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 in the reply filed on 7/15/2026 is acknowledged.
Applicant's election with traverse of Species A in the reply filed on 7/15/2026 is acknowledged. The traversal is on the ground(s) that Species A and B are not mutually exclusive because Species A can be redrawn to Figs. 1-7 (i.e. Species B). This is not found persuasive because as per MPEP 806.04f, "Claims to different species are mutually exclusive if one claim recites limitations disclosed for a first species but not a second, while a second claim recites limitations disclosed only for the second species and not the first." In the instant case, species A has features drawn to a midshaft that connects to a balloon, this feature is not disclosed for species B, and species B has features drawn to a separately connectable/glued member and a wire which are not disclosed for species A, thus the two species are mutually exclusive.
The requirement is still deemed proper and is therefore made FINAL.
Claims 17-22 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 7/15/2026.
Claims 5-7 and 9-16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 7/15/2026.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-4 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Wilson et al. (US 20140358074 A1) in view of Lentz (US 20100217372 A1).
Regarding claim 1, Wilson discloses a catheter (100), comprising:
a midshaft (520) having a distal midshaft end (Figs. 1-2);
an inner shaft (240) extending distally through the midshaft to a distal inner shaft end (Fig. 1);
a balloon (140) having a proximal balloon shoulder coupled to the distal midshaft end and a distal balloon shoulder coupled to the inner shaft (Fig. 1); and
a proximal shaft (220) including a support member (440/420) that extends towards the balloon (Figs. 1-2) at least to the distal balloon shoulder.
Wilson is silent regarding the support member extending through the balloon at least to the distal balloon shoulder.
In analogous art, Lentz teaches a proximal shaft (1001) including a support member (1001) that extends through a balloon (1002) at least to a distal balloon shoulder (Fig. 10A).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the support member of Wilson to incorporate the teachings of Lentz to incorporate extending through the balloon at least to the distal balloon shoulder in order to avoid any disjuncture that might promote kinking and provide longitudinal support for the ballon (Paragraph [0056]).
Regarding claim 2, Wilson in view of Lentz disclose the catheter of claim 1, wherein the midshaft comprises a midshaft lumen (Lumen of 230, Wilson), wherein the proximal shaft includes a proximal portion (Part of 220 to the left of 460 in Fig. 2, Wilson) that extends proximally from a proximal midshaft end (Fig. 2, Wilson), and a distal portion (460, Wilson) that is coupled to the support member that extends distally into the midshaft lumen (Figs. 1-2, Wilson), and wherein the distal portion includes an angled cut (460, Fig. 2, Wilson) that extends distally at an angle relative to a longitudinal axis that runs through the proximal shaft (Fig. 2, Wilson).
Regarding claim 3, Wilson in view of Lentz disclose the catheter of claim 2, wherein the proximal portion is circular shaped (Paragraph [0035], Wilson), and the distal portion is arc shaped, wherein a first arc angle at a proximal end of the distal portion is greater than a second arc angle at a distal end of the distal portion, wherein the support member is attached to the distal end of the distal portion and is arc shaped having the second arc angle along at least a portion of the support member from the distal end of the distal portion (Paragraphs [0036]-[00039], Wilson).
Regarding claim 4, Wilson in view of Lentz disclose the catheter of claim 3, wherein the proximal portion, the distal portion, and the support member are one unit (Figs. 1-2, Wilson).
Regarding claim 8, Wilson in view of Lentz disclose the catheter of claim 1, wherein the distal midshaft end is attached to the proximal balloon shoulder (Fig. 1, Wilson), wherein the midshaft includes a midshaft lumen (Lumen of 230, Wilson), the proximal shaft includes a proximal lumen (200, Wilson), and the balloon includes a balloon interior (Interior of 140, Wilson), wherein the proximal lumen is in fluid communication with the midshaft lumen (Fig. 1, Paragraph [0060], Wilson), which is in fluid communication with the balloon interior (Fig. 1, Paragraph [0060], Wilson), and wherein the support member extends distally within the midshaft lumen (Fig. 2, Wilson) and within the balloon interior to a distal end at or distal to the distal balloon shoulder (The modification of Wilson in view of Lentz would teach the support member extending distally within the midshaft lumen and within the balloon interior to a distal end at or distal to the distal balloon shoulder, as shown in Fig. 10A of Lentz).
Conclusion
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/HONG-VAN N TRINH/Examiner, Art Unit 3783 /CHELSEA E STINSON/Supervisory Patent Examiner, Art Unit 3783
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