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 .
This office action is in response to applicant’s communication of 6/22/2026. Currently elected claims 1-7 are pending and rejected below.
Election/Restrictions
Claims 8-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Group II, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 6/22/2026.
Applicant's election with traverse of Group I claims 1-7 in the reply filed on 6/22/2026 is acknowledged. The traversal is on the ground(s) that the search of group I would result in relevant subject mater to group II. This is not found persuasive because the methods for forming group II and the apparatus of group I have different structures, configurations, and methodologies that are unrelated to one another and a search of these differences would be a burdensome and time-consuming search.
The requirement is still deemed proper and is therefore made FINAL.
Applicant is reminded that upon the cancelation of claims to a non-elected invention, the inventorship must be corrected in compliance with 37 CFR 1.48(a) if one or more of the currently named inventors is no longer an inventor of at least one claim remaining in the application. A request to correct inventorship under 37 CFR 1.48(a) must be accompanied by an application data sheet in accordance with 37 CFR 1.76 that identifies each inventor by his or her legal name and by the processing fee required under 37 CFR 1.17(i).
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-5, and 7 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by CASEY et al. (US 2021/0154433 A1).
Casey teaches a clot capture catheter (see abstract) comprising: an elongate tubular shaft (see figures 1-8b for examples) comprising a proximal end (near 104 or 104b), a distal end (near 104a), a lumen (104c), a tubular support (see para [0052 and tubular support such as a polymeric and or braided construction), an inner layer (104) disposed within the tubular support, and an outer layer (102) disposed over the tubular support; and a distal tip (as in figure 8c for example) section extending distally from the elongate tubular shaft, the distal tip section comprising a first layer (innermost 110 layer as in figure 8c) and a third layer (outermost 110 layer) comprising an elastomeric material, and a second layer (layer in between 110 layers as shown in figure 8c) comprising a polymer material, the second laver disposed between the first laver and the third layer (see figure 8c), the second laver having an outer surface and an inner surface (see paras [0079]-[0082]).
Concerning claim 2 and the first layer and the third layer are joined at a distal end of the distal tip section (see figure 8c and 110 layers joined to one another).
Concerning claim 3 and the tubular support comprises a braid (see para [0052 and tubular support such as a polymeric and or braided construction).
Concerning claim 4 and the first layer comprises a proximal terminate within the distal tip section (see figure 8c and 110 and the proximal terminate within the distal tip section).
Concerning claim 5 and the distal tip section comprises a funnel shape such that a diameter of a distal end of the distal tip section is greater than a diameter of a proximal end of the distal tip section (note funnel shaped tip section as in figures 8b and 8c).
Concerning claim 7 and the third layer of the distal tip section and the outer layer of the elongate tubular shaft are contiguous (see figures 10-10b and note contiguous tip section and shaft).
Claim Rejections - 35 USC § 103
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(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over CASEY et al. (US 2021/0154433 A1).
Concerning claim 6 and the outer surface and at least a distal portion of the inner surface of the second layer is chemically etched. Casey discloses the claimed invention except for explicitly stating that the method of forming the inner surface is by chemically etching. It would have been an obvious matter of design choice to form a surface by chemically etching since applicant has not disclosed that chemically etching the surface solves any stated problem or is for any particular purpose and it appears that the invention would perform equally well with the surface as disclosed by Casey. Further, it would have been obvious to one having ordinary skill in the art at the time the invention was made to form a surface by chemically etching since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960). A PHOSITA would know to form the surface of a catheter by chemically etching or a known technique to form a smooth surface to adhere to another layer and not have rough edges that can inhibit connections.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHILLIP A GRAY whose telephone number is (571)272-7180. The examiner can normally be reached M-F 9-5 EST (FLEX).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Tsai can be reached at (571)270-5246. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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PHILLIP A. GRAY
Primary Examiner
Art Unit 3783
/PHILLIP A GRAY/Primary Examiner, Art Unit 3783
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