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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-13 and 18-20 in the reply filed on 28 May 2026 is acknowledged.
Claims 14-17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 28 May 2026.
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 1-13 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claim 1, line 10, the expression “can be” renders the claim indefinite because it is not clear if the tip shaping tool is, or is not, manipulated.
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.
(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, 2 and 5 is/are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by Zhou (U.S. Patent Application Publication 2005/0092053 A1).
Regarding claim 1, Zhou (see the entire document, in particular, paragraphs [0002], [0067] and [0068]; Figures 17-20) teaches an apparatus (see paragraph [0002] (apparatus for manufacturing curved tubular bars) of Zhou), including (b) a tip shaping tool (see Figures 17 and 18, paragraph [0067] (bending apparatus 70 (i.e., shaping tool)) of Zhou), including (b)(1) a body having a first end and a second end (see Figures 17 and 18, paragraph [0067] (housing 72 (i.e., body)) of Zhou); (b)(2) a first pin, a second pin and a third pin, wherein the first, second and third pins are positioned at the first end of the body and extend from a first face of the body (see Figures 17 and 18, paragraph [0067] (three (3) rollers 74 (i.e., first pin, second pin, third pin) positioned on a first end of housing 72 (i.e., body) and extend from a face of housing 72 (i.e., body)) of Zhou); wherein (b)(3) a distal end region of a bar is configured to be positioned between a gap between the first, second and third pins such that a tip shaping tool is manipulated by a user to invoke a curvature in a distal end region of the bar (see Figures 19 and 20, paragraphs [0067] (feed path 76) and [0068] (end portion 58 of bar 52 is positioned for bending) of Zhou). Note that term “catheter” in the preamble and body does not limit the structure of the apparatus because the “catheter” is not part of the apparatus (i.e., not part of the shaping tool) (see MPEP §2111.02(I) and MPEP §2115). Note also that the term “catheter” in the preamble is directed to intended use, is not a claim limitation and is of no significance to claim construction (see MPEP §2111.02(II)).
Regarding claims 2 and 5, see Figures 17-19 of Zhou.
Claim(s) 18 and 19 is/are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by Zhou (U.S. Patent Application Publication 2005/0092053 A1).
Regarding claim 18, Zhou (see the entire document, in particular, paragraphs [0002] and [0067]; Figures 17-19) teaches an apparatus (see paragraph [0002] (apparatus for manufacturing curved tubular bars) of Zhou), including (a) a body having a first end and a second end (see Figures 17 and 18, paragraph [0067] (housing 72 (i.e., body)) of Zhou); and (b) a first pin, a second pin and a third pin, wherein the first, second third pins are positioned at the first end of the body and extend from a first face of the body (see Figures 17 and 18, paragraph [0067] (three (3) rollers 74 (i.e., first pin, second pin, third pin) positioned on a first end of housing 72 (i.e., body) and extend from a face of housing 72 (i.e., body)) of Zhou).
Regarding claim 19, see Figures 17-19 of Zhou.
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 (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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-3, 5 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhou (U.S. Patent Application Publication 2005/0092053 A1) in combination with Ju (U.S. Patent No. 5,403,292 A).
The following rejection is based on interpreting claim 1 to include a catheter as part of the apparatus.
Regarding claim 1, Zhou (see the entire document, in particular, paragraphs [0002], [0067] and [0068]; Figures 17-20) teaches an apparatus (see paragraph [0002] (apparatus for manufacturing curved tubular bars) of Zhou), including (b) a tip shaping tool (see Figures 17 and 18, paragraph [0067] (bending apparatus 70 (i.e., shaping tool)) of Zhou), including (b)(1) a body having a first end and a second end (see Figures 17 and 18, paragraph [0067] (housing 72 (i.e., body)) of Zhou); (b)(2) a first pin, a second pin and a third pin, wherein the first, second and third pins are positioned at the first end of the body and extend from a first face of the body (see Figures 17 and 18, paragraph [0067] (three (3) rollers 74 (i.e., first pin, second pin, third pin) positioned on a first end of housing 72 (i.e., body) and extend from a face of housing 72 (i.e., body)) of Zhou); wherein (b)(3) a distal end region of a bar is configured to be positioned between a gap between the first, second and third pins such that a tip shaping tool is manipulated by a user to invoke a curvature in a distal end region of the bar (see Figures 19 and 20, paragraphs [0067] (feed path 76) and [0068] (end portion 58 of bar 52 is positioned for bending) of Zhou). Zhou does not teach (a) a catheter. Ju (see the entire document, in particular, col. 1, lines 16-17; col. 3, lines 47-49; col. 4, lines 13-19; Figures 2 and 4) teaches a catheter (see col. 1, lines 16-17 (a catheter having a desired distal end curvature) of Ju), and it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute a catheter (as taught by Ju) for a tubular bar (as taught by Zhou) because Ju is analogous art to Zhou since Ju and Zhou are both directed to shaping a tubular product (i.e., the catheter of the instant application is a tubular product) (see MPEP §2141.01(a)(I)).
Regarding claims 2 and 5, see Figures 17-19 of Zhou.
Regarding claim 3, the distance between pins would have been obvious to, and readily determined by, one of ordinary skill in the art before the effective filing date of the claimed invention in the apparatus of Zhou (in combination with Ju) depending on the size of the tubular product.
Regarding claim 13, see Figures 2 and 4; col. 3, lines 47-49 (braided sleeve 30 of metal wires is formed about inner layer 28) and col. 4, lines 13-19 (inner layer 28 is formed from polyamide; outer layer 32 is formed from polyether block amides) of Ju.
Allowable Subject Matter
Claims 4 and 6-12 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claim 20 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 LEO B. TENTONI whose telephone number is (571)272-1209. The examiner can normally be reached 7:30-4:00 ET M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christina A. Johnson can be reached at (571)272-1176. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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LEO B. TENTONI
Primary Examiner
Art Unit 1742
/LEO B TENTONI/Primary Examiner, Art Unit 1742
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