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.
No claim limitation has been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Objections
Claims 2, 7, 10, 12, 17, and 20 are objected to because of the following informalities:
Claims 2 and 12 recite the limitation “a the first conductor comprising a first electrically-conductive wire extending respectively through the hollow tubular portion and connected at a proximal end thereof to the first circumferential conductor and at a distal end thereof to a the surface of the controllably bendable tip on the first side thereof tip; and a the second conductor comprising a second electrically-conductive wire extending respectively through the hollow tubular portion and connected at a proximal end thereof to the second circumferential conductor and at a distal end thereof to a the surface of the controllably bendable tip end on the second side thereof”, which it appears should instead recite “the first conductor comprising a first electrically-conductive wire extending respectively through the hollow tubular portion and connected at a proximal end thereof to the first circumferential conductor and at a distal end thereof to the surface of the controllably bendable tip on the first side thereof; and the second conductor comprising a second electrically-conductive wire extending respectively through the hollow tubular portion and connected at a proximal end thereof to the second circumferential conductor and at a distal end thereof to the surface of the controllably bendable tip end on the second side thereof”.
Claims 7 and 17 recite the limitation “the hollow tubular intermediate portion services as a first conductor, while the core is services as a second conductor”, which it appears should instead recite “the hollow tubular intermediate portion serves as a first conductor, while the core serves as a second conductor”.
Claims 10 and 20 recite the limitation “the power supply connector further comprises a second terminal, the first terminal including a first convex portion and the second terminal including a second convex portion, the first and second convex portion spaced from one another the same the same distance that the first circumferential conductor and the second circumferential conductor are spaced from one another in an axial direction of the proximal electrical connection portion”, which it appears should instead recite “the power supply connector further comprises a second terminal, the first terminal including a first convex portion and the second terminal including a second convex portion, the first and second convex portion spaced from one another the same distance that the first circumferential conductor and the second circumferential conductor are spaced from one another in an axial direction of the proximal electrical connection portion”
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 11-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Claim 11 recites the limitations “a third conductor, wherein the first conductor and the second conductor are disposed between the third conductor and the hollow tubular intermediate portion” in lines 15-17 and “a connection contact contactable with the third conductor” in line 26, which is not described in the specification in a way that enables one skilled in the art to make or use the invention. There does not appear to be any description of a “third conductor” or something analogous thereto. Moreover, there is no description of the first and second circumferential conductors (understood as tubular terminals 80 and 82 as described in the specification) that are disposed between the hollow tubular intermediate portion (understood as tubular portion 60 as described in the specification) and the third conductor, or a power supply connector (understood as power supply connector 21 as described in the specification) comprising a connection contact contactable with the third conductor. As such, one skilled in the art would not understand how to make or use the invention as claimed.
Claims 12-20 are rejected based on their dependence from claim 11.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2, 5, 7, and 11-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 2 and 12 recite the limitation "the controllably bendable tip" in line 5. There is insufficient antecedent basis for this limitation in the claims.
Claims 5 and 15 recite the limitation "the thicknesses" in line 1. There is insufficient antecedent basis for this limitation in the claims.
Claims 7 and 17 recite the limitation “the hollow tubular intermediate portion services as a first conductor, while the core is services as a second conductor” in lines 1-2. It is unclear if the recited “first” and “second” conductors refer to the same elements as the “first conductor” and “second conductor” previously recited in claims 1 and 11, or separate and additional elements.
Claim 11 recites the limitation “a third conductor, wherein the first conductor and the second conductor are disposed between the third conductor and the hollow tubular intermediate portion” in lines 15-17. There is insufficient antecedent basis for these limitations in the claims. Moreover, it is unclear if these limitations are meant to refer to “the first circumferential conductor” and the “second circumferential conductor” (see lines 10-11) previously recited in the claim, or “the first conductor” and “the second conductor” (see lines 27-31) recited later in the claim.
Claims 12-20 are also rejected based on their dependence from claim 11.
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) 1-3 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over McCoy (US Patent No. 4,944,727), further in view of Vanney et al. (US Patent No. 9,364,640 B2).
Regarding claim 1, McCoy discloses a catheter comprising:
a hollow sheath (324) (see col. 12, lines 41-50 – “Guide wire 314 is desirably a coil made of TEFLON-coated 304 stainless steel spring material. Guide wire 314 includes a proximal portion 320 disposed in base 324 and a distal portion 322 to provide an assembly for steering and aiming the base 324. It will be understood that base 324 can be configured to provide a catheter, cannula, or the like for receiving guide wire 314 or that guide wire 314 can function in accordance with the present invention on its own as a catheter independent of any such base means”);
a guidewire (314) extendable through the hollow sheath, the guidewire comprising:
a controllably bendable distal portion (322) having at least a first side and a second side opposed to the first side (see Figures 15-21 and col. 12, lines 41-50 – “Guide wire 314 is desirably a coil made of TEFLON-coated 304 stainless steel spring material. Guide wire 314 includes a proximal portion 320 disposed in base 324 and a distal portion 322 to provide an assembly for steering and aiming the base 324. It will be understood that base 324 can be configured to provide a catheter, cannula, or the like for receiving guide wire 314 or that guide wire 314 can function in accordance with the present invention on its own as a catheter independent of any such base means”);
a hollow tubular intermediate portion (320) connected to the distal portion (see Figures 15-21 and col. 12, lines 41-50 – “Guide wire 314 is desirably a coil made of TEFLON-coated 304 stainless steel spring material. Guide wire 314 includes a proximal portion 320 disposed in base 324 and a distal portion 322 to provide an assembly for steering and aiming the base 324. It will be understood that base 324 can be configured to provide a catheter, cannula, or the like for receiving guide wire 314 or that guide wire 314 can function in accordance with the present invention on its own as a catheter independent of any such base means”);
a proximal electrical connection portion (340) connected to the hollow tubular portion, the proximal electrical connection portion further comprising at least a first circumferential conductor (336) and a second circumferential conductor (342), that are spaced from one another in an axial direction of the proximal electrical connection portion, and each having a circumferential electrically conductive surface extending both around the proximal electrical connection portion and in the axial direction of the proximal electrical connection portion (see Figure 16 and col. 13, lines 4-9 – “The electrical system includes a power supply 334, first lead means 336 for electrically connecting one terminal of the power supply 334 to lead-attachment portion 316b, and second lead means 338 for electrically connecting another terminal of power supply 334 to lead-attachment portion 316a”);
at least a core (310) extending through the hollow tubular portion and having a proximal end (316b) and a distal end (316a), the proximal end thereof connected to the proximal electrical connection portion and the distal end thereof connected to a surface of a tip end (326) of the distal portion (see Figures 15-21 and col. 12, lines 33-40 – “Memory element 310 is desirably made of a shape-memory alloy such as nitinol and configured to include a pair of lead-attachment portions 316a,b and a shape-memory portion 318. Reference is hereby-made to U.S. Pat. No. 4,777,779, entitled "Memory Element" and file concurrently herewith, for a description of the construction, function, and operation of portions 316 and 318”);
a power supply connector (334) comprising a first terminal, wherein the electrical connection portion is received in the power supply connector and the first terminal contacts the first circumferential conductor of the proximal electrical connection portion (see col. 13, lines 4-9 – “The electrical system includes a power supply 334, first lead means 336 for electrically connecting one terminal of the power supply 334 to lead-attachment portion 316b, and second lead means 338 for electrically connecting another terminal of power supply 334 to lead-attachment portion 316a”).
It is noted McCoy does not specifically teach a first conductor extending from electrical connection to the first circumferential conductor to electrically connect to the first side of the controllably bendable distal portion and a second conductor extending from electrical connection with the second circumferential conductor to electrically connect to the second side of the controllably bendable portion. However, Vanney et al. teaches a first conductor (741) extending from electrical connection to the first circumferential conductor (1041) to electrically connect to the first side of the controllably bendable distal portion and a second conductor (742) extending from electrical connection with the second circumferential conductor (1042) to electrically connect to the second side of the controllably bendable portion (see Figures 4 and 10 and col. 8, lines 23-28 – “ In this regard, sensor leads 721, 722 are conductively connected to wire cable 74 at connection nodes 801, 802. As shown, sensor lead 721 may be conductively connected (i.e., electrically connected) to first wire 741 at connection node 801, and sensor lead 722 may be conductively connected to second wire 742 at connection node 802”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the catheter of McCoy to include a first conductor extending from electrical connection to the first circumferential conductor to electrically connect to the first side of the controllably bendable distal portion and a second conductor extending from electrical connection with the second circumferential conductor to electrically connect to the second side of the controllably bendable portion, as disclosed in Vanney et al., so as to electrically isolate the core from the other electrically active components at the distal end of the guidewire (see Vanney et al.: col. 8, lines 29-31).
Regarding claim 2, Vanney et al. teaches a the first conductor comprising a first electrically-conductive wire extending respectively through the hollow tubular portion and connected at a proximal end thereof to the first circumferential conductor and at a distal end thereof to a the surface of the controllably bendable tip on the first side thereof tip; and a the second conductor comprising a second electrically-conductive wire extending respectively through the hollow tubular portion and connected at a proximal end thereof to the second circumferential conductor and at a distal end thereof to a the surface of the controllably bendable tip end on the second side thereof (see Figures 4 and 10 and col. 8, lines 23-28 – “ In this regard, sensor leads 721, 722 are conductively connected to wire cable 74 at connection nodes 801, 802. As shown, sensor lead 721 may be conductively connected (i.e., electrically connected) to first wire 741 at connection node 801, and sensor lead 722 may be conductively connected to second wire 742 at connection node 802”).
Regarding claim 3, McCoy teaches the tip end of the guidewire is pre-bent (see col. 15, lines 5-7 – “Also, guide wire 314 is preformed to have a bent shape at its distal end, one example of which is illustrated in FIG. 20”).
Regarding claim 8, McCoy teaches the core further comprises a coil tube surrounding at least a portion of the distal end thereof (see Figures 15-21 and col. 12, lines 41-42 – “Guide wire 314 is desirably a coil made of TEFLON-coated 304 stainless steel spring material”).
Claim(s) 11-13 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over McCoy, further in view of Vanney et al. and Burkett (US Patent No. 9,878,142 B2).
Regarding claim 11 as best understood, McCoy discloses a catheter comprising:
a hollow sheath (324) (see col. 12, lines 41-50 – “Guide wire 314 is desirably a coil made of TEFLON-coated 304 stainless steel spring material. Guide wire 314 includes a proximal portion 320 disposed in base 324 and a distal portion 322 to provide an assembly for steering and aiming the base 324. It will be understood that base 324 can be configured to provide a catheter, cannula, or the like for receiving guide wire 314 or that guide wire 314 can function in accordance with the present invention on its own as a catheter independent of any such base means”);
a guidewire (314) extendable through the hollow sheath, the guidewire comprising:
a controllably bendable distal portion (322) having at least a first side and a second side opposed to the first side (see Figures 15-21 and col. 12, lines 41-50 – “Guide wire 314 is desirably a coil made of TEFLON-coated 304 stainless steel spring material. Guide wire 314 includes a proximal portion 320 disposed in base 324 and a distal portion 322 to provide an assembly for steering and aiming the base 324. It will be understood that base 324 can be configured to provide a catheter, cannula, or the like for receiving guide wire 314 or that guide wire 314 can function in accordance with the present invention on its own as a catheter independent of any such base means”);
a hollow tubular intermediate portion (320) connected to the distal portion (see Figures 15-21 and col. 12, lines 41-50 – “Guide wire 314 is desirably a coil made of TEFLON-coated 304 stainless steel spring material. Guide wire 314 includes a proximal portion 320 disposed in base 324 and a distal portion 322 to provide an assembly for steering and aiming the base 324. It will be understood that base 324 can be configured to provide a catheter, cannula, or the like for receiving guide wire 314 or that guide wire 314 can function in accordance with the present invention on its own as a catheter independent of any such base means”);
a proximal electrical connection portion (340) connected to the hollow tubular portion, the proximal electrical connection portion further comprising;
at least a first circumferential conductor and a second circumferential conductor, that are spaced from one another in an axial direction of the proximal electrical connection portion, each having a circumferential electrically conductive surface extending in the axial direction (see Figure 16 and col. 13, lines 4-9 – “The electrical system includes a power supply 334, first lead means 336 for electrically connecting one terminal of the power supply 334 to lead-attachment portion 316b, and second lead means 338 for electrically connecting another terminal of power supply 334 to lead-attachment portion 316a”); and
at least a core (310) extending through the hollow tubular portion and having a proximal end (316b) and the hollow tubular portion comprising a proximal end and a distal end, the proximal end thereof connected to the proximal electrical connection portion and the distal end thereof connected to a surface of a tip end (326) of the distal portion (see Figures 15-21 and col. 12, lines 33-40 – “Memory element 310 is desirably made of a shape-memory alloy such as nitinol and configured to include a pair of lead-attachment portions 316a,b and a shape-memory portion 318. Reference is hereby-made to U.S. Pat. No. 4,777,779, entitled "Memory Element" and file concurrently herewith, for a description of the construction, function, and operation of portions 316 and 318”);
a power supply connector (334) comprising a first terminal, wherein the electrical connection portion is received in the power supply connector and the first terminal contacts the first circumferential conductor of the proximal electrical connection portion and a connection contact contactable with the third conductor (see col. 13, lines 4-9 – “The electrical system includes a power supply 334, first lead means 336 for electrically connecting one terminal of the power supply 334 to lead-attachment portion 316b, and second lead means 338 for electrically connecting another terminal of power supply 334 to lead-attachment portion 316a”).
It is noted McCoy does not specifically teach a first conductor extending from electrical connection to the first circumferential conductor to electrically connect to the first side of the controllably bendable distal portion and a second conductor extending from electrical connection with the second circumferential conductor to electrically connect to the second side of the controllably bendable portion or a third conductor, wherein the first conductor and the second conductor are disposed between the third conductor and the hollow tubular intermediate portion.
However, Vanney et al. teaches a first conductor (741) extending from electrical connection to the first circumferential conductor (1041) to electrically connect to the first side of the controllably bendable distal portion and a second conductor (742) extending from electrical connection with the second circumferential conductor (1042) to electrically connect to the second side of the controllably bendable portion (see Figures 4 and 10 and col. 8, lines 23-28 – “ In this regard, sensor leads 721, 722 are conductively connected to wire cable 74 at connection nodes 801, 802. As shown, sensor lead 721 may be conductively connected (i.e., electrically connected) to first wire 741 at connection node 801, and sensor lead 722 may be conductively connected to second wire 742 at connection node 802”). Burkett teaches a third conductor (256, 258, 260, 396, 398, 400), wherein the first conductor (256, 258, 260, 396, 398, 400) and the second conductor (256, 258, 260, 396, 398, 400) are disposed between the third conductor and the hollow tubular intermediate portion (252, 410) (see Figures 13-19 and 35 and co. 15, line 65-col. 16, line 11 – “Referring initially to FIG. 13, a tubular member 252 is positioned around a core 254 and a plurality of conductors 256, 258, and 260. As shown, the core 254 and the plurality of conductors 256, 258, and 260 extend proximally (to the right as viewed in FIG. 13) beyond the end of the tubular member 252. To facilitate easier illustration of the assembly steps, the core 254 is illustrated in phantom. In that regard, it is understood that in some instances the conductors 256, 258, and 260 are positioned around and run longitudinally along the core 254. In some embodiments, the conductors 256, 258, and 260 are wrapped (e.g., helically, spiral, weaved, or otherwise) around the core 254. In some embodiments, the conductors 256, 258, and 260 extend parallel to the core 254 and parallel to one another” and col. 33, lines 44-53 – “One or more of conductors 396, 398, 400 may extend longitudinally between the sleeve and conductive members 402. One or more of conductors 396, 398, 400 may be advanced (e.g., radially outward) to a position adjacent to conductive band 402. In that regard, proximal portion 392 includes a plurality of conductive bands 402 spaced apart from each other by insulating members 404. Insulating members 404 may be formed of a polymer or polymide material. Conductors 396, 398, 400 may be electrically coupled to one or more conductive bands 402”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the catheter of McCoy to include a first conductor extending from electrical connection to the first circumferential conductor to electrically connect to the first side of the controllably bendable distal portion and a second conductor extending from electrical connection with the second circumferential conductor to electrically connect to the second side of the controllably bendable portion, as disclosed in Vanney et al., so as to electrically isolate the core from the other electrically active components at the distal end of the guidewire (see Vanney et al.: col. 8, lines 29-31).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the catheter of McCoy to include a third conductor, wherein the first conductor and the second conductor are disposed between the third conductor and the hollow tubular intermediate portion, as disclosed in Burkett, so as to provide improved connectors and connector portions for use with intravascular devices (e.g. catheters and guidewires) that include one or more electronic components (see Burkett: col. 2, lines 13-16).
Regarding claim 12, Vanney et al. teaches a the first conductor comprising a first electrically-conductive wire extending respectively through the hollow tubular portion and connected at a proximal end thereof to the first circumferential conductor and at a distal end thereof to a the surface of the controllably bendable tip on the first side thereof tip; and a the second conductor comprising a second electrically-conductive wire extending respectively through the hollow tubular portion and connected at a proximal end thereof to the second circumferential conductor and at a distal end thereof to a the surface of the controllably bendable tip end on the second side thereof (see Figures 4 and 10 and col. 8, lines 23-28 – “ In this regard, sensor leads 721, 722 are conductively connected to wire cable 74 at connection nodes 801, 802. As shown, sensor lead 721 may be conductively connected (i.e., electrically connected) to first wire 741 at connection node 801, and sensor lead 722 may be conductively connected to second wire 742 at connection node 802”).
Regarding claim 13, McCoy teaches the tip end of the guidewire is pre-bent (see col. 15, lines 5-7 – “Also, guide wire 314 is preformed to have a bent shape at its distal end, one example of which is illustrated in FIG. 20”).
Regarding claim 18, McCoy teaches the core further comprises a coil tube surrounding at least a portion of the distal end thereof (see Figures 15-21 and col. 12, lines 41-42 – “Guide wire 314 is desirably a coil made of TEFLON-coated 304 stainless steel spring material”).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over McCoy and Vanney et al., further in view of Christian (US Patent No. 5,178,159).
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over McCoy, Vanney et al., and Burkett, further in view of Christian (US Patent No. 5,178,159).
Regarding claims 7 and 17, it is noted McCoy does not specifically teach the hollow tubular intermediate portion services as a first conductor, while the core is services as a second conductor. However, Christian teaches the hollow tubular intermediate portion services as a first conductor, while the core is services as a second conductor (see Figure 1 and col. 4, lines 8-15 – “The first conductor 16 is connected to the distal extremity of the core wire 28 by a solder joint 36. The second conductor 17 extends through the insulating sleeve 29 and over the core wire 28 and is connected to the conductive band 32 at a solder joint 37. Thus it can be seen that the conductive core wire 28 serves as one conductor and the conductive band 32 serves as the other conductor”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the catheter of McCoy, Vanney et al., and Burkett to include the hollow tubular intermediate portion services as a first conductor, while the core is services as a second conductor, as disclosed in Christian so as to provide a guidewire assembly and in particular male and female connectors that are of a micro-miniature size and make it possible to provide connectors with more than one conductor and which are still capable of being produced in a size which is 0.018 inches in diameter or less (see Christian: col. 6, lines 1-7).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over McCoy and Vanney et al., further in view of Frisbie et al. (US Patent No. 5,517,989).
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over McCoy, Vanney et al., and Burkett, further in view of Frisbie et al. (US Patent No. 5,517,989).
Regarding claims 9 and 19, it is noted McCoy does not specifically teach the core further comprises a tapered portion at the distal end thereof. However, Frisbie et al. teaches the core further comprises a tapered portion at the distal end thereof (see Figure 1 and col. 4, lines 49-52 – “A core 24 extends along the length of the body 12 and provides the guide wire 10 with a certain amount of rigidity. The core 24 is tapered towards the distal end 16 to give the wire 10 greater flexibility towards the distal end 16”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the catheter of McCoy, Vanney et al., and Burkett to include the core further comprises a tapered portion at the distal end thereof, as disclosed in Frisbie et al., so as to give the guidewire greater flexibility towards the distal end (see Frisbie et al.: col. 4, lines 51-52).
Allowable Subject Matter
Claims 4, 6, and 10 are 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.
Claims 5, 14-16, and 20 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), 1st paragraph and/or 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEVIN B HENSON whose telephone number is (571)270-5340. The examiner can normally be reached M-F 7 AM ET - 5 PM ET.
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/DEVIN B HENSON/ Primary Examiner, Art Unit 3791
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