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 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 1-4,6,7,8,13,14,16-18,23,24,26-30 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Slepian 5575815.
With regard to claims 1,13,23,26,27, Slepian discloses a medical apparatus for treating a lesion, comprising: a shaft 45 (see fig. 2c); a first inflatable balloon 50 supported by the shaft; a second inflatable balloon 52 supported by the shaft, a longitudinal position of the second inflatable 52 balloon being adjustable relative to the first inflatable balloon 50 (see col. 12, lines 22-23 which describes how shafts 46 and 44 that comprise shaft 45 are telecscopic) ; and a third inflatable balloon 54 supported by the shaft 45 between the first inflatable balloon 50 and the second inflatable balloon 52.
With regard to claim 2,13,23 note that shaft 45 comprises an outer shaft 44 supporting the first inflatable balloon 50 and an inner shaft 46 supporting the second inflatable balloon 52.
With regard to claims 3,13,26 note that inner shaft 45 further supports the third inflatable balloon 54. See fig. 2C.
With regard to claims 4,14,24, note that the inner shaft 45 comprises a first port proximal 56 of the third inflatable balloon 54 and a second port 56 distal of the third inflatable balloon 54. See fig. 2C.
With regard to claims 6,16,28 note that the outer shaft 44 comprises a first inflation port (inherently within the first balloon) for the first inflatable balloon 50, and the inner shaft 46 comprises a second inflation port (inherently within the second inflatable balloon) for the second inflatable balloon 52 and a third inflation port (inherently within the third inflatable balloon) for the third inflatable balloon 54.
With regard to claims 7,17,29, note that a proximal end of the shaft 45 comprises an infusion port (this is inherent) for communicating with at least one opening 56 in the shaft between the first inflatable balloon 50 and the third inflatable balloon 54.
With regard to claims 8,18,30 note that the third balloon 54 is elongated with a barrel section for compacting the lesion when inflated (non-compliant) with tapered end sections connected to the shaft. See fig. 2C. Also, note that the first 50 and second 52 inflatable balloons are generally spherical.
With further regard to claim 30, note that balloon 54 can be called the “first” balloon supported by the inner portion 46 of the shaft, and balloon 52 can be called the “second” balloon supported by the inner portion 46 of the shaft. It is also noted that the first balloon 54 is non-compliant since it is the balloon used to compact a lesion, and “second” balloon 52 is compliant since it is used to occlude during a procedure.
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Claims 23 and 25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wells et al 20210106339.
With regard to claim 23, Wells et al discloses a medical apparatus for treating a lesion, comprising: a shaft 102 (see fig. 2C) including telescoping inner 114 and outer 110 portions; a first inflatable balloon 105 supported by the inner portion 114 of the shaft; and a second inflatable balloon 107 supported by the inner portion 114 of the shaft.
With regard to claim 25, note that Wells et al discloses that outer portion 110 of the shaft may comprise a retainer for retaining the outer portion 110 of the shaft relative to the inner portion 114 of the shaft. See paragraph 75 which discloses how the shaft portions may be locked by a locking mechanism at one end.
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.
Claims 5 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Slepian 5575815 in view of Wells et al 20210106339.
With regard to claims 5 and 15, Slepian does not disclose that that outer portion of the shaft comprises a retainer for retaining the outer portion of the shaft relative to the inner portion of the shaft.
Wells et al discloses a balloon catheter wherein the outer portion 110 of the shaft may comprise a retainer for retaining the outer portion 110 of the shaft relative to the inner portion 114 of the shaft. See paragraph 75 which discloses how the shaft portions may be locked by a locking mechanism at one end.
It would have been obvious to one skilled in the art to include a retainer for retaining the outer portion of the shaft relative to the inner portion of the shaft, with the balloon catheter of Slepian, in view of the teaching of Wells et al that a balloon catheter may include a retainer for retaining inner and outer portions relative to each other.
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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/NICHOLAS D LUCCHESI/Primary Examiner, Art Unit 3772
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