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 .
Priority
This application is a CON of PCT/JP2023/044730 12/13/2023 is acknowledged.
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.
Claim(s) 1, 3-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2021/0205591 To Fuseya et al. (Fuseya).
Fuseya teaches:
Claim 1: A medical device comprising:
a core shaft (13, Fig. 16) including a tapered portion (132, Fig. 6) having a diameter decreasing from a proximal end toward a distal end, and a straight portion (131 or 133, Fig. 6) adjacent to the tapered portion, extending along a long axis direction, and having a constant outer diameter; and
a protruding portion (Fig. 6 reproduced with annotation below) provided on outer peripheral surfaces of the tapered portion and the straight portion and spirally extending with a gap (Fig. 6 reproduced with annotation below) between portions adjacent to each other along the long axis direction,
wherein the protruding portion includes a first protruding portion located on the tapered portion and a second protruding portion located on the straight portion (Fig. 6 reproduced with annotation below), and rigidity of the first protruding portion is different from rigidity of the second protruding portion (The first and second protruding portions are at two different areas, therefore, they are different. Also, in para. 0075, the prior art stated that the spirally-arranged protruding portion 23 is formed by winding one or more wires such that the wire has outer diameter decreases from the proximal to distal and distal to proximal, therefore, it has different rigidity).
Claim 3: The medical device according to claim 1, wherein a transverse section of the first protruding portion and a transverse section of the second protruding portion have the same shape (the protruding portion 23, Fig. 6, is a wire that is winding around the outer surface of shaft 13 from proximal to distal there therefore would have the same transverse section shape).
Claim 4: The medical device according to claim 1, wherein the straight portion (131) is provided in a proximal end side of the tapered portion (132).
Claim 5: The medical device according to claim 1, wherein the straight portion (133 and 131) is provided in a distal end side and the proximal end side of the tapered portion.
Claim 6: The medical device according to claim 1, wherein the rigidity of the first protruding portion is lower than the rigidity of the second protruding portion (In para. 0075, the prior art stated that the spirally-arranged protruding portion 23 is formed by winding one or more wires such that the wire has outer diameter decreases from the proximal to distal and distal to proximal, therefore, the rigidity varies depending on the diameter of the wire decreasing from proximal to distal or distal to proximal).
Claim 7: The medical device according to claim 1, wherein the rigidity of the first protruding portion is higher than the rigidity of the second protruding portion (In para. 0075, the prior art stated that the spirally-arranged protruding portion 23 is formed by winding one or more wires such that the wire has outer diameter decreases from the proximal to distal and distal to proximal, therefore, the rigidity varies depending on the diameter of the wire decreasing from proximal to distal or distal to proximal).
Claim(s) 1-2 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2020/0016385 to Fuseya et al. (Fuseya).
Fuseya teaches:
Claim 1: A medical device comprising:
a core shaft (81, Fig. 13) including a tapered portion (84, Fig. 13) having a diameter decreasing from a proximal end toward a distal end, and a straight portion (83 or 85, Fig. 13) adjacent to the tapered portion, extending along a long axis direction, and having a constant outer diameter; and
a protruding portion (82, Fig. 13) provided on outer peripheral surfaces of the tapered portion and the straight portion and spirally extending with a gap (between the winding of the coil 82) between portions adjacent to each other along the long axis direction,
wherein the protruding portion (82) includes a first protruding portion located on the tapered portion (84) and a second protruding portion located on the straight portion (83 or 85), and rigidity of the first protruding portion is different from rigidity of the second protruding portion (The first and second protruding portions are at two different areas, therefore, they are different. Also, in para. 0146, the prior art stated that the spirally-arranged protruding portion 82 is formed by winding one or more wires such that the wire has outer diameter increasing toward the proximal end side from the distal end side of the shaft, therefore, it has different rigidity).
Claim 2: The medical device according to claim 1, wherein the first protruding portion is formed of a resin material, and the second protruding portion is formed of a metal material (para. 0175 discloses that the spirally-arranged protruding portions 82, 92, 102 and 112 may be coated with resin. In para. 0140, the wire 82, is made of metal. Therefore, the examiner’s position is that the first protruding portion is formed of resin material because of the coating).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHONG SON DANG whose telephone number is (571)270-5809. The examiner can normally be reached Mon-Fri 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Elizabeth Houston can be reached at 571-272-7134. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PHONG SON H DANG/Primary Examiner, Art Unit 3771
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