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 .
Claim Objections
Claim 5 is objected to because of the following informalities:
Claim 5 recites “first resilient arm” and “second resilient arm.” There is no antecedent basis for either. Examiner believes Applicant intended to recite “first resilient prong” and “second resilient prong” 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 1-3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Juan et al. (US 2019/0374215 A1).
Regarding claim 1, Juan discloses a medical grasping device (Fig. 1) for use in an interventional procedure in a body lumen of a patient (para. [0033]), the medical grasping device comprising: a slide actuator comprising: a housing 12; a slide button 16 slidingly coupled to the housing (Fig. 9); a locking member 56 coupled to the slide button (Fig. 9) and releasably lockingly engageable to the housing (Figs. 7-9; see also paras. [0039]-[0040]); and a slide carriage 20 coupled to the slide button and the locking member and slidingly disposed within the housing (para. 0034]); a catheter 24 coupled to the locking member (i.e. indirectly via housing and as disclosed in paras. [0034]-[0035]), and distally extendible relative to the housing (Fig. 2); an elongate member 22 concentrically disposed within the catheter (Fig. 2), wherein the catheter is slidable over the elongate member (i.e, at least during assembly and such that elongate member is movable inside 24; see para. [0034]); and a grasping member 40 having an open state (Fig. 3) and a closed state (Fig. 4), wherein the catheter is disposed over the grasping member when the grasping member is in the closed state (Fig. 4).
Regarding claim 2, Juan discloses the medical grasping device of claim 1. Juan also discloses an anchor 30 coupled to the elongate member and the housing (Figs. 7-9).
Regarding claim 3, Juan discloses the medical grasping device of claim 1. Juan also discloses further comprising a resilient member 26 coupled to the slide button (i.e., via locking member) and the locking member (Fig. 9), wherein the resilient member forces the locking member into locking engagement with the housing (para. [0039]; Fig. 9).
Claims 1, 4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Palese et al. (US 2012/0130164 A1).
Regarding claim 1, Palese discloses a medical grasping device (Fig. 1) for use in an interventional procedure in a body lumen of a patient (Fig. 1; para. [0046]), the medical grasping device comprising: a slide actuator 100 comprising: a housing 150; a slide button 192 slidingly coupled to the housing (Figs 1-2); a locking member (i.e., as disclosed in para. [0067]) coupled to the slide button (para. [0067] i.e., at least indirectly for the purpose of locking 192) and releasably lockingly engageable to the housing (Figs. 1-2; see also para. [0067] i.e., such that it is locked in a position); and a slide carriage 192 coupled to the slide button and the locking member (Fig. 3) and slidingly disposed within the housing (para. 0065]); a catheter 120 coupled to the locking member (i.e. at least indirectly via housing), and distally extendible relative to the housing (Figs. 1-2); an elongate member 172 concentrically disposed within the catheter (Fig. 4), wherein the catheter is slidable over the elongate member (i.e, at least during assembly and such that elongate member is movable inside 120; see para. [0065]); and a grasping member 183 having an open state (Fig. 3) and a closed state (Fig. 5), wherein the catheter is disposed over the grasping member when the grasping member is in the closed state (Fig. 5).
Regarding claim 4, Palese discloses the medical grasping device of claim 1. Palese also discloses a filler tube 174 concentrically disposed within the catheter and over the elongate member (Figs. 5-6).
Claims 11-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yoshi (US 20220370076 A1)
Regarding claim 11, Yoshi disclose a medical retrieval system for use in an interventional procedure in a body lumen of a patient (Fig. 1; para. [0027]), the medical retrieval system comprising: a medical retrieval device 1 comprising: a slide actuator 62; a catheter 51 distally extendible relative to the slide actuator (Figs. 1-2; para. [0039]); an elongate member 52 concentrically disposed within the catheter (Fig. 1), wherein the catheter is slidable over the elongate member (i.e, at least during assembly and such that elongate member is movable inside 51; see para. [0039]); and a retrieval member 10 having an open state (Figs. 2-3) and a closed state (paras. [0048]-[0050]), wherein the retrieval member is at least partially disposed within the catheter when in the closed state (para. [0052]) and an introducer sheath (i.e., endoscope as described by para. [0048]) configured for passage of the catheter (para. [0048]).
Regarding claim 12, Yoshi discloses the medical retrieval system of claim 11. Yoshi also discloses wherein the retrieval member comprises: a stem 20a couplable with the elongate member (para. [0041]); a first resilient arm 21 extending from the stem (Fig. 3); a second resilient arm 22 extending from the stem (Fig. 3); a first retrieval feature 21a coupled to the first resilient arm (Fig. 2); and a second retrieval feature 22a coupled to the second resilient arm (Fig. 2).
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 5 is rejected under 35 U.S.C. 103 as being unpatentable over Palese in view of Yoshi (US 2022/0370076 A1).
Regarding claims 5, Palese discloses the medical grasping device of claim 1. In the embodiment of Figs. 13-17 of Palese, Palese also discloses wherein the grasping member comprises: a stem 272 couplable with the elongate member (Fig. 17); a first resilient prong 260 extending from the stem (Fig. 17); a second resilient prong 270 extending from the stem (Fig. 17). Palese doesn’t directly disclose a first grasping feature coupled to the first resilient arm; and a second grasping feature coupled to the second resilient arm.
In the same field of endeavor, namely applicator and ligation devices, Yoshi discloses a similar device to Palese including a sliding actuator 1 which includes a housing 61 and a slider 62 and a grasping member 20 (Figs. 2-3) including a stem 20a, a first resilient prong 21, a second resilient prong 22, both extending from the stem 20a (see Fig. 3), a first grasping feature 21a coupled to the first resilient arm (Fig. 2) and a second grasping feature 22a coupled to the second resilient arm (Fig. 2);
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 Palese to have the grasping member as disclosed by Yoshi for the purposes of enhancing clamping ability for precise grasping (para. [0007]).
Claims 6, 7, 15-18 are rejected under 35 U.S.C. 103 as being unpatentable over Palese in view of Yoshi as applied to claim 5 and further in view of Russo et al. (US 2021/0186545 A1).
Regarding claim 6, Palese and Yoshi disclose the medical grasping device of claim 5. Palese also discloses wherein the first grasping feature is oriented radially inward and angled proximally (Fig. 2) wherein the second grasping feature is oriented radially inward and angled proximally (Fig. 2).
Palese and Yoshi don’t directly disclose wherein the first grasping feature and the second grasping feature are configured to overlap when the grasping member is in the closed state.
In the same field of endeavor, namely microforceps, Russo discloses a similar device to Palese and Yoshi including a slider 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]).
Regarding claim 7, Palese, Yoshi, and Russo disclose the medical grasping device of claim 6. 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).
Regarding claim 15, Palese, Yoshi, and Russo disclose a method of retrieving a foreign object from a body lumen. The resulting device of Palese, Yoshi, and Russo also disclose comprising: disposing the grasping device of claim 1 to a position within a body lumen adjacent a target foreign object; actuating the slide actuator such that the first and second grasping features overlap with each other to secure the engaged target foreign object; and longitudinally proximally displacing the grasping device to dislodge the secured target foreign object from a position within the body lumen (i.e., at least as disclosed by Palese para. [0104]; Russo (paras. [0004]-[0007]).
Regarding claim 16, Palese, Yoshi, and Russo disclose the method of claim 15. The resulting device also discloses wherein actuating the slide actuator comprises: depressing the slide button; displacing the slide button distally; and disposing the catheter over the grasping device (see for example Palese para. [0066]).
Regarding claim 17, Palese, Yoshi, and Russo disclose the method of claim 15. The resulting device also discloses transitioning the grasping member from the open state to the closed state (see for example Palese, para. [0066]).
Regarding claim 18, Palese, Yoshi, and Russo disclose the method of claim 15. The resulting device also discloses locking the grasping device in a distally displaced position such that the grasping member is in the closed state (see for example Palese para. [0067], Yoshi para. [0003]).
Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Juan in view of Yoshi and further in view of Layman et al. (US 2021/0282759 A1).
Regarding claims 8 and 9, Juan discloses the grasping device of claim 1. Yoshi discloses
a closing member 30 disposed at a distal end of a tube 51 (Fig. 3), the tube made from a coil (para. [0037]). The resulting device of Juan and Yoshi would disclose, wherein the grasping member is disposable within the closing member when in the closed state (i.e., at least since the grasping member in Juan is disposed in the tube in the closed state); wherein the closing member comprises a metal material (para. [0032]).
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 Juan to have the closing member of Yoshi for purposes of accommodating the grasping member (para. [0032]) and to aid in the opening and closing of the grasping portion (para. [0033]).
Juan and Yoshi don’t directly disclose:
wherein the catheter comprises: the tube comprising a reinforcement braid; wherein the reinforcement braid is coupled to the closing member
In the same field of endeavor, namely medical devices with deflective distal ends, Layman discloses a similar device to Juan 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 Juan and Yoshi 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]).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Juan in view of Layman.
Regarding claim 10, Juan discloses the grasping device of claim 1. Juan doent directly disclose wherein the catheter comprises a bend ranging from 20 degrees to 60 degrees relative to a longitudinal axis of the catheter.
Layman discloses the catheter comprises a bend ranging from 20 degrees to 60 degrees relative to a longitudinal axis of the catheter (i.e., see Figs. 5-6 which show the bend being at least 20 degrees but no more than 60 degrees relative to a longitudinal axis; i.e. see also para. [0070] which discloses 5 degrees to about 60 degrees of a bend).
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 Juan to have a bend as disclosed by Layman for the purposes of being able to navigate complex anatomies (paras. [0004], [0068]).
Claims 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Yoshi in view of Russo.
Regarding claim 13, Yoshi discloses the medical retrieval system of claim 12. Yoshi also discloses wherein the first retrieval feature is oriented radially inward and angled proximally (Fig. 2), wherein the second retrieval feature is oriented radially inward and angled proximally (Fig. 2).
Yoshi doesnt directly disclose wherein the first grasping feature and the second grasping feature are configured to overlap when the grasping member is in the closed state.
In the same field of endeavor, namely microforceps, Russo discloses a similar device to Palese and Yoshi including a slider 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]).
Regarding claim 14, Yoshi and Russo disclose the medical grasping device of claim 13. 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).
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