictable results of providing another option for device construction/management.
Regarding claim 19, Siess fails to expressly disclose both the inflow/outflow path; however, in the same field of endeavor, Aboul-Hosn discloses the multi-lumen catheter comprises an inflow flush fluid lumen providing at least part of the inflow liquid path and an outflow flush fluid lumen providing at least part of the outflow liquid path, wherein the inflow port is provided by a flush fluid intake connector extending outward from the housing that intakes flush fluid from a flush fluid source, wherein the outflow port is provided by a flush fluid waste connector that extends outward from the housing and directs outflow flush fluid to a collection device, and wherein the housing further comprises a flush fluid manifold that is in fluid communication with the flush fluid intake connector, the flush fluid waste connector, the inflow flush fluid lumen, and the outflow flush fluid lumen whereby the manifold is configured to direct flush fluid from the flush fluid intake connector to the inflow flush fluid lumen and direct flush fluid from the outflow flush fluid lumen to the flush fluid waste connector a multi-lumen catheter blood pump with a housing having both inflow and outflow ports coupled to the multi-lumen catheter inflow and outflow liquid flow paths/lumens, in order to allow purge fluid to both be flushed in and out, to protect the pump from damage due to clotting of blood (e.g. Col 11, ll 22-58; Col 10, ll 28-44, etc.). It would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the present invention, to combine the described prior art elements of both inflow and outflow ports as taught by Siess into the device of Aboul-Hosn to have both inflow and outflow ports, to yield the predictable results of providing an effective way of not only providing but also evacuating purge fluid.
Claims 10-13, 22-23, 32 and 34-35 are rejected under 35 U.S.C. 103 as being unpatentable over Siess in view of Aboul, further in view of (Mehdizadeh et al. US 2006/0041293; hereinafter “Mehdizadeh”).
Regarding claim 10, Siess fails to expressly disclose an adhesive segment coupled to a segment of the first fiber optic sensor and a distal end portion of a lumen of the multi-lumen holding the first fiber optic sensor configured to provide a fluid barrier. Mehdizadeh discloses the use of adhesive segments coupled to components in wiring, in order to provide good isolation of the conductors in the lumen space (e.g. ¶¶ 24). It would have been obvious to one of ordinary skill in the art to apply the known technique of using adhesive segments, as taught by Mehdizadeh, to the known device of Siess, to yield the predictable results of providing isolation of the conductors in the lumen space.
Regarding claim 11, Siess fails to disclose a first adhesive segment coupled to a sub-length of the first fiberoptic pressure sensor adjacent to the first entry port; and a second adhesive segment coupled to a sub-length of the second fiberoptic pressure sensor adjacent to the second entry port. Mehdizadeh discloses the use of adhesive segments coupled to components in wiring, in order to provide good isolation of the conductors in the lumen space (e.g. ¶¶ 24). It would have been obvious to one of ordinary skill in the art to apply the known technique of using adhesive segments, as taught by Mehdizadeh, to the known device of Siess, to yield the predictable results of providing isolation of the conductors in the lumen space.
Regarding claim 12, Siess fails to disclose a first adhesive segment coupled to a first portion of the first fiberoptic pressure sensor at an exit location from the multi-lumen catheter and a second adhesive segment longitudinally spaced apart from and proximal to the first adhesive segment, also coupled to the first fiberoptic pressure sensor, wherein the first and second adhesive segments reside inside a lumen of the multi-lumen catheter holding the first fiberoptic pressure sensor. Mehdizadeh discloses the use of adhesive segments coupled to components in wiring, in order to provide good isolation of the conductors in the lumen space (e.g. ¶¶ 24). It would have been obvious to one of ordinary skill in the art to apply the known technique of using adhesive segments, as taught by Mehdizadeh, to the known device of Siess, to yield the predictable results of providing isolation of the conductors in the lumen space.
Regarding claim 13, Siess fails to disclose an adhesive segment proximal to the aperture of the multi-lumen catheter, wherein the sensor head of the second fiberoptic pressure sensor is free of adhesive and is adjacent the aperture of the multi-lumen catheter. Mehdizadeh discloses the use of adhesive segments coupled to components in wiring, in order to provide good isolation of the conductors in the lumen space (e.g. ¶¶ 24). It would have been obvious to one of ordinary skill in the art to apply the known technique of using adhesive segments, as taught by Mehdizadeh, to the known device of Siess, to yield the predictable results of providing isolation of the conductors in the lumen space.
Regarding claim 22, Siess fails to disclose a heat shrink outer layer residing distal to the multi-lumen catheter and covering a first segment of the first fiberoptic pressure sensor. Mehdizadeh discloses the use of heat shrink coupled to components in wiring, in order to provide good isolation of the conductors in the lumen space (e.g. ¶¶ 24). It would have been obvious to one of ordinary skill in the art to apply the known technique of using heat shrink, as taught by Mehdizadeh, to the known device of Siess, to yield the predictable results of providing isolation of the conductors in the lumen space.
Regarding claim 23, Siess fails to disclose a sensor head of the second fiberoptic pressure sensor resides in an open channel of a lumen of the multi-lumen catheter, and wherein a segment of adhesive resides proximal to the sensor head in the lumen to define a fluid barrier. Mehdizadeh discloses the use of adhesive segments coupled to components in wiring, in order to provide good isolation of the conductors in the lumen space (e.g. ¶¶ 24). It would have been obvious to one of ordinary skill in the art to apply the known technique of using adhesive segments, as taught by Mehdizadeh, to the known device of Siess, to yield the predictable results of providing isolation of the conductors in the lumen space.
Regarding claim 32, Schultz discloses a catheter blood pump, comprising: a housing comprising an inflow port (e.g. ¶¶ 35 – purge-fluid line) and at least one fiberoptic pressure sensor connector (e.g. ¶¶ 20, 31 – “optical fibers”; e.g. ¶¶ 40 - connection, etc.); a multi-lumen catheter coupled, at a proximal end thereof, to the housing and comprising an inflow liquid flow path coupled to the inflow port (e.g. Fig. 3, #59B – where the purge fluid line requires some path from the external device to provide fluid); an impeller assembly disposed adjacent to a distal end portion of the multi-lumen catheter (e.g. Fig. 3, #58), the impeller assembly comprising an impeller within an impeller cage (e.g. Fig. 3 – where the examiner considers the cylindrical structure directly around the impeller to be the cage); a cannula coupled to a distal end portion of the impeller assembly (e.g. Fig. 3, #53); an inlet cage provided by or coupled to a distal end portion of the cannula (e.g. Fig. 1, #54 – where inlet cage is visible); and a first fiberoptic pressure sensor and a second fiberoptic pressure sensor, wherein at least a portion of each of the first fiberoptic pressure sensor and the second fiberoptic pressure sensor extends longitudinally along and internal to an outer wall of the multi-lumen catheter (e.g. ¶¶ 31-33, where portions #28A/B of the sensors extend longitudinally and internally), wherein the first fiberoptic pressure sensor is longer than the second fiberoptic pressure sensor and comprises a segment that extends out of a distal end portion of the multi- lumen catheter (Fig. 1, #27 – where the segment extends out of the distal end portion of the catheter), along a strut of the impeller cage (e.g. Fig. 1, #27 – where the segment still extends along the impeller cage region 52), then longitudinally along the cannula to terminate adjacent to the inlet cage (e.g. Fig. 1, #60), and wherein the second fiberoptic pressure sensor terminates proximal to windows of the impeller cage (e.g. Fig. 1, #28B – where the sensor terminates proximal to windows of the impeller cage at element 100).
Siess discloses an inflow liquid flow paths and ports but fails to expressly disclose outflow liquid flow paths and ports. In the same field of endeavor, Aboul-Hosn discloses a multi-lumen catheter blood pump with a housing having both inflow and outflow ports coupled to the multi-lumen catheter inflow and outflow liquid flow paths/lumens, in order to allow purge fluid to both be flushed in and out, to protect the pump from damage due to clotting of blood (e.g. Col 11, ll 22-58; Col 10, ll 28-44, etc.). It would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the present invention, to combine the described prior art elements of both inflow and outflow ports as taught by Siess into the device of Aboul-Hosn to have both inflow and outflow ports, to yield the predictable results of providing an effective way of not only providing but also evacuating purge fluid.
Siess fails to expressly disclose a first adhesive segment resides proximal to the sensor head in the lumen to define a fluid barrier. Mehdizadeh discloses the use of adhesive segments coupled to components in wiring, in order to provide good isolation of the conductors in the lumen space (e.g. ¶¶ 24). It would have been obvious to one of ordinary skill in the art to apply the known technique of using adhesive segments, as taught by Mehdizadeh, to the known device of Siess, to yield the predictable results of providing isolation of the conductors in the lumen space.
Regarding claims 34-35, Siess fails to expressly disclose a second adhesive segment in the lumen longitudinally spaced apart from the first adhesive segment where the first adhesive segment has a different longitudinal extent and/or a different flexibility from the second adhesive segment. Mehdizadeh discloses the use of adhesive segments coupled to components in wiring, in order to provide good isolation of the conductors in the lumen space (e.g. ¶¶ 24). It would have been obvious to one of ordinary skill in the art to apply the known technique of using adhesive segments, as taught by Mehdizadeh, to the known device of Siess, to yield the predictable results of providing isolation of the conductors in the lumen space.
Allowable Subject Matter
Claims 8-9, 18, 20, 24, and 33 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael D’Abreu whose telephone number is (571) 270-3816. The examiner can normally be reached on 7AM-4PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Hamaoui can be reached at (571) 270-5625. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL J D'ABREU/Primary Examiner, Art Unit 3796