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
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.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Giasolli (US 20180200491 A1).
Regarding claim 1, Giasolli discloses a balloon (20) for a balloon catheter, comprising:
a balloon body (body of 20) (Figure 14A; Paragraph 0099); and
a protruding part (300) formed on an outer surface of the balloon body and made of the same material as the balloon body (Paragraph 0169; 0221), and
the protruding part comprising a tip end portion (200) including an end point (upper surface of 200) in a radial direction of the protruding part, and a base portion (202) that is located between the tip end portion and the balloon body (Figure 25A-C; Paragraph 0169), the base portion having a surface roughness higher than a surface roughness of the tip end portion (the base includes reliefs 502, which create a rough textured surface in relation to the smooth upper tip) (Figure 25A-C; Paragraph 0194).
Claim(s) 4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shippy et al. (US 20070016278 A1).
Regarding claim 4, Shippy discloses a balloon (24) for a balloon catheter (20) comprising:
a balloon body (24) (Figure 1, 3; Paragraph 0023); and
a protruding part (36) formed on an outer surface of the balloon body and made of the same material as the balloon body (Figure 2, 5; Paragraph 0023; 0038), wherein
a surface roughness of an outer surface of the protruding part is lower than a surface roughness of the outer surface of the balloon body (surface of balloon including 32 and 34) (the surface of tapered regions 36 is smooth and uninterrupted while the surface of the rest of the balloon surface is lined with grooves, creating increased surface roughness) (Figure 5; Paragraph 0023).
Claim Rejections - 35 USC § 103
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Giasolli in view of Aggerholm et al. (US 20130261548 A1).
Regarding claim 2-3, Giasolli discloses the balloon for a balloon catheter according to claim 1, but fails to explicitly disclose wherein the surface roughness of an outer surface of the tip end portion is lower than a surface roughness of the outer surface of the balloon body, and wherein the surface roughness of an outer surface of the base portion is lower than a surface roughness of the outer surface of the balloon body as Giasolli is silent to the surface roughness of the outer surface of the balloon body.
However, Aggerholm is directed to a balloon and teaches a balloon (16) with roughened surfaces (40) (Paragraph 0038). When combined with Giasolli, the balloon body would be roughened such that the surface roughness of an outer surface of the tip end portion is lower than a surface roughness of the outer surface of the balloon body, since the upper tip is relatively smooth, and the surface roughness of an outer surface of the base portion is lower than a surface roughness of the outer surface of the balloon body, as the base portion is provided with grooves that are spaced apart further than the rough texture that would be provided on the balloon body.
A person of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Giasolli such that the balloon is provided with a rough surface, as taught by Aggerholm, as both references and the claimed invention are directed to medical balloons. It would be obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Giasolli with the teachings of Aggerholm by incorporating a balloon with a rough surface wherein the surface roughness of an outer surface of the tip end portion is lower than a surface roughness of the outer surface of the balloon body, and wherein the surface roughness of an outer surface of the base portion is lower than a surface roughness of the outer surface of the balloon body in order to enhance the positional stability of the balloon when in a patient (Aggerholm Paragraph 0064).
Conclusion
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/Z.J./Examiner, Art Unit 3771
/KATHERINE H SCHWIKER/Primary Examiner, Art Unit 3771