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 with traverse of Species C which corresponds to fig,6A-7C in the reply filed on 11/04/2025 is acknowledged. The traversal is on the ground(s) that. This is not found persuasive because
The traversal is on the ground(s) that there is no serious search burden with respect to the restriction requirement among species is not found persuasive because there are structural and functional distinctions between each species. Where each species includes a different multi-functional catheter shaft configuration, actuator arrangement and/or functional interaction, the inventions are properly considered distinct. The examination burden is not limited exclusively to a prior art search but also includes that effort required to apply the art by making and discussing all appropriate grounds of rejection. Multiple inventions, such as those in the present application, normally require additional reference material and further discussion for each additional invention examined. Concurrent examination of multiple inventions would thus typically involve a significant burden even if all searches were coextensive.
For the argument that states, the species are not mutually exclusive, the test for species restriction is not whether embodiments could theoretically share certain components/mechanism but whether the claimed inventions are independent or distinct. Even if the tool 290 maybe used with or without a handle, the claimed species define different structural combinations and mechanisms. Furthermore, the stated disclosure in the specification does not exclude restriction where the claimed subject matter defines patentably distinct alternatives.
The requirement is still deemed proper and is therefore made FINAL.
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.
Claim 19 is 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.
The term “typically” in claim 19 is a relative term which renders the claim indefinite. The term “typically” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is unclear to the examiner what typically means. As best understood, the examiner is interpreting it as the configuration claimed is not always needed and it is optional.
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, 3 and 9 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Salazar et al. (US 2020/0108236).
Regarding claim 1, Salazar discloses a catheter (fig.6, 17A-B), comprising: a catheter shaft (fig.17A-B; elongate member 802) comprising a shaft distal end (distal end of elongate member 802); and a catheter shaft actuator (actuation mechanism 810/ engagement member 812) comprising an actuator distal end (distal end of actuation mechanism 810/ engagement member 812), wherein the catheter shaft extends distally of the actuator distal end (fig.17A-B), and wherein a distance between the shaft distal end and the actuator distal end is adjustable [0086].
Regarding claim 2, Salazar discloses the catheter of claim 1, further comprising a multi-function catheter shaft tool (fig.17A-B) comprising: a tool distal end (distal shaft end 850); a tool proximal end (fig.17A-B, proximal engagement member end 826), the catheter shaft tool defining a lumen that extends from the tool distal end to the tool proximal end (fig.17A-B; bore 856), wherein the lumen is sized to accommodate the catheter shaft (fig.17A-B); a catheter shaft straightener comprising the tool distal end (the structure of hollow shaft 814); and a catheter shaft clamp (fig.17A-B; gripping member 816) disposable in each of a clamping configuration and a released configuration relative to the lumen [0086], wherein the catheter shaft straightener (fig.9-10; hollow shaft 814) extends proximally from the tool distal end (fig.9-10; distal shaft end 850) and at least to the actuator distal end, and wherein the catheter shaft straightener and the catheter shaft actuator are configured to be collectively rotatable [0081].
Regarding claim 3, Salazar discloses the catheter of claim 1, further comprising a catheter handle (distal end of handle assembly 500), wherein the catheter shaft extends at least to a distal end of the catheter handle (fig.1A), wherein at least part of the catheter shaft actuator is disposed distally of the catheter handle (actuation mechanism 810/ engagement member 812 is disposed distally of the distal end of handle assembly 500), and wherein the catheter shaft actuator comprises: a passage extending through the catheter shaft actuator from the actuator distal end to an actuator proximal end (fig.17A-B; lumen 830/856), wherein the catheter shaft extends entirely through the catheter shaft actuator (fig.17A-B); a clamping actuator (fig.17A-B; compression member 820) on an exterior of the catheter shaft actuator (fig.17A-B); and a catheter shaft clamp (fig.17A-B; compression element 818) operatively interconnected with the clamping actuator (fig.17A-B), wherein the clamping actuator is disposed in: a clamping configuration, relative to the catheter shaft, when the clamping actuator is in a first position(fig.17B) and a released configuration (fig.17B), relative to the catheter shaft, when the clamping actuator is in a second position, wherein the clamping actuator is movable between the first position and the second position to dispose the clamp in the clamping configuration and the released configuration, respectively [0086]-[0087].
Regarding claim 9, Salazar discloses the catheter of claim 1, wherein the catheter shaft actuator (fig.17A-B; 810) comprises an actuator handle (fig.17A-B; engagement member 812), a first clamp (fig.17A-B; compression member 820), and a clamping actuator (fig.17A-B; compression element 818), wherein the catheter shaft extends through the actuator handle (fig.17A-B), wherein the first clamp is movable along a first axis relative to the catheter shaft between a clamping configuration (fig.17A-) and a released configuration (fig.17A-B), wherein the clamping actuator is movable along a second axis between at least first and second positions to dispose the first clamp in the clamping configuration and the released configuration (fig.17A-B, see also [0087], respectively [0087], wherein the first clamp clamps against the catheter shaft in the clamping configuration, and wherein the catheter shaft actuator is movable along and relative to the catheter shaft when the first clamp is in the released configuration [0086]-[0087].
Claim 19 is rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Ku et al. (US 2016/0113713).
Regarding claim 19, Ku discloses a catheter, comprising: a catheter shaft (fig.1 for the general system and fig.11A-B; elongated shaft 616); a catheter shaft actuator (fig.11A-B; actuator 636) movably mounted on the catheter shaft (fig.11A-B); a housing (fig.11A-B; handle assembly 634) disposed in a fixed position relative to the catheter shaft (fig.11A-B), wherein at least part of the housing extends proximally relative to the catheter shaft actuator (the distal end of handle assembly 634 extends proximally to actuator 636); and a generator cable (the generator cable here is not showing [0214], see fig.1; cable 28) extending proximally from the housing (fig.1), wherein a distal end section of the housing (distal section of handle assembly 634) is typically disposed within a proximal end section of the catheter shaft actuator (the proximal end section is the bottom section of actuator 636 that is coupled to the distal end of elongated shaft 616) when the catheter shaft actuator is disposed in a proximal-most position relative to the catheter shaft (fig.11B).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIGIST S DEMIE whose telephone number is (571)270-5345. The examiner can normally be reached Monday-Friday 8am-5Pm.
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/TIGIST S DEMIE/Primary Examiner, Art Unit 3794