Prosecution Insights
Last updated: April 18, 2026
Application No. 18/565,937

CONVEYING DEVICE AND MEDICAL DEVICE

Non-Final OA §102§103
Filed
Nov 30, 2023
Examiner
PELLEGRINO, BRIAN E
Art Unit
3799
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Shanghai Intervascular Medtech Co. Ltd.
OA Round
1 (Non-Final)
55%
Grant Probability
Moderate
1-2
OA Rounds
5y 0m
To Grant
91%
With Interview

Examiner Intelligence

Grants 55% of resolved cases
55%
Career Allow Rate
358 granted / 649 resolved
-14.8% vs TC avg
Strong +36% interview lift
Without
With
+35.5%
Interview Lift
resolved cases with interview
Typical timeline
5y 0m
Avg Prosecution
52 currently pending
Career history
701
Total Applications
across all art units

Statute-Specific Performance

§101
0.9%
-39.1% vs TC avg
§103
42.7%
+2.7% vs TC avg
§102
23.1%
-16.9% vs TC avg
§112
25.6%
-14.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 649 resolved cases

Office Action

§102 §103
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. Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. 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 ,3 ,5 ,9 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Soochow Univ. (CN 107080609) . Fig. 1 shows a conveying device, comprising a catheter mechanism and a limiting body 8 ; wherein the catheter mechanism comprises an inner tube assembly and an outer tube 1 , and the outer tube is sleeved on the inner tube assembly 3 and is configured to be movable along an axial direction of the inner tube assembly (paragraph 17 of translation) ; the limiting body is connected to a distal outer surface of the inner tube assembly and is configured to expand or contract along a radial direction of the inner tube assembly (paragraph 35 of translation) ; the conveying device is configured such that the catheter mechanism is configured to load a medical stent and to release the medical stent when the outer tube moves from distal to proximal, and the limiting body is configured to expand when the medical stent is released so as to position the medical stent in a target position (paragraph 36 of translation) . Regarding claim 3, CN ‘609 disclosed (paragraph 36 of translation) the limiting body comprises a balloon 8 . With respect to claim 5, CN ‘609 further discloses (Figs. 1,3) the inner tube assembly comprises a first tube body 3 and a second tube body 2 sleeved on the first tube body, and a fluid channel 9 is formed between an inner wall of the second tube body and an outer wall of the first tube body; the balloon 8 is sleeved on the first tube body 3 , the balloon has a distal end connected to a distal end of the first tube body, and a proximal end connected to a distal end of the second tube body (paragraph 41 of translation) , and the balloon is in communication with the fluid channel. Regarding claim 9, CN ‘609 further disclose (paragraph 46 of translation) a guide mechanism connected to a distal end of the inner tube assembly; the guide mechanism has a proximal end configured to be disposed inside the outer tube, and a distal outer surface smoothly transiting to an outer surface of the outer tube. Claim(s) 1,3, 5, 9 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Kyoto Medical Planning (JP 107080609) . Fig. 2 shows a conveying device, comprising a catheter mechanism and a limiting body 4 ; wherein the catheter mechanism comprises an inner tube assembly and an outer tube 2 , and the outer tube is sleeved on the inner tube assembly 1 and is configured to be movable along an axial direction of the inner tube assembly (paragraph 2 1 of translation) ; the limiting body is connected to a distal outer surface of the inner tube assembly and is configured to expand or contract along a radial direction of the inner tube assembly (paragraph 3 2 of translation) ; the conveying device is configured such that the catheter mechanism is configured to load a medical stent and to release the medical stent when the outer tube moves from distal to proximal, and the limiting body is configured to expand when the medical stent is released so as to position the medical stent in a target position (paragraph 3 4 of translation) . Regarding claim 3, JP ‘007 disclosed (paragraph 9 of translation) the limiting body comprises (Fig. 6) a balloon 4 . With respect to claim 5,JP ‘007 shows (Fig. 3) the inner tube assembly 1 comprises a first tube body with lumen 8 and a second tube body sleeved on the first tube body, and a fluid channel 9 is formed between an inner wall of the second tube body and an outer wall of the first tube body; the balloon is sleeved on the first tube body . Fig. 2 shows the balloon 4 has a distal end connected to a distal end of the first tube body, and a proximal end connected to a distal end of the second tube body, and the balloon is in communication with the fluid channel. Regarding claim 9, JP ‘007 further disclose (paragraph 53 of translation) a guide mechanism 26 connected to a distal end of the inner tube assembly , see Fig. 6 ; the guide mechanism has a proximal end configured to be disposed inside the outer tube, and a distal outer surface smoothly transiting to an outer surface of the outer tube. 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) 2 ,14 ,15 are rejected under 35 U.S.C. 103 as being unpatentable over Kyoto Medical Planning (JP 107080609) in view of Shanghai Microport Endovascular Medtech (CN 112972082). Kyoto Medical Planning is explained as before. However, Kyoto Medical Planning did not explicitly detail the medical stent comprises a covered segment and a bare segment connected to a distal end of the covered segment; wherein the conveying device is configured such that the limiting body applies a radial expansion force to the bare segment when the bare segment is released and the limiting body expands so as to expands the bare segment until a current outer surface thereof is larger than an outer surface in a natural state. Shanghai Microport Endovascular teach (Fig. 1) a stent comprises a covered segment 110 with film 112 and a bare segment 121 connected to a distal end of the covered segment . It would have been obvious to one of ordinary skill to incorporate a stent having a covered segment and a bare segment connected to a distal end of the covered segment as taught by Shanghai Microport Endovascular Medtech with the conveying device of Kyoto Medical Planning such that the conveying device is configured such that the limiting body applies a radial expansion force to the bare segment when the bare segment is released and the limiting body expands so as to expands the bare segment until a current outer surface thereof is larger than a n outer surface in a natural state since such a substitution only involves routine skill in the art to find the optimal stent . Regarding claim 14, see above for the limitation of the stent structure as it is the same as recited in claim 2 to include a covered segment and a bare segment connected to a distal end of the covered segment; which Shanghai teaches. Additionally Kyoto shows (Fig. 2) a stent 5 sleeved on a distal end of the inner tube assembly 1 of the conveying device and compressed within the outer tube 2 of the conveying device. Thus, with the substitution of the stent of Shanghai, the bare segment covers the limiting body of the conveying device, since Kyoto shows the stent over the limiting body 4 . With respect to claim 15, Shanghai teaches (Figs. 1,2) a medical stent comprises a developing element 160 disposed at a junction between the covered segment 110 having film 112 and the bare segment 121 . Thus, per the modification and incorporation with Shanghai the conveying device and stent then is provided with a second developing element on the stent in the apparatus of Kyoto. Claim (s) 4 is rejected under 35 U.S.C. 103 as being unpatentable over Kyoto Medical Planning (JP 107080609) in view of Akihiro et al. (WO 2019/ 180928) . Kyoto Medical Planning is explained as before. However, Kyoto Medical Planning did not explicitly detail the conveying device further comprises a first developing element configured to indicate a position of the limiting body. Akihiro et al. show (Fig. 2) that a conveying device 1 further comprises a first developing element 7a configured to indicate a position of the limiting body 5 . It would have been obvious to one of ordinary skill in the art to incorporate a first developing element configured to indicate a position of the limiting body as taught by Akihiro et al. with the conveying device such that it provides the user/surgeon the ability to see with markers thereon, see abstract . Claim (s) 6 is rejected under 35 U.S.C. 103 as being unpatentable over Kyoto Medical Planning (JP 107080609) in view of Singhvi et al. (CA 3192293) . Kyoto Medical Planning is explained as before. However, Kyoto did not explicitly disclose the inner tube assembly further comprises a third tube body, a fourth tube body and a lubrication tube; both the third tube body and the fourth tube body are sleeved on the second tube body, a proximal end of the fourth tube body is connected to a distal end of the third tube body, and the fourth tube body has a cylindrical spring structure extending along an axis of the inner tube assembly; the lubrication tube is sleeved on the fourth tube body; and/or the inner tube assembly further comprises an ejection head connected to a distal end of the fourth tube body, a first step surface facing toward a distal end of the inner tube assembly is formed on the ejection head, and the first step surface is configured to abut against a proximal end of the medical stent. Singhvi et al. teach (Fig. 2 ) a tube assembly with a third tube body, a fourth tube body and a lubrication tube; both the third tube body and the fourth tube body are sleeved on the second tube body, a proximal end of the fourth tube body is connected to a distal end of the third tube body, and the fourth tube body has a cylindrical spring structure extending along an axis of the inner tube assembly; the lubrication tube is sleeved on the fourth tube body; and/or the inner tube assembly further comprises an ejection head connected to a distal end of the fourth tube body, a first step surface facing toward a distal end of the inner tube assembly is formed on the ejection head, and the first step surface is configured to abut against a proximal end of the medical stent. It would have been obvious to one of ordinary skill in the art to utilize a tube assembly with a tube assembly with a third tube body, a fourth tube body and a lubrication tube; both the third tube body and the fourth tube body are sleeved on the second tube body, a proximal end of the fourth tube body is connected to a distal end of the third tube body, and the fourth tube body has a cylindrical spring structure extending along an axis of the inner tube assembly; the lubrication tube is sleeved on the fourth tube body as taught by Singhvi et al. in the conveying device of Kyoto Medical Planning such that it gives a more controlled system and ability to push and pull, see abstract of Singhvi. Claim (s) 7 is rejected under 35 U.S.C. 103 as being unpatentable over Kyoto Medical Planning (JP 107080609) in view of Chow et al. (WO 2005/032637) . Kyoto Medical Planning is explained as before. However , Kyoto Medical Planning did not explicitly detail the outer tube comprises a lubrication layer, a metal braided layer and a basal layer, which are arranged in sequence from inside to outside. Chow et al. teach (Fig. 14A) that an outer tube or sheath 194 be formed with a lubrication layer, a metal braided layer and a basal layer, which are arranged in sequence from inside to outside , paragraph 117 . It would have been obvious to one of ordinary skill in the art to utilize an outer tube that has a lubrication layer, a metal braided layer and a basal layer, which are arranged in sequence from inside to outside as taught by Chow et al. with the conveying device of Kyoto Medical Planning such that it enables a smooth path channel for elements to pass within and have a firm or stiff construction also to maintain its lumen . Claim (s) 7,8 are rejected under 35 U.S.C. 103 as being unpatentable over Kyoto Medical Planning (JP 107080609) in view of Chou et al. (2019/0351182) . Kyoto Medical Planning is explained as before. However, Kyoto Medical Planning did not explicitly detail the outer tube comprises a lubrication layer, a metal braided layer and a basal layer, which are arranged in sequence from inside to outside. Chou et al. teach (paragraph 93) that an outer tube or sheath be formed with a lubrication layer, a metal braided layer and a basal layer, which are arranged in sequence from inside to outsid e . It would have been obvious to one of ordinary skill in the art to utilize an outer tube that has a lubrication layer, a metal braided layer and a basal layer, which are arranged in sequence from inside to outside as taught by Chou et al. with the conveying device of Kyoto Medical Planning such that it enables a conveying device with good torque and kink resistance, see Chou . Regarding claim 8, Chou further teach (paragraph 135) that there can be a plurality of fibers evenly arranged along a circumferential direction of the outer tube, and each of the fibers is arranged between the lubrication layer and the metal braided layer and extends along an axial direction of the outer tube. Claim (s) 10-13 are rejected under 35 U.S.C. 103 as being unpatentable over Kyoto Medical Planning (JP 107080609) in view of Shanghai Microport Endovascular Medtech (CN 209661891) . Kyoto Medical Planning is explained as before. However, Kyoto Medical Planning did not explicitly detail the handle of the conveying device to define a housing, a transmission member and a driving member; the housing is connected to a proximal end of the inner tube assembly and is configured to remain stationary relative to the inner tube assembly; the transmission member is partially disposed inside the housing and is connected to a proximal end of the outer tube; the driving member is disposed on the housing and is configured to drive the transmission member to move along the axial direction of the inner tube assembly so as to drive the outer tube to move along the axial direction of the inner tube assembly. Shanghai Microport Medtech teaches a conveying device to deliver a stent, see Figs. 1-14 and abstract describing how the transmission member moves and is constructed in the housing of the handle. It would have been obvious to one of ordinary skill in the art to incorporate the handle assembly as taught by Shanghai Microport Medtech with the conveying device of Kyoto medical planning to deliver a stent such that the transmission in the housing can effectively move and deploy the stent accurately, see Shanghai abstract. Regarding claim 11, Shanghai Microport Medtech show (Figs. 7,8) a housing which defines thereon an avoidance slot extending along the axial direction of the inner tube assembly; the transmission member comprises a rack partially disposed inside the housing, and the rack comprises teeth extending out of the housing from the avoidance slot; the driving member is sleeved on the housing, and an inner wall of the driving member is provided with internal threads that engage with the rack; the conveying device is configured such that the driving member and the transmission member form a screw transmission when the driving member rotates around an axis of the inner tube assembly, so that the transmission member is driven to move along the axial direction of the inner tube assembly; the conveying device is further configured such that the transmission member is driven to move along the axial direction of the inner tube assembly when the driving member moves on the housing along the axial direction of the inner tube assembly. With respect to claims 12,13 Figs. 1-4d of Shanghai teach the handle assembly further comprises a locking structure provided on the housing and configured to selectively connect with or disconnect from the driving member; when the locking structure is connected to the driving member, the driving member is prevented from driving the transmission member to move along the axial direction of the inner tube assembly; when the locking structure is disconnected from the driving member, the driving member is allowed to drive the transmission member to move along the axial direction of the inner tube assembly and also can be said to show the driving member defines on an inner wall thereof a wavy locking groove extending in a circle along a circumferential direction of the inner tube assembly; the locking structure comprises an operating member and a locking member; the operating member is partially located inside the housing and is rotatably connected to the housing; the operating member has a rotation axis parallel to an axis of the inner tube assembly; the locking member comprises an eccentric boss provided inside the housing and connected to the operating member, and the eccentric boss is configured to rotate with a rotation of the operating member; the conveying device is configured such that the locking structure is connected to the driving member when the eccentric boss is at least partially inserted into the locking groove and abuts against a wall of the locking groove, and that the locking structure is disconnected from the driving member when the operating member rotates to drive the eccentric boss to separate from the locking groove. Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT BRIAN E PELLEGRINO whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-4756 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT 8:30am-5:00pm M-F . 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, Thomas Barrett can be reached at 571-272-4746 . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /BRIAN E PELLEGRINO/ Primary Examiner, Art Unit 3799
Read full office action

Prosecution Timeline

Nov 30, 2023
Application Filed
Apr 02, 2026
Non-Final Rejection — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
55%
Grant Probability
91%
With Interview (+35.5%)
5y 0m
Median Time to Grant
Low
PTA Risk
Based on 649 resolved cases by this examiner. Grant probability derived from career allow rate.

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