CTNF 18/953,770 CTNF 86731 (DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Specification 07-29 AIA The disclosure is objected to because of the following informalities: paragraph 0001 needs to be updated to reflect the status of the copending applications. US Application Number 18/341,351 is not Patent No. 12,178,507 . Appropriate correction is required. Double Patenting 08-33 AIA The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg , 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman , 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi , 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum , 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel , 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington , 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA/25, or PTO/AIA/26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. 08-34 Claims 1, 3, 7, 12 and 18-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 8, 14 and 18 of U.S. Patent No. 11, 007,011. Although the claims at issue are not identical, they are not patentably distinct from each other as shown below. 18/953,770 US Patent No. 11, 007,011 1. A laser delivery device comprising : a fiber core that extends along a fiber axis and is configured to transmit a laser energy along the fiber axis; at least one cladding surrounding the fiber core ; a coating surrounding the fiber core ; and a braided liner surrounding the fiber core, wherein the braided liner comprises a polytetrafluoroethylene (PTFE) layer, a tungsten wire braided ultra-high molecular weight polyethylene layer, and a polyether block amide layer i . 1. A laser delivery device comprising : a fiber core that extends along a fiber axis, is configured to transmit a laser energy along the fiber axis , and terminates at a distal end of the fiber core; a first cladding that extends along the fiber axis , is adjacent to the fiber core , and terminates at a distal end of the first cladding; a coating that extends along the fiber axis and terminates at a distal end of the coating, wherein the coating is a gold, silver, copper, or brass coating; an outer jacket that extends along the fiber axis and terminates at a distal end of the outer jacket; a fiber tip; and a braided liner surrounding the outer jacket, wherein the braided liner comprises a PTFE inner layer, a tungsten wire braided ultra-high molecular weight polyethylene layer, and an outer Pebax® layer . 3. The laser delivery device of claim 1, wherein the laser delivery device has a bend diameter of 5 mm or less . ii 2. The laser delivery device of claim 1, wherein a bend radius of the laser delivery device is less than 8 mm . 7. The laser delivery device of claim 1, wherein the coating comprises gold, silver, copper, or brass . 8. The laser delivery device of claim 1, wherein the gold, silver, copper, or brass coating is approximately 1-10 μm thick. 9. The laser delivery device of claim 1, wherein the at least one cladding includes a first cladding and a second cladding , and wherein the coating is between the first cladding and the second cladding . 3. The laser delivery device of claim 1, further comprising a second cladding that surrounds a portion of the coating along the fiber axis and terminates at a distal end of the second cladding. 12. A laser delivery device comprising : a fiber core that extends along a fiber axis and is configured to transmit a laser energy along the fiber axis; and a braided liner surrounding the fiber core, wherein the braided liner comprises a polytetrafluoroethylene (PTFE) inner layer, a tungsten wire braided ultra-high molecular weight polyethylene layer, and an outer polyether block amide layer . 14. A laser delivery device, comprising : a connector portion at a proximal end of the laser delivery device; and an optical fiber connecting the connector portion to a distal end of the laser delivery device, wherein the optical fiber comprises: a fiber core that extends along a fiber axis , is configured to transmit a laser energy along the fiber axis , and terminates at a distal end of the fiber core; a first cladding that extends along the fiber axis, is adjacent to the fiber core, and terminates at a distal end of the first cladding; a coating that extends along the fiber axis and terminates at a distal end of the coating, wherein the coating is a gold, silver, copper, or brass coating; an outer jacket that extends along the fiber axis and terminates at a distal end of the outer jacket; a fiber tip; and a braided liner surrounding the outer jacket, wherein the braided liner comprises a PTFE inner layer, a tungsten wire braided ultra-high molecular weight polyethylene layer, and an outer Pebax® layer . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim s 2, 4, 5-6, 8, 10-11, 13-17 and 20 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. 13-03-01 AIA The following is a statement of reasons for the indication of allowable subject matter: independent claims 1, 12 and 18 each recite previously allowed subject matter which includes the braided liner surrounding the fiber core, the braided liner comprises a PTFE layer, a tungsten wire braided ultra-high molecular weight polyethylene layer and a polyether block amide layer. It is noted that a polyether block amide layer is considered to be Pebax®. It is known in the art that Pebax® is a polyether block amide . Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAULA J. STICE whose telephone number is (303)297-4352. The examiner can normally be reached Monday - Friday 7:30am -4pm MST. 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, Carl H Layno can be reached at 571-272-4949. 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. PAULA J. STICE Primary Examiner Art Unit 3796 /PAULA J STICE/Primary Examiner, Art Unit 3796 Application/Control Number: 18/953,770 Page 2 Art Unit: 3796 Application/Control Number: 18/953,770 Page 3 Art Unit: 3796 Application/Control Number: 18/953,770 Page 4 Art Unit: 3796 Application/Control Number: 18/953,770 Page 5 Art Unit: 3796 Application/Control Number: 18/953,770 Page 6 Art Unit: 3796 Application/Control Number: 18/953,770 Page 7 Art Unit: 3796 i Pebax® is known to be Poly(ether-block amide) which is also PEBA. ii The claim language of 18/953,770 is bend diameter of 5 mm or less which is 0-5mm. The claim language of US Patent No. 11,007,011 is 8mm or less which is 0-8mm, these would therefore include similar ranges.
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