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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after allowance or after an Office action under Ex Parte Quayle, 25 USPQ 74, 453 O.G. 213 (Comm'r Pat. 1935). Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant's submission filed on 10MAR2026 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 12 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 12 recites the limitation “at least about 30 inches in length” which presents an unclear approximation, and is therefore indefinite. As there is nothing in the specification, prosecution history, or the prior art to provide any indication as to what range of specific activity is covered by the term “about”, the limitation is considered indefinite. Amgen, Inc. v.Chugai Pharmaceutical Co., 927 F.2d 1200, 18 USPQ2d 1016 (Fed. Cir. 1991).
Allowable Subject Matter
Claims 1, 3, 4, 7-11, and 13-21 are allowed.
The closest prior art of record is Deville (US PAT 11406402) and US 20240074771 A1 (Quick et al.).
Denville discloses a clot capture module 200 for use in a thrombectomy system (Col. 30, lines 16-55 and Fig. 18), the clot capture module (200) in combination with a vacuum line leading to an aspiration pump and a canister (a vacuum line leading to a vacuum pump 80 and a standard aspiration canister: Col. 41, lines 22-31). Denville further discloses the clot capture module (200) comprising: a housing (a housing of 200: Fig. 18); a clot capture chamber in the housing (a trap chamber 224: Col. 30, lines 27-57 and Fig. 18); a window in the housing to permit visual inspection of the clot capture chamber (200 is see-through: Col. 30, line 65 – Col. 31, line 3); and a filter in the clot capture chamber (a filter 222: Col. 30, lines 27-57 and Fig. 18). Deville does not disclose a filter comprising a blood permeable membrane, the upstream surface being convex and being on a radially outwardly facing surface of the blood permeable membrane. Deville therefore fails to teach the claimed device, alone or in combination.
Quick similarly teaches a clot capture module considered generally representative of the art, the device comprising a windowed housing comprising a filter. Quick fails to teach the filter comprising a blood permeable membrane, the upstream surface being convex and being on a radially outwardly facing surface of the blood permeable membrane. Quick therefore fails to teach the claimed device, alone or in combination.
While housings with a transparent window are well-known in the art, the instant device claims a filter and membrane structure within said housing that was not found in the prior art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HANS KALIHER whose telephone number is (303)297-4453. The examiner can normally be reached Monday-Friday 08:00-05:00 MT.
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/HANS KALIHER/Examiner, Art Unit 3781
/JESSICA ARBLE/Primary Examiner, Art Unit 3781
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