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 applicants’ communication of 7/20/2026. Currently claims 1-14 are elected and subject to the rejection below.
Election/Restrictions
Applicant’s election without traverse of Claims 1-14 in the reply filed on 7/20/2026 is acknowledged.
Claims 15-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected method for intravascular treatment, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 7/20/2026.
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.
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)1-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over OGLE (US 2018/0098778 A1).
OGLE discloses a catheter infusion system (as in figures 1-44), comprising: a first balloon catheter device (see figures 2-12), comprising: a first catheter comprising: a distal end portion comprising a vent port (near 228);a first expandable member (200) disposed proximally to the vent port and in fluid communication with the vent port; a first connector (302) coupled to the catheter; a handle (306) coupled to the connector, wherein the handle comprises a slide member moveable between a distal position and a proximal position; and a wire (254) coupled to the slide member and slidingly disposed within the first catheter, wherein a distal portion of the wire is configured to seal the vent port when the slide member is in the distal position and to open the vent port when the slide member is in the proximal position; a second balloon catheter device (930,940), comprising: a second connector; a second catheter coupled to the second connector, comprising: an outer tube (930);an inner tube (940) disposed coaxially within the outer tube; and a second expandable member (932) coupled to the outer tube and disposed adjacent a distal end of the second catheter, wherein the first catheter is coaxially disposable within the inner tube; and a backflow valve (910) member coupled to the second connector.
Ogle discloses the claimed invention except for the second catheter contains a connector. Ogle teaches that it is known to use connectors on the ends of the tubular catheters as set forth in figures 1-8 and connectors 120/220 to provide a means to attach the fluid tube to a fluid supply or reservoir. It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the system as taught by Ogle with the second catheter contains a connector as taught by Ogle figures 1-8, since such a modification would provide the system with the second catheter contains a connector for providing a means to attach the fluid tube to a fluid supply or reservoir
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Concerning claim 2 the first expandable member is inflatable with a fluid when the slide member is in the distal position (see para [0107]).
Concerning claim 3 and the expandable member is deflatable when the slide member is in the proximal position (see para [0076]).
Concerning claim 4 and the catheter infusion system of wherein the vent port (228) comprises a lumen comprising a first portion and a second diameter portion, wherein a diameter of the second portion is smaller than a diameter of the first portion (note stepped portion of 228 along longitudinal axis), wherein the distal portion of the wire is configured to seal the vent port when disposed within the second portion, and wherein the distal portion of the wire is configured to open the vent port when disposed within the first portion (as 212 move longitudinally the 228 opens/closes).
Concerning claim 5 and the lumen comprises an open distal end configured to vent fluid from the expandable member into an exterior environment when the distal portion of the wire is disposed within the first portion (note openings in 156 near 162/170).
Concerning claim 6 and the second connector comprises a second inflation port, wherein the outer tube and the inner tube define an annular space between the outer tube and the inner tube, and wherein the annular space is in fluid communication with the second inflation port and the second expandable member (see figure 19 and 530 second connector).
Concerning claim 7 and the backflow valve member comprises an infusion port, and wherein the inner tube comprises a lumen in fluid communication with the infusion port (examiners position is that 910 does contain an infusion port as similar to infusion ports as shown in figure 18/19, and 28).
Concerning claim 8 and the second balloon catheter device is slidingly displaceable over the first catheter from a distal end of the first catheter toward a proximal end of the first catheter (see figures 43-44).
Concerning claim 9 and the handle is selectively couplable to the first catheter, and wherein the second balloon catheter device is slidingly displaceable over the first catheter from a proximal end of the first catheter toward a distal end of the first catheter (see handle such as 306 and figures 43-44).
Concerning claim 10 OGLE discloses a catheter treatment system, comprising: a catheter occlusion device(see figures 2-12), comprising: a first tube comprising: a fluid evacuation port (228); and a vessel occlusion member (200) disposed proximally to and in fluid communication with the fluid evacuation port; a first connector (302) coupled to the elongate tube; an actuator (306) coupleable to the connector, wherein the actuator comprises a slide member moveable between a first position and a second position (see para [0079]); and a sealing member (198) coupled to the slide member and slidingly disposed within the first tube, wherein a portion of the sealing member prevents fluid from flowing through the fluid evacuation port when the slide member is in the first position and allows fluid to flow through the fluid evacuation port when the slide member is in the second position (see para [0107]).; and a catheter infusion device coaxially disposed over the first tube, comprising: a second connector; a second tube (930) coupled to the second connector; a third tube (940) disposed coaxially within the second tube; and a second vessel occlusion member (932) coupled to the second tube and disposed adjacent a distal end of the second tube, wherein the first tube is coaxially disposable within the third tube; and a backflow prevention member (910) coupled to the second connector.
Ogle discloses the claimed invention except for the second catheter contains a connector. Ogle teaches that it is known to use connectors on the ends of the tubular catheters as set forth in figures 1-8 and connectors 120/220 to provide a means to attach the fluid tube to a fluid supply or reservoir. It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the system as taught by Ogle with the second catheter contains a connector as taught by Ogle figures 1-8, since such a modification would provide the system with the second catheter contains a connector for providing a means to attach the fluid tube to a fluid supply or reservoir.
Concerning claim 11 and the first vessel occlusion member is inflatable when the slide member is in the first position, and wherein the first vessel occlusion member is deflatable when the slide member is in the second position (see para [0076]).
Concerning claim 12 and wherein a distal end of the sealing member is disposed within a second portion of a bore of the fluid evacuation port when the slide member is in the first position to seal the fluid evacuation port to prevent an inflation fluid from flowing through the fluid evacuation port, and wherein the distal end of the sealing member is disposed within a first portion of the bore when the slide member is in the second position to open the evacuation port and allow the inflation fluid to flow from the first occlusion member and distally through and from the evacuation port (see figures 1-11 and para [0107]).
Concerning claim 13 and an annular space disposed between the second tube and the third tube, wherein the annular space is in fluid communication with the second occlusion member and a second inflation port of the second connector (see figures 18-19 or figure 44).
Concerning claim 14 and the backflow prevention member comprises a valve configured to engage with the first tube when the backflow prevention member is in a closed state (see element 910 and para [0137]).
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
