Patent 12109384
Obviousness
Combinations of prior art that suggest the claimed invention would have been obvious under 35 U.S.C. § 103.
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Obviousness
Combinations of prior art that suggest the claimed invention would have been obvious under 35 U.S.C. § 103.
Based on an analysis of the claims and description of U.S. Patent No. 12,109,384, a strong case for obviousness under 35 U.S.C. § 103 could be constructed by combining prior art references that teach the core components of the invention: a constricting filament mechanism for sealing, a reinforced flexible tube, and a manual actuator. A Person Having Ordinary Skill in the Art (PHOSITA) in the field of medical devices, particularly intravascular catheters and valves, would have been motivated to combine these known elements to achieve the predictable result of a durable, reliable hemostasis valve.
Analysis of Key Claim Elements
The inventive concept of US 12,109,384, particularly as described in independent claim 1, centers on a specific combination of features in a hemostatic valve:
- A Pliable, Elongate Tubular Member: A soft, collapsible tube forming the main lumen of the valve (e.g.,
elongate member 132). - A Filament-Based Tensioning Mechanism: At least one filament that extends around the tubular member to constrict and seal it (e.g.,
at least one filament 150). This is referred to as a "garrote" style mechanism in the specification. - A Reinforcement Structure: A structure, such as a
braided mesh, that extends along the tubular member (e.g.,reinforcement structure 320). - Specific Placement and Coupling of the Reinforcement: The reinforcement structure is critically positioned between the constricting filament and the pliable tubular member. Furthermore, it is coupled to the tubular member at its ends (
proximate to the first endandsecond end) but is uncoupled from the tubular member in the middle section where the constriction occurs. - An Actuator: A user-operated mechanism, such as depressible buttons, to control the tension on the filament (e.g.,
actuator 142).
Obviousness Combination Argument
An examiner could argue that the claims of patent '384 are obvious over a primary reference teaching a basic filament-based constriction valve, in combination with a secondary reference teaching the use and construction of reinforced medical tubing.
Primary Reference: A hypothetical prior art reference, hereafter "Abbott," which discloses a hemostasis valve that uses a filament loop to constrict a simple, soft silicone tube. The purpose of Abbott is to provide an adjustable seal around various-sized instruments. Abbott's actuator is a simple slide or dial that pulls on the ends of the filament to tighten the loop. However, Abbott's valve suffers from a known durability problem: under repeated use, the high-tension filament can cut into or cause premature wear on the soft silicone tube, leading to seal failure.
Secondary Reference: A second hypothetical prior art reference, "Scimed," which teaches the construction of high-performance catheter shafts. Scimed discloses that to improve kink resistance and radial strength without sacrificing flexibility, a soft inner polymer tube can be covered with a braided mesh reinforcement layer, which is then covered by an outer polymer jacket. Scimed teaches that this braided layer provides radial support and distributes forces applied to the catheter wall. It describes methods of bonding the braid at the proximal and distal ends of a catheter segment.
Motivation to Combine and Reasonable Expectation of Success
A PHOSITA, starting with the Abbott valve, would recognize the problem of the filament damaging the soft tubular member. This is a common failure mode when a thin, high-pressure element acts on a soft material. To solve this problem of durability and premature wear, the PHOSITA would be motivated to reinforce the section of the tube being constricted.
The PHOSITA would look to the established art of reinforcing flexible medical tubing for a solution and would find Scimed. Scimed explicitly teaches the use of a braided mesh to provide radial strength and distribute forces, which is exactly what is needed to prevent the filament in Abbott from cutting into the soft tube. The motivation to combine is therefore clear: to improve the durability and lifespan of the Abbott valve by incorporating the known reinforcement technique from Scimed.
A PHOSITA would have a reasonable expectation of success in this combination. The proposed modification would involve:
- Selecting the pliable tube from Abbott.
- Placing a braided mesh layer, as taught by Scimed, over the pliable tube.
- Assembling the filament constrictor from Abbott around this newly reinforced tube.
The placement of the braid between the filament and the tube is the most logical and inherent arrangement to achieve the goal of protecting the tube. This configuration directly addresses the identified problem by having the reinforcement layer bear and distribute the compressive load from the filament.
Furthermore, the specific claim limitation that the reinforcement is uncoupled from the tubular member in the constriction zone would be an obvious design choice to make the valve functional. A PHOSITA would understand that for the soft inner tube to collapse and form a seal, it must be able to move freely inward. If the braided mesh were bonded to the tube in the constriction zone, it would stiffen the tube and prevent the very collapse needed for sealing. Therefore, to enable the intended function of the valve (sealing), the PHOSITA would have been motivated to couple the braid only at the ends (as described in Scimed for catheter construction) while leaving it uncoupled in the central, active sealing region. This is not an inventive leap but rather a necessary, and therefore obvious, modification to ensure the combined elements work for their intended purpose.
As described in patent '384, this uncoupled arrangement "can facilitate and improve the collapse of the elongate member 132" (FIG. 4, Description). This admission of function demonstrates that the arrangement is a solution to a known engineering problem, which a PHOSITA would have been capable of solving with known techniques.
Conclusion:
The combination of a primary reference like Abbott (teaching a filament-constricting valve) and a secondary reference like Scimed (teaching braided reinforcement for medical tubes) would render the claims of US 12,109,384 obvious. A PHOSITA would be motivated to combine these teachings to improve the durability of the valve, and the specific arrangement of an uncoupled reinforcement layer between the filament and the pliable tube would be an obvious implementation detail necessary to achieve the desired sealing function with a reasonable expectation of success.
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