DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 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.
Election/Restrictions
Applicant's election with traverse of group I in the reply filed on 6/18/26 is acknowledged. The traversal is on the ground(s) that “if the Examiner finds the device of Group I in the art, there is more than likely a disclosure of a method of manufacturing it as described in Group II”. This is not found persuasive because this is incorrect and is evidenced by the reference cited below. While the reference does show the structure of the claim 1 it does not mention the manufacturing method of claim 14 which demonstrates that a different search method or strategy would be required to find a reference for the method. For this reason, the restriction is maintained.
The requirement is still deemed proper and is therefore made FINAL.
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.
Claims 1-6 and 11-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20100082000 A1 to Honeck et al. (Honeck).
Honeck discloses:
Regarding claim 1:
A flexible support tube (830/30, figures 6 and 15) for a catheter shaft (22), the flexible support tube comprising:
a laser cut (interpreted as a product by process limitation as indicated above) framework of struts (872) comprising a plurality of substantially circular ribs (872) distributed along a longitudinal axis (axis “x” as shown in figure 15) of the flexible support tube, the plurality of substantially circular ribs (872) comprising one or more circumferential discontinuities (gap formed between 872 when peeled as indicated in ¶0069) around a circumference (between opposite 876 of 872 when peeled) of the flexible support tube,
wherein the plurality of substantially circular ribs (872) of the framework of struts form an axial series of interlocking segments (see the segments A-D in figure 1 below) having a substantially tubular profile (as shown in figure 1 below) along the longitudinal axis (axis “x”);
one or more axial seams (the gap formed between portions 876 of 872 that extends the length of the 830 when the two parts are peeled apart as indicated in ¶0069) formed from an alignment of the one or more circumferential discontinuities in the plurality of substantially circular ribs (872) (as shown in figure 15), the one or more axial seams configured to allow radial expansion of the flexible support tube (seams between 872 allows for the opposing 872 to be peeled apart); and
a spine (870) axially linking the interlocking segments (see the segments A-D in figure 1 below) and axially linking each of the ribs (872) of the plurality of substantially circular ribs (872) (870 on the top and bottom 872 and on the opposite sides link all of the top 872’s and the bottom 872’s together),
the interlocking segments (see the segments A-D in figure 1 below) each comprising:
a top half (see the top half A and B of 872 as shown in figure 1 below) comprising a pair of inset teeth (see the top teeth E and F in figure 1 below, “inset teeth” interpreted as extending downward) extending from respective ribs (872) of the plurality of substantially circular ribs (872) (as shown in figure 1 below); and
a bottom half (see the top half C and D of 872 as shown in figure 1 below) comprising a pair of outset teeth (see the bottom teeth G and H in figure 1 below, “outset teeth” interpreted as extending upward) extending from respective ribs (872) of the plurality of substantially circular ribs (872) and bounding a reception space (see the reception space I),
wherein the spine (870) forms an inner face (see the inner face of 870) of the reception space and follows a non-linear path (as shown in figure 15) alternating between the top half and the bottom half of the flexible support tube (as shown in figure 15).
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Figure 1 – figure 15 of Honeck, annotated by the examiner
Regarding claim 2:
The flexible support tube of claim 1, wherein the interlocking segments (see the segments A-D in figure 1 above) are aligned such that each pair of inset teeth (see the top teeth E and F in figure 1 above) of the top half (see the top half A and B of 872 as shown in figure 1 above) and each pair of outset teeth (see the bottom teeth G and H in figure 1 above) of the bottom half (see the top half C and D of 872 as shown in figure 1 above) are in apposition to one another and radially separable by the one or more axial seams when the flexible support tube is assembled (as shown in figure 1 above during the peeling or tearing of the 872 components as mentioned in ¶0069).
Regarding claim 3:
The flexible support tube of claim 1, wherein the one or more axial seams are a continuous gap (as shown in figure 1 above during the peeling or tearing of the 872 components as mentioned in ¶0069) defined by a perimeter of an interface of the outset teeth (see the bottom teeth G and H in figure 1 above) of the bottom half (see the top half C and D of 872 as shown in figure 1 above) with the inset teeth (see the top teeth E and F in figure 1 above) of the top half (see the top half A and B of 872 as shown in figure 1 above).
Regarding claim 4:
The flexible support tube of claim 1, wherein the one or more axial seams have a non-linear profile (as shown in figure 1 above during the peeling or tearing of the 872 components as mentioned in ¶0069 where the seam is non-linear as it passes through 870).
Regarding claim 5:
The flexible support tube of claim 1, wherein the inset teeth (see the top teeth E and F in figure 1 above) of each top half (see the top half A and B of 872 as shown in figure 1 above) and the outset teeth (see the bottom teeth G and H in figure 1 above) of each bottom half (see the top half C and D of 872 as shown in figure 1 above) comprise a projection parallel (both teeth E-H have depth and extend in the longitudinal direction “x”) to the longitudinal axis (axis “x”) of the flexible support tube.
Regarding claim 6:
The flexible support tube of claim 1, wherein the engagement of the inset teeth (see the top teeth E and F in figure 1 above) with the outset teeth (see the bottom teeth G and H in figure 1 above) limits the axial expansion of the flexible support tube (the teeth define the lower limit of the axial expansion of the flexible support tube).
Regarding claim 11:
The flexible support tube of claim 1, wherein a distal end (see the distal end of 18 that is flat and perpendicular to the axis X) of the catheter shaft has a face approximately perpendicular to the longitudinal axis (axis “x”) configured for connecting to a catheter mouth (mouth 29 as shown in figure 1) configured for conducting intravascular procedures (distal end of 18 is mounted to 26 which is connected to 29; ¶0029 indicates the assembly is used for intravascular procedures).
Regarding claim 12:
The flexible support tube of claim 1 further comprising an inner liner (34 as shown in figure 6) disposed around the longitudinal axis (axis “x”) of the flexible support tube (22).
Regarding claim 13:
The flexible support tube of claim 1, wherein the spine (870) forms an inner face (see the inner face of 870) of the reception space (as shown in figure 15 where the teeth E-H are received).
Allowable Subject Matter
Claims 7-10 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. The following is pertinent prior art:
US-20050080400-A1
Corcoran, Michael P.
See the teeth 18
US-20210219821-A1
Appling; Anthony
See the teeth 52
US-20190255290-A1
Snyder; Edward J.
See the frame 102
US-20200139082-A1
Matlock; George L.
See the teeth 246
WO-2007149841-A2
FORSTER DAVID C
See the teeth 20
NL-2022849-B1
MATTHEUS HENDRIK LOUIS THISSE
See the teeth 506
DE-202020107013-U1
Randoll, Soren
See the teeth 22a
EP-2351594-A2
MAJERCAK DAVID CHRISTOPHER
See the teeth 402
EP-2351593-A2
MAJERCAK DAVID CHRISTOPHER
See the teeth 204
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WESLEY HARRIS whose telephone number is (571)272-3665. The examiner can normally be reached M to F, 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Tsai can be reached on (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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/WESLEY G HARRIS/Examiner, Art Unit 3783
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