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 filed 7/15/2026 have been fully considered. Applicant has amended as least claim 1 such that the lead wire is “solid”. It is the examiner’s position that the lead wire (33, 518) of Jeffrey et al (2007/0282367) is solid. The typical definition for “solid” is:
PNG
media_image1.png
50
708
media_image1.png
Greyscale
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 1-8, 10-12 and 15-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jeffrey et al (2007/0282367).
Jeffrey et al teaches a medical device, comprising:
PNG
media_image2.png
205
517
media_image2.png
Greyscale
PNG
media_image3.png
176
173
media_image3.png
Greyscale
a catheter shaft (20, 10) extending along a longitudinal axis and having a shaft lumen 12A, 12B;
a balloon 60 including a proximal balloon end coupled to the catheter shaft (generally 22), an interior (self-evident) in fluid communication with the shaft lumen, and a distal balloon end (generally 67); and
a solid lead wire extending from a proximal wire end through the shaft lumen and the interior to a distal wire end (33, 518),
wherein the solid lead wire includes a stepped portion between a proximal wire surface (generally 33) and a distal wire surface (518),
wherein the distal balloon end 67 is axially fixed to the proximal wire surface of the solid lead wire (see at least figure 5 above and par. 0038 stating, “the distal section 67 of the inflatable member 60 is bonded to the outer surface 35 of the inner tubular member 30 in the distal end region of the inner tubular member 30”.), and
wherein the proximal wire surface 33 is narrower than the distal wire surface 518.
Claim 2, the proximal wire surface has a first radial distance (at 33) from the longitudinal axis and the distal wire surface has a second radial distance (at 518) from the longitudinal axis that is greater than the first radial distance as depicted.
Claim 3, figure 5, above, shows the balloon outer surface at the distal balloon end has a radial distance from the longitudinal axis which is the same the second radial distance.
Claim 4, see at least figure 5 above showing the distal balloon end is directly connected to the proximal wire surface.
Claim 5, the distal balloon end abuts a wall of the stepped portion shown above.
Claim 6, the distal end of balloon 60 is flush with the distal wire surface 518.
Claim 7, see at least par. 0003 teaching mounting a stent on the balloon
Claim 8, figure 1 shows the catheter shaft includes a distal shaft portion coupled to the proximal balloon end and a hypotube proximal 17 and the distal shaft portion, and wherein the proximal wire end is located within the hypotube as shown in the included figure of Danforth et al.
Claim 10, the lead wire comprises the core wire 33 that extends a length of the lead wire and is composed of a first material, and wherein the stepped portion is formed on and entirely surrounds a portion of the core wire along the longitudinal axis and is composed of a second material 518 that is different than the first material as depicted.
Claim 11, see the rejection for claim 1 above. The catheter shaft inherently has a proximal shaft portion and a distal shaft portion.
Claim 12, the proximal shaft includes the material of 12A, 12B which is different than that of the distal shaft. Also, different does not have to mean a different type of material.
Claim 15, wherein the solid lead wire includes a stepped portion between a proximal wire surface (generally 33) and a distal wire surface (518). The all discussion above.
Claim 16, the distal end of balloon 60 is flush with the distal wire surface 518.
Allowable Subject Matter
Claims 9, 13-14 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Mushtaha (2008/0255507).
PNG
media_image4.png
408
568
media_image4.png
Greyscale
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 BRUCE EDWARD SNOW whose telephone number is (571)272-4759. The examiner can normally be reached 7:30 am - 5:00 pm Monday through Thursday.
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, Melanie Tyson can be reached at 5712729062. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/BRUCE E SNOW/ Primary Examiner, Art Unit 3774
Prosecution Insights