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 .
Election/Restrictions
Claims 2-3, 8-9, 11-12 and 17-25 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species A, B, D, E, F, G, H, and Groups II and III, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 07/20/2026.
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.
(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.
Claims 1, 4-7, 10, 13-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dholakia (US 20220151646 A1).
Regarding Claim 1, Dholakia discloses a method for removing a clot from a vessel (¶[0013]) with a catheter and an aspiration catheter (Fig 12, DAC 100 acts as both an aspiration catheter and a catheter), wherein the catheter comprises: an elongate body (Fig 12, 160) defining a lumen between a proximal region and a distal region of the elongate body (Fig 2-3, 12, aspiration lumen 101 extends between the distal region at distal tip 102 and the opposite proximal end of 100), wherein the distal region comprises a distal openings region (Fig 12, region comprising tip 102A and openings 121), a proximal openings region (Fig 12, opening 120) and a thrombus interface region between the distal openings region and the proximal openings region (Fig 12, space between openings 121 and 120), and wherein the distal openings region and the proximal openings region each comprise one or more openings in fluid communication with the lumen (Fig 17 ¶[0057] openings 121 and 120 are in fluid communication with 101), the method comprising: positioning the catheter from a proximal side of the clot so that the distal region of the catheter extends through the clot with the distal openings region positioned at least partially distal of the clot and the proximal openings region positioned at least partially proximal of the clot (Figs 5A-B, 12 ¶[0049][0068] tip 102, which is included in the distal openings region, may navigate around or through the clot); positioning an aspiration catheter distal end at the proximal end of the clot (Figs 5A-B, 12 ¶[0049] opening 120 acts as the distal end of the aspiration catheter; and withdrawing the clot in the proximal direction with a combination of aspiration applied to one or more of the catheter or the aspiration catheter (¶[0062][0069-0071] constant or cyclic aspiration force may be applied to 100 during removal of the clot, and 100 is withdrawn).
Regarding Claim 4, Dholakia discloses wherein the aspiration catheter and the catheter are integrally formed as a single unit (Fig 2-3, 12, DAC 100 acts as a catheter and aspiration catheter and is a single unit).
Regarding Claim 5, Dholakia discloses positioning the catheter so that the distal region of the catheter extends through the clot with the distal openings region positioned distal of the clot and the proximal openings region positioned proximal of the clot cause the pressure differential between the proximal side of the clot and the distal side of the clot to be reduced (Figs 5A-B, 12 ¶[0049][0068] tip 102, which is included in the distal openings region, may navigate around or through the clot with proximal opening 120 positioned proximal to the clot, which necessarily reduces the pressure differential the proximal side of the clot and the distal side of the clot as suction is applied).
Regarding Claim 6, Dholakia discloses during withdrawing of the clot, the position of the catheter relative to the clot with the distal openings region positioned distal of the clot and the proximal openings region positioned proximal of the clot maintained in order to maintain the reduce pressure differential (Figs 5A-B, 12 ¶[0049][0068] tip 102, which is included in the distal openings region, may navigate around or through the clot with proximal opening 120 positioned proximal to the clot, which necessarily reduces the pressure differential the proximal side of the clot and the distal side of the clot as suction is applied. This will necessarily apply during withdrawal as well.).
Regarding Claim 7, Dholakia discloses that wherein withdrawing the clot in the proximal direction comprising applying aspiration to both the catheter and the aspiration catheter (Figs 5A-B, ¶[0070] suction is applied to lumen 101, which communicates with both the catheter portion and the aspiration catheter portion).
Regarding Claim 10, Dholakia discloses that aspiration is applied simultaneously to the catheter and to the aspiration catheter (Figs 5A-B, ¶[0070] suction is applied to lumen 101, which communicates with both the catheter portion and the aspiration catheter portion, and is thus applied simultaneously).
Regarding Claim 13, Dholakia discloses that the catheter comprises a supporting structure housed in the elongate body (Fig 7 ¶[0059] portion 160B of 100 may comprise braided polymers to increase stiffness).
Regarding Claim 14, Dholakia discloses that the supporting structure is disposed in a sidewall of the elongate body at a position radially opposite one or more openings of one or more of the proximal openings region and the distal openings region (Fig 7, ¶[0059] 160B comprises braided polymers positioned uniformly radially within 160B, which includes radially opposite to openings 121 and 120).
Regarding Claim 15, Dholakia discloses the supporting structure has a greater stiffness than the elongate body (Fig 7 ¶[0059] portion 160B of 100 may comprise braided polymers to increase stiffness).
Regarding Claim 16, Dholakia discloses the elongate body comprises one or more ridges integrally formed thereon (¶[0052] interior surface of cavity 110 may include bumps or rings therein).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY LEE FLYNN whose telephone number is (571)272-8255. The examiner can normally be reached Monday-Friday 7:30-5 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rebecca Eisenberg can be reached at 571-270-5879. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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TIMOTHY LEE. FLYNN
Examiner
Art Unit 3781
/REBECCA E EISENBERG/Supervisory Patent Examiner, Art Unit 3781
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