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 .
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)(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.
Claim(s) 1 and 4-8 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by Millet (US 6,146,814, cited by applicant).
Millet discloses a medical tubing comprising: a tubular body having an axis extending lengthwise, the tubular body having a wall formed from a plurality of material sections that extend spirally along the axis, where each of the plurality of material sections includes a width; and wherein the plurality of material sections includes a transition material section extending in a continuous spiral over both a first region and a second region, wherein a first width of the transition material section is consistent at the first region and where the transition material section decreases at a stepdown region to a second width, which is consistent at the second region (column 2, lines 10-67, column 3, lines 1-6 and Figs. 2-3).
Millet discloses further comprising an inner liner that is interior to the tubular
body, further comprising a reinforcement structure exterior to the
inner liner, wherein the reinforcement structure is embedded within
the wall, wherein the plurality of material sections extends in in a
right-hand wind direction in the first region, wherein the plurality of material sections extends in in a left-hand wind direction in the first region (column 1, lines 46-67, column 2, lines 10-67, column 3, lines 1-6 and Figs. 2-3).
Claim Rejections - 35 USC § 103
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.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Millet (US 6,146,814, cited by applicant).
Millet discloses variable width stripes with wide regions and narrow regions at different points along the length of the catheter (column 2, lines 15-20) in order to provide improved bending and non-kinking properties (column 1, lines 13-29).
Milet does not disclose where a length of the stepdown region is less than the
first width. However, a change in size/shape is obvious and well within the level of one of ordinary skill in the art (MPEP 2144.04 (IV)). It would have been obvious to one of ordinary skill in the art to have provided where a length of the stepdown region is less than the first width in order to provide improved bending and non-kinking properties since changes in shape/size are obvious and Milet discloses variable width stripes with wide regions and narrow regions at different points along the length of the catheter (column 2, lines 15-20) in order to provide improved bending and non-kinking properties (column 1, lines 13-29).
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Millet (US 6,146,814, cited by applicant) in view of JP2007-260403 (English machine translation provided herein).
Millet does not disclose wherein the first region the transition material section comprises a first material and in the second region, the transition material section comprises a second material.
JP2007-260403 discloses wherein the first region the transition material section comprises a first material and in the second region, the transition material section comprises a second material (paragraphs [0018-0022]) in order to provide improved bending properties (paragraphs [0009-0011]).
Therefore it would have been obvious to one of ordinary skill in the art at the time applicant’s invention was made to have provided wherein the first region the transition material section comprises a first material and in the second region, the transition material section comprises a second material in Millet in order to provide improved bending properties as taught or suggested by JP2007-260403.
Claim(s) 9-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Millet (US 6,146,814, cited by applicant) in view of Martin (US 2020/0391009).
Millet does not disclose wherein at least one of the plurality of material sections comprises a non-fusable material, further comprising a soft distal tip section, wherein the soft distal tip section comprises a single material, wherein the tubular body comprises a proximal region located proximally to both the first region and the second region, the proximal region comprising a single material.
Martin discloses wherein at least one of the plurality of material sections comprises a non-fusable material, further comprising a soft distal tip section, wherein the soft distal tip section comprises a single material, wherein the tubular body comprises a proximal region located proximally to both the first region and the second region, the proximal region comprising a single material (paragraphs [0016-0018], [0038], [0085-0088]) for the purpose of providing customized properties such as flexibility, stiffness, durometer, strength and torque control (paragraph [0012]).
Therefore it would have been obvious to one of ordinary skill in the art at the time applicant’s invention was made to have provided at least one of the plurality of material sections comprises a non-fusable material, further comprising a soft distal tip section, wherein the soft distal tip section comprises a single material, wherein the tubular body comprises a proximal region located proximally to both the first region and the second region, the proximal region comprising a single material in Millet in order to provide customized properties such as flexibility, stiffness, durometer, strength and torque control as taught or suggested by Martin.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL C MIGGINS whose telephone number is (571)272-1494. The examiner can normally be reached Monday-Friday, 1-9 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Aaron Austin can be reached at 571-272-8935. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL C MIGGINS/Primary Examiner, Art Unit 1782
MCM
April 23, 2026
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