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
This application is a CON of 17/479,225 09/20/2021 PAT 11998448
17/479,225 is a CON of 16/208,457 12/03/2018 PAT 11123188
16/208,457 is a DIV of 14/695,607 04/24/2015 PAT 10154904
14/695,607 has PRO 61/985,330 04/28/2014 is acknowledged.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 6, 8, 12 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 2014/0058502 to Marchand et al. (Marchand).
Marchand teaches:
Claim 1: A device for introducing a catheter into a patient’s vasculature, the device comprising:
a housing assembly (Fig. 23A reproduced with annotation below), wherein the housing assembly comprises a proximal portion and a distal portion (Fig. 23A reproduced with annotation below), wherein the proximal portion is movable longitudinally relative to the distal portion between a proximal position (Fig. 23A) and a distal position (Fig. 23B);
a distal sheath (Fig. 23A reproduced with annotation below) extending distally from the housing assembly and adapted to be inserted into a patient’s vasculature with the housing assembly positioned outside of the patient’s vasculature;
a distal hemostatic seal (Fig. 23A reproduced with annotation below) mounted within the distal portion of the housing assembly; and
an inner sheath (Fig. 23A reproduced with annotation below) positioned within the housing assembly, wherein the inner sheath is stationary relative to the proximal portion of the housing assembly, and wherein when the proximal portion is in the distal position, a distal end of the inner sheath extends through the distal hemostatic seal (Fig. 23A), and wherein when the proximal portion is in the proximal position, the distal end of the inner sheath is positioned proximal to the distal hemostatic seal with the distal hemostatic seal closed (Fig. 23A).
Claim 6: The housing assembly has length between a distal end of the distal portion and a proximal end of the proximal portion, and wherein the length when the proximal portion is in the distal position is less than the length when the proximal portion is in the proximal position (before the proximal portion 614 threading distally, Fig. 23A, the length between the distal end of the distal portion and the proximal end of the proximal portion is longer, the after the proximal portion 614 threading distally, Fig. 23B, the length is shorter).
Claim 8: A device for introducing a catheter into a patient’s vasculature, the device comprising:
housing assembly (Fig. 23A reproduced with annotation below), wherein the housing assembly comprises a proximal portion and a distal portion (Fig. 23A reproduced with annotation below), wherein the proximal portion is movable longitudinally relative to the distal portion between a proximal position and a distal position (Figs. 23A-23B);
a distal sheath (Fig. 23A reproduced with annotation below) extending distally from the housing assembly and adapted to be inserted into a patient’s vasculature with the housing assembly positioned outside of the patient’s vasculature;
a distal hemostatic seal (Fig. 23A reproduced with annotation below) mounted within the distal portion of the housing assembly;
a proximal hemostatic seal (Fig. 23A reproduced with annotation below) mounted within the proximal portion of the housing assembly;
an inner sheath (Fig. 23A reproduced with annotation below) positioned within the housing assembly, wherein the inner sheath is stationary relative to the proximal portion of the housing assembly, and wherein a distal end of the inner sheath extends through the distal hemostatic seal when the proximal portion of the housing assembly is in the distal position (Fig. 23B), and the distal end of the inner sheath is positioned proximal to the distal hemostatic seal with the distal hemostatic seal closed when the proximal portion of the housing assembly is in the proximal position (Fig. 23A).
Claim 12: The housing assembly has a length between a distal end of the distal portion and a proximal end of the proximal portion, and wherein the length when the proximal portion of the housing assembly is in the distal position is less than the length when the proximal portion of the housing assembly is in the proximal position (before the proximal portion 614 threading distally, Fig. 23A, the length between the distal end of the distal portion and the proximal end of the proximal portion is longer, the after the proximal portion 614 threading distally, Fig. 23B, the length is shorter).
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Allowable Subject Matter
Claims 2-5, 7, 9-11 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.
The following is a statement of reasons for the indication of allowable subject matter: Regarding claim 2, the prior art fails to disclose the distal portion of the housing comprises an intermediate housing and a distal housing, and wherein the intermediate housing is arranged to move distally over the distal housing in a telescopic manner. Claims 3-5 and 7 also objected for depending on objected claim 2. Regarding claim 9, the prior art fails to disclose a proximal seal housing and a proximal end component, wherein the proximal hemostatic seal is positioned within the proximal seal housing, and wherein the proximal end component is movable longitudinally relative to the proximal seal housing between a first position and a second position. Claims 10-11 also objected to depending on objected claim 9.
Claims 13-19 allowed.
The following is an examiner’s statement of reasons for allowance: Regarding base claim 13, none of the prior art disclose, in combination with other limitations of the claim, a device for introducing a catheter into a patient’s vasculature , the device comprising a biasing mechanism within the housing that biases the proximal portion of the housing into the proximal portion.
The closest prior art US 2014/0058502 to Marchand et al. discloses integrated heart valve delivery system comprises a handle housing having valves for protection of an implant delivery but fails disclose a biasing mechanism as claimed.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHONG SON DANG whose telephone number is (571)270-5809. The examiner can normally be reached Mon-Fri 8-5.
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/PHONG SON H DANG/Primary Examiner, Art Unit 3771