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 .
Terminal Disclaimer
The terminal disclaimer filed on January 20, 2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of US Patent No. 12,029,443 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Response to Amendment
This action is entered in response to Applicant’s amendment and reply of January 20, 2026. Claims 8 and 15 are amended. Claims 1-20 are pending.
Response to Arguments
Applicant’s arguments, see Remarks, filed January 20, 2026, with respect to the rejection under 112 and nonstatutory double patenting have been fully considered and are persuasive in light of the amendment and terminal disclaimer. The rejections of claim 8 under 112 and claims 1-8, 10-20 under nonstatutory double patenting have been withdrawn.
Based on further review of the claims, the indication of allowable subject matter has been withdrawn and a new grounds of rejection is presented below.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 7 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 7 recites “wherein the braided funnel is configured to be variably expanded based on an amount of a compressive force applied along the elongate body” (emphasis added). It is unclear as to how the braided funnel can be caused to variably expand based on force applied to the elongate body, which is claimed as a separate portion of the device. 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.
Claim(s) 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Martin et al, US 2013/0317589.
Regarding claims 1, 3, 4, 5 and 13, Martin discloses a medical device (100, Figs. 1-5, 6H, 8) comprising: an elongate body (300) defining a lumen (paras [0068]-[0069]); and an expandable/braided funnel (distal end at 350, Fig. 6H, paras [0068]-[0069] and [0090]) at a distal portion of the elongate body, the expandable/braided funnel being configured to expand to define a funnel opening (distal opening of 350, Fig. 6H, see paras [0061], [0068], [0090]), wherein the elongate body comprises an inner braid layer (380) and an outer braid layer (378), wherein the inner layer and the outer layer are formed of a continuous length of material that defines a fold at a distal end of the expandable funnel (Fig. 6H, paras [0090]) and extend between a proximal end of the elongate body and the distal end of the braided funnel (Fig. 6H, para [0090]); and/or wherein the braided funnel is formed of a continuous length of material defining a fold at a distal end of the braided funnel (Fig. 6H, paras [0090]), wherein the lumen and the expandable/braided funnel opening are configured to receive a thrombus (para [0088]), and wherein a segment of the elongate body proximal to the expandable/braided funnel is configured to expand in response to passage of the thrombus through the segment (300/350 is compliant along the length and therefore a segment of the body proximal to the distal funnel end is capable of expanding in response to passage of a thrombus through the compliant material, para [0088]).
Regarding claims 2 and 14, Martin discloses wherein the segment defines a first inner diameter (Fig. 4F, para [0075]), wherein the segment is configured to expand to define a second inner diameter to receive the thrombus (para [0075]), the second inner diameter being greater than the first inner diameter (para [0075]), and wherein the segment is configured to recover back at least to an inner diameter smaller than the second inner diameter after passage of the tubular body and the thrombus through the segment (para [0075]; cover 300 can expand to diameter equal or less than structure 200).
Regarding claims 6, 7 and 16, Martin discloses the medical device of claim 1, wherein the segment or braided funnel is configured to be variably expanded based on an amount of a compressive force applied along the elongate body (300/350 is compliant along the length and therefore a segment of the body proximal to the distal funnel end is capable of variable expansion based on the compliant material, para [0088]).
Regarding claims 8 and 15, Martin discloses the medical device of claim 1, wherein the expandable/braided funnel is transformable between a first configuration in which the expandable/braided funnel is compressed and a second configuration in which at least the braided funnel is expanded (paras [0062]-[0062] and [0068]; cover 300 can expand from first configuration and then compressed to second configuration for retrieval or further removal).
Regarding claim 9, Martin discloses the medical device of claim 8, wherein the braided funnel is configured to self-expand (nitinol braid is self-expandable, para [0069], see also para [0074]).
Regarding claim 10, Martin discloses the medical device of claim 1, wherein at least the braided funnel is configured to enlarge a blood vessel by pressing against a wall of the blood vessel (para [0068]).
Regarding claims 11 and 17, Martin discloses a medical device system comprising: the medical device of claim 1 and 13, wherein the medical device is a first medical device (300); and a second medical device (200, Figs. 1-5, para [0060]), wherein the lumen and the funnel opening of the first medical device are configured to receive the second medical device (paras [0061]-[0062], Figs. 2B-C), and wherein the segment of the elongate body proximal to the expandable/braided funnel is configured to expand in response to passage of at least a portion of the second medical device through the segment (see paras [0061], [0068], [0090]).
Regarding claims 12 and 18, Martin discloses the medical device system of claim 11, wherein the second medical device includes a thrombus capture device configured to retrieve the thrombus (para [0060]).
Regarding claim 19, Martin discloses a method comprising: withdrawing a thrombus into a lumen of an elongate body of a catheter (300) through a funnel opening defined by an expandable funnel of the catheter (distal end at 350, Fig. 6H, paras [0068]-[0069] and [0090]; see also Figs. 4A-I, paras [0074]-[0078]), wherein the elongate body comprises an inner layer (380) and an outer layer (378), wherein the inner layer and the outer layer are formed of a continuous length of material that defines a fold at a distal end of the expandable funnel (Fig. 6H, para [0090]), wherein the lumen and the expandable funnel opening are configured to receive a thrombus (para [0088]), and wherein a segment of the elongate body proximal to the expandable funnel is configured to expand in response to passage of the thrombus through the segment (300/350 is compliant along the length and therefore a segment of the body proximal to the distal funnel end is capable of expanding in response to passage of a thrombus through the compliant material, para [0088]).
Regarding claim 20, Martin discloses the method of claim 19, wherein withdrawing the thrombus into the lumen of the elongate body comprises engaging the thrombus with a medical device (200) and withdrawing the thrombus into the lumen of the elongate body with the medical device (paras [0075]-[0076]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATRINA M STRANSKY whose telephone number is (571)270-3843. The examiner can normally be reached Monday-Friday 8:30 am-5:00 pm EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thomas Barrett can be reached at (571)272-4746. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KATRINA M STRANSKY/Primary Examiner, Art Unit 3700