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 .
Response to Amendment
In view of the amendment filed April 14, 2026, claim 1 has been amended. The amendment to claim 1 overcome statutory double patenting rejection in the most recent Office action. Therefore the statutory double patenting rejection to claim 1 and claim 4, which is dependent on claim 1, is hereby withdrawn. Furthermore, examiner notes that the rejection of claims 20-21 under statutory double patenting rejection in the most recent Office action is hereby withdraw because scope of claim 20 is different with scope of claim 19 of U.S. Patent No. 11,980,385. Claim 20 of the present application require “one or more spaced-apart hypotubes” while claim 19 of the patent requires “one or more hypotubes.”
Terminal Disclaimer
The terminal disclaimer filed on April 14, 20206 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of U.S. Patent No. 11,980,385 has been reviewed and is accepted. The terminal disclaimer has been recorded. Therefore, the nonstatutory double patenting rejection in the most recent Office action is hereby withdrawn.
Statutory Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 14 and 17-19 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 13 and 16-18, respectively, of prior U.S. Patent No. 11,980,385. This is a statutory double patenting rejection.
The claims matchup with respect to one another as listed below:
U.S. Patent Application 18/659,770
U.S. Patent No. 11,980,385
Claim 14. A flexible drive shaft assembly for an intravascular medical device comprising: a proximal section having a length and a spring constant, and a distal section having a length that is longer than the proximal section length and a spring constant that is greater than the proximal section spring constant.
Claim 13. A flexible drive shaft assembly for an intravascular medical device comprising: a proximal section having a length and a spring constant, and a distal section having a length that is longer than the proximal section length and a spring constant that is greater than the proximal section spring constant.
Claim 17. The drive shaft assembly of claim 14, wherein the drive shaft assembly further defines an inner lumen therethrough, and comprising at least one support mandrel attached to the wire filars of the proximal section within the inner lumen, and wherein the wire filars attached to the at least one support mandrel are configured to be fixed in axial position relative to each other.
Claim 16. The drive shaft assembly of claim 13, wherein the drive shaft assembly further defines an inner lumen therethrough, and comprising at least one support mandrel attached to the wire filars of the proximal section within the inner lumen, and wherein the wire filars attached to the at least one support mandrel are configured to be fixed in axial position relative to each other.
Claim 18. The drive shaft assembly of claim 14, wherein the drive shaft assembly further defines an inner lumen therethrough, and comprising at least one support mandrel attached to the wire filars of the distal section within the inner lumen, and wherein the wire filars attached to the at least one support mandrel are configured to be fixed in axial position relative to each other.
Claim 17. The drive shaft assembly of claim 13, wherein the drive shaft assembly further defines an inner lumen therethrough, and comprising at least one support mandrel attached to the wire filars of the distal section within the inner lumen, and wherein the wire filars attached to the at least one support mandrel are configured to be fixed in axial position relative to each other.
Claim 19. The flexible drive shaft assembly of claim 14, wherein the intravascular medical device comprises one or more of the group consisting of: a blood pump, a rotational atherectomy device, and a rotational thrombectomy device.
Claim 18. The flexible drive shaft assembly of claim 13, wherein the intravascular medical device comprises one or more of the group consisting of: a blood pump, a rotational atherectomy device, and a rotational thrombectomy device.
Allowable Subject Matter
Claims 1, 3-13 and 20-21 are allowable.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TUAN V NGUYEN whose telephone number is (571)272-5962. The examiner can normally be reached Monday - Friday 8:30 AM - 5:30 PM.
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/TUAN V NGUYEN/Primary Examiner, Art Unit 3771
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