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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Examiner notes: currently, NO limitation invokes interpretation under § 112(f).
Claim Rejections - 35 USC § 102
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Examiner notes: for brevity, economy, and clarity of reading, select of the claims may be addressed jointly herein when instances of limitations with verbatim or near-verbatim similarity are recited in the body of differently numbered claims and/or when multiple different limitations are clearly addressed by a same/similar citation to/within a reference.
Claim(s) 1-16 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by May (US 20230240615 A1).
For claim 1, May teaches An apparatus, comprising: an intravascular guidewire [entire disclosure — see at least Fig(s). 1] comprising:
a flexible elongate member [102] configured to be positioned within a blood vessel of a patient,
wherein the flexible elongate member comprises a proximal portion, [109] a distal portion, [107]
wherein the distal portion of the flexible elongate member comprises a core wire; [106]
a sensor [112] disposed at the distal portion of the flexible elongate member,
wherein the sensor is configured to obtain medical data related to the blood vessel while the flexible elongate member is positioned within the blood vessel; [¶41]
a first conductive member [230] disposed at the distal portion of the flexible elongate member,
wherein the first conductive member is coupled to the sensor, [Fig(s). 1-2]
wherein the first conductive member comprises a first electrical trace disposed along the core wire; and a second conductive member disposed at the proximal portion of the flexible elongate member, wherein the second conductive member is coupled to the first conductive member such that the second conductive member is in electrical communication with the sensor. [Fig(s). 1-3 Fig(s). 14-15]
For claim 2, May teaches the apparatus of claim 1,
wherein the flexible elongate member further comprises a first layer of insulating material disposed over the core wire such that the insulating material is disposed between the core wire and the first electrical trace. [Fig(s). 3-4]
For claim 3, May teaches the apparatus of claim 1,
wherein the first electrical trace comprises a conductive ink trace printed directly on the first layer of insulating material. [¶¶68-74]
For claim 4, May teaches the apparatus of claim 2,
wherein the flexible elongate member further comprises a second layer of insulating material disposed over the first electrical trace. [multi-layer insulation in Fig(s). 3, 5, 12]
For claim 5, May teaches the apparatus of claim 4,
wherein, in a cross-section, a perimeter of the first electrical trace is completely surrounded by at least one of the first insulating material or the second insulating material. [multi-layer insulation in Fig(s). 3, 5, 12]
For claim 6, May teaches the apparatus of claim 4,
wherein the flexible elongate member further comprises a polymer coating disposed over the second insulating material. [coating 1250 in ¶78]
For claim 7, May teaches the apparatus of claim 6,
wherein the flexible elongate member further comprises a hydrophilic coating disposed over the polymer coating. [¶79]
For claim 8, May teaches the apparatus of claim 1,
wherein the first electrical trace is disposed along the core wire in a spiral pattern. [Fig(s). 1-2 Fig(s). 14]
For claim 9, May teaches the apparatus of claim 8,
wherein the first conductive member further comprises a second electrical trace disposed along the core wire in the spiral pattern, [Fig(s). 1-2 Fig(s). 14]
wherein the flexible elongate member further comprises an insulating material [315, 325, 335] disposed over the first electrical trace and the second electrical trace, wherein adjacent windings of the first electrical trace and the second electrical trace are spaced from one another by only the insulating material. [Fig(s). 3]
For claim 10, May teaches the apparatus of claim 8,
wherein the first conductive member further comprises a second electrical trace disposed along the core wire in the spiral pattern, [Fig(s). 1-2 Fig(s). 14]
wherein the flexible elongate member further comprises:
an insulating material [315, 325, 335] disposed over the first electrical trace and the second electrical trace;
and a polymer coating [340] disposed over the insulating material,
wherein adjacent windings of the first electrical trace and the second electrical trace are spaced from one another by the insulating material and the polymer coating. [Fig(s). 3]
For claim 11, May teaches the apparatus of claim 8,
wherein the first conductive member further comprises a second electrical trace disposed along the core wire in the spiral pattern, [second of 260 in Fig(s). 5]
wherein the flexible elongate member further comprises a polymer coating disposed over the first electrical trace and the second electrical trace, [¶79]
wherein first portions of the insulating material are aligned with adjacent windings of the first electrical trace, [there is a form of the claimed alignment (under BRI) in any/all of Fig(s). 3-6 Fig(s). 12]
wherein the adjacent windings of the first electrical trace are spaced from one another by a second portion of the insulating material, wherein the second portion of the insulating material directly contacts the core wire and the first portion of the insulating material does not directly contact the core wire. [Fig(s). 5]
For claim(s) 12, 14, May teaches the apparatus of claim 1,
wherein the first electrical trace comprises a conductive ink trace, [¶¶68-74]
wherein the intravascular guidewire further comprises a third conductive member [two traces in Fig(s). 14 but can be any number (thereby three as well) in ¶84] and at least one conductive pad, [either one or more of ground at 220 in ¶84 or contacts 1010 in ¶85]
wherein the first conductive member is coupled to the third conductive member via the at least one conductive pad, [Fig(s). 3 Fig(s). 14 ¶64 ¶84]
wherein the third conductive member is coupled to the at least one conductive pad, [Fig(s). 3 Fig(s). 14]
and wherein the conductive ink trace is printed onto the at least one conductive pad, [Fig(s). 3 Fig(s). 14]
wherein the third conductive member is directly coupled to the sensor. [Fig(s). 2]
For claim 13, May teaches the apparatus of claim 12,
wherein the first conductive member is disposed between the second conductive member and the third conductive member. [Fig(s). 3 Fig(s). 14]
For claim 15, May teaches the apparatus of claim 1,
wherein the sensor comprises at least one of a pressure sensor or a flow sensor. [¶41]
For claim 16, May teaches An apparatus, comprising:
an intravascular guidewire comprising:
a flexible elongate member [102] configured to be positioned within a blood vessel of a patient,
wherein the flexible elongate member comprises a proximal portion, [109] a distal portion, [107]
wherein the distal portion of the flexible elongate member comprises a distal core wire, [106]
and wherein the proximal portion of the flexible elongate member comprises a proximal core wire; [proximal of 106 (such as a proximal half or portion of 106)]
at least one of a pressure sensor or a flow sensor disposed at the distal portion of the flexible elongate member and configured to obtain at least one of pressure data or flow data related to the blood vessel while the flexible elongate member is positioned within the blood vessel; [¶41]
a first conductive member [230] disposed at the distal portion of the flexible elongate member,
wherein the first conductive member is coupled to at least one of the pressure sensor or the flow sensor, [Fig(s). 1]
wherein the first conductive member comprises a plurality of conductive ink traces disposed along the core wire; [¶¶68-74]
and a second conductive member disposed at the proximal portion of the flexible elongate member, [second wire in Fig(s). 3 or as shown with multiple traces in Fig(s). 14]
wherein the second conductive member is coupled to the first conductive member such that the second conductive member is in electrical communication with at least one of the pressure sensor or the flow sensor. [Fig(s). 1-2]
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENJAMIN S MELHUS whose telephone number is (571)272-5342. The examiner can normally be reached Monday - Friday | 9:00 AM - 5:00 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Chen can be reached on 571-272-3672. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/BENJAMIN S MELHUS/
Primary Examiner, Art Unit 3791
Prosecution Insights