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
Applicant’s election without traverse of claims 1-18 in the reply filed on 4/1/2026 is acknowledged.
Claims 19-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 4/1/2026.
Claim Objections
Claim 5 is objected to because of the following informalities: “wherein cover”, line 1, should be “wherein the cover”. Appropriate correction is required.
Claim 17 is objected to because of the following informalities: “wherein cover”, line 1, should be “wherein the cover”. Appropriate correction is required.
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.
Claims 1-2, 7, 10, 13-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20160235478 Bonneau et al. (hereinafter Bonneau).
Regarding claim 1, Bonneau discloses a retrieval device (10, Fig. 1a-b, 2a-b) for addressing a kidney stone (abstract, paragraph 3, 13-15), comprising:
an elongate member (“retention member shaft”, paragraph 47);
a basket (20, Fig. 1a-2b) connected to a distal end of the elongate member, the basket moveable between a retracted position having a first diameter and an expanded position having a second diameter larger than the first diameter (paragraph 48); and
a cover (24, Fig. 1a-2b) connected to the basket, the cover deployable to form a barrier around the basket after the basket has moved into the expanded position and surrounded a kidney stone (paragraph 60-61).
Regarding claim 2, Bonneau discloses the limitations of claim 1, and further discloses further comprising: a sheath (“inner shaft”, paragraph 48) sized to enclose the basket in the retracted position, wherein the basket exits the sheath when moving into the expanded position (paragraph 48).
Regarding claim 7, Bonneau discloses the limitations of claim 1, and further discloses wherein the cover is water-permeable (paragraph 51, 64, laser drilled holes allow fluid 40 to slowly weep out of cover 24).
Regarding claim 10, Bonneau discloses the limitations of claim 1, and further discloses wherein the cover has a plurality of holes of a preselected size (paragraph 51, 64, laser drilled holes allow fluid 40 to slowly weep out of cover 24).
Regarding claim 13, Bonneau discloses an endoscopic surgical device, comprising:
an endoscope having an instrument channel (paragraph 76);
a retrieval device (10, Fig. 1a-b, 2a-b), comprising:
an elongate member (“retention member shaft”, paragraph 47),
a basket (20, Fig. 1a-2b) connected to a distal end of the elongate member, the basket moveable between a retracted position having a first diameter less than an internal diameter of the instrument channel and an expanded position having a second diameter larger than the internal diameter of the instrument channel (paragraph 48), and
a cover (24, Fig. 1a-2b) connected to the basket, the cover deployable to form a barrier around the basket after the basket has moved out of the instrument channel and into the expanded position and surrounded a kidney stone (paragraph 60-61); and
a laser fiber suitable to deploy through the endoscope and insert into a working space formed by the expanded basket and deployed cover of the retrieval device (paragraph 113, 115).
Regarding claim 14, Bonneau discloses the limitations of claim 13, and further discloses further comprising: a suction tube suitable to deploy through the endoscope and insert into the working space (paragraph 104), the suction tube in fluid communication with a source of suction (paragraph 104, in order to provide a suction force, there is an inherent source of suction).
Claim Rejections - 35 USC § 103
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.
Claims 3, 8-9, 12, 15 are rejected under 35 U.S.C. 103 as being unpatentable over Bonneau in view of US 20060247663 Schwartz et al. (hereinafter Schwartz).
Regarding claim 3, Bonneau discloses the limitations of claim 2, and further discloses the basket comprising:
a plurality of legs (“struts”, paragraph 48, as seen in Fig. 1a-2b) joined at a proximal end to the elongate member (paragraph 48).
Bonneau is silent on the plurality of legs joined at the distal end to an atraumatic tip.
However, Schwartz teaches a retrieval device (400, Fig. 7) for addressing a kidney stone (468, Fig. 9a) (abstract, paragraph 10, 56-57) having a basket (404, Fig. 7-9b) comprising a plurality of legs (416, 420, 424, 428, Fig. 7) joined at a proximal end to an elongate member (450, Fig. 8a-9b) and at the distal end to an atraumatic tip (432, Fig. 7) (as seen in Fig. 7, paragraph 53).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Bonneau with the teachings of Schwartz in order to provide an atraumatic tip with a smooth covering to protect tissue during maneuvering inside a vessel.
Regarding claim 8, Bonneau discloses the limitations of claim 1.
Bonneau is silent on wherein the cover comprises at least one sheet of biocompatible material.
However, Schwartz teaches a retrieval device (400, Fig. 7) for addressing a kidney stone (468, Fig. 9a) (abstract, paragraph 10, 56-57) having a cover (436, Fig. 7, 9a-b) that comprises at least one sheet of biocompatible material (paragraph 57).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Bonneau with the teachings of Schwartz to provide a cover that does not cause harmful toxic, inflammatory or immune reactions when in contact with biological tissue.
Regarding claim 9, the combination of Bonneau and Schwartz teaches the limitations of claim 8, and Schwartz teaches wherein the biocompatible material is thermoplastic, plant fiber, or animal tissue (paragraph 73-74, 77).
Regarding claim 12, Bonneau discloses the limitations of claim 10.
Bonneau is silent on wherein the cover is a wire mesh, the holes comprising spaces between wires of the mesh.
However, Schwartz teaches a retrieval device (400, Fig. 7) for addressing a kidney stone (468, Fig. 9a) (abstract, paragraph 10, 56-57) having a cover (436, Fig. 7, 9a-b) wherein the cover is a wire mesh, the holes comprising spaces between wires of the mesh (paragraph 73, 75-77).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Bonneau with the teachings of Schwartz to have a wire mesh cover to provide electric field shielding and laser resistance as disclosed by Schwartz (paragraph 73, 75-77).
Regarding claim 15, Bonneau discloses the limitations of claim 13, and further discloses the basket of the retrieval device comprising: a plurality of legs (“struts”, paragraph 48, as seen in Fig. 1a-2b) joined at a proximal end to the elongate member (paragraph 48).
Bonneau is silent on the plurality of legs joined at the distal end to an atraumatic tip.
However, Schwartz teaches a retrieval device (400, Fig. 7) for addressing a kidney stone (468, Fig. 9a) (abstract, paragraph 10, 56-57) having a basket (404, Fig. 7-9b) comprising a plurality of legs (416, 420, 424, 428, Fig. 7) joined at a proximal end to an elongate member (450, Fig. 8a-9b) and at the distal end to an atraumatic tip (432, Fig. 7) (as seen in Fig. 7, paragraph 53).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Bonneau with the teachings of Schwartz in order to provide an atraumatic tip with a smooth covering to protect tissue during maneuvering inside a vessel.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Bonneau in view of US 20050033313 Chu et al. (hereinafter Chu).
Regarding claim 11, Bonneau discloses the limitations of claim 10.
Bonneau is silent on wherein the holes are between 1 mm and 5 mm in diameter.
However, Chu teaches a similar device for retrieving kidney stones (abstract, paragraph 1, 6-14) that comprises a cover (24, 2a-e) having holes with a diameter of 3.0 mm or less (paragraph 94).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Bonneau with the teachings of Chu in order to allow small stones to pass through and retain larger stones and maximize lesser energy shielding as disclosed by Chu (paragraph 94).
Allowable Subject Matter
Claims 4-6, 16-18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims and to include the corrections to objections stated above. The following is a statement of reasons for the indication of allowable subject matter: No prior art references alone or in combination with other references teaches each and every limitation of the independent claims. The closest art of record is Bonneau.
Regarding claim 4, Bonneau discloses the limitations of claim 3. However, Bonneau is silent on further comprising: a plurality of strings connected to the cover, the strings running between the cover and the atraumatic tip of the basket such that pulling the strings deploys the cover.
Regarding claim 6, Bonneau discloses the limitations of claim 1. However, Bonneau is silent on further comprising: a plurality of strings connected to the cover, wherein the cover is deployed ahead of the basket such that pulling the strings moves the cover from a distal end of the basket to a proximal end of the basket to form a barrier around the basket.
Regarding claim 16, Bonneau discloses the limitations of claim 13. However, Bonneau is silent on the retrieval device comprising: a plurality of strings connected to the cover, the strings running between the cover and the atraumatic tip of the basket such that pulling the strings deploys the cover.
Regarding claim 18, Bonneau discloses the limitations of claim 13. However, Bonneau is silent on the retrieval device comprising: a plurality of strings connected to the cover, wherein the cover is deployed ahead of the basket such that pulling the strings moves the cover from a distal end of the basket to a proximal end of the basket to form a barrier around the basket.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KHOA TAN LE whose telephone number is (703)756-1252. The examiner can normally be reached Monday - Friday 8am - 4:30pm.
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/KHOA TAN LE/Examiner, Art Unit 3771 /MOHAMED G GABR/Primary Examiner, Art Unit 3771
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