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
Newly amended claim 20 is directed to an invention that is independent or distinct from the invention originally claimed for the following reasons: Claim 20 is amended to recite “each sheath portion having a unitary, one-piece construction.” Applicant argues in the remarks mailed 9 June 2026 that support for the limitation is found in Fig 4 and paragraph 0050.
However, there was an election requirement mailed 8 January 2025 which indicated that the species represented by Figs 4, 5, and 6 are distinct and required Applicant to elect one from among them. On 25 February 2025, Applicant elected the species represented by Fig 6.
Thus, claim 20 is now directed to the species of Fig 4 which is a non-elected invention. Accordingly, claims 20, 22-24, 28-33, 39-40 are withdrawn from consideration as being directed to a non-elected invention. Claims 27-28 were previously withdrawn and remain withdrawn. See 37 CFR 1.142(b) and MPEP § 821.03.
Response to Arguments
Applicant argues that claim 20 overcomes the prior art, but claim 20 is withdrawn for being directed to an unelected species.
Even though claim 20 is withdrawn, Examiner notes the term “unitary, one piece construction” is potentially indefinite as it is unclear how “one piece” modifies “unitary.” Under the tenets of claim construction, each additional term must add some limitation. Here, it appears that “unitary” and “one piece” are entirely synonymous, but because both limitations are in the claim, there is also the presumption that “one piece” modifies “unitary.” Thus, the inclusion of both “unitary” and “one piece” make the metes and bounds of the claim potentially unclear.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 JACOB JAMES CIGNA whose telephone number is (571)270-5262. The examiner can normally be reached 9am-5pm Monday-Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thomas Hong can be reached at (571) 272-0993. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JACOB J CIGNA/Primary Examiner, Art Unit 3726 1 September 2026
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