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 without traverse of claims 1-13 in the reply filed on 7-27-26 is acknowledged.
Claims 14-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 7-27-26.
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 13 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.
Regarding claim 13, the claim recites the limitation “a transition temperature of the tube”. It’s not clear if it’s intended to recite “a glass transition temperature of the tube”.
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)(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, 5-7, 11-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shima et al. (English translation of JPWP2018180490).
Regarding claim 1, Shima et al. discloses a method for producing a parison 1 for a ballon catheter (abstract), the method comprising:
Fixing a pair of fixing portions of a thermoplastic tube (para 26) extending along a major axis direction, the pair of fixing portions being separating from each other in the major axis direction (fig. 5-7, claim 4);
Heating a pair of heating portions of the tube by bringing a heat source 51 close to a surface of the tube or bringing the heat source into contact with at least a part of the surface of the tube, the pair of heating portions being located between the pair of fixing portions and separated from each other in the major axis direction; and
Pulling the tube in a direction a16 in which the pair of fixing portions are separated from each other, and stretching the pair of heating portions of the tube heated by the heating of the pair of heating portions of the tube (fig. 6, claim 1, abstract), wherein
A thick portion 3a having an outer diameter larger than that of a stretched portion 3c formed between the pair of heating portions stretched by the pulling of the tube in the direction in which the pair of fixing portions are separated from each other (fig. 3, claim 1, abstract).
Regarding claim 5, Shima et al. discloses wherein the heat source is brought into contact with an entire circumference of the surface of the tube (fig. 6, 8-9).
Regarding claim 6, Shima et al. discloses separating the heat source, which is brought close to or into contact with the surface of the tube, from the surface of the tube after the heating of the pair of heating portions of the tube and during the pulling of the tube in the direction in which the pair of fixing portions are separating from each other (para 44).
Regarding claim 7, Shima et al. discloses wherein the heat source maintains a surface of the heating portion at a temperature higher than a glass transition temperature of the tube (inherent).
Regarding claim 11, Shima et al. discloses a method for producing a balloon catheter, the method comprising:
Biaxially stretching the parison for a balloon catheter, which is produced by the method according to claim 1, to form a balloon 3; and disposing a shaft 42 in the formed balloon (para 3-4, 30-34, fig. 4).
Regarding claim 12, Shima et al. discloses a method for producing a parison 1 for a ballon catheter (abstract), the method comprising:
Fixing a pair of fixing portions of a thermoplastic tube (para 26) extending along a major axis direction, the pair of fixing portions being separating from each other in the major axis direction (fig. 5-7, claim 4);
Heating a pair of heating portions of the tube by bringing a heat source 51 close to a surface of the tube or bringing the heat source into contact with at least a part of the surface of the tube, the pair of heating portions being located between the pair of fixing portions and separated from each other in the major axis direction; and
Pulling the tube in a direction a16 in which the pair of fixing portions are separated from each other and stretching the pair of heating portions of the tube (fig. 6, claim 1, abstract).
Allowable Subject Matter
Claims 2-4 and 8-10 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.
Claim 13 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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 does not teach wherein the tube is heated in a heating mold 51a, 51b having a space surrounded by a wall surface 51e having a rectangular cross-sectional shape obtained by cutting along a plane perpendicular to the major axis direction.
Regarding claim 8, the prior art does not teach cooling at least a part of a portion between the pair of heating portions during the heating of the pair of heating portions of the tube.
Regarding claim 13, the prior art does not teach cooling at least a part of a portion between the pair of heating portions during the heating of the pair of heating portions; and maintaining a surface of the portion between the pair of heating portions at a temperature lower than a glass transition temperature of the tube.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to XUE H LIU whose telephone number is (571)270-5522. The examiner can normally be reached 1PM - 10PM.
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/X.H.L/ Examiner, Art Unit 1742 /CHRISTINA A JOHNSON/Supervisory Patent Examiner, Art Unit 1742
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