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 .
Claim Objections
Claim 39 is objected to because of the following informalities:
In claim 39, line 3, --is-- should be inserted before “contactable” and –and—should be inserted after “member”.
Appropriate correction is required.
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.
Claims 2,4,6,8,9,10,12,13,14,16,36,39,41 are 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.
In claim 2, line 4, “in particular” renders the claim indefinite, as the intended scope of the claim is unclear. For purposes of this action, the claim will be considered as positively reciting the limitations following “in particular”. Therefore, “in particular” should be removed from the claim.
In claim 4, line 4, “in particular” renders the claim indefinite, as the intended scope of the claim is unclear. For purposes of this action, the claim will be considered as positively reciting the limitations following “in particular”. Therefore, “in particular” should be removed from the claim.
In claim 6, line 8, “in particular” renders the claim indefinite, as the intended scope of the claim is unclear. For purposes of this action, the claim will be considered as positively reciting the limitations following “in particular”. Therefore, “in particular” should be removed from the claim.
In claim 10, line 4, “in particular” renders the claim indefinite, as the intended scope of the claim is unclear. For purposes of this action, the claim will be considered as positively reciting the limitations following “in particular”. Therefore, “in particular” should be removed from the claim.
In claim 16, lines 2-3, “in particular” renders the claim indefinite, as the intended scope of the claim is unclear. For purposes of this action, the claim will be considered as positively reciting the limitations following “in particular”. Therefore, “in particular” should be removed from the claim.
In claim 34, line 6, “the second recess” has no prior antecedent basis.
In claim 36, line 5, “in particular”, and lines 8/9 “more particularly” renders the claim indefinite, as the intended scope of the claim is unclear. For purposes of this action, the claim will be considered as positively reciting the limitations following “in particular” and “more particularly”. Therefore, “in particular” and “more particularly” should be removed from the claim.
In claim 39, line 3, “in particular” renders the claim indefinite, as the intended scope of the claim is unclear. For purposes of this action, the claim will be considered as positively reciting the limitations following “in particular”. Therefore, “in particular” should be removed from the claim.
In claim 41, line 30, “in particular” renders the claim indefinite, as the intended scope of the claim is unclear. For purposes of this action, the claim will be considered as positively reciting the limitations following “in particular”. Therefore, “in particular” should be removed from the claim.
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 1,10,12,13,14,16,22,23,28,29,34,41 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kimmelstiel 5325868.
With regard to claim 1, Kimmelstein discloses a gripper 40 (see fig. 3A) for gripping an elongated member of an endovascular system, wherein the gripper 40 comprises:
a first gripping component 48 configured to contact at least a first portion of a
said elongated member on a first side of said elongated member;
a second gripping component (46) configured to contact at least the first
portion of said elongated member on a second side of said elongated member,
wherein the first side is different from the second side;
a guide 41 configured to guide, during a movement of the second gripping
component, at least a first portion of the second gripping component 46; and
an actuating component 44 coupled to the second gripping component
46, wherein the second gripping component 46 is moveable between a first
position and a second position based on an actuating force provided to the
second gripping component 46 via the actuating component 44, and wherein at
least the first portion of the second gripping component 46 is guideable by the
guide 41 during movement of the second gripping component46 between the
first position and the second position (see description in columns 4 and 5);
wherein the first gripping component 48 is configured to stay stationary or
substantially stationary with respect to the guide 41,
wherein the second gripping component 46 comprises a first surface
opposite to a first surface of the first gripping component 48 (the surfaces face each other, see fig. 3B),
wherein, when the second gripping component 46 is in the first position,
said elongated member is grippable between the first surface of the first
gripping component 48 and the first surface of the second gripping component 46, and
wherein, when the second gripping component 46 is in the second
position, said elongated member is not grippable between the first surface of
the first gripping component 48 and the first surface of the second gripping
component 46. See figure 3B.
With regard to claim 10, note that the first surface of the second gripping component 46 comprises a protrusion 60 configured to contact at least the first portion of said elongated member on the second side of said elongated member, wherein the protrusion comprises a truncated V-shape. See figure 3B.
With regard to claim 12, note that the first surface of the first gripping component 48 comprises a first recess (see fig. 3B, note recess in component 48) configured to
accommodate at least the first portion of said elongated member on the first side
of said elongated member wherein at least the first portion of said elongated member is contactable, via the first surface of the first gripping component 48 on the first side of said elongated member and the first surface of the second gripping component 46 on the second side of said
elongated member, at two contact lines via the first recess and one contact line via the protrusion 60.
[AltContent: textbox (One contact line)]
[AltContent: arrow][AltContent: textbox (Three contact points form a triangle and appear to be 120 degrees apart)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Two contact lines)][AltContent: arrow]
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With regard to claim 13, note that the three contact lines (see above annotated figure) are each separated by 120°, and wherein the three contact lines are parallel to one another.
With regard to claim 14, note that the first surface of the first gripping component 48 comprises a first recess (see fig. 3B) configured to accommodate at
least the first portion of said elongated member on the first side of said elongated
member, wherein at least the first portion of said
elongated member is contactable, via the first surface of the first gripping
component 48 on the first side of said elongated member and the first surface of
the second gripping component 46 on the second side of said elongated member,
at two contact points via the first recess and one contact point via the protrusion
60, wherein the three contact points are each separated by 120°, and
wherein the three contact points span a triangle around a central longitudinal axis of said
elongated member. See annotated figure above.
With regard to claim 16, note that the actuating component 44 comprises a resilient member, in the form of a spring 50/52. It is further noted that all subsequent limitations in this claim are separated by the term “or”, therefore these limitations are not required by the claim.
With regard to claim 22, note that the gripper further comprises an assembly pin 70 (see fig. 3A) configured to couple the guide 41 and a component 42 external to the gripper to each other. It is further noted that all prior recited limitations in this claim are separated by the term “or”, therefore these limitations are not required by the claim.
With regard to claim 23, note that the elongated member is a guide wire. It is further noted that all prior/subsequent recited limitations in this claim are separated by the term “or”, therefore these limitations are not required by the claim.
With regard to claim 28, note that the gripper further comprises
an assembly pin 70 configured to couple the first gripping component 48 and a component 42 external to the gripper to each other. Since pin 70 couples the external component 42 to guide 41, it also couples it indirectly to first gripping component 48, since guide 41 and first gripping component are connected to each other. It is further noted that all prior/subsequent recited limitations in this claim are separated by the term “or”, therefore these limitations are not required by the claim.
With regard to claim 29, note that wherein the guide 41 is further configured to guide at least a portion of the actuating component 44 and/or at least a first portion of the first gripping
component 48. It is further noted that all prior/subsequent recited limitations in this claim are separated by the term “or”, therefore these limitations are not required by the claim.
With regard to claim 34, note that the first surface of the first gripping component 48 comprises a first recess (see fig. 3B) configured to accommodate at least the first portion of said elongated member on the first side of said elongated member wherein a movement of said elongated member is limitable by the first recess (see fig. 3B) and/or the second recess (not required by this claim) when the second gripping component 46 is in the second position.
With regard to claim 41, note that Kimmelstiel discloses an endovascular system comprising: a first endovascular instrument (fig. 3A) and a second endovascular instrument (catheter, see col. 4, lines 45-47) wherein the first endovascular instrument comprises a gripper 40 for gripping an elongated member of an endovascular system, wherein the gripper comprises:
a first gripping component 48 configured to contact at least a first portion
of a said elongated member on a first side of said elongated member;
a second gripping component 46 configured to contact at least the first portion of
said elongated member on a second side of said elongated member, wherein the first side is
different from the second side;
a guide 41 configured to guide, during a movement of the second gripping
component 46, at least a first portion of the second gripping component 46; and
an actuating component 44 coupled to the second gripping component 46, wherein
the second gripping component 46 is moveable between a first position and a second
position based on an actuating force provided to the second gripping component 46 via the
actuating component 44, and wherein at least the first portion of the second gripping
component 46 is guideable by the guide 41 during movement of the second gripping
component 46 between the first position and the second position;
wherein the first gripping component 48 is configured to stay stationary or
substantially stationary with respect to the guide 41,
wherein the second gripping component 46 comprises a first surface opposite
to a first surface of the first gripping component 48,
wherein, when the second gripping component 46 is in the first position, said
elongated member is grippable between the first surface of the first gripping component 48
and the first surface of the second gripping component 46, and
wherein, when the second gripping component 46 is in the second position,
said elongated member is not grippable between the first surface of the first gripping
component 48 and the first surface of the second gripping component 46,
wherein the system further comprises the elongated member 42,
wherein the elongated member 42 is a guide wire. It is further noted that all subsequent limitations in this claim are separated by the term “or”, therefore these limitations are not required by the claim.
Claims 1,2,4,6,8,9,16,23,29,34,41 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by McArthur et al 9770574.
With regard to claim 1, McArthur et al discloses a gripper 110 (see fig. 3A/3B) for gripping an elongated member 60 of an endovascular system, wherein the gripper 110 comprises:
a first gripping component 122 configured to contact at least a first portion of a
said elongated member 60 on a first side of said elongated member 60;
a second gripping component 140 configured to contact at least the first
portion of said elongated member 60 on a second side of said elongated member 60,
wherein the first side is different from the second side;
a guide 128 configured to guide, during a movement of the second gripping
component 140, at least a first portion of the second gripping component 140; and
an actuating component 150 coupled to the second gripping component
140, wherein the second gripping component 140 is moveable between a first
position and a second position based on an actuating force provided to the
second gripping component 140 via the actuating component 150, and wherein at
least the first portion of the second gripping component 140 is guideable by the
guide 128 during movement of the second gripping component 140 between the
first position and the second position (see description in columns 6 and 7);
wherein the first gripping component 122 is configured to stay stationary or
substantially stationary with respect to the guide 128,
wherein the second gripping component 140 comprises a first surface
opposite to a first surface of the first gripping component 122 (the surfaces face each other, see fig. 4B and 5B), wherein, when the second gripping component 140 is in the first position,
said elongated member is grippable between the first surface of the first
gripping component 122 and the first surface of the second gripping component 140, and
wherein, when the second gripping component 140 is in the second
position, said elongated member is not grippable between the first surface of
the first gripping component 122 and the first surface of the second gripping
component 140. See figures 3A and 3B.
With regard to claim 2, note that the first surface of the first gripping component-122 comprises a first recess 180 configured to accommodate at least the first portion of said elongated member 60 on the first side of said elongated member 60, wherein the first recess is V-shaped. See fig. 5B.
With regard to claim 4, note that the first surface of the second gripping component 144 comprises a second recess 190 configured to accommodate at least the first portion of said elongated
Member 60 on the second side of said elongated member 60, wherein the
second recess 190 is V-shaped. See fig. 5B
With regard to claims 6 and 8, note that the first surface of the first gripping component 122 comprises a first recess 180 configured to accommodate at least
the first portion of said elongated member on the first side of said elongated member,
wherein at least the first portion of said elongated member 60
is contactable, via the first surface of the first gripping component-122 on the first side of
said elongated member 60 and the first surface of the second gripping component 144 on
the second side of said elongated member 60 at four contact lines via the first and second
recesses 180/190, in particular wherein the four contact lines are each separated by 90°,
and wherein the four contact lines are parallel to one another. See below annotated figure.
[AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Contact line)][AltContent: textbox (Contact line)][AltContent: textbox (Contact line)][AltContent: textbox (Contact line)]
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With regard to claim 9, note that the four contact points are each separated by 90° (see above figure), and wherein the four contact points span a quadrilateral (note that the contact points form the corners of a square) around a central longitudinal axis of said elongated member 60.
With regard to claim 16, note that the actuating component 150 comprises a resilient member, in the form of a spring. See fig. 3A/3B. It is further noted that all subsequent limitations in this claim are separated by the term “or”, therefore these limitations are not required by the claim.
With regard to claim 23, note that the elongated member 60 is a guide wire. It is further noted that all prior/subsequent recited limitations in this claim are separated by the term “or”, therefore these limitations are not required by the claim.
With regard to claim 29, note that wherein the guide 128 is further configured to guide at least a portion of the actuating component 150. It is further noted that all prior/subsequent recited limitations in this claim are separated by the term “or”, therefore these limitations are not required by the claim.
With regard to claim 34, note that the first surface of the first gripping component 122 comprises a first recess (see fig. 5B) configured to accommodate at least the first portion of said elongated member 60 on the first side of said elongated member 60 wherein a movement of said elongated member 60 is limitable by the first recess (see fig. 5B) and/or the second recess when the second gripping component 144 is in the second position.
With regard to claim 41, note that McArthur et al discloses an endovascular system comprising: a first endovascular instrument 110 (fig. 3A/3B) and a second endovascular instrument (stent or pacemaker), see col. 2, lines 48-50) wherein the first endovascular instrument comprises a gripper 110 for gripping an elongated member 60 of an endovascular system, wherein the gripper 110 comprises:
a first gripping component 122 configured to contact at least a first portion
of a said elongated member 60 on a first side of said elongated member 60;
a second gripping component 140 configured to contact at least the first portion of
said elongated member 60 on a second side of said elongated member 60, wherein the first side is
different from the second side;
a guide 128 configured to guide, during a movement of the second gripping
component 140, at least a first portion of the second gripping component 140; and
an actuating component 150 coupled to the second gripping component 140, wherein
the second gripping component 140 is moveable between a first position and a second
position based on an actuating force provided to the second gripping component 140 via the
actuating component 150, and wherein at least the first portion of the second gripping
component 140 is guideable by the guide 128 during movement of the second gripping
component 140 between the first position and the second position;
wherein the first gripping component 122 is configured to stay stationary or
substantially stationary with respect to the guide 128,
wherein the second gripping component 140 comprises a first surface opposite
to a first surface of the first gripping component 122,
wherein, when the second gripping component 140 is in the first position, said
elongated member 60 is grippable between the first surface of the first gripping component 122
and the first surface of the second gripping component 140, and
wherein, when the second gripping component 140 is in the second position,
said elongated member 60 is not grippable between the first surface of the first gripping
component 122 and the first surface of the second gripping component 140,
wherein the system further comprises the elongated member 60,
wherein the elongated member 60 is a guide wire. It is further noted that all subsequent limitations in this claim are separated by the term “or”, therefore these limitations are not required by the claim.
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.
Claim 35 is rejected under 35 U.S.C. 103 as being unpatentable over Kimmelstiel 5325868 in view of Carmody 20040039372.
With regard to claim 35, Kimmelstiel does not disclose that the first gripping component comprises a metallic portion, wherein at least a portion of the metallic portion is configured to contact at least the first portion of said elongated member, wherein the metallic portion
comprises 7075-t6 aluminum.
Carmody discloses a gripping device 32 which contacts an elongated member (see fig. 9). Carmody discloses that the device may be formed of a metal material. See paragraph 55.
It would have been obvious to one skilled in the art to form the first gripping component of Kimmelstiel out of 7075-t6 aluminum, in view of the teaching of Carmody that an archwire gripping device may be formed of a metallic material.
Claim 35 is rejected under 35 U.S.C. 103 as being unpatentable over McArthur et al 9770574 in view of Carmody 20040039372.
With regard to claim 35, MacArthur et al does not disclose that the first gripping component comprises a metallic portion, wherein at least a portion of the metallic portion is configured to contact at least the first portion of said elongated member, wherein the metallic portion
comprises 7075-t6 aluminum.
Carmody discloses a gripping device 32 which contacts an elongated member (see fig. 9). Carmody discloses that the device may be formed of a metal material. See paragraph 55.
It would have been obvious to one skilled in the art to form the first gripping component of McArthur et al out of 7075-t6 aluminum, in view of the teaching of Carmody that an archwire gripping device may be formed of a metallic material.
Claim 39 is rejected under 35 U.S.C. 103 as being unpatentable over Kimmelstiel 5325868 in view of Sos 20160213889.
With regard to claim 39, while Kimmelstiel discloses wherein at least a portion of the first and/or second gripping component is contactable with the elongated member, Kimmelstiel does not disclose at least a portion of the first and/or second gripping component comprises a coating layer, in
wherein the coating layer comprises one or more of: a rubber; a textile; a fabric; a polymer layer; a non-polymer layer; a paint layer; and a composite.
Sox discloses a guidewire gripping device which has first and second gripping components, at least a portion of which comprises a coating layer, the coating comprising a polymer layer. See paragraph 7 which discloses that the coating may be silicone.
It would have been obvious to one skilled in the art to include a silicone coating layer with the first and/or second gripping component of Kimmelstiel, in view of the teaching of Sos that an guidewire gripping device may include a coating layer of silicone.
Claim 39 is rejected under 35 U.S.C. 103 as being unpatentable over McArthur et al 9770574 in view of Sos 20160213889.
With regard to claim 39, while McArthur et al discloses wherein at least a portion of the first and/or second gripping component is contactable with the elongated member, McArthur et al does not disclose at least a portion of the first and/or second gripping component comprises a coating layer, in
wherein the coating layer comprises one or more of: a rubber; a textile; a fabric; a polymer layer; a non-polymer layer; a paint layer; and a composite.
Sos discloses a guidewire gripping device which has first and second gripping components, at least a portion of which comprises a coating layer, the coating comprising a polymer layer. See paragraph 7 which discloses that the coating may be silicone.
It would have been obvious to one skilled in the art to include a silicone coating layer with the first and/or second gripping component of McArthur et al, in view of the teaching of Sos that an guidewire gripping device may include a coating layer of silicone.
Allowable Subject Matter
Claim 36 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS D LUCCHESI whose telephone number is (571)272-4977. The examiner can normally be reached M-F 800-430.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eric Rosen can be reached at 571-270-7855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NICHOLAS D LUCCHESI/Primary Examiner, Art Unit 3772
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