Ex Parte Terwey et al

Patent Trials and Appeals Board

Jan 2, 2019

14201141 - (D) (P.T.A.B. Jan. 2, 2019)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE
14/201,141 03/07/2014
94678 7590 01/04/2019
Armstrong Teasdale LLP (32736)
7700 Forsyth Boulevard
Suite 1800
St. Louis, MO 63105
FIRST NAMED INVENTOR
Russell D. Terwey
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 DOCKET NO. CONFIRMATION NO.
CD-928US 6408
EXAMINER
BEHRINGER, LUTHER G
ART UNIT PAPER NUMBER
3793
NOTIFICATION DATE DELIVERY MODE
01/04/2019 ELECTRONIC
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
following e-mail address(es):
USpatents@armstrongteasdale.com
ASJM_Patents@abbott.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte RUSSELL D. TERWEY 1
Appeal2018-000428
Application 14/201, 141
Technology Center 3700
Before MICHAEL L. HOELTER, JAMES P. CALVE, and
JEREMY M. PLENZLER, Administrative Patent Judges.
CAL VE, Administrative Patent Judge.
DECISION ON APPEAL
STATEMENT OF THE CASE
Appellant appeals under 35 U.S.C. § 134(a) from the Office Action
finally rejecting claims 1-3, 5-8, and 10. Appeal Br. 1. We have
jurisdiction under 35 U.S.C. § 6(b ).
We REVERSE.
1 St. Jude Medical, Cardiology Division, Inc., is identified as the real party
in interest (Appeal Br. 1) and is the Applicant pursuant to 37 C.F.R. § 1.46.
Appeal2018-000428
Application 14/201, 141
CLAIMED SUBJECT MATTER
Claims 1 and 6 are independent, with claim 1 reproduced below.
1. A catheter system comprising:
a handle;
an elongate hollow shaft having a proximal end
connected to the handle and a distal end remote from the
handle;
a working component carried by the shaft and having at
least one characteristic that is adjustable;
an actuator rotatably mounted on the handle for
selectively adjusting at least one characteristic of the working
component, wherein the actuator is operatively connected to a
radially extending lever disposed within the handle; and
a control line extending at least in part within the shaft,
the control line operatively coupling the actuator with the
working component such that rotation of the actuator relative to
the handle effects linear translation of the control line to adjust
the at least one characteristic of the working component,
wherein the working component comprises an electrode basket
adjustable between a collapsed configuration and an expanded
configuration, wherein rotating the actuator in a first direction
drives rotation of the lever to thereby increase tension on the
control line, causing the electrode basket to transition from the
collapsed configuration to the expanded configuration, and
wherein rotating the actuator in a second direction drives
rotation of the lever to thereby release tension on the control
line, causing the electrode basket to transition from the
expanded configuration to the collapsed configuration.
Appeal Br. 8 (Claims App'x.).
REJECTION
Claims 1-3, 5-8, and 10 are rejected under 35 U.S.C. § I03(a) as
unpatentable over Bednarek (US 2009/0105640 Al, pub. Apr. 23, 2009) and
Grunewald (US 2010/0168737 Al, pub. July 1, 2010).
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Appeal2018-000428
Application 14/201, 141
ANALYSIS
Independent claims 1 and 6 recite, respectively, a catheter system and
a method of controlling a catheter system. The claimed system and method
both require a rotatable actuator to be operatively connected or coupled to a
radially extending lever ( claim 1) or lever ( claim 6) that is disposed within
the handle. "[R ]otating the actuator in a first direction drives rotation of the
lever to thereby increase tension on the control line" and cause the electrode
basket to expand. 2 Appeal Br. 8-10 (Claims App's). "[R]otating the
actuator in a second direction drives rotation of the lever to thereby release
tension on the control line" and cause the electrode basket to collapse. Id.
The Examiner finds that Bednarek teaches a catheter system having a
handle 2 and actuator (adjusting knob 10) operatively coupled to external
threads 56, 58 of slides 30, 32 disposed within handle 2. Final Act. 4. The
Examiner finds that threads 56, 58 correspond to the claimed lever because
they satisfy dictionary definitions of "lever" which include "something used
to achieve a desired result," "[a] projecting handle used to adjust or operate a
mechanism," and "a rigid piece that transmits and modifies force or motion
when forces are applied at two points and it turns about a third." Ans. 2--4
( citing definitions of "lever" provided at www.the learnersdictionary.com,
www.thefreedictionary.com, and www.merriam-webster.com).
Appellant argues that the Examiner's finding that threads 56, 58 are a
lever is contrary to the ordinary meaning of lever interpreted in light of the
Specification, and it is contrary to the language of claims 1 and 6. We agree.
2 Claim 6 recites that "rotation of the actuator in a first direction drives
rotation of the lever to thereby increase tension on the control line" to cause
the electrode basket to expand. Appeal Br. 10.
3
Appeal2018-000428
Application 14/201, 141
Claims 1 and 6 both recite that rotating ( rotation of) the actuator in a
first and a second direction "drives rotation of the lever." Appeal Br. 8, 10.
The Specification describes lever arm 325 as extending radially outward
from worm gear 307 for operative connection with groove 329 in the inner
surface of annular actuator 37. Spec. ,r 55, Figs. 6, 9, 10. Thus, rotation of
annular actuator 37 drives rotation of worm gear 307 relative to worm gear
housing 301. Id. Threads 311 project outwardly from worm gear 301 and
seat in guide channels 333 of worm gear housing 301. Id. ,r 56, Fig. 10-12.
Therefore, threads 311 are operatively connected to worm gear housing 301,
and lever 325 is operatively connected to annular actuator 37, as claimed.
Even if Bednarek's threads 56, 58 could be considered levers, the
Examiner has not explained how rotation of knob 10 of Bednarek, which the
Examiner treats as the claimed actuator, drives rotation of threads 56, 58.
Ans. 2--4. Bednarek discloses that rotating knob 10 causes external threads
62, 64 within knob 10 to engage threads 56, 58 of right and left slides 30, 32
to displace the slides 30, 32 distally or proximally (i.e., in a longitudinal
direction) within handle 10. Bednarek ,r,r 70, 87, Figs. 10-13; Appeal Br. 6
(arguing that rotation of knob 10 "causes interaction of threads 56, 58 with
opposing threads 62, 64 to drive longitudinal movement of threads 56, 58
(and the slides 30, 32 to which they are attached)."); Reply Br. 2 (same).
Thus, we do not sustain the rejection of independent claims 1 or 6 or
their respective dependent claims 2, 3, 5, and 7, 8, and 10.
DECISION
We reverse the rejection of claims 1-3, 5-8, and 10.
REVERSED
4