`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
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`
`NOTICE OF ALLOWANCE AND FEE(S) DUE
`
`24113
`
`7590
`
`05/11/2016
`
`PATTERSON THUENTE PEDERSEN, P.A.
`4800 IDS CENTER
`80 SOUTH 8TH STREET
`MINNEAPOLIS, MN 55402-2100
`
`WILLIAMS, CATHERINE SERKE
`
`3993
`
`DATE MAILED: 05/11/2016
`
`Howard C. Root
`03/03/2014
`14/195,435
`TITLE OF INVENTION: COAXIAL GUIDE CATHETER FOR INTERVENTIONAL CARDIOLOGY PROCEDURES
`
`
`
`
`
`
`2005.86USREI6
`
`9278
`
`
`
`
`
`
`
`APPLN. TYPE PUBLICATION FEE DUE|PREV. PAID ISSUE FEEENTITY STATUS ISSUE FEE DUE TOTAL FEE(S) DUE DATE DUE
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`
`
`
`
`nonprovisional
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`$0
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`
`08/11/2016
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`24113
`PATTERSON THUENTE PEDERSEN, P.A.
`4800 IDS CENTER
`80 SOUTH 8TH STREET
`MINNEAPOLIS, MN 55402-2100
`
`APPLICATION NO.
`
`FILING DATE
`
`Howard C. Root
`03/03/2014
`14/195,435
`TITLE OF INVENTION: COAXIAL GUIDE CATHETER FOR INTERVENTIONAL CARDIOLOGY PROCEDURES
`
`
`
`
` FIRST NAMED INVENTOR
`
`
`
`ATTORNEY DOCKETNO.
`
`CONFIRMATION NO.
`
`2005.86USREI6
`
`9278
`
`
`
`
`
`
`
`APPLN. TYPE PUBLICATION FEE DUE|PREV. PAID ISSUE FEEENTITY STATUS ISSUE FEE DUE TOTAL FEE(S) DUE DATE DUE
`
`
`
`
`
`nonprovisional
`
`UNDISCOUNTED
`
`$960
`
`$0
`
`$0
`
`$960
`
`08/11/2016
`
`EXAMINER
`
`ART UNIT
`
`CLASS-SUBCLASS
`
`WILLIAMS, CATHERINE SERKE
`
`3993
`
`604- 164010
`
`2. For printing on the patent front page,list
`(1) The namesofup to 3 registered patent attorneys
`or agents OR,alternatively,
`(2) The nameofa single firm (having as a member a
`2
`registered attorney or agent) and the namesof up to
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`listed, no namewill be printed.
`
`
`
`43
`
`
`
`
`
`1. Change of correspondence address or indication of "Fee Address" (37
`CFR 1.363).
`LI Change of correspondence address (or Change of Correspondence
`Address form PTO/SB/122) attached.
`LI "Fee Address" indication (or "Fee Address” Indication form
`PTO/SB/47; Rev 03-02 or more recent) attached. Use of a Customer
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`(A) NAMEOF ASSIGNEE
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`
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`4a. The following fee(s) are submitted:
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`Registration No.
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`PTOL-85 Part B (10-13) Approved for use through 10/31/2013.
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`OMB 0651-0033
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`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
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`Page 2 of 3
`
`

`

`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`APPLICATION NO.
`
`FILING DATE
`
`
`
`
`FIRST NAMED INVENTOR
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`ATTORNEY DOCKETNO.
`
`CONFIRMATION NO.
`
`14/195,435
`
`03/03/2014
`
`Howard C. Root
`
`2005.86USREI6
`
`9278
`
`PATTERSON THUENTE PEDERSEN, P.A.
`4800 IDS CENTER
`80 SOUTH 8TH STREET
`MINNEAPOLIS, MN 55402-2100
`
`WILLIAMS, CATHERINE SERKE
`
`3093
`
`DATE MAILED: 05/11/2016
`
`Determination of Patent Term Extension or Adjustment under 35 U.S.C. 154 (b)
`
`A reissue patent is for "the unexpired part of the term of the original patent." See 35 U.S.C. 251. Accordingly, the
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`

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`

`

`
`Application No.
`Applicant(s)
`14/195,435
`ROOT ET AL.
`i
`i
`
`AIA (First Inventor to File)
`
`aye
`
` :
`Notice of Allowability
`CATHERINE S. WILLIAMS
`3093m
`Status
`
`No
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address--
`All claims being allowable, PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application.
`If not included
`herewith (or previously mailed), a Notice of Allowance (PTOL-85) or other appropriate communication will be mailed in due course. THIS
`NOTICE OF ALLOWABILITY IS NOT A GRANT OF PATENT RIGHTS. This application is subject to withdrawal from issue atthe initiative
`of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308.
`
`1. KJ This communication is responsive to ADSfiled 4/1/16.
`LIA declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2. (J An election was madebythe applicant in responsetoa restriction requirementsetforth during the interview on
`requirement and election have been incorporated into this action.
`
`; the restriction
`
`3. KJ The allowed claim(s) is/are 25-55. As a result of the allowed claim(s), you maybeeligible to benefit from the Patent Prosecution
`Highwayprogram at a participating intellectual property office for the corresponding application. For more information, please see
`
`nito://www,usoto.gov/patents/init events‘poh/index.iso or send an inquiry to FPHfeedback USGIO.gOoV .
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`
`
`
`4. F Acknowledgmentis madeof a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`
`Certified copies:
`“*c) [J None of the:
`a)OJ All
`b)[L) Some
`1. ] Certified copies of the priority documents have been received.
`2. C1 Certified copies of the priority documents have beenreceived in Application No.
`3. [1] Copiesof the certified copies of the priority documents have been receivedin this national stage application from the
`International Bureau (PCT Rule 17.2(a)).
`* Certified copies not received:
`
`Applicant has THREE MONTHS FROM THE “MAILING DATE”of this communication to file a reply complying with the requirements
`noted below. Failure to timely comply will result in ABANDONMENT ofthis application.
`THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.
`
`5. [J] CORRECTED DRAWINGS( as “replacement sheets”) must be submitted.
`C1
`including changes required by the attached Examiner’s Amendment / Commentor in the Office action of
`Paper No./Mail Date
`.
`Identifying indicia such as the application number (see 37 CFR 1.84(c)) should be written on the drawingsin the front (not the back) of
`each sheet. Replacement sheet(s) should be labeled as such in the header according to 37 CFR 1.121(d).
`
`6. [] DEPOSIT OF and/or INFORMATIONaboutthe deposit of BIOLOGICAL MATERIAL must be submitted. Note the
`attached Examiner's comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.
`
`Attachment(s)
`1. [J Notice of References Cited (PTO-892)
`2. [] Information Disclosure Statements (PTO/SB/08),
`Paper No./Mail Date
`3. [] Examiner's Comment Regarding Requirement for Deposit
`of Biological Material
`4. (1 Interview Summary (PTO-413),
`Paper No./Mail Date
`
`5. Examiner's Amendment/Comment
`6. KJ Examiner's Statement of Reasons for Allowance
`
`7. OJ Other
`
`.
`
`.
`
`U.S. Patent and Trademark Office
`
`PTOL-37 (Rev. 08-13)
`20160420
`
`Notice of Allowability
`
`Part of Paper No./Mail Date
`
`

`

`Application/Control Number: 14/195,435
`
`Art Unit: 3993
`
`Page 2
`
`The present application is being examined underthe pre-AJAfirst to invent provisions. !
`
`Allowable Subject Matter
`
`Claims 25-55 are allowed.
`
`The following is an examiner’s statement of reasons for allowance: regarding new
`
`independent claims 25 and 52 and thereby dependent claims 26-42, 44-50 and 53-55, the prior
`
`art fails to teach, amongall the limitations, maintaining the distal end portion of the tubular
`
`structure of the guide extension catheter in position beyond the distal end of the guide catheter;
`
`and while maintaining the distal end of the guide extension catheter positioned beyondthe distal
`
`end of the guide catheter, advancing a balloon catheter or stent at least partially through the
`
`guide catheter and the guide extension catheter and into the coronaryartery, including advancing
`
`the balloon catheter or stent through a hemostatic valve associated with a proximal end of the
`
`guide catheter.
`
`Regarding new independentclaims 43 and 51, the priorart fails to teach, amongall the
`
`limitations, a method including advancing a distal end of a guide catheter, advancing a distal end
`
`of a guide extension catheter through, and beyondthedistal end of, the guide catheter while a
`
`segmentdefining a side opening of the guide extension catheter and a proximalend of a tubular
`
`structure of the guide extension catheter remain within the guide catheter in combination with
`
`advancing the treatmentcatheter at least partially through the side opening includes advancing
`
`"Tt is noted that while the examination of the currentreissue application falls under the pre-AIAfirst to invent
`provisions dueto the filing date of US Patent No. 8,292,850 (‘the “850 patent”); the application for reissue filing
`date is after September 16, 2012 and therefore is subjectto the reissue rule changes enacted under the Leahy-Smith
`American Invents Act (AIA), see Federal Register, Vol. 77, No. 157, pg. 48820, August 16, 2012.
`
`

`

`Application/Control Number: 14/195,435
`
`Art Unit: 3993
`
`Page 3
`
`the treatment catheter through a structure having an arcuate cross-sectional shape extending for a
`
`length of 15cm.
`
`Theprior art most similar is to Adamset al. US Pub # 2004/0010280 (“Adams ‘280”’)
`
`and to Adamset al US Pat. # 5,527,292 (“Adams ‘292”). Applicant’s arguments regarding these
`
`two references on pages 25-40 in their response filed 12/18/15 are persuasive and are
`
`incorporated by reference. Additionally, while paragraph [0061] of Adams ‘280 states that the
`
`embolic protection device could be an occlusive device such as a balloon, figures 2B and 2C in
`
`conjunction with paragraph 0064clearly state that the embolic protection device is advanced into
`
`the guide seal when the guidesealisstill within the guide catheter. This disclosed advancement
`
`of the embolic protection device does not read on “while maintaining the distal end of the guide
`
`extension catheter positioned beyondthe distal end of the guide catheter, advancing a balloon
`
`catheter or stent at least partially through the guide catheter and the guide extension catheter and
`
`into the coronary artery, including advancing the balloon catheter or stent through a hemostatic
`
`valve associated with a proximal end of the guide catheter.”
`
`Noneofthe prior art of record discloses ““a method including advancinga distal end of a
`
`guide catheter, advancing a distal end of a guide extension catheter through, and beyond the
`
`distal end of, the guide catheter while a segment defining a side opening of the guide extension
`
`catheter and a proximal end of a tubular structure of the guide extension catheter remain within
`
`the guide catheter in combination with advancing the treatment catheter at least partially through
`
`the side opening includes advancing the treatment catheter through a structure having an arcuate
`
`cross-sectional shape extending for a length of 15cm.”
`
`

`

`Application/Control Number: 14/195,435
`
`Art Unit: 3993
`
`Page 4
`
`Any comments considered necessary by applicant must be submitted no later than the
`
`paymentof the issue fee and, to avoid processing delays, should preferably accompanythe issue
`
`fee. Such submissions should be clearly labeled “(Comments on Statement of Reasons for
`
`Allowance.”
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to CATHERINE S. WILLIAMSwhosetelephone numberis
`
`(571)272-4970. The examiner can normally be reached on Monday- Friday.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Lillis Eileen can be reached on 571/272-6928. The fax phone numberfor the
`
`organization where this application or proceeding is assigned is 571-273-8300.
`
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`
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`
`information system, call 800-786-9199 (IN USA OR CANADA)or 571-272-1000.
`
`/Catherine S. Williams/
`
`Primary Examiner, CRU 3993 Conferees: /CW/=/EDL/
`
`