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 Group I (claims 1-10) in the reply filed on 06/01/2026 is acknowledged. Claims 11-20 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 06/01/2026.
Remarks
This action is in response to the remarks filed 06/01/2026.
Claims 1-20 are pending, with claims 11-20 withdrawn. Claims 1-10 are examined in the office action below.
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.
Claims 1-3 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Papademetriou et al. (US Patent Application Publication 2001/0020164), hereinafter Papademetriou.
Regarding claim 1, Papademetriou discloses a catheter system for treating a treatment site within or adjacent to a vessel wall within a body of a patient (e.g. Claims 24 and 25), the catheter system including a single light source that generates light energy (e.g. Par. [0017]: treatment laser source 91), the catheter system comprising:
a first light guide and a second light guide that are each configured to selectively receive light energy from the light source (e.g. Par. [0017]: fibers receive the light energy); and
a multiplexer that receives the light energy from the light source in the form of a source beam and selectively directs the light energy from the light source in the form of individual guide beams to each of the first light guide and the second light guide, the multiplexer including a first acousto-optic deflector that is configured to change a deflection angle of the source beam by changing a driving frequency input into the first acousto-optic deflector (e.g. Pars. [0017]-[0018]: acousto-optic modulator (AOM) deflects the beam to individual fibers); wherein when the multiplexer generates a first deflection angle for the source beam, a first guide beam is directed to the first light guide, and when the multiplexer generates a second deflection angle for the source beam, a second guide beam is directed to the second light guide, the second deflection angle being different than the first deflection angle (e.g. Par. [0034]: different wavelength energy beams deflected at different angles).
Regarding claim 2, Papademetriou further discloses wherein the acousto-optic deflector includes a transducer and an absorber that cooperate to generate the driving frequency that alternatively generates (i) the first deflection angle so that the source beam is redirected as the first guide beam to the first light guide, and (ii) the second deflection angle so that the source beam is redirected as the second guide beam to the second light guide (e.g. Par. [0017]).
Regarding claim 3, Papademetriou further discloses a third light guide that is configured to selectively receive light energy from the light source, wherein when the multiplexer generates a third deflection angle for the source beam, a third guide beam is directed to the third light guide, the third deflection angle being different than the first deflection angle and the second deflection angle (e.g. Par. [0017]: multiple fibers; Par. [0034]: different wavelength energy beams deflected at different angles).
Regarding claim 9, Papademetriou further discloses wherein the light source includes a laser (e.g. Par. [0017]: treatment laser source 91).
Claim Rejections - 35 USC § 103
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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 4-7 are rejected under 35 U.S.C. 103 as being unpatentable over Papademetriou et al. (US Patent Application Publication 2001/0020164), hereinafter Papademetriou, as applied to claim 1 above, and further in view of Tayebati et al. (US Patent Application Publication 2019/0265419), hereinafter Tayebati.
Regarding claims 4 and 5, Papademetriou fails to disclose an optical element that is configured to transform angular separation between the first guide beam and the second guide beam into a linear offset, wherein the optical element is an imperfect parallelogram. Tayebati is directed towards a beam parameter adjustment system. Tayebati discloses an optical element that is configured to transform angular separation between the first guide beam and the second guide beam into a linear offset, wherein the optical element is an imperfect parallelogram (e.g. Par. [0077]; Figs. 9H-J: element 960).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Papademetriou to include the optical element as taught by Tayebati because doing so would allow adjustment of the propagation path of the laser beam (e.g. Tayebati, par. [0077]).
Regarding claim 6, Papademetriou fails to disclose wherein the multiplexer further includes a second acousto-optic deflector that is positioned in series with the first acousto-optic deflector. Tayebati is directed towards a beam parameter adjustment system. Tayebati discloses multiple acousto-optic elements to vary the output beam (e.g. Par. [0097]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Papademetriou to include the multiple acousto-optic deflectors as taught by Tayebati because doing so would allow variation of the laser beam (e.g. Tayebati, par. [0097]).
Regarding claim 7, Papademetriou further discloses a third light guide and a fourth light guide that are each configured to selectively receive light energy from the light source (e.g. Par. [0017]: multiple fibers; Par. [0034]: different wavelength energy beams deflected at different angles). However, Papademetriou fails to disclose wherein the first acousto-optic deflector allows an undeviated beam to be transmitted through the first acousto-optic deflector as a transmitted beam that is directed toward the second acousto-optic deflector, and the second acousto-optic deflector is utilized to deflect the transmitted beam to selectively generate a third and fourth guide beam. Tayebati is directed towards a beam parameter adjustment system. Tayebati discloses wherein the first acousto-optic deflector allows an undeviated beam to be transmitted through the first acousto-optic deflector as a transmitted beam that is directed toward the second acousto-optic deflector, and the second acousto-optic deflector is utilized to deflect the transmitted beam to selectively generate a third and fourth guide beam (e.g. Par. [0097]: using multiple acousto-optic elements).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Papademetriou in view of Tayebati to include generating guide beams with multiple acousto-optic elements as taught by Tayebati because doing so would allow variation of the laser beam (e.g. Tayebati, par. [0097]).
Claims 8 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Papademetriou et al. (US Patent Application Publication 2001/0020164), hereinafter Papademetriou, as applied to claim 1 above, and further in view of Grace et al. (US Patent Application Publication 2017/0265942), hereinafter Grace.
Regarding claim 8, Papademetriou fails to disclose a catheter shaft and a balloon that is coupled to the catheter shaft, the balloon including a balloon wall that defines a balloon interior, the balloon being configured to retain a balloon fluid within the balloon interior, the balloon being selectively inflatable with the balloon fluid to expand to an inflated state such that when the balloon is in the inflated state the balloon wall is configured to be positioned adjacent to the treatment site, the first light guide and the second light guide being positioned at least partially within the balloon interior, wherein the first light guide and the second light guide receive the light energy from the light source and guide the light energy from the light source into the balloon interior to generate plasma in the balloon fluid within the balloon interior, the plasma generation causing rapid bubble formation and imparting pressure waves upon the balloon wall adjacent to the treatment site.
Grace, in a similar field of endeavor, is directed towards a laser induced fluid filled balloon catheter. Grace discloses a catheter shaft and a balloon that is coupled to the catheter shaft, the balloon including a balloon wall that defines a balloon interior, the balloon being configured to retain a balloon fluid within the balloon interior (e.g. Fig. 2: balloon catheter can be seen with a balloon wall that defines a balloon interior; Fig. 5: step 540: inflate the balloon with liquid medium; Par. [0274]), the balloon being selectively inflatable with the balloon fluid to expand to an inflated state such that when the balloon is in the inflated state the balloon wall is configured to be positioned adjacent to the treatment site (e.g. Fig. 2: inflated balloon next to obstruction; Fig. 5: step 540: inflating the balloon with liquid medium); wherein the first light guide and the second light guide are positioned at least partially within the balloon interior (e.g. Pars. [0361] – [0362]: distal end of the catheter includes light emitters; Figs. 12, 12A: light emitters 115 located inside balloon), and wherein the first light guide and the second light guide receive the light energy from the light source and guide the light energy from the light source into the balloon interior to generate plasma in the balloon fluid within the balloon interior, the plasma generation causing rapid bubble formation and imparting pressure waves upon the balloon wall adjacent to the treatment site (e.g. Par. [0284]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Papademetriou to include a balloon coupled to the catheter as taught by Grace in order to provide the predictable results of creating pressure waves in the balloon catheter to disrupt vascular obstructions (e.g. Grace, par. [0284]).
Regarding claim 10, Papademetriou fails to disclose a catheter shaft and a balloon that is coupled to the catheter shaft, the balloon including a balloon wall that defines a balloon interior, the balloon being configured to retain a balloon fluid within the balloon interior, the balloon being selectively inflatable with the balloon fluid to expand to an inflated state such that when the balloon is in the inflated state the balloon wall is configured to be positioned adjacent to the treatment site, the first light guide and the second light guide being positioned at least partially within the balloon interior.
Grace, in a similar field of endeavor, is directed towards a laser induced fluid filled balloon catheter. Grace discloses a catheter shaft and a balloon that is coupled to the catheter shaft, the balloon including a balloon wall that defines a balloon interior, the balloon being configured to retain a balloon fluid within the balloon interior (e.g. Fig. 2: balloon catheter can be seen with a balloon wall that defines a balloon interior; Fig. 5: step 540: inflate the balloon with liquid medium; Par. [0274]), the balloon being selectively inflatable with the balloon fluid to expand to an inflated state such that when the balloon is in the inflated state the balloon wall is configured to be positioned adjacent to the treatment site (e.g. Fig. 2: inflated balloon next to obstruction; Fig. 5: step 540: inflating the balloon with liquid medium); wherein the first light guide and the second light guide are positioned at least partially within the balloon interior (e.g. Pars. [0361] – [0362]: distal end of the catheter includes light emitters; Figs. 12, 12A: light emitters 115 located inside balloon).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Papademetriou to include a balloon coupled to the catheter as taught by Grace in order to provide the predictable results of creating pressure waves in the balloon catheter to disrupt vascular obstructions (e.g. Grace, par. [0284]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHREYA P ANJARIA whose telephone number is (571)272-9083. The examiner can normally be reached M-F: 8:00-5:00 EST.
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/SHREYA ANJARIA/Examiner, Art Unit 3796 /REX R HOLMES/Primary Examiner, Art Unit 3796
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