DETAILED CORRESPONDENCE
Note: This office action is in response to communication filed on 04/29/2026.
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 .
Status of Claims
Claim(s) 1, 3-5, and 16-18 is/are pending in the application.
Claim(s) 1, 3-5, and 16-18 is/are examined on the merits.
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 04/29/2026 has been entered.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, or 365(c) is acknowledged.
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 04/29/2026 and 05/01/2026 in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) has/have been considered by the examiner.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 3-4, 8-10, and 16-17 is/are rejected under 35 U.S.C 103 as being unpatentable over Denville (US PAT 11406402) in view of Harhen (US PAT 5692729).
Regarding claim 1, Denville discloses a clot capture module for use in a thrombectomy system (a thrombus trap 200: ¶0248 and Fig. 18), the clot capture module (200) comprising:
a housing (Fig. 18);
a clot capture chamber in the housing (a trap chamber 224: ¶0249 and Fig. 18);
a window in the housing to permit visual inspection of the clot capture chamber (a portion of a transparent intermediate trap section 220: ¶0249 and Fig. 18);
a filter in the clot capture chamber (a trap filter 222: ¶0249 and Figs. 18-19), the filter being visible through the window (¶0249 and Fig. 18), the filter having an upstream surface and a downstream surface (Figs. 18-19);
an incoming flow path (an inflow section 210: ¶0249 and Fig. 18) configured to direct incoming blood from an aspiration catheter against the upstream surface of the filter (¶0248-0249);
an aspiration control valve in the incoming flow path (a controller 10: ¶0222; Figs. 14-15 and 18), the aspiration control valve configured to block flow of incoming aspirated blood until actuated to permit inflow of aspirated blood (¶0223 and 0237); and
an outgoing flow path (an outflow section 230: ¶0249 and Fig. 18) configured to direct blood from a downstream side of the filter to a remote vacuum canister (the outflow section 230 fluidically connects to a vacuum pump 80 and any associated vacuum pump reservoir 82: ¶0249).
Denville does not disclose the aspiration control valve comprising collapsible tubing.
In an analogous art for being directed to solve the same problem, having a flow control valve to block or permit fluid flow, Harhen discloses an aspiration control valve (a pressure-equalized valve 10: Col. 5, lines 20-33 and Figs. 1-2) comprising a valve actuator 36, a spring clamp 28, and a collapsible tubing (a resilient tube 26: Col. 5, line 60 – Col. 6, line 31; and Figs. 1-2) for the benefit of controlling fluid flow from an inlet port to outlet port (Col. 3, line 58 – Col. 4, line 5).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to substitute the aspiration control valve as disclosed by Denville with the aspiration control valve comprising collapsible tubing disclosed by Harhen, in order to control fluid flow through inlet port to outlet port, as suggested in Col. 3, line 58 – Col. 4, line 5 of Harhen.
Regarding claim 3, Denville further discloses the upstream surface of the filter is visible through the window (Fig. 18).
Regarding claim 4, Denville further discloses the upstream surface of the filter is substantially planar (Fig. 18).
Regarding claim 8, Denville further discloses the window comprises a transparent tubular portion of the housing (Fig. 18).
Regarding claim 9, Denville further discloses an aspiration actuator (a compressor-actuator 40: ¶0210) configured to control the aspiration control valve (¶0210 and 0215).
Harhen also discloses the aspiration control valve 10 comprising an aspiration actuator 36 (see rejection of claim 1 above).
Regarding claim 10, Denville does not disclose the aspiration actuator comprising a rocker switch.
Harhen further discloses the actuator 36 comprising a rocker switch (a spring clamps 28: Col. 5, line 60 – Col. 6, line 13 and Figs. 1-2) for the benefit of assisting in controlling fluid flow by moving away from the collapsible tubing or pressing into the collapsible tubing (Col. 5, line 60 – Col. 6, line 31 and Col. 7, lines 1-15).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to substitute the aspiration control valve as disclosed by Denville with the aspiration control valve comprising an aspiration actuator with a rocker switch disclosed by Harhen, in order to assist in controlling fluid flow by moving away from the collapsible tubing or pressing into the collapsible tubing, as suggested in Col. 5, line 60 – Col. 6, line 31 and Col. 7, lines 1-15 of Harhen.
Regarding claim 16, Denville further discloses a proximal housing (at/near the inflow section 210: Fig. 18), and a distal housing (at/near the outflow section 230: Fig. 18) separated by a transparent tubular side wall (a part of transparent intermediate trap section 220: Fig. 18).
Regarding claim 17, Denville/Harhen discloses the claimed invention except for having at least one of the proximal housing and distal housing releasably connected to the transparent tubular side wall.
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have/make at least one of the proximal housing and distal housing of Denville/Harhen releasably connected to the transparent tubular side wall, since it has been held that constructing formerly integral structure in various elements involves only routing skill in art. One would have been motivated to make at least one of the proximal housing and distal housing releasably connected to the transparent tubular side wall in order to facilitate maintenance and disassembly (see MPEP § 2144.04 (V) (C)).
Claim(s) 5 is/are rejected under 35 U.S.C 103 as being unpatentable over Denville (US PAT 11406402) in view of Harhen (US PAT 5692729), as applied to claim 1 above, and further in view of Mills (US PGPUB 20180333520).
Regarding claim 5, Denville/Harhen does not disclose the upstream surface of the filter is convex, but Denville further discloses/suggests the filter 222 has any structure what is able to separate fluid from particulate matter by allowing the fluid to pass through the structure while preventing the particular matter from passing through (¶0249).
In an analogous art for being directed to solve the same problem, filtering and collecting debris collected through suction line, Mills discloses a removable manifold 46 for a medical/surgical waste collection system (Abstract and Fig. 2). Mills further discloses a filter assembly comprising a filter element/basket 166 and wherein the filter element/basket 166 is convex (¶0071) for the benefit of collecting debris collected through suction line while allowing fluids to pass through (¶0071).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the clot capture module of Denville/Harhen in view of Mills by having the upstream surface of the filter convex, in order to collect debris collected through suction line while allowing fluids to pass through, as suggested in ¶0071 of Mills and as it has been held that a mere change in shape of an element is generally recognized as being within the level of ordinary skill in art when the change in shape is not significant to the function of the combination. (See MPEP § 2144.04 (IV) (B)).
Claim(s) 18 is/are rejected under 35 U.S.C 103 as being unpatentable over Denville (US PAT 11406402) in view of Harhen (US PAT 5692729), as applied to claim 1 above, and further in view of Hastings (US PAT 5873835).
Regarding claim 18, Denville/Harhen does not disclose a coating to inhibit blood accumulation on an interior surface of the window.
In an analogous art for being directed to solve the same problem, preventing accumulation of blood on a surface of a medical device, Hastings discloses an intravascular device for measuring blood pressure and flow (Abstract). Hastings further discloses/suggesting coating a sensor with a hydrophilic copolymer to prevent the coagulation and accumulation of blood thereon (Col. 15, lines 50-55).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the clot capture module of Denville/Harhen in view of Hastings by providing a coating on an interior surface of the window, in order to prevent accumulation of blood on a surface of the window, as suggested in Col. 15, lines 50-55 of Hastings.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NHU Q TRAN whose telephone number is (571)272-2032. The examiner can normally be reached Monday-Thursday 8:00-5:00 (PST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, SARAH AL-HASHIMI can be reached at (571) 272-7159. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NHU Q. TRAN/Examiner, Art Unit 3781
/ANDREW J MENSH/Primary Examiner, Art Unit 3781
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