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 5/26/2023. Currently claims 1-20 are pending and rejected below.
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.
(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)1-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Bonnette et al. (US 6,676,637 B1).
Bonnette discloses a catheter (figures 2-9) comprising: an elongate shaft (48a) including a distal section (66), a middle section (72), a proximal section (32), and a lumen (interior of device), the middle section including a first inner diameter (near 56 for example), at least a portion of the distal section (66) including a second inner diameter (near 82 as in figure 8) that is smaller than the first inner diameter, wherein the lumen is configured to couple to an aspiration system (see description describing vacuum) to provide aspiration to a target site via the lumen; and an instrument base (portion of the device that moves tube 42) coupled to the elongate shaft and configured to control actuation of the elongate shaft (compare figure 7-8 movement).
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Concerning claim 2 and a ratio of the second inner diameter to the first inner diameter is within a range of .5 to .9 (see figure 8 and first and second diameters).
Concerning claim 3 and a longitudinal length of the at least the portion of the distal section that includes the second inner diameter is less than the second inner diameter (see figure 8 and second diameter compared to the longitudinal length which appears to be less than the diameter).
Concerning claim 4 and the distal section of the elongate shaft includes a first portion (near 82 as in figure 8) and a second portion that is distal to the first portion, the first portion including the second inner diameter (near 82 as in figure 8), the second portion (topmost part near 66 and 84 as in figure 8) including a third inner diameter (topmost part near 66 and 84 as in figure 8) that is larger than the second inner diameter.
Concerning claim 5 and a longitudinal length of the first portion is less than the second inner diameter (see figure 8 and the upper cone section near 84 appears longer in length than the lower 82 portion).
Concerning claim 6 and the elongate movement member (42 or 57 in the alternative) slidably disposed in a wall lumen in the elongate shaft, the elongate movement member being coupled to the first portion (as in figure 8); wherein the instrument base (portion of the device that moves tube 42) is configured to manipulate the elongate movement member to control actuation of the elongate shaft.
Concerning claim 7 and the distal section of the elongate shaft is removably coupled to the middle section of the elongate shaft (see figures 5, and 8-9).
Concerning claim 8 Bonnette discloses an aspiration catheter (figures 2-9) comprising: an elongate shaft (48a) configured to couple to an aspiration system, the elongate shaft including a proximal portion (32), a medial portion (near 56), a tip portion (66), and a lumen (interior of device) extending from the proximal portion to the tip portion, the medial portion including a first inner diameter (near 56 for example), that is larger than a second inner diameter (near 82 as in figure 8) of the tip portion, the tip portion being configured to removably receive debris within a patient (see description describing vacuum); and an instrument handle (portion of the device that moves tube 42) coupled to the elongate shaft and configured to manipulate the elongate shaft to control actuation of the elongate shaft (as in figures 7-9).
Concerning claim 9 and the tip portion includes at least one of a counterbore or a countersink (see countersink portion near 84).
Concerning claim 10 and a length of the tip portion is less than the second inner diameter of the tip portion (see figure 8 and second diameter compared to the longitudinal length which appears to be less than the diameter).
Concerning claim 11 and wherein a ratio of the second inner diameter of the tip portion to the first inner diameter of the medial portion is within a range of .5 to .9 (see figure 8 and first and second diameters).
Concerning claim 12 and a pull wire (42) slidably disposed in a wire lumen (interior of 72) in the elongate shaft, the pull wire being coupled to the tip portion (66); wherein the instrument handle is configured to manipulate the pull wire to control actuation of the elongate shaft (see movement as in figures 7-9).
Concerning claim 13 and the tip portion (66) includes a first portion (near 82) and a second portion (near 84) that is distal to the first portion, the first portion including the second inner diameter, the second portion including a third inner diameter (near 84) that is larger than the second inner diameter (compare diameter near 82 to 84).
Concerning claim 14 and the tip portion includes one or more orientation markings (note radiopaque markers near 57).
Concerning claim 15 Bonnette discloses an elongate shaft including a proximal portion (32), a medial portion (56), a tip portion (66), and a first lumen (interior of device) extending from the proximal portion to the tip portion, the medial portion including a first inner diameter (near 56 for example) that is larger than a second inner diameter (near 82 as in figure 8) of the tip portion, the first lumen being configured to couple to an aspiration system (see description describing vacuum) to provide aspiration to a target site via the first lumen; and an elongate movement member (42) slidably disposed in a second lumen (interior of 22 in one example) in the elongate shaft, the elongate movement member being coupled to the tip portion and configured to control actuation of the elongate shaft (see figures 7-9 for examples).
Concerning claim 16 and wherein a ratio of the second inner diameter to the first inner diameter is within a range of .5 to .9 (see figure 8 and first and second diameters).
Concerning claim 17 and the tip portion includes a first section (near 82) and a second section (near 84) that is distal to the first section, the first section including the second inner diameter, the second section including a third inner diameter (near 84 side) that is larger than the second inner diameter (near 82 side as in figure 7 for example).
Concerning claim 18 and wherein a longitudinal length of the first section is less than the second inner diameter (see figure 8 and the upper cone section near 84 appears longer in length than the lower 82 portion).
Concerning claim 19 and the tip portion has a fracture toughness greater than or equal to 2 (see paragraphs at column 9 lines 7-42 discussing the materials that the device may be made from and that these materials have fracture toughness greater than or equal to 2).
Concerning claim 20 and the tip portion includes at least one of stainless steel, titanium, tungsten, aluminum alloy, iron alloy, steel alloy, titanium alloy, or tungsten alloy (see paragraphs at column 9 lines 7-42 and materials)
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