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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 8/10/26 has been entered.
Claim Objections
Claim 15 objected to because of the following informalities:
There is no antecedent basis for: “the first and second grasping features.” Appropriate correction is required.
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.
Claims 1, 2, 4, 5, 6, 10, 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hess et al. (US 2017/0055971 A1).
Regarding claim 1, Hess discloses a medical grasping device for use in an interventional procedure in a body lumen of a patient (Figs. 1-7D; para. [0066]), the medical grasping device comprising: a slide actuator 206 comprising: a housing 208; a slide button 220 slidingly coupled to the housing (para. [0048]); a locking member coupled to the slide button and releasably lockingly engageable to the housing (para. [0048]); wherein the locking member comprises a first set of locking teeth (i.e., on 226) and the housing comprises a second set of locking teeth (i.e., on 240), wherein the first set of locking teeth and the second set of locking teeth are configured to engage in a plurality of detent positions (para. [0049]); a resilient member 230 coupled to the slide button and the locking member (Fig. 5A), wherein the resilient member forces the locking member into locking engagement with the housing (para. [0048]); a slide carriage 222 coupled to the slide button and the locking member (Fig. 5B; para. [0048]) and slidingly disposed within the housing (para. [0048]); a catheter 202, 204 coupled to the locking member and distally extendible relative to the housing (Fig. 5A); an elongate member 266 concentrically disposed within the catheter (Fig. 5A), wherein the catheter is slidable over the elongate member (Fig. 5A; para. [0050]-[0051]); and a grasping member (i.e., end effector as disclosed by para. [0046]) having an open state and a closed state (para. [0046]), wherein the catheter is disposed over the grasping member when the grasping member is in the closed state (para. [0046] i.e., at least while in the loader).
Regarding claim 2, Hess discloses the medical grasping device of claim 1. Hess also discloses further comprising an anchor 110 coupled to the elongate member and the housing (Fig. 1).
Regarding claim 4, Hess discloses the medical grasping device of claim 1. Hess also discloses further comprising a filler tube 258 concentrically disposed within the catheter (Fig. 5C) and over the elongate member (Fig. 5C; para. [0050]).
Regarding claim 5, Hess discloses the medical grasping device of claim 1. Hess also discloses wherein the grasping member comprises: a stem (i.e., such as 134 as shown in Fig. 3A) couplable with the elongate member (i.e., at least while being held in the loader); a first resilient prong (i.e., arm of 132a) extending from the stem (Fig. 3A); a second resilient prong (i.e., arm of 132b) extending from the stem (Fig. 3A); a first grasping feature coupled to the first resilient prong (i.e, teeth as shown in Fig. 3A off of 132a); and a second grasping feature coupled to the second resilient prong (i.e., teeth as shown in Fig. 3A off of 132b).
Regarding claim 6, Hess discloses the medical grasping device of claim 5. Hess also discloses wherein the first grasping feature is oriented radially inward and angled proximally (Fig. 3A), wherein the second grasping feature is oriented radially inward and angled proximally (Fig. 3A), and wherein the first grasping feature and the second grasping feature are configured to overlap when the grasping member is in the closed state (i.e., because the teeth extend from the surface of the jaws, in the closed state they would overlap).
Regarding claim 10, Hess discloses the grasping device of claim 1. Hess also discloses wherein the catheter comprises a bend ranging from 20 degrees to 60 degrees relative to a longitudinal axis of the catheter (Fig. 7A-7C).
Regarding claim 19, Hess discloses the device of claim 1. Hess also discloses wherein the slide carriage comprises one or more slide rail passages 214 (Fig. 5A) slidingly coupled to one or more slide rails (para. [0048]).
Claims 1 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sniffin et al. (US 20150005789 A1).
Regarding claim 1, Sniffin discloses a medical grasping device for use in an interventional procedure in a body lumen of a patient (Fig. 5), the medical grasping device comprising: a slide actuator (Fig. 12) comprising: a housing 212; a slide button 244 slidingly coupled to the housing (para. [0195]); a locking member (para. [0197]) coupled to the slide button and releasably lockingly engageable to the housing (para. [0197]); wherein the locking member comprises a first set of locking teeth (i.e., on 220; Fig. 6) and the housing comprises a second set of locking teeth (para. [0195]-[0197]), wherein the first set of locking teeth and the second set of locking teeth are configured to engage in a plurality of detent positions (para. [0195]-[0197]); a resilient member 242 coupled to the slide button and the locking member (Paras. [0197]-[0199]), wherein the resilient member forces the locking member into locking engagement with the housing (para. [0197]-[0199]); a slide carriage 240 coupled to the slide button and the locking member (Figs 12-13; paras. [0195]-[0197]) and slidingly disposed within the housing (para. [0195]-[0197]); a catheter 231 (Fig. 15, 16, 32, 33, and 42-46) coupled to the locking member and distally extendible relative to the housing (Fig. 15); an elongate member 238 concentrically disposed within the catheter (Fig. 15), wherein the catheter is slidable over the elongate member (Fig. 15; para. [0207]); and a grasping member 300 having an open state and a closed state (para. [0081]), wherein the catheter is disposed over the grasping member when the grasping member is in the closed state (para. [0081]).
Regarding claim 20, Sniffin discloses the device of claim 1. Sniffin also discloses wherein when the slide button is depressed, the force of the resilient member is overcome to unlock the engagement of the locking member and housing (para. [0032]-[0033] i.e., second position).
Claim Rejections - 35 USC § 103
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 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 7 is rejected under 35 U.S.C. 103 as being unpatentable by Hess in view of Russo et al. (US 2021/0186545 A1).
Regarding claim 7, Hess discloses the medical grasping device of claim 6. Doesn’t directly disclose wherein the first grasping feature is angled proximally by negative 5 degrees to 20 degrees, and wherein the second grasping feature is angled proximally by negative 5 degrees to 20 degrees.
In the same field of endeavor, namely microforceps, Russo discloses a similar device including a slide actuator (Fig. 2) including a slider 24 and a housing 22, a grasping member (Fig. 3) including two prongs 140, 142, and further including grasping features on each prong (i.e., teeth) each that are oriented radially inward and angled proximally (Fig. 3). Russo also discloses that the grasping features are configured to overlap when the grasping member is in the closed state (para. [0096]).
Russo also discloses wherein the first grasping feature is angled proximally by negative 5 degrees to 20 degrees, and wherein the second grasping feature is angled proximally by negative 5 degrees to 20 degrees (i.e., see Fig. 3 and paras. [0085], [0097]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the grasping member to have teeth overlapping and angled backwards as disclosed by Russo for purposes of improving a grasping and handling feature of the grasping feature (Abstract).
Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable by Hess in view of Layman et al. (US 2021/0282759 A1)
Regarding claims 8 and 9, Hess discloses the grasping device of claim 1. Hess doesn’t directly disclose: wherein the catheter comprises: a tube comprising a reinforcement braid; and a closing member disposed at a distal end of the tube, wherein the reinforcement braid is coupled to the closing member and wherein the grasping member is disposable within the closing member when in the closed state.
In the same field of endeavor, namely medical devices with deflective distal ends, Layman discloses a similar device including a catheter 110. Layman also discloses coupling a reinforcement braid to the catheter such that the braid extends over the catheter and is thereby coupled to the closing member (para. [0004]).
It would have been obvious to one of ordinary skill in the art to modify the device of Hess to have a reinforcement braid coupled to the closing member for purposes of providing sufficient flexibility, kink resistance, pushability, and torqueability to allow navigation through vasculature (para. [0004]).
Claims 11-13 are rejected under 35 U.S.C. 103 as being unpatentable by Hess in view of Palese et al. (US 20120130164 A1)
Regarding claim 11, Hess discloses a medical retrieval system for use in an interventional procedure in a body lumen of a patient (Figs. 1-7D; para. [0066]), the medical retrieval system comprising: a medical retrieval device comprising: a slide actuator 206; a catheter distally 202, 204 extendible via the slide actuator (i.e., catheter is distally extendable from a bent configuration); a filler tube 258 concentrically disposed within the catheter (Fig. 5C), wherein the catheter is slidable over the filler tube (Fig. 5C; para. [0050]-[0051]), the filler tube filling at least a portion of a lumen of the catheter to prevent kinking of the catheter (para. [0050]-[0051]; i.e., any filler tube would act to prevent kinking); an elongate member 266 concentrically disposed within the catheter (Fig. 5A), wherein the catheter is slidable over the elongate member (Fig. 5A; para. [0050]-[0051]); and a retrieval member (i.e., end effector as disclosed by para. [0046]) having an open state and a closed state (para. [0046]), wherein the retrieval member is at least partially disposed within the catheter when in the closed state (para. [0046]).
Hess doesn’t directly disclose an introducer sheath configured for passage of the catheter.
In the same field of endeavor, namely magnetic based device for retrieving a misplaced article, Palese discloses an introducer sheath 101.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Russo to have an introducer sheath as taught by Palese for purposes of providing access to the inside of a patient (para. [0046]).
Regarding claim 12, Hess and Palese disclose the medical retrieval system of claim 11. Hess also discloses wherein the retrieval member comprises: a stem 130 couplable with the elongate member (i.e., at least when in the loader); a first resilient arm (i.e., arm of 132a) extending from the stem (Fig. 3A); a second resilient arm (i.e., arm of 132b) extending from the stem (Fig. 3A); a first retrieval feature (i.e., tooth of 132a) coupled to the first resilient arm; and a second retrieval feature (i.e., tooth of 132b) coupled to the second resilient arm.
Regarding claim 13, Hess and Palese disclose the medical retrieval system of claim 12. Hess also discloses wherein the first retrieval feature is oriented radially inward and angled proximally (Fig. 3A), wherein the second retrieval feature is oriented radially inward and angled proximally (Fig. 3A), and wherein the first grasping feature and the second grasping feature are configured to overlap when the grasping member is in the closed state (i.e., because the teeth extend from the surface of the jaws, in the closed state they would overlap).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable by Hess in view of Palese and further in view of Russo.
Regarding claim 14, Hess and Palese disclose the medical grasping device of claim 13. Hess and Palese don’t directly disclose wherein the first grasping feature is angled proximally by negative 5 degrees to 20 degrees, and wherein the second grasping feature is angled proximally by negative 5 degrees to 20 degrees.
In the same field of endeavor, namely microforceps, Russo discloses a similar device including a slide actuator (Fig. 2) including a slider 24 and a housing 22, a grasping member (Fig. 3) including two prongs 140, 142, and further including grasping features on each prong (i.e., teeth) each that are oriented radially inward and angled proximally (Fig. 3). Russo also discloses that the grasping features are configured to overlap when the grasping member is in the closed state (para. [0096]).
Russo also discloses wherein the first grasping feature is angled proximally by negative 5 degrees to 20 degrees, and wherein the second grasping feature is angled proximally by negative 5 degrees to 20 degrees (i.e., see Fig. 3 and paras. [0085], [0097]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the grasping member to have teeth overlapping and angled backwards as disclosed by Russo for purposes of improving a grasping and handling feature of the grasping feature (Abstract).
Claims 15-18 are rejected under 35 U.S.C. 103 as being unpatentable by unpatentable by Sniffin in view of Russo et al. (US 2021/0186545 A1)
Regarding claim 15, Sniffin discloses a method of retrieving a foreign object from a body lumen, comprising: disposing the grasping device of claim 1 to a position within a body lumen adjacent a target foreign object (para. [0081]); and longitudinally proximally displacing the grasping device to dislodge the secured target foreign object from a position within the body lumen (para. [0081]).
Sniffin doesn’t directly disclose actuating the slide actuator such that the first and second grasping features overlap with each other to secure the engaged target foreign object.
In the same field of endeavor, namely microforceps, Russo discloses a similar device including a slide actuator (Fig. 2) including a slider 24 and a housing 22, a grasping member (Fig. 3) including two prongs 140, 142, and further including grasping features on each prong (i.e., teeth) each that are oriented radially inward and angled proximally (Fig. 3). Russo also discloses that the grasping features are configured to overlap when the grasping member is in the closed state (para. [0096]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the grasping member to have teeth overlapping and angled backwards as disclosed by Russo for purposes of improving a grasping and handling feature of the grasping feature (Abstract).
Regarding claim 16, Sniffin and Russo disclose the method of claim 15. Sniffin also discloses wherein actuating the slide actuator comprises: depressing the slide button (para. [0195]; displacing the slide button distally (para. [0199]-[0201]); and disposing the catheter over the grasping device (para. [0081]).
Regarding claim 17, Sniffin and Russo disclose the method of claim 15. Sniffin also discloses further comprising transitioning the grasping member from the open state to the closed state (i.e., at least to grasp tissue as disclosed by para. [0081]).
Regarding claim 18, Sniffin and Russo disclose the method of claim 15. Sniffin also discloses further comprising locking the grasping device in a distally displaced position (para. [0199]). Russo discloses such that the grasping member is in the closed state (para. [0073]).
Response to Arguments
Applicant’s arguments with respect to claims 1-2, 4-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RACHAEL LYNN GEIGER whose telephone number is (571)272-6196. The examiner can normally be reached Mon-Fri 8:00am-5:00pm EST.
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/RACHAEL L GEIGER/Examiner, Art Unit 3771
/BROOKE LABRANCHE/Primary Examiner, Art Unit 3771
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