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
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, and 5-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Houser (US 5,865,801 A).
With respect to claim 1, Houser discloses an ultrasound examination device comprising (see Figures 1 and 6 attached herein): a shaft (catheter shaft #12 as seen on Figure 1); a first lead wire and a second lead wire inserted into an internal space of the shaft and extended out from a distal end of the shaft (see guide wire #16 as described in column 4, lines 40-44 and bifilar wires #88, #100 and #102 as further seen on Figure 6 and as described in column 5 lines 46-
PNG
media_image1.png
180
341
media_image1.png
Greyscale
65); a conductive thin film extending from the distal end of the shaft toward a distal side and electrically connected to the first lead wire; an ultrasound probe located on the distal side of the distal end of the shaft and having a first electrode layer electrically connected to the conductive thin film and a second electrode layer electrically connected to the second lead wire (see Figure 6 showing ultrasound electrode #84 in contact with wires #88, #100 and #102); and a resin holder configured to hold, at least, a portion
PNG
media_image2.png
621
316
media_image2.png
Greyscale
belonging to the second lead wire and extended out from the shaft, the conductive thin film, and the ultrasound probe (see Column 4, lines 33-38 discloses the catheter shaft #12 with all components as claimed within as a holder and made of polymer resin material).
With respect to claim 2, Houser discloses an insulating support member located between the distal end of the shaft and the ultrasound probe so as to be held by the resin holder, and configured to support the second lead wire (see Columns 4 and 5; lines 33-40 and 9-14 respectively referring to polymer materials for the catheter shaft #12 and ballon section #24 where the ultrasound components are located).
With respect to claim 3, Houser discloses the ultrasound probe has a flat plate shape in which a backing layer, the first electrode layer, a piezoelectric element sheet, and the second electrode layer are laminated, the conductive thin film is connected to a first surface of the ultrasound probe on a side of the backing layer, and the second lead wire is connected to a second surface on a side of the second electrode layer (as seen on Figure 6 showing electrodes #84 and #86 backing to piezoelectric element sheet #82 and connected to wire #88).
With respect to claim 5, Houser discloses the resin holder is configured to internally hold the portion belonging to the second lead wire and extended out from the shaft, the conductive thin film, and the ultrasound probe (see Columns 4 and 5; lines 33-40 and 9-14 respectively referring to polymer materials for the catheter shaft #12 and ballon section #24 where the ultrasound components are located).
With respect to claim 6, Houser discloses a catheter for an intravascular ultrasound examination comprising (as seen on Figure 1): the ultrasound examination device according to claim 1; and an outer shaft into which the ultrasound examination device is inserted rotatably taking the shaft as an axis (see Columns 4 and 5; lines 33-40 and 9-14 respectively referring to the catheter shaft #12 and ballon section #24 where the ultrasound components are located, see catheter’s shat inserted into the patient shown in Figures 12, 13, 15 and 17).
With respect to claim 7, Houser discloses the ultrasound probe has a flat plate shape in which a backing layer, the first electrode layer, a piezoelectric element sheet, and the second electrode layer are laminated, the conductive thin film is connected to a first surface of the ultrasound probe on a side of the backing layer, and the second lead wire is connected to a second surface on a side of the second electrode layer (as seen on Figure 6 showing electrodes #84 and #86 backing to piezoelectric element sheet #82 and connected to wires #88, #100 and #102).
Claim Rejections - 35 USC § 103
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 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.
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.
Claims 4 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Houser (US 5,865,801 A) in view of Kheradvar et al. (US 2020/0352717 A1).
With respect to claims 4 and 8, Houser discloses the claimed invention as stated above except for specifying that the first lead wire and the second lead wire form a coaxial cable with the second lead wire located at a center. However, Kheradvar discloses the first lead wire and the second lead wire form a coaxial cable with the second lead wire located at a center (see paragraph 0081; Figure 8A-C, catheter sheath #805 may cover the multi-lumen catheter #804 having central channels #865 used to pass a guide wire form a coaxial cable and a plurality of other peripheral channels #864 for a plurality of wires). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have the first lead wire and the second lead wire form a coaxial cable with the second lead wire located at a center. as taught by Kheradvar in combination with Houser’s catheter #12 for the purpose of further defining the wire configuration of the guide wire shown by Houser (as defined in Column 4, lines 33-47) widely used to send signals through said cable.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The additional prior art cited in the PTO 892 not relied upon discloses different catheter configurations.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DIXOMARA VARGAS whose telephone number is (571)272-2252. The examiner can normally be reached Monday-Friday 8am-5pm.
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, Raymond Keith can be reached at 571-270-1790. 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.
/DIXOMARA VARGAS/Primary Examiner, Art Unit 3798
