throbber
Application No. 14/984,273
`
`REMARKS
`
`Claims 25-45 are pending. By this amendment, claims 1-24 are cancelled as compared to
`
`the parent patent, claims 25-45 are added as compared to the parent patent, and claims 25, 26 and
`
`33-45 are amended as compared to the previously-pending new claims.
`
`AMENDMENTS TO THE CLAIMS
`
`At the end of this REMARKS section, Applicant provides a summary of amendments
`
`made to the new claims as compared to the previously-pending new claims for the Examiner's
`
`convenience.
`
`INTERVIEW SUMMARY
`
`Applicant thanks Examiners Williams, Lillis, and Wehner for their time and courtesy
`
`during the telephone interview of January I 0, 2018. During the interview, the topics of recapture
`
`and amendments to the claims to overcome the rejections on this basis were discussed. Also
`
`discussed were the 35 U.S.C. § 102 rejection over Adams and the other rejections, including
`
`those under 35 U.S.C. § 112, made in the Office Action. There was further discussion during the
`
`interview of the Consent of Assignee and the required amendments to the Application Data Sheet
`
`in order that the claim to priority is in proper form.
`
`Agreement was reached that the amendments made herein overcome the recapture
`
`rejections, the 35 U.S.C. § 112 rejections, and move the claims toward allowance. Specific
`
`agreement as to allowability was not reached.
`
`17
`
`Page 1
`
`Medtronic Exhibit 1511
`
`

`

`REISSUE APPLICATIONS
`
`Application No. 14/984,273
`
`Applicant acknowledges the Examiner's comments with regards to reissue applications.
`
`Applicant takes this opportunity to further comply with the continuing obligation under
`
`3 7 CFR § l.178(b) to apprise the Office of any prior or concurrent proceeding in which patent
`
`U.S. Patent 8,292,850 is or was involved. There is currently litigation related to the above(cid:173)
`
`referenced '850 patent as well as to other patents in this family. Documents relevant to this
`
`litigation are included in an Information Disclosure Statement to be filed concurrent or
`
`proximate in time with the filing of this amendment. Applicant is currently unaware of any
`
`interferences, reissues other than this application, or re-examinations related to the parent patent
`
`or other family members of the parent patent.
`
`CONSENT OF ASSIGNEE
`
`The Office Action indicated that a proper Consent of Assignee is missing from the file.
`
`With this amendment, Applicant files a Consent of Assignee form to comply with the
`
`requirements. Applicant's undersigned representative notes that due to a corporate acquisition,
`
`ownership of this application has been further assigned to a new entity. Accordingly, a
`
`Statement under § 3.73(c) reflecting the status of assignment is also filed herewith or will be
`
`shortly hereafter.
`
`As reflected by the new assignee, Applicant also files or will file soon hereafter an
`
`updated Power of Attorney for this application.
`
`18
`
`Page 2
`
`Medtronic Exhibit 1511
`
`

`

`APPLICATION DATA SHEET
`
`Application No. 14/984,273
`
`The Office Action indicated that the Application Data Sheet must be updated and
`
`corrected. The new Application Data Sheet reflects the current assignment status of this
`
`application. This application is noted as a continuation and separately listed as a reissue of
`
`application number 13/359,059 (U.S. Patent 8,292,850). Applicant respectfully requests that the
`
`Examiner acknowledge these corrections. The updated ADS will be filed soon hereafter.
`
`AMENDMENT TO THE SPECIFICATION
`
`The Office objected to the amendment to the specification filed on December 30, 2015,
`
`as not including all current information for the priority application listed.
`
`In particular, the
`
`Office Action indicated that the current status of issued reissue patents should be included in the
`
`related application section of the application. By this amendment, Applicant has amended the
`
`specification to indicate that application number 14/195,435, filed March 3, 2014, is issued as
`
`U.S. Patent RE46,116, along with other status identifiers. Applicant respectfully requests that
`
`the Examiner withdraw the objection.
`
`INFORMATION DISCLOSURE STATEMENT
`
`Applicant thanks the Examiner for the indication that the Information Disclosure
`
`Statements filed January 24, 2017, and June 12, 2017, have been entered into the file and that all
`
`of the documents have been reviewed. Applicant notes that the Examiner has previously been
`
`made aware of pending litigation related to this reissue application and its patent family.
`
`In
`
`particular, a complaint and letter related to the currently pending litigation were submitted with
`
`19
`
`Page 3
`
`Medtronic Exhibit 1511
`
`

`

`Application No. 14/984,273
`
`the Information Disclosure Statement filed June 12, 2017. Along with this amendment, a further
`
`Information Disclosure Statement is being filed which includes further prior art identified or that
`
`has arisen in the context of the litigation, as well as litigation documents relating to the
`
`concurrent proceedings in which the family members of this reissue application are involved.
`
`RECAPTURE
`
`The Office Action rejected claims 25-45 under 35 U.S.C. § 251 for allegedly recapturing
`
`subject matter surrendered in the application for the patent upon which the present reissue is
`
`based.
`
`In particular, the Examiner asserts that "independent claims 25 and 38 are broader in
`
`scope with respect to the limitation of "the standard guide catheter having a continuous lumen
`
`extending for a predefined length' which is present in original independent claims 1 and 11 of
`
`the '032 patent." Office Action, p. 6.
`
`Without acquiescing to the assertion, and solely to advance prosecution, the preamble of
`
`claim 25 has been amended to recite "A method of forming a device adapted for use with a
`
`standard guide catheter having a continuous lumen extending for a predefined length." The
`
`preamble of claim 38 has been amended similarly.
`
`In addition, the Office Action asserts that '"independent claims 25 and 38 are broader in
`
`scope with respect to the limitation of •a substantially rigid portion ... more rigid along a
`
`longitudinal axis than, the flexible tip portion' which is present in original independent claims 1
`
`and 11 of the '032 patent." Office Action, p. 7.
`
`20
`
`Page 4
`
`Medtronic Exhibit 1511
`
`

`

`Without acquiescing to the assertion, and solely to advance prosecution, claim 25 has
`
`been amended to recite "a flexible tip segment" and to specify that "the substantially rigid
`
`segment is more rigid along a longitudinal axis than the flexible tip segment." Claim 38 has
`
`Application No. 14/984,273
`
`been amended similarly.
`
`With these amendments, Applicant respectfully submits that the claims do not
`
`impermissibly recapture subject matter surrendered during prosecution of the now-issued '032
`
`patent, and requests that the rejections under 35 U.S.C. § 251 be reconsidered and withdrawn.
`
`DOUBLE PATENTING
`
`Claims 25-45 are rejected on the ground of nonstatutory double patenting for being
`
`allegedly unpatentable over claims 25-42 of U.S. Patent RE45,380. Claims 25-45 are also
`
`rejected on the ground of nonstatutory double patenting for being allegedly unpatentable over
`
`claims 25-53 of U.S. Patent RE45,760. Claims 25-45 are also rejected on the ground of
`
`nonstatutory double patenting for being allegedly unpatentable over claims 25-57 of U.S. Patent
`
`RE45,776. Claims 25-45 are also rejected on the ground of nonstatutory double patenting for
`
`being allegedly unpatentable over claims 25-55 of U.S. Patent RE46, 116. Office Action, pp. 8-
`
`10.
`
`Along with this amendment or soon hereafter, a Terminal Disclaimer is filed to overcome
`
`the nonstatutory double patenting rejections. The Terminal Disclaimer filed is not intended, and
`
`shall not be construed under any circumstances, as an admission that any invention claimed in a
`
`patent granted on the instant application is obvious in view of the prior patent or that the prior
`
`patent constitutes prior art to the instant application. See MPEP 80 l .02(II) ( citing Quad
`
`21
`
`Page 5
`
`Medtronic Exhibit 1511
`
`

`

`Environmental Technologies Corp. v. Union Sanitary District, 946 F.2d. 870, 874 (Fed. Cir.
`
`Application No. 14/984,273
`
`1991)).
`
`35 u.s.c. § 112
`
`The Office Action rejected claims 25-45 under 35 U.S.C. § 112 (pre-AIA), first
`
`paragraph, for allegedly failing to comply with the written description requirement. Claims 25,
`
`26, 30, 38 and 39 are specifically rejected.
`
`With respect to claim 25, the Examiner asserts that "the new claim term 'eccentrically
`
`positioning' does not have support in the specification of the '850 patent or the '059
`
`application." Office Action, p. 11.
`
`Applicant respectfully disagrees, and points to FIG. 1 of the '059 application for support.
`
`Figure 1 of the '059 application, annotated for clarity and reproduced below, shows the claimed
`
`position of the reinforced segment 18, represented here as a braided or coiled portion, relative to
`
`the substantially rigid segment 20, represented here as a hypotube or a section of stainless steel
`
`or Nitinol tubing. It is clear that the distal end portion of the substantially rigid segment 20 is
`
`indeed eccentrically positioned, i.e., not coaxial, relative to a longitudinal axis of the proximal
`
`end portion of the reinforced segment 18. As described on page 12 of the specification, lines 12
`
`and 13, "Rigid portion 20 may be secured to braid or coil reinforcement by, for example,
`
`welding or bonding."
`
`22
`
`Page 6
`
`Medtronic Exhibit 1511
`
`

`

`Application No. 14/984,273
`
`Fig.1
`,,ti 10
`
`12
`
`18
`
`substantially rigid
`segment
`
`eccentric relative
`positioning
`
`reinforced segment
`
`Similarly, support can also be found in FIGS. 4, 13 and 20. Accordingly, Applicant respectfully
`
`submits that the claim term "eccentrically positioning" is supported throughout the specification
`
`of the '850 patent, for example, at least at the drawings discussed above including FIG. 1.
`
`With respect to claims 26 and 38, the Examiner asserts that the catheter wall opening
`
`described in the specification is not "its own segment apart from the rigid portion." Office
`
`Action, p. 12.
`
`Without acquiescing to this assertion, and solely to advance prosecution, claim 25
`
`(incorporating the relevant recitations of claim 26) and claim 38 have been amended to recite
`
`"defining a side opening portion, including forming, in a proximal to distal direction, an arcuate
`
`cross-sectional shape and a hemicylindrical cross-sectional shape."
`
`With respect to claims 30 and 39, the Examiner further asserts on page 12 of the Office
`
`Action:
`
`the claim language of "providing the substantially rigid segment and the
`reinforced segment includes, starting at the distal end portion of the
`reinforced segment and moving proximally toward the proximal end
`
`23
`
`Page 7
`
`Medtronic Exhibit 1511
`
`

`

`Application No. 14/984,273
`
`portion of the substantially rigid segment, forming or obtaining at least a
`first device portion having a first flexural modulus and a second device
`portion having a second flexural modulus" is inconsistent with the
`disclosure of the '850 patent. Instead the disclosure states that the first
`through fourth portions having different flexural modulus values are
`located from the distal tip to the proximal end of the reinforced segment.
`See col. 7, IL 14-30.
`
`Applicant respectfully disagrees with this assertion. The portion of column 7 cited by the
`
`Examiner to support the rejection merely states that from a tip segment of the coaxial guide
`
`catheter 12 to "the most proximal portion of braid or coil reinforcement 32," the catheter may
`
`include, in some examples, four portions having different flexural moduli.
`
`Example
`
`demarcations defining these four portions are described in the text immediately following the
`
`flexural modulus discussion, from line 21 to line 30:
`
`Coaxial guide catheter 12 may be formed, for example, of 4033 Pebax® at
`bump tip 22 for the first 0.1 cm. This portion may [be] followed by a
`section about three cm long of 5533 Pebax® that covers marker band 24
`and the distal portion of braid or coil reinforcement 32. Next may come
`an approximately five cm portion of 6333 Pebax® which encloses part of
`braid or coil reinforcement 32 followed by an approximately twenty seven
`cm portion of 7233 Pebax® covering the most proximal portion of braid
`or coil reinforcement 32.
`
`Thus, the four portions having different flexural moduli referenced in lines 14-20 may, in at least
`
`some examples, refer to: (1) the bump tip 22, (2) a portion encompassing the marker band 24 and
`
`a distal portion of the reinforcement 32, (3) a portion of the reinforcement 32, and (4) the most
`
`proximal portion of the reinforcement 32. Based on this disclosure, the reinforcement 32
`
`includes three portions having different flexural moduli that range from low to high in a distal to
`
`proximal direction. Consistent with this disclosure, claim 30 recites:
`
`The method of claim 25, wherein providing the substantially rigid segment
`and the reinforced segment includes, starting at the distal end portion of
`the reinforced segment and moving proximally toward the proximal end
`24
`
`Page 8
`
`Medtronic Exhibit 1511
`
`

`

`Application No. 14/984,273
`
`portion of the substantially rigid segment, forming or obtaining at least a
`first device portion having a first flexural modulus and a second device
`portion having a second flexural modulus, the second flexural modulus
`greater than the first flexural modulus. (Emphasis added).
`
`The recitation of "at least" a first and second device portion, which is also included in
`
`claim 39, each having a different flexural modulus, reflects the column 7 excerpt shown above,
`
`which discloses that the reinforcement 32 may define three segments having different flexural
`
`moduli.
`
`With these amendments and remarks, Applicant respectfully submits that the claims are
`
`properly supported by the original written description, and requests that the rejections under 35
`
`U.S.C. § 112 (pre-AIA), first paragraph, be reconsidered and withdrawn.
`
`35 U.S.C. § 102
`
`The Office Action rejected claims 25, 29, 33-34 and 36-37 under 35 U.S.C. § I02(b) for
`
`being allegedly anticipated by U.S. Patent 5,527,292, issued to Adams et al. ("Adams").
`
`Applicant respectfully traverses the rejection because Adams fails to teach or suggest all claimed
`
`limitations included in at least independent claim 25.
`
`As amended, claim 25 recites in part, "defining a side opening portion, including
`
`forming, in a proximal to distal direction, an arcuate cross-sectional shape and a hemicylindrical
`
`cross-sectional shape."
`
`Adams does not teach or suggest at least this recited limitation as claimed, nor does the
`
`Office Action assert that it does.
`
`Instead, the Examiner brings in U.S. Patent Publication
`
`2003/0195546, to Solar et al. ("Solar"), to reject the side opening concept originally recited in
`
`25
`
`Page 9
`
`Medtronic Exhibit 1511
`
`

`

`claim 26, pointing to FIG. 4 and paragraph 51 of the cited reference to support the rejection. See,
`
`Application No. 14/984,273
`
`Office Action, p. 17.
`
`Figure 4 of Solar does not disclose, teach or suggest ''defining a side opening portion,
`
`including forming, in a proximal to distal direction, an arcuate cross-sectional shape and a
`
`hemicylindrical cross-sectional shape" as recited in claim 25. As shown below and described in
`
`paragraph 51 of Solar, FIG. 4 instead illustrates a multi-lumen tracking member 19 that defines
`
`transversely-extending holes 21 through a sidewall thereof, rather than a side opening portion
`
`including an arcuate cross-sectional shape and a hemicylindrical cross-sectional shape, as
`
`presently claimed:
`
`F/G.4
`
`Accordingly, claim 25 as amended should be patentable over Adams and Solar, whether
`
`considered separately or in combination, and Applicant respectfully requests reconsideration and
`
`withdrawal of the rejection of claims 25, 29, 33-34 and 36-37 under 35 U.S.C. § 102(b).
`
`26
`
`Page 10
`
`Medtronic Exhibit 1511
`
`

`

`Application No. 14/984,273
`
`Rejections under 35 U.S.C. § 102 in view of Kraus
`
`Claims 38 and 40-45 are rejected under 35 U.S.C. § I02(b), as allegedly being anticipated
`
`by U.S. Patent 5,578,009, issued to Kraus et al. ("Kraus"). Applicant respectfully traverses the
`
`rejection because Kraus fails to teach or suggest all of the limitations recited in independent
`
`claim 38.
`
`Like claim 25, independent claim 38 has been amended to recite in part, "'defining a side
`
`opening portion, including forming, in a proximal to distal direction. an arcuate cross-sectional
`
`shape and a hemicylindrical cross-sectional shape, the side opening portion extending for a
`
`distance along a longitudinal axis of the device such that the side opening portion is accessible
`
`from a longitudinal side, defined traverse to the longitudinal axis. to receive a balloon catheter
`
`and stent."
`
`Kraus does not disclose, teach or suggest at ]east these claimed recitations, nor does the
`
`Examiner assert that it does. Accordingly, Applicant respectfully requests reconsideration and
`
`withdrawal of the rejection of claims 38 and 40-45 in view of Kraus under 35 U.S.C. § I02(b).
`
`Reiections under 35 U.S.C. § 103 in view of Solar and Adams
`
`35 u.s.c. § 103
`
`Claims 25-26, 29-32 and 35-40 are rejected under 35 U.S.C. § I03(a), as allegedly
`
`unpatentable over Solar in view of Adams.
`
`As discussed above, the combination of Solar and Adams fails to teach or suggest at least
`
`the recitations of "defining a side opening portion, including forming, in a proximal to distal
`
`27
`
`Page 11
`
`Medtronic Exhibit 1511
`
`

`

`Application No. 14/984,273
`
`direction, an arcuate cross-sectional shape and a hemicylindrical cross-sectional shape," as
`
`recited in claim 25 and similarly recited in claim 38.
`
`Accordingly, Applicant respectfully requests reconsideration and withdrawal of the
`
`rejection of claims 25-26, 29-32 and 35-40 under 35 U.S.C. § 103(a).
`
`Reiections under 35 U.S.C. § 103 in view of Adams and Klein
`
`Dependent claims 27-28 are rejected under 35 U.S.C. § 103(a), as allegedly unpatentable
`
`over Adams in further view of U.S. Patent 5,562,620, issued to Klein et al. ("Klein"). Even if
`
`Klein discloses the subject matter asserted by the Examiner, which Applicant does not concede,
`
`Klein does not remedy the deficiencies of Adams at least with respect to claim 25. Because
`
`Applicant submits that claim 25 is patentable over Adams, Applicant has not provided further
`
`comment regarding Klein. Applicant, however, also traverses this § I03(a) rejection, reserves
`
`the right to argue the additionally applied reference, and Applicant's silence should not be
`
`interpreted as an agreement with the Examiner's characterization of Klein.
`
`Reiections under 35 U.S.C. § 103 in view of Solar, Adams and Klein
`
`Claims 27-28 are rejected under 35 U.S.C. § 103(a), as allegedly unpatentable over Solar
`
`in view of Adams, and further in view of Klein. Even if Klein discloses the subject matter
`
`asserted by the Examiner, which Applicant does not concede, Klein does not remedy the
`
`deficiencies of Adams and Solar at least with respect to claim 25. Because Applicant submits
`
`that claim 25 is patentable over Adams and Solar, Applicant has not provided further comment
`
`regarding Klein. Applicant, however, also traverses this § I 03(a) rejection, reserves the right to
`
`28
`
`Page 12
`
`Medtronic Exhibit 1511
`
`

`

`argue the additionally applied reference, and Applicant's silence should not be interpreted as an
`
`agreement with the Examiner's characterization of Klein.
`
`Application No. 14/984,273
`
`SUMMARY LISTING OF AMENDMENTS TO THE NEW CLAIMS AS COMPARED
`TO THE PREVIOUSLY PENDING CLAIMS
`
`For the Examiner's convenience, Applicant provides the following listing of new claims
`
`25-45 in this reissue application with additions to the claims underscored and deletions to the
`
`claim stricken through as compared to the previously pending new claims.
`
`25.
`
`A method of forming a device adapted for use with a standard guide catheter having a
`
`continuous lumen extending for a predefined length, the method comprising:
`
`providing a flexible tip segment having a lumen therethrough;
`
`providing a reinforced segment having a lumen therethrough, including one or more
`
`metallic elements covered with a polymer, and extending from a proximal end portion to a
`
`distal end portion, the proximal end pertien more rigid er having a fle1HH"al moeh:tlHs greater
`
`then the tip segment;
`
`providing a substantially rigid segment extending from a proximal end portion to a
`
`distal end portion, wherein the substantially rigid segment is more rigid along a longitudinal
`
`axis than the flexible tip segment;
`
`defining a side opening portion, including forming, in a proximal to distal direction, an
`
`arcuate cross-sectional shape and a hemicylindrical cross-sectional shape;
`
`eccentrically positioning the distal end portion of the substantially rigid segment relative
`
`to a longitudinal axis of the proximal end portion of the reinforced segment; and
`
`29
`
`Page 13
`
`Medtronic Exhibit 1511
`
`

`

`coaxially aligning the distal end portion of the reinforced segment and a proximal end
`
`Application No. 14/984,273
`
`portion of the flexible tip segment,
`
`wherein providing the substantially rigid segment, the reinforced segment, and the
`
`flexible tip segment includes forming a device length that is longer than the predefined length
`
`of the continuous lumen of the guide catheter such that when a distal end portion of the flexible
`
`tip segment is extended distally of a distal end of the guide catheter, at least part of the proximal
`
`end portion of the substantially rigid segment extends proximally of a proximal end of the guide
`
`catheter.
`
`26.
`
`The method of claim 25, further comprising providing a segmeat defining a siele
`
`opeaing encl positioaiag the segment proximal of the proximal end portion of the reiaforeed
`
`segment, extending the side opening portion e1ctending for a distance along a longitudinal axis
`
`of the segmeat device such that the side opening portion is[[ and]] accessible from a
`
`longitudinal side~ defined transverse to the longitudinal axis, along the distance.
`
`27.
`
`The method of claim 25, wherein providing the substantially rigid segment includes
`
`providing one or more relief openings at its distal end portion.
`
`28.
`
`The method of claim 27, wherein the one or more relief openings include a first relief
`
`opening and a second relief opening, the openings spaced apart from one another.
`
`29.
`
`The method of claim 25, wherein providing the substantially rigid segment includes
`
`30
`
`Page 14
`
`Medtronic Exhibit 1511
`
`

`

`forming or obtaining a hypotube or a metal rail structure.
`
`Application No. 14/984,273
`
`30.
`
`The method of claim 25, wherein providing the substantially rigid segment and the
`
`reinforced segment includes, starting at the distal end portion of the reinforced segment and
`
`moving proximally toward the proximal end portion of the substantially rigid segment, forming
`
`or obtaining at least a first device portion having a first flexural modulus and a second device
`
`portion having a second flexural modulus, the second flexural modulus greater than the first
`
`flexural modulus.
`
`31.
`
`(Previously Presented) The method of claim 25, wherein providing the reinforced
`
`segment includes covering one or more braided or coiled metallic elements with the polymer.
`
`32.
`
`The method of claim 31, wherein a length of the one or more braided or coiled metallic
`
`elements is in a range of 20 centimeters to 30 centimeters.
`
`33.
`
`The method of claim 25, wherein providing the reinforced segment includes forming or
`
`obtaining a reinforced segment including a lumen having a uniform inner diameter that is about
`
`one French smaller than an inner diameter of the continuous lumen of the guide catheter.
`
`34.
`
`The method of claim 33, wherein the lumen of the reinforced segment is greater than or
`
`equal to 0.056 inches and the continuous lumen of the guide catheter is greater than or equal to
`
`0.070 inches.
`
`31
`
`Page 15
`
`Medtronic Exhibit 1511
`
`

`

`Application No. 14/984,273
`
`35.
`
`The method of claim 25, wherein providing one or both of the reinforced segment and
`
`the flexible tip segment includes lining the lumens thereof with polytetrafluoroethylene.
`
`36.
`
`The method of claim 25, wherein providing the flexible tip segment includes providing
`
`an atraumatic bumper formed of a polymer or an elastomeric material.
`
`37.
`
`The method of claim 36, wherein providing the flexible tip segment includes covering
`
`a marker band with the polymer or the elastomeric material.
`
`38.
`
`A method of forming a device adapted for use with a standard guide catheter having a
`
`continuous lumen extending for a predefined length, the method comprising:
`
`providing a flexible tip segment having a lumen therethrough;
`
`providing a reinforced segment including one or more metallic elements covered with a
`
`polymer and having a lumen for coaxial alignment with the lumen of the flexible tip portion
`
`segment;
`
`providing a substantially rigid segment extending from a proximal end portion to a
`
`distal end portion, wherein the substantially rigid segment is more rigid along a longitudinal
`
`axis than the flexible tip segment;
`
`providing a segment defining a side opening portion, including forming. in a proximal to
`
`distal direction, an arcuate cross-sectional shape and a hemicylindrical cross-sectional shape, the
`
`side opening portion extending for a distance along a longitudinal axis of the device[[ and]] such
`
`32
`
`Page 16
`
`Medtronic Exhibit 1511
`
`

`

`Application No. 14/984,273
`
`that the side opening portion is accessible from a longitudinal side, defined transverse to the
`
`longitudinal axis, to receive a balloon catheter[[ or]] and stent; and
`
`arranging, in a proximal to distal direction, the substantially rigid segment, the segment
`
`defiaiag the side opening portion, the reinforced segment, and the flexible tip segment such that
`
`when the flexible tip segment is extended distally of a distal end of the guide catheter, the
`
`proximal end portion of the substantially rigid segment extends proximally of a proximal end of
`
`the guide catheter and the side opening portion is positioned within the continuous lumen of the
`
`guide catheter.
`
`39.
`
`The method of claim 38, wherein providing the substantially rigid segment, the segmem
`
`defining the side opening portion, and providing the reinforced segment includes, starting at a
`
`distal end portion of the reinforced segment and moving proximally toward the proximal end
`
`portion of the substantially rigid segment, forming or obtaining at least a first device portion
`
`having a first flexural modulus, a second device portion having a second flexural modulus
`
`greater than the first flexural modulus, and a third device portion having a third flexural
`
`modulus greater than the second flexural modulus.
`
`40.
`
`The method of claim 38, wherein providiag tke segmeat defining the side opening
`
`portion includes providing an angled entrance into the lumen of the reinforced segment.
`
`33
`
`Page 17
`
`Medtronic Exhibit 1511
`
`

`

`41.
`
`The method of claim 38, wherein providing the segment defining the side opening
`
`portion includes forming an arcuate cross-sectional shape having a length of about 15
`
`Application No. 14/984,273
`
`centimeters.
`
`42.
`
`The method of claim 25, further comprising defining the side opening portion in the
`
`substantially rigid segment 3 8, ·.·,herein providiag the segment defining the side openiag
`
`iadudes forming, in a prmdmal to distal direetion, an areuate eross sectional shape aad a
`
`hemieylindrieal cross sectional shape.
`
`43.
`
`The method of claim 38, wherein providing the segment defining the side opening
`
`portion includes forming a concave track.
`
`44.
`
`The method of claim 38, wherein previdiag the segmeat defining the side opening
`
`portion includes forming a first inclined sidewall, forming a second inclined sidewall, and
`
`separating the first inclined sidewall and the second inclined sidewall by a non-inclined region.
`
`45.
`
`The method of claim 38, wherein providing the substantially rigid segment,-the
`
`segment defining the side opening portion, providing the reinforced segment, and providing the
`
`flexible tip segment includes forming a device cross-sectional size and shape configured to be
`
`passed, at least in part, into the continuous lumen of the guide catheter.
`
`34
`
`Page 18
`
`Medtronic Exhibit 1511
`
`

`

`Application No. 14/984,273
`
`CONCLUSION
`
`In view of the foregoing, it is submitted that this application is in condition for allowance.
`
`Favorable consideration and prompt allowance of the application are respectfully requested.
`
`The Examiner is invited to telephone the undersigned if the Examiner believes it would
`
`be useful to advance prosecution.
`
`~ctfully submitted,
`
`l_f..fl 0
`
`Paul C. Onderick
`Registration No. 45354
`
`Customer No. 24113
`Patterson Thuente Pedersen, P.A.
`4800 IDS Center
`80 South 8th Street
`Minneapolis, Minnesota 55402-2 l 00
`Telephone: 612.349.5766
`
`35
`
`Page 19
`
`Medtronic Exhibit 1511
`
`

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket