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 .
This office action is in response to applicant’s communication of 8/1/2023. Currently claim 1-20 are pending.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 8/1/2023, 10/12/2023, 9/10/2024 is being considered by the examiner.
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)(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, 5-6, 10, 12, 14-15 is/are rejected under 35 U.S.C. 102(a)(2) as being anticpted by Suzuki et al. (US 2005/0027248 A1).
Suzuki discloses a catheter (figures 1-4) comprising: a catheter tube (22), the catheter tube including a first polyamide layer and a second polyamide layer disposed on an outer surface of the first polyamide layer (see para [0032]); and wherein the first polyamide layer includes a pressure resistance enhancer in an amount greater than 10 wt.% of total solids content of the first polyamide layer (see para [0043]) and equal to or less than 30 wt.% of the total solids content of the first polyamide layer (see para [0039]-[0041] and carbon into the matrix polymer ([0057])).
Concerning claim 3 and the first polyamide layer contains the pressure resistance enhancer in an amount from 15 wt.% of the total solids content of the first polyamide layer to 20 wt.% of the total solids content of the first polyamide layer (see para [0043])
Concerning claim 5 and the pressure resistance enhancer includes a primary particle having a mean particle diameter of 3.0 pm or greater (see [0039]-[0040]).
Concerning claim 6 and the second polyamide layer includes a polyamide resin and a polyamide elastomer (see para [0030]).
Concerning claim 10 Suzuki discloses a balloon catheter (figures 1-4), the balloon catheter comprising: an outer tube (22) having a lumen, an inner tube (21) disposed in the lumen of the outer tube, and a balloon (3) fixed to a distal side of the inner tube and a distal side of the outer tube; the balloon containing a polyamide-based resin(see para [0030]).; the inner tube including a first polyamide layer and a second polyamide layer disposed on an outer surface of the first polyamide layer(see para [0031]-[0032]); and the first polyamide layer including a pressure resistance enhancer in an amount greater than 10 wt.% of total solids content of the first polyamide layer and equal to or less than 30 wt.% of the total solids content of the first polyamide layer(see para [0039]-[0041] and carbon into the matrix polymer ([0057])).
Concerning claim 12 and the first polyamide layer includes the pressure resistance enhancer in an amount from 15 wt.% of the total solids content of the first polyamide layer to 20 wt.% of the total solids content of the first polyamide layer. (see para [0043] and carbon into the matrix polymer ([0068])).
Concerning claim 14 and the pressure resistance enhancer includes a primary particle having a mean particle diameter of 3.0 pm or greater (see [0039]-[0040]).
Concerning claim 15 and the second polyamide layer contains a polyamide resin and a polyamide elastomer (see para [0030]).
Allowable Subject Matter
Claims 2, 4, 7, 8-9, 11, 13, 16-18 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.
Claims 19-20 are allowed.
The prior art does not teach “…the pressure resistance enhancer includes amorphous carbon and a metal compound, and the first polyamide layer includes the amorphous carbon in an amount greater than 2.5 wt.% of the total solids content of the first polyamide layer and equal to or less than 7.5 wt.% of the total solids content of the first polyamide layer…”.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHILLIP A GRAY whose telephone number is (571)272-7180. The examiner can normally be reached M-F 9-5 EST (FLEX).
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, Michael Tsai can be reached at (571)270-5246. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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PHILLIP A. GRAY
Primary Examiner
Art Unit 3783
/PHILLIP A GRAY/Primary Examiner, Art Unit 3783
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