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
Applicant’s election without traverse of Group I, claims 1-6, in the reply filed on 11/14/2025 is acknowledged.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-6 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Sos (US 2016/0367285). Sos discloses an embolic protection system for deploying a device in a diseased vessel of a vasculature, the embolic protection system comprising an embolic protection device including a catheter shaft (e.g., 150; figs. 5A-5D), an expandable filter (110) provided at a distal end of the catheter shaft, the expandable filter having a side port provided in a side wall of the expandable filter (consider opening at 146 in fig. 5d formed in the distal side wall of the filter, or any of the pores within the conically shaped side wall of the mesh material 110 through which fluid flows; [0013]), and a filter actuator (101/101b; see figs. 6A,6B) located at or towards a proximal end of the embolic protection device, the filter actuator operable to open and close a mouth of the expandable filter (by controlling advancement/retraction of filter into/out of the distal end of sheath 140; figs. 5B, 5C; [0022], [0024]).
Regarding claim 2, the system further comprises a dilator (120; fig. 5A-D; [0087]).
Regarding claim 3, the system further comprises a loading tool (e.g., guidewire channel 150, see figs. 5A-5E, which facilitates loading of the device over a guidewire).
Regarding claim 4, the system further comprises an introducer (140, noting filter is introduced through clot while housed within 140; see esp. figs. 2A-2C; see also figs. 5A-5D, 6A and 6B).
Regarding claim 5, the system further comprises an introducer hub adapter (fig. 6B: 172/174; which adapts the introducer 140 for receiving suction ([0108]).
Regarding claim 6, the introducer is an expandable introducer, noting that Sos discloses that the distal end of introducer “may become flared” as the mesh and a captured clot are retracted, and thus expands ([0099]). Alternatively, the introducer of Sos may include an expandable element (191; figs. 8A, 8b; [0111]) such that it is considered an expandable introducer.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2016/0058540 to Don Michael discloses an embolic protection system (fig. 1) including a filter (34) carried at the end of a catheter shaft (42), the filter having a conical side wall with a side port (68; fig. 2 and [0024]) in the conical side wall, in addition to the pores of the mesh material (64) of the side wall ([0020]).
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KSH 12/4/2025
/KATHLEEN S HOLWERDA/Primary Examiner, Art Unit 3771
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