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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 04/22/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Election/Restrictions
Applicant's election with traverse of Group I, claims 1-5 in the reply filed on 04/22/2026 is acknowledged. The traversal is on the ground(s) that as evidenced by the overlap in various features between the elected Group I apparatus claims and the non- elected Group III method claims, it is respectfully submitted that the search and examination of at least Groups I and III could be performed without serious burden. The arguments are not persuasive because Group I is drawn to a fluid perfusion apparatus and Group III is drawn to a fluid perfusion method where each group has claims with divergent subject matter, thus leading to employing different search strategies or search queries.
The requirement is still deemed proper and is therefore made FINAL.
Response to Amendment
This office action is responsive to the amendment filed on 04/22/2026. As directed by the amendment: claims 3-5 have been amended.
Thus, claims 1-20 are pending in this application with claims 6-20 being withdrawn.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description:
Reference number 27b found in para 0065, line 5 is not in the drawings.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 2, 4 and 5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Casey et al (US 20200345904 A1).
Regarding claim 1, Casey et al disclose a fluid perfusion apparatus (1700, fig 17), comprising: a suction conduit (1702) for suctioning a fluid from inside a living body (para 0001, 0007); a suction source (1766) connected to the suction conduit and configured to suction the fluid at a first flow velocity via the suction conduit (para 0017-18, 0115 and 0132); a suction control apparatus (1720) connected to the suction conduit (fig 17) and configured to control a flow of the fluid suctioned via the suction conduit (para 0039 and 0115); and a control circuit (1740) configured to control the suction control apparatus (para 0115), wherein the control circuit is configured to perform control for reversing the flow of the fluid that is suctioned via inside the suction conduit by the suction control apparatus, to generate a backflow (para 0039), after controlling suction at the first flow velocity by the suction source for a predetermined period of time and to cause the suction control apparatus to perform re-suction at a second flow velocity that is greater than the first flow velocity after continuing the backflow for the predetermined period of time (para 0116-118, examiner notes: in [0116]: the electrical actuator can be programmed to have a set of flow rates and/or predetermined sequences of valve opening positions, thus suction can be programmed to suction based flow rates set by the user via electrical actuator of the interface and para 0131-135).
Regarding claim 2, Casey et al disclose the fluid perfusion apparatus according to claim 1, wherein the suction control apparatus is configured to consecutively perform the backflow and the re-suction at the second flow velocity (para 0132-134).
Regarding claim 4, Casey et al disclose the fluid perfusion apparatus according to claim 1, wherein the suction control apparatus (1720) is constituted of a syringe (414, fig 2) connected to the suction conduit (para 0006-0007), and wherein the backflow is generated by pushing the syringe and the re-suction at the second flow velocity is generated by pulling the syringe (para 0004, 0129-0133).
Regarding claim 5, Casey et al disclose the fluid perfusion apparatus according to claim 2, wherein the suction control apparatus is constituted of a syringe (414) connected to the suction conduit (para 0006-0007 and fig 4) and a drive mechanism (plunger of syringe) configured to push the syringe inward, and wherein the backflow and the re-suction at the second flow velocity are consecutively performed by driving the drive mechanism (para 0129-0133).
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 (i.e., changing from AIA to pre-AIA ) 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.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Casey et al (US 20200345904 A1) in view of Kume et al (US 20160296690 A1).
Regarding claim 3, Casey et al disclose the limitations of claim 1 but fail to teach said fluid perfusion apparatus, comprising; a fluid detection apparatus configured to detect a flow rate of the fluid that flows through the suction conduit or an internal pressure of the suction conduit, wherein the control circuit is configured to control the suction control apparatus and change a magnitude of the backflow and a magnitude of the re-suction at the second flow velocity based on a detection result of the fluid detection apparatus.
Casey et al disclose the aspiration control device include an electrical actuator that can be used to switch on or off the vacuum to allow the vacuum to build to give sudden and significant pressure changes in the catheter to help get improved engagement and removal of challenging thrombus (para 0041).
However, Kume et al disclose an apparatus (100) comprising suction conduit (120), a suction control suction apparatus (125) and a control circuit (1130) and further comprising; a fluid detection apparatus (1135, see fig 11) configured to detect a flow rate of the fluid that flows through the suction conduit or an internal pressure of the suction conduit (para 0160-63), wherein the control circuit is configured to control the suction control apparatus and change a magnitude of the backflow and a magnitude of the re-suction at the second flow velocity based on a detection result of the fluid detection apparatus (para 0142 and para 0162-64).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the apparatus of Casey et al and incorporate the teachings of Kume et al to comprise a fluid detection apparatus configured to detect a flow rate of the fluid that flows through the suction conduit or an internal pressure of the suction conduit, wherein the control circuit is configured to control the suction control apparatus and change a magnitude of the backflow and a magnitude of the re-suction at the second flow velocity based on a detection result of the fluid detection apparatus. This would provide the benefit of adjusting the flow rate of the backflow and a magnitude of the re-suction such that the flow rate is maintained at a constant state despite differing fluid pressures without relying on the user intervention (para 0164).
Conclusion
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/FATIMATA SAHRA DIOP/Examiner, Art Unit 3783
/BHISMA MEHTA/Supervisory Patent Examiner, Art Unit 3783
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