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 .
Response to Amendment
Claims filed on January 29th, 2026 have been entered. Claims 1-9 and 11- 51 are pending in the application. Claims 5-9, 19- 37, and 47- 48 remain withdrawn for being drawn to an unelected invention. The amendment to claims 1-4, 10-18, 38- 46, and 49- 51 overcomes the previous claim objections.
Claim Objections
Claims 1-4, 11-18, 38-46, and 49-51 are objected to because of the following informalities:
Claim 1, Line 11 states “a distal portion” and Lines 12 and 15 state “the distal portion”, it is suggested to change this to “a distal end portion of the shaped distal portion” and for Lines 12 and 15 “the distal end portion of the shaped distal portion”. Although this limitation does not rise to a 112(b) rejection, the examiner suggests amending this language to further differentiate between the shaped distal portion and distal portion.
Claims 2-4 and 11- 18 are objected to for being dependent on or from objected claim 1.
Claim 38, Line 11 states “a distal portion” and Lines 12 and 15 state “the distal portion”, it is suggested to change this to “a distal end portion of the shaped distal portion” and for Lines 12 and 15 “the distal end portion of the shaped distal portion”. Although this limitation does not rise to a 112(b) rejection, the examiner suggests amending this language to further differentiate between the shaped distal portion and distal portion.
Claims 39 and 40 are objected to for being dependent on or from objected claim 38.
Claim 41, Line 14 states “a distal portion” and Lines 15 and 18 state “the distal portion”, it is suggested to change this to “a distal end portion of the shaped distal portion” and for Lines 15 and 18 “the distal end portion of the shaped distal portion”. Although this limitation does not rise to a 112(b) rejection, the examiner suggests amending this language to further differentiate between the shaped distal portion and distal portion.
Claims 42- 46 and 49- 51 are objected to for being dependent on or from objected claim 41.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The previous rejection of claims 1-2, 10-18, and 38- 40 under 35 U.S.C. 103 over Cully et al. (US 2006/0136043) in view of Lederman et al. (WO 2016/186880) and in view of Dubrul et al. (US 2004/0260333) has been withdrawn in light of applicant’s amendments; specifically Cully does not teach a distal end portion of the shaped distal portion adjacent to and distal from the intermediate portion, the distal end portion of the shaped distal portion curved in a second direction relative to the proximal portion such that, when viewed facing a distal end of the catheter with the intermediate portion extending left horizontally from the proximal portion, the distal portion of the shaped distal portion is angled upwardly from the plane.
The previous rejection of claim 3 under 35 U.S.C. 103 over Cully et al. (US 2006/0136043) in view of Lederman et al. (WO 2016/186880) and in view of Dubrul et al. (US 2004/0260333), as applied to claim 1, in further view of Macoviak et al. (US 6,361,545) has been withdrawn in light of applicant’s amendments; specifically Cully does not teach a distal end portion of the shaped distal portion adjacent to and distal from the intermediate portion, the distal end portion of the shaped distal portion curved in a second direction relative to the proximal portion such that, when viewed facing a distal end of the catheter with the intermediate portion extending left horizontally from the proximal portion, the distal portion of the shaped distal portion is angled upwardly from the plane.
The previous rejection of claim 4 under 35 U.S.C. 103 over Cully et al. (US 2006/0136043) in view of Lederman et al. (WO 2016/186880) and in view of Dubrul et al. (US 2004/0260333), as applied to claim 1, Weber et al. (US 2004/0204738) has been withdrawn in light of applicant’s amendments; specifically Cully does not teach a distal end portion of the shaped distal portion adjacent to and distal from the intermediate portion, the distal end portion of the shaped distal portion curved in a second direction relative to the proximal portion such that, when viewed facing a distal end of the catheter with the intermediate portion extending left horizontally from the proximal portion, the distal portion of the shaped distal portion is angled upwardly from the plane.
The previous rejection of claims 41- 46 and 51 under 35 U.S.C. 103 over Cully et al. (US 2006/0136043) in view of Dubrul et al. (US 2004/0260333) has been withdrawn in light of applicant’s amendments; specifically Cully does not teach a distal end portion of the shaped distal portion adjacent to and distal from the intermediate portion, the distal end portion of the shaped distal portion curved in a second direction relative to the proximal portion such that, when viewed facing a distal end of the catheter with the intermediate portion extending left horizontally from the proximal portion, the distal portion of the shaped distal portion is angled upwardly from the plane.
Claim(s) 1-2, 10- 18, 38- 46, and 51 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cully et al. (US 2006/0136043) in view of Dirusso et al. (US 2006/0041188) and in view of Dubrul et al. (US 2004/0260333).
Regarding claims 1 and 38, Cully teaches a clot treatment system (Figs. 9a- 9c)(Paragraphs 0074 and 0078) for treatment of clot material within a left atrial appendage of a human patient (As this language is functional, the structure of the device only needs to be able to accomplish the function, therefore as Cully teaches in Paragraph 0078 that the snare 91 can be used to retrieve biological material and that the device is used in the heart in Paragraph 0077, it would be able to treat clot material with a left atrial appendage.), comprising:
a catheter (97) including a proximal portion and a distal portion (see annotated Fig. 9b below);
a clot capture device (snare 91, catheter 93)(Paragraph 0078) configured to be positioned at least partially over an opening of the left atrial appendage to inhibit any of the clot material from leaving the left atrial appendage outside the catheter (As this language is functional, the structure of the device only needs to have the ability to complete the function, as Cully teaches that the device can be used within the heart (Paragraph 0077), the snare is able to expand to a larger size (Paragraph 0074), and capture biological material (Paragraph 0078), the clot capture device would be able to perform the function and therefore Cully teaches the limitation).
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Cully does not teach a shaped distal portion curved relative to the proximal portion, the shaped distal portion including an intermediate portion adjacent to and distal from the proximal portion, the intermediate portion curved relative to the proximal portion in a first direction relative to the proximal portion such that the proximal portion and the intermediate portion lie along a plane, and a distal end portion of the shaped distal portion adjacent to and distal from the intermediate portion, the distal end portion of the shaped distal portion curved in a second direction relative to the proximal portion such that, when viewed facing a distal end of the catheter with the intermediate portion extending left horizontally from the proximal portion, the distal portion of the shaped distal portion is angled upwardly from the plane, or a pressure source fluidly coupled to the catheter and configured to aspirate at least a portion of the clot material from the left atrial appendage via the shaped distal portion.
Dirusso (Dirusso et al.) teaches a system (Figs. 1- 6F) for treatment within a human patient (abstract; Paragraph 0038), comprising a catheter (endoscope 10) including a proximal portion (flexible shaft 14) and a shaped distal portion (front end 18) curved relative to the proximal portion (Paragraph 0044), the shaped distal portion including an intermediate portion (second active deflection section 36) adjacent to and distal from the proximal portion, the intermediate portion curved relative to the proximal portion in a first direction relative to the proximal portion such that the proximal portion and the intermediate portion lie along a plane (see annotated Figs. 6A and 6F below), and a distal end portion (first active deflection section 34) of the shaped distal portion adjacent to and distal from the intermediate portion, the distal end portion of the shaped distal portion curved in a second direction relative to the proximal portion such that, when viewed facing a distal end of the catheter with the intermediate portion extending left horizontally from the proximal portion, the distal portion of the shaped distal portion is angled upwardly from the plane (see annotated Figs. 6F below)(Paragraphs 0044 and 0058).
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It would have been obvious to one of ordinary skill in the art to modify the catheter of Cully to have a shaped distal portion, a distal end portion, and an intermediate portion with their respective curvature as taught by Dirusso, since Dirusso teaches that a user can manipulate the catheter to have the bends corresponding with the anatomy of the body and to aid in an operation (Paragraphs 0044 and 0059).
The combination does not teach a pressure source fluidly coupled to the catheter and configured to aspirate at least a portion of the clot material from the left atrial appendage via the shaped distal portion.
Dubrul (Dubrul et al.) teaches a similar system (94)(Figs. 8- 13 and 16- 18) for treatment of a clot within the heart of a patient (abstract and Paragraph 0106) comprising: a catheter (82) including a proximal portion and a distal portion (see annotated Fig. 16 below), a pressure source fluidly coupled to the catheter and configured to aspirate at least a portion of the clot material via the distal portion (Paragraph 0106), and a clot capture device (funnel element 66).
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It would have been obvious to one of ordinary skill in the art to modify the system as taught by the combination to have a pressure source fluidly coupled to the catheter as taught by Dubrul, since Dubrul teaches that the pressure source aids in retrieving an occlusion during a procedure (Paragraph 0106).
Regarding claim 2, Cully, Dirusso, and Dubrul make obvious the clot treatment system as discussed above.
Cully further teaches wherein the clot capture device (snare 91, catheter 93) includes an elongate member (catheter 93) and a funnel (snare 91, see Fig. 9b) coupled to the elongate member (Paragraph 0074), wherein the funnel is configured to transition between a low-profile delivery state and an expanded state (Paragraph 0074), and wherein the clot capture device is positionable within the catheter and configured to move relative to the catheter to transition the funnel between the low-profile delivery state and the expanded state (Figs. 9b and 9c show that the catheter 97, contains the clot capture device. When the clot capture device is fully within the catheter, the funnel would maintain a low-profile delivery state. Likewise, when the clot capture device is out of the catheter, as shown in Fig. 9b, the funnel would be able to assume an expanded state.).
Regarding claim 11, Cully, Dirusso, and Dubrul make obvious the clot treatment system, including the shaped distal portion, as discussed above.
As discussed above, it would have been obvious to one of ordinary skill in the art to modify the catheter of Cully to have a shaped distal portion, a distal end portion, and an intermediate portion with their respective curvature as taught by Dirusso, since Dirusso teaches that a user can manipulate the catheter to have the bends corresponding with the anatomy of the body and to aid in an operation (Paragraphs 0044 and 0059).
The combination further teaches wherein the first direction is coplanar with a longitudinal axis of the proximal portion and wherein the second direction is perpendicular to the first direction (In Paragraph 0044, as Dirusso teaches that the intermediate portion (second active deflection section 36) is limited to deflect in a first direction in a single plane relative to the handle which the proximal portion extends from (Paragraph 0039), and that the distal end portion (first active deflection section 34) is limited to deflection in a second direction in a plane that is substantially orthogonal at an angle of 90 degrees to the first plane, then Dirusso teaches that the second direction is perpendicular to the first direction and the first direction is coplanar with a longitudinal axis of the proximal portion.).
Regarding claim 12, Cully, Dirusso, and Dubrul make obvious the clot treatment system, including the shaped distal portion, as discussed above.
As discussed above, it would have been obvious to one of ordinary skill in the art to modify the catheter of Cully to have a shaped distal portion, a distal end portion, and an intermediate portion with their respective curvature as taught by Dirusso, since Dirusso teaches that a user can manipulate the catheter to have the bends corresponding with the anatomy of the body and to aid in an operation (Paragraphs 0044 and 0059).
The combination further teaches wherein the proximal portion and the intermediate portion define a plane, and wherein the second direction is perpendicular to the plane (In Paragraph 0044, Dirusso teaches that the intermediate portion (second active deflection section 36) is limited to deflect in a single plane defined by the proximal portion and the intermediate portion, and that the distal end portion (first active deflection section 34) is limited to deflection in a second direction in a plane that is substantially orthogonal at an angle of 90 degrees, or perpendicular relative to the defined plane.).
Regarding claims 13 and 14, Cully, Dirusso, and Dubrul make obvious the clot treatment system, including the shaped distal portion, as discussed above.
As discussed above, it would have been obvious to one of ordinary skill in the art to modify the catheter of Cully to have a shaped distal portion, a distal end portion, and an intermediate portion with their respective curvature as taught by Dirusso, since Dirusso teaches that a user can manipulate the catheter to have the bends corresponding with the anatomy of the body and to aid in an operation (Paragraphs 0044 and 0059).
The combination further teaches wherein the intermediate portion is curved at a first angle about a first radius, and wherein the distal portion is curved at a second angle about a second radius (Paragraph 0044)(see annotated Fig. 6F below).
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The combination is silent to wherein the first angle is 90 degrees, the first radius is 2 inches, the second angle is 30 degrees, and the second radius is 1.25 inches.
However, as the combination teaches the clot treatment system can be used within the heart (Paragraph 0077 of Cully) and can be used to capture biological material or perform an operation within the body (Paragraph 0078 of Cully; Paragraph 0038 of Dirusso) and that the intermediate portion and the distal end portion can be bent at any suitable angle (Paragraph 0066), it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the first angle to be 90 degrees, the first radius to be 2 inches, the second angle to be 30 degrees, and the second radius to be 1.25 inches, as it has been held that where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimension would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device (see MPEP 2144.04(IV)(A)).
Regarding claim 15, Cully, Dirusso, and Dubrul make obvious the clot treatment system as discussed above.
Cully further teaches wherein the distal portion further includes a distal most tip portion (see annotated Fig. 9b below) configured to be aligned with or positioned within the left atrial appendage (As this language is functional, the structure only has to have the ability to complete the function, since the distal most tip portion of the catheter is concentric with the clot capture device (see annotated Fig. 9b below), and the device is able to be used within the heart (Paragraph 0077), when the clot capture device is positioned in the left atrial appendage, the distal most tip portion would be aligned with it.).
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Regarding claim 16, Cully, Dirusso, and Dubrul make obvious the clot treatment system as discussed above.
Cully further teaches wherein the clot capture device (snare 91, catheter 93) is a first clot capture device (see Fig. 9c), the clot treatment system further comprising a second clot capture device (92) configured to be positioned downstream from the left atrial appendage (As this language is functional, the structure only has to have the ability to complete the function, since the device is able to be used within the heart (Paragraph 0077), and the second clot capture device is more proximal than the first clot capture device (Paragraph 0076, see Fig. 9b), the second clot capture device would be capable of being positioned downstream from the left atrial appendage.).
Regarding claim 17, Cully, Dirusso, and Dubrul make obvious the clot treatment system as discussed above.
Cully further teaches wherein the second clot capture device is configured to be positioned in an aorta of the patient (As this language is functional, the structure only has to have the ability to complete the function, since the device is able to be used within the heart (Paragraph 0077), the second clot capture device is capable of being positioned in an aorta of the patient.).
Regarding claim 18, Cully, Dirusso, and Dubrul make obvious the clot treatment system as discussed above.
Cully further teaches wherein the clot capture device is configured to be positioned at least partially within the left atrial appendage (As this language is functional, the structure only has to have the ability to complete the function, since the device is able to be used within the heart (Paragraph 0077), the clot capture device is capable of being positioned at least partially within the left atrial appendage.).
Regarding claim 39, Cully, Dirusso, and Dubrul make obvious the clot treatment system as discussed above.
Cully further teaches wherein the clot capture device is configured to at least partially inhibit the clot material from causing an embolic event (As this language is functional, the structure only has to have the ability to complete the function, since Cully teaches in Paragraph 0078 that the snare device 91 is able to retrieve biological components, it would be capable of inhibiting clot material from causing an embolic event.).
Regarding claim 40, Cully, Dirusso, and Dubrul make obvious the clot treatment system as discussed above.
Cully further teaches wherein the heart includes a left atrium (Paragraph 0102 mentions the left atrial appendage, therefore Cully teaches a left atrium.), and wherein the clot capture device (snare 91, catheter 93) is configured to be positioned at least partially within the left atrium of the heart (As this language is functional, the structure only has to have the ability to complete the function, since the device is able to be used within the heart (Paragraph 0077), the clot capture device is capable of being positioned at least partially within the left atrium of the heart.).
Regarding claim 41, Cully teaches a clot treatment system (Figs. 9a- 9c)(Paragraphs 0074 and 0078) for treatment of clot material within a left atrial appendage of a human patient (As this language is functional, the structure of the device only needs to be able to accomplish the function, therefore as Cully teaches in Paragraph 0078 that the snare 91 can be used to retrieve biological material and that the device is used in the heart in Paragraph 0077, it would be able to treat clot material with a left atrial appendage.), comprising:
a first catheter (93) carrying a first clot capture device (91) configured to be positioned at a first location downstream from the clot material and to at least partially prevent downstream movement of at least a first portion of the clot material (As this language is functional, the structure only has to have the ability to complete the function, since the device is able to be used within the heart (Paragraph 0077) and the snare is capable of capturing biological material, such as clot material (Paragraph 0078), the first clot capture device is capable of being positioned at a first location downstream from the clot material and prevent downstream movement of at least a first portion of the clot material.) the first catheter including a proximal portion and a distal portion (see annotated Fig. 9b below);
a second catheter (95) carrying a second clot capture device (92) configured to be positioned at a second location downstream from the first clot capture device (As this language is functional, the structure only has to have the ability to complete the function, since the device is able to be used within the heart (Paragraph 0077) and the second clot capture device is located more proximal than the first clot capture device (see Fig. 9c, Paragraph 0076), the second clot capture device would be capable of being positioned at a second location downstream from the first clot capture device.) and to at least partially prevent further downstream movement of a least a second portion of the clot material (Paragraph 0076).
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Cully does not teach the first catheter including a shaped distal portion curved relative to the proximal portion, the shaped distal portion including an intermediate portion adjacent to and distal from the proximal portion, the intermediate portion curved relative to the proximal portion in a first direction relative to the proximal portion such that the proximal portion and the intermediate portion lie along a plane, and a distal end portion of the shaped distal portion adjacent to and distal from the intermediate portion, the distal end portion of the shaped distal portion curved in a second direction relative to the proximal portion such that, when viewed facing a distal end of the catheter with the intermediate portion extending left horizontally from the proximal portion, the distal portion of the shaped distal portion is angled upwardly from the plane or a pressure source fluidly coupled to the first catheter or the second catheter and configured to aspirate at least a third portion of the clot material.
Dirusso (Dirusso et al.) teaches a system (Figs. 1- 6F) for treatment within a human patient (abstract; Paragraph 0038), comprising a catheter (endoscope 10) including a proximal portion (flexible shaft 14) and a shaped distal portion (front end 18) curved relative to the proximal portion (Paragraph 0044), the shaped distal portion including an intermediate portion (second active deflection section 36) adjacent to and distal from the proximal portion, the intermediate portion curved relative to the proximal portion in a first direction relative to the proximal portion such that the proximal portion and the intermediate portion lie along a plane (see annotated Figs. 6A and 6F below), and a distal end portion (first active deflection section 34) of the shaped distal portion adjacent to and distal from the intermediate portion, the distal end portion of the shaped distal portion curved in a second direction relative to the proximal portion such that, when viewed facing a distal end of the catheter with the intermediate portion extending left horizontally from the proximal portion, the distal portion of the shaped distal portion is angled upwardly from the plane (see annotated Figs. 6F below)(Paragraphs 0044 and 0058).
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It would have been obvious to one of ordinary skill in the art to modify the catheter of Cully to have a shaped distal portion, a distal end portion, and an intermediate portion with their respective curvature as taught by Dirusso, since Dirusso teaches that a user can manipulate the catheter to have the bends corresponding with the anatomy of the body and to aid in an operation (Paragraphs 0044 and 0059).
The combination does not teach a pressure source fluidly coupled to the first catheter or the second catheter and configured to aspirate at least a third portion of the clot material.
Dubrul (Dubrul et al.) teaches a similar system (94)(Figs. 8- 13 and 16- 18) for treatment of a clot within the heart of a patient (abstract and Paragraph 0106) comprising: a catheter (82) including a proximal portion and a distal portion (see annotated Fig. 16 below), a pressure source fluidly coupled to the catheter and configured to aspirate at least a portion of the clot material via the distal portion (Paragraph 0106), and a clot capture device (funnel element 66).
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It would have been obvious to one of ordinary skill in the art to modify the system as taught by the combination to have a pressure source fluidly coupled to the catheter as taught by Dubrul, since Dubrul teaches that the pressure source aids in retrieving an occlusion during a procedure (Paragraph 0106).
Regarding claim 42, Cully, Dirusso, and Dubrul make obvious the clot treatment system as discussed above.
Regarding wherein the first location is at or near a left atrial appendage of the human patient, as this language is functional, the structure only has to have the ability to complete the function, since the device is able to be used within the heart (Paragraph 0077), the first clot capture device is capable of being positioned at least partially within the left atrial appendage.
Regarding claim 43, Cully, Dirusso, and Dubrul make obvious the clot treatment system as discussed above.
Regarding wherein the second location is at least partially within a left atrium, a left ventricle, or an aorta of the human patient, as this language is functional, the structure only has to have the ability to complete the function, since the device is able to be used within the heart (Paragraph 0077), the second clot capture device is capable of being positioned in a left atrium, a left ventricle, or an aorta of the patient.
Regarding claim 44, Cully, Dirusso, and Dubrul make obvious the clot treatment system as discussed above.
Regarding wherein the first location is at least partially within a left atrium of the human patient, as this language is functional, the structure only has to have the ability to complete the function, since the device is able to be used within the heart (Paragraph 0077), the first clot capture device is capable of being positioned at least partially within the left atrium.
Regarding claim 45, Cully, Dirusso, and Dubrul make obvious the clot treatment system as discussed above.
Regarding wherein the second location is at least partially within a left ventricle or an aorta of the human patient, as this language is functional, the structure only has to have the ability to complete the function, since the device is able to be used within the heart (Paragraph 0077), the second clot capture device is capable of being positioned in a left ventricle or an aorta of the patient.
Regarding claim 46, Cully, Dirusso, and Dubrul make obvious the clot treatment system as discussed above.
Cully further teaches wherein the first clot capture device (91) or the second clot capture device (92) includes a funnel (Paragraph 0074, see Fig. 9c).
Regarding claim 49, Cully, Dirusso, and Dubrul make obvious the clot treatment system as discussed above.
Cully further teaches wherein the second clot capture device (92) includes a second distal edge and the second catheter (95) includes a second distal tip positioned distally from the second distal edge (see annotated Fig. 9c below).
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Regarding claim 51, Cully, Dirusso, and Dubrul make obvious the clot treatment system as discussed above.
As discussed above, it would have been obvious to one of ordinary skill in the art to modify the system as taught by the combination to have a pressure source fluidly coupled to the catheter as taught by Dubrul, since Dubrul teaches that the pressure source aids in retrieving an occlusion during a procedure (Paragraph 0106).
Regarding wherein the third portion of the clot material includes at least part or all of the first portion or the second portion of the clot material, as this language is functional, the structure only has to have the ability to complete the function, as the combination teaches a pressure source capable of aspirating clot material (Paragraph 0106 of Dubrul), it would be capable of aspirating a third portion which is made up of at least part or all of the first portion of the clot material.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cully et al. (US 2006/0136043) in view of Dirusso et al. (US 2006/0041188) and in view of Dubrul et al. (US 2004/0260333), as applied to claim 1, in further view of Macoviak et al. (US 6,361,545).
Regarding claim 3, Cully, Dirusso, and Dubrul make obvious the clot treatment system as discussed above.
Cully further teaches wherein the elongate member (93) includes a distal tip and the funnel (91) includes a distal edge (see annotated Fig. 9b below).
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The combination does not teach wherein the distal tip of the elongate member extends distally beyond the distal edge of the funnel.
Macoviak (Macoviak et al.) teaches a similar clot treatment system (abstract)(Figs. 1- 3) for the treatment of clot material within the vasculature of a human (abstract, Column 1, Lines 11- 17) comprising a catheter (124) and a clot capture device (embolic filter assembly 102, 104)(Column 6, Lines 55- 65), wherein the clot capture device has an elongate member (104) including a distal tip and a funnel (102) including a distal edge, wherein the distal tip of the elongate member extends distally beyond the distal edge of the funnel (see annotated Fig. 2 below).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have substituted the clot capture device of the combination that captures clot material (Cully, Paragraph 0078) for the clot capture device of Macoviak since these mechanisms perform the same function of capturing clot material within the vasculature (Cully, Paragraph 0078; Macoviak, Column 6, Lines 55- 65). See MPEP 2143.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cully et al. (US 2006/0136043) in view of Dirusso et al. (US 2006/0041188) and in view of Dubrul et al. (US 2004/0260333), as applied to claim 1, in further view of Weber et al. (US 2004/0204738).
Regarding claim 4, Cully, Dirusso, and Dubrul make obvious the clot treatment system as discussed above.
Cully further teaches wherein the elongate member (93) includes a distal tip and the funnel (91) includes a distal edge (see annotated Fig. 9b below).
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The combination does not teach wherein the distal tip of the elongate member is coplanar with the distal edge.
Weber (Weber et al.) teaches a clot capture device (200)(Figs. 2A- 2B)(Paragraph 0042), the clot capture device comprising an elongate member (202) including a distal tip and a clot capture member (expandable portion 203)(Paragraph 0044) including a distal edge, wherein the distal tip of the elongate member is coplanar with the distal edge (see annotated Fig. 2B below).
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It would have been obvious to one of ordinary skill in the art, It would have been obvious to try to one of ordinary skill in the art before the effective filing date to modify the distal tip and the distal edge of the combination to be coplanar as taught by Weber. Weber discloses a clot capture device with the distal edge of the clot capture member being coplanar with the distal tip of the elongate member. One of ordinary skill in the art would recognize that when assembling the device, there are three options, having the distal tip be proximal to the distal edge, having the distal tip be coplanar with the distal edge, or having the distal tip be distal to the distal edge. Therefore, it would have been obvious because “a person of ordinary skill has good reason to pursue the known options within his or her technical grasp”. If this leads to the anticipated success, it is likely that product was not of innovation but of ordinary skill and common sense. In that instance the fact that a combination was obvious to try might show that it was obvious under § 103."KSR, 550 U.S. at 421, 82 USPQ2d at 1397. See MPEP 2143.
Claim(s) 50 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cully et al. (US 2006/0136043) in view of Dirusso et al. (US 2006/0041188) and in view of Dubrul et al. (US 2004/0260333), as applied to claim 41 above, in further view of Weber et al. (US 2004/0204738).
Regarding claim 50, Cully, Dirusso, and Dubrul make obvious the clot treatment system as discussed above.
Cully further teaches wherein the first clot capture device (91) includes a first distal edge and the first catheter (93) includes a first distal tip and wherein the second clot capture device (92) includes a second distal edge and the second catheter (95) includes a second distal tip (see annotated Fig. 9b and 9c below).
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Cully does not teach wherein the first distal tip is positioned coplanar with the first distal edge and/or wherein the second distal tip is positioned coplanar with the second distal edge.
Weber (Weber et al.) teaches a clot capture device (200)(Figs. 2A- 2B)(Paragraph 0042), the clot capture device comprising an elongate member (202) including a distal tip and a clot capture member (expandable portion 203)(Paragraph 0044) including a distal edge, wherein the distal tip of the elongate member is coplanar with the distal edge (see annotated Fig. 2A below).
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It would have been obvious to try to one of ordinary skill in the art before the effective filing date to modify the first distal tip and the first distal edge of the combination to be coplanar as taught by Weber. Weber discloses a clot capture device with the distal edge of the clot capture member being coplanar with the distal tip of the elongate member. One of ordinary skill in the art would recognize that when assembling the device, there are three options, having the distal tip be proximal to the distal edge, having the distal tip be coplanar with the distal edge, or having the distal tip be distal to the distal edge. Therefore, it would have been obvious because “a person of ordinary skill has good reason to pursue the known options within his or her technical grasp”. If this leads to the anticipated success, it is likely that product was not of innovation but of ordinary skill and common sense. In that instance the fact that a combination was obvious to try might show that it was obvious under § 103."KSR, 550 U.S. at 421, 82 USPQ2d at 1397. See MPEP 2143.
Response to Arguments
Regarding applicant’s arguments filed January 29th, 2026, with respect to the rejection of claims 1-2, 10-18, and 38- 40 under 35 U.S.C. 103 over Cully et al. (US 2006/0136043) in view of Lederman et al. (WO 2016/186880) and in view of Dubrul et al. (US 2004/0260333), the rejection of claim 3 under 35 U.S.C. 103 over Cully et al. (US 2006/0136043) in view of Lederman et al. (WO 2016/186880) and in view of Dubrul et al. (US 2004/0260333), as applied to claim 1, in further view of Macoviak et al. (US 6,361,545), the rejection of claim 4 under 35 U.S.C. 103 over Cully et al. (US 2006/0136043) in view of Lederman et al. (WO 2016/186880) and in view of Dubrul et al. (US 2004/0260333), as applied to claim 1, Weber et al. (US 2004/0204738), and the rejection of claims 41- 46 and 51 under 35 U.S.C. 103 over Cully et al. (US 2006/0136043) in view of Dubrul et al. (US 2004/0260333), these arguments have been fully considered but are moot since, as discussed above, the previous prior art rejections have been withdrawn in light of applicant’s amendments. However, it is noted that Cully, Dubrul, Macoviak, and Weber are still relied upon for limitations not argued.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/L.R.R./Examiner, Art Unit 3771 /TAN-UYEN T HO/Supervisory Patent Examiner, Art Unit 3771
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