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 2 is objected to because of the following informalities: in line 1, "first inner spool" should read --the first inner spool--. Appropriate correction is required.
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.
(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.
Claims 1-6 are rejected under 35 U.S.C. 102(a)(1) and (2) as being anticipated by Kien et al. (US 2022/0331559, hereinafter “Kien”).
In regards to claim 1, Kien discloses a catheter system (abstract) comprising:
a steering catheter having a wall and a first lumen formed within the wall (Figs. 14 and 35);
a first steering cable extending through the first lumen along a length of the wall of the steering catheter toward a distal end portion of the steering catheter, the first steering cable being coupled to the distal end portion of the steering catheter (elements 14, 16, 18, 20; pars. 0093-0094); and
a steering assembly (e.g., Fig. 14) including a first spool assembly (Figs. 2), the first spool assembly including a first outer spool (Fig. 2, element 24), a first inner spool received at least partially within a recess of the first outer spool (Figs. 1 and 2, element 26; elements 24 and 26 are received within toothed faces/recesses of each other), and a spool shaft (longitudinal shaft of element 34) having a first end portion received at least partially within, and passing through, a recess of the first inner spool (distal portion of element 34 passing through element 26),
wherein the first end portion of the spool shaft and the recess of the first inner spool are each shaped so that rotation of the spool shaft about a longitudinal axis thereof transmits torque to the first inner spool to cause rotation of the first inner spool about the longitudinal axis of the spool shaft (the distal portion of element 34 is shaped to engage the inner spool 26 via lock ring 66, and the teeth (“recesses”) of element 26 are shaped to engage element 24 such that rotation of the spool shaft transmits torque to element 26 and causes rotation around the longitudinal axis of element 34);
wherein the first inner spool includes a spline section forming a plurality of splines (the teeth of element 26 is a spline section forming a plurality of splines), and the recess of the first outer spool has a shape that is complementary to the plurality of splines (Fig. 1; the splines/teeth of element 26 complement the splines/teeth of element 24), such that when the first inner spool is received at least partially within the recess of the first outer spool, the plurality of splines engage the complementary shape of the recess of the first outer spool to prevent rotation of the first inner spool relative to the first outer spool about the longitudinal axis of the spool shaft (Figs. 1 and 2; when locking ring 66 is engaged, elements 24 and 26 are prevented from rotating with respect to each other); and
wherein the first steering cable is fixed to the first outer spool and configured to be wound around the first spool assembly upon rotation of the first outer spool about the longitudinal axis (e.g., Fig. 14).
In regards to claim 2, the first inner spool is configured to be received within the first outer spool in any one of a plurality of unique relative rotational positions, so that the first steering cable is configured to have a first amount of pretension in a first one of the plurality of unique relative rotational positions and a second amount of pretension in a second one of the plurality of unique relative rotational positions, the first amount of pretension being different than the second amount of pretension (par. 0035, "the present invention facilitates achievement of a proper tension in the steering wire to eliminate backlash or slag by allowing fine adjustment at each wheel after the wire has been attached"; par. 0105).
In regards to claim 3, the steering assembly includes a base (Fig. 14, element 22, “actuating assembly body”), the spool shaft has a central portion received within the base (Fig. 14, distal portion of element 34 is received within body 22), and the first spool assembly is positioned on a first surface of the base (Fig. 14, positioned on left side surface of body 22).
In regards to claim 4, the steering assembly includes a second spool assembly positioned on a second surface of the base opposite the first surface of the base (Fig. 14; assembly including elements 28 and 30 is positioned on the second, right side surface of body 22).
In regards to claim 5, the second spool assembly includes a second outer spool (Fig. 14, element 30), and a second inner spool (element 28) received at least partially within a recess of the second outer spool (elements 28 and 30 are received within toothed faces/recesses of each other.
In regards to claim 6, the first inner spool is identical to the second inner spool, and the first outer spool is identical to the second outer spool (Fig. 14, spools 24 and 26 are arranged in mirror image to the spools 28 and 30).
Allowable Subject Matter
Claims 7-20 are allowed for the same reasons set forth in the previous Office action.
Response to Arguments
Applicant’s arguments with respect to claims 1-6 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Claims 1-6 are rejected in view of a new interpretation of Kien, necessitated by amendment.
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 MICHAEL W KAHELIN whose telephone number is (571)272-8688. The examiner can normally be reached M-F, 8-5.
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, Benjamin Klein can be reached at (571)270-5213. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL W KAHELIN/Primary Examiner, Art Unit 3792
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