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 .
Election/Restrictions
Claim 8-9 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 08/24/26. Note, although Applicant withdraws claims 4-5 in the reply filed 08/24/26, Examiner called Applicant to confirm that claims 4-5 should remain in the claim set and 8-9 (which are drawn to Species VI as shown in Figs. 8A-8B) should be withdrawn.
Applicant’s election without traverse of Species V, fixation element 722 shown in Figs. 7A-7B in the reply filed on 08/24/26 is acknowledged.
Claim Objections
Claims 2, 4, 13 and 17 are objected to because of the following informalities:
The claims include redundant language. Examiner suggests correcting the language to recite: For example claim 2: “one of the elongate member or the distal member is overmolded on the other of the elongate member or the distal member,
Claim 13 recites “the wall” which does not have antecedent basis to claim 1. Examiner recommends correcting “the wall” to “the elongate member” or changing the dependency to claim 12.
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.
Claims 1, 3-7, 10, 11, 14, 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Weber et al. (US 20190357893 A1).
Regarding claim 1, Weber discloses a catheter 100 comprising: an elongate member 304 defining a longitudinally extending lumen (Fig. 3); a distal member 302 extending from a distal portion of the elongate member to a distal end of the distal member (Fig 2), a fixation member 208 located at the distal portion of the elongate member (Fig. 3), wherein the fixation member comprises a band defining one or more apertures (Fig. 3; either each of 313, or alternatively or additionally including lumen going through the center of 208), and wherein at least one of the elongate member or the distal member extends through at least one of the one or more apertures (i.e., see Fig. 3 such that both the elongate member and the distal member extend through the center lumen); and a pull wire 314 coupled to the fixation member (Fig. 3), wherein the pull wire extends axially from a proximal end of the elongate member to the fixation member (Fig. 3; para. [0033]-[0034]), and wherein the elongate member is configured to deflect from an initial configuration to a deflected configuration in response to a force applied to the pull wire (para. [0025], [0033]-[0034]; see also claim 9).
Regarding claim 3, Weber discloses the catheter of claim 1. Weber also discloses wherein the band is affixed to the distal portion of the elongate member between the elongate member and the distal member (Fig. 3).
Regarding claim 4, Weber discloses the catheter of claim 1. Weber also discloses wherein the fixation member defines at least one of a radially outward extending exterior surface or a radially inward extending exterior surface in contact with the one of the elongate member (i.e., the surface of 208 extends externally and internally; the internal surface contacts both 304 proximally and 306 distally) or the distal member or the other of the elongate member of the distal member.
Regarding claim 5, Weber discloses the catheter of claim 1. Weber also discloses wherein the fixation member defines a textured exterior surface (i.e., textured may include apertures 313 as shown in Fig. 3 which would create a textured feel).
Regarding claim 6, Weber discloses the catheter of claim 1. Weber also discloses wherein the fixation member includes an exterior surface defining at least one of a convex shape (Fig. 3 i.e., by way of a ring shape) or a concave shape.
Regarding claim 7, Weber discloses the catheter of claim 1. Weber also discloses wherein the pull wire and the fixation member are integrally formed (paras. [0033]-[0034]).
Regarding claim 10, Weber discloses the catheter of claim 1. Weber also discloses wherein the fixation member is configured to engage the elongate member by at least one of a friction fit (para. [0027] at least by way of being mounted), a compression fit, or an overmold.
Regarding claim 11, Weber discloses the catheter of claim 1. Weber also discloses wherein the elongate member is further configured to deflect from the deflected configuration to the initial configuration in response to at least one of a pull force or a push force applied to the pull wire (para. [0025]; see also paras. [0027]-[0028], and [0043] note that Fig. 3 shows 314 which is also shown in Fig. 5).
Regarding claim 14, Weber discloses the catheter of claim 1, wherein a distal end of the pull wire comprises at least one of a bulbous structure, a loop, a knot, a weld bead (para. [0034]), or a washer.
Regarding claim 15, Weber discloses the catheter of claim 1, further comprising a deflection assembly (handle and pull wire as shown in Fig. 2 and para. [0036]) affixed to a proximal portion of the elongate member (Fig 2), wherein the deflection assembly includes a handle 112 and a control member 114, and wherein the control member is configured to apply the force to the pull wire when the control member is moved relative to the handle (para. [0025]).
Claims 1-2, 12, 13, 16-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Potter et al. (US 20140200441 A1).
Regarding claim 1, Potter discloses a catheter (Fig. 1) comprising: an elongate member 60 defining a longitudinally extending lumen (Fig. 4B); a distal member 18 extending from a distal portion of the elongate member to a distal end of the distal member (Fig 1; Fig. 5 also shows another embodiment of 18’ but is attached similarly), a fixation member 48 located at the distal portion of the elongate member (Fig. 4A), wherein the fixation member comprises a band defining one or more apertures (Fig. 3; fixation member 48 is disclosed as being a ring such that it is a band with an aperture going through the center), and wherein at least one of the elongate member or the distal member extends through at least one of the one or more apertures (i.e., see Fig. 4A-4B such that 60 would extend through the aperture of 48 to deliver wires and as disclosed in para. [0064]); and a pull wire 40, 42 coupled to the fixation member (para. [0062]), wherein the pull wire extends axially from a proximal end of the elongate member to the fixation member (Figs. 4A-4B; para. [0062]), and wherein the elongate member is configured to deflect from an initial configuration to a deflected configuration in response to a force applied to the pull wire (para. [0062]).
Regarding claim 2, Potter discloses the catheter of claim 1. Potter also discloses wherein one of: the one of the elongate member or the distal member is overmolded on the other of the elongate member or the distal member (para. [0063] discloses overmolding and fixing), or the other of the elongate member or the distal member is overmolded on the one of the elongate member or the distal member
Regarding claim 12, Potter discloses the catheter of claim 1. Potter also discloses wherein the elongate member comprises a wall defining the lumen (see Fig. 4B such that there is a wall and lumens 74/72), and wherein the pull wire extends from the proximal end of the elongate member to the fixation member through at least a portion of the wall (i.e., see Fig. 4B which shows the pull wires 40, 42 extending through the wall on either side of 72/74; see also para. [0062]-[0064]).
Regarding claim 13, Potter discloses the catheter of claim 1. Potter also discloses wherein the wall comprises: an elongate core layer defining an exterior surface (i.e., coil as shown in Fig. 4B) and an interior surface defining the longitudinally extending lumen (i.e., through 72/74), wherein the elongate core layer comprises a coiled or braided metal wire (Fig. 4B; para. [0064]); an inner layer disposed on the interior surface of the elongate core layer (para. [0064] through 72/74); and an outer layer 12 disposed on the exterior surface of the elongate core layer (Fig. 4B), wherein the pull wire is disposed at least one of between the inner layer and the core layer (Fig. 4B) or through the inner layer (i.e., if it is interpreted inner layer to include 78).
Regarding claim 16, Potter discloses a catheter (Fig. 1) comprising: an elongate member 60 including a wall (i.e., wall defines apertures 72/74), the wall defining a longitudinally extending lumen (i.e., as shown in Fig. 4B); a distal member extending from a distal portion of the elongate member to a distal end of the distal member (i.e., 18 extends from 12 which is over 60 as shown in Fig. 1 and described in para. [0063]); a fixation member 48 located at the distal portion of the elongate member (Fig. 4A), wherein the fixation member comprises a band defining one or more apertures (i.e., para. [0062] discloses 48 being a ring such that a lumen goes through the center), and wherein at least one of the elongate member (i.e., to deliver pull wires to ring 48 as disclosed in para. [0062]) or the distal member extends through at least one of the one or more apertures; a pull wire 40, 42 coupled to the fixation member (para. [0062]), wherein the pull wire extends axially from a proximal end of the elongate member to the fixation member (Figs. 4A-4B), wherein the elongate member is configured to deflect from an initial configuration to a deflected configuration in response to a force applied to the pull wire (para. [0062]), and wherein the pull wire extends from the proximal end of the elongate member to the fixation member through at least a portion of the wall (i.e., as shown in Fig. 4B); and a deflection assembly (Fig. 1) affixed to a proximal portion of the elongate member (Fig. 1), wherein the deflection assembly includes a handle 22 and a control member 98, and wherein the control member is configured to apply the force to the pull wire when the control member is moved relative to the handle (para. [0066]).
Regarding claim 17, Potter discloses the catheter of claim 16. Potter also discloses wherein one of: one of the elongate member or the distal member is overmolded on the other of the elongate member or the distal member (para. [0063]), or the other of the elongate member or the distal member is overmolded on the one of the elongate member or the distal member.
Regarding claim 18, Potter discloses the catheter of claim 16. Potter also discloses wherein the band is affixed to the distal portion of the elongate member between the elongate member and the distal member (Fig. 1; Fig. 4A).
Regarding claim 19, Potter discloses a method comprising: applying, using a pull wire 40, 42, a force to a fixation member 48 located at a distal portion of an elongate member 60 (para. [0062]) and encased by a distal member 12 (as shown in Fig. 4A), the distal member extending from the distal portion to a distal end of the distal member (Fig. 4A), wherein the fixation member comprises a band (i.e., a ring) defining one or more apertures (i.e., through the center of the ring as disclosed by para. 62), and wherein at least one of the elongate member extends through at least one of the one or more apertures (i.e., to deliver pull wires); and deflecting, using the force, the elongate member from an initial configuration to a deflected configuration (para. [0062]), wherein the pull wire extends axially from a proximal end of the elongate member to the fixation member (Figs. 4A-4B).
Regarding claim 20, Potter discloses the method of claim 19. Potter also discloses further comprising imparting, using a control member 98 of a deflection assembly (handle assembly 22 and 98), the force to the pull wire by moving the control member relative to a handle 22 of the deflection assembly (para. [0066]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RACHAEL LYNN GEIGER whose telephone number is (571)272-6196. The examiner can normally be reached Mon-Fri 8:00am-5:00pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Darwin Erezo can be reached at 5712724695. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RACHAEL L GEIGER/ Examiner, Art Unit 3771
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