DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Response to Amendment
In response to the amendment filed on 03/17/2026, No Claims have been cancelled, and Claims 1-18 are pending.
Election/Restrictions
Applicant’s election WITHOUT traverse of GROUP I, Species A in the reply filed on 03/17/2026 is acknowledged. Claims 9-18 have been withdrawn from further consideration and claims 1-8 are pending.
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 pre-AIA 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 –
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claim(s) 1-6 and 8 is/are rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by Quinn (US PGPub 2007/0129753)
Regarding Claim 1, Quinn teaches a medical device (abstract), comprising:
a multi-lumen sheath (326; Figures 19A; Paragraph 0143) having a central lumen (328; Paragraph 0143) including a wire body (210) longitudinally disposed within the central lumen (328) (best seen in Figures 3A-3B in which the wire body is the tether line 210); and
a filter capsule (550) operably associated with a distal end of the multi-lumen sheath (326; best seen in Figures 16A-16B) and longitudinally translatable within one lumen of the multi-lumen sheath (326; Figures 16A-18H show the longitudinally translatable movement of capsule 550);
a filter member (100; Paragraph 0057; Figure 3A and Figures 16A-18H) having a first end coupled to the wire body (210; Paragraph 0050), the filter member (100) having a diametrically enlarged state (Figures 18A-18B) and a diametrically collapsed state (Figures 18F-18H), wherein the diametrically collapsed state is coaxially disposed with the filter capsule (550) upon movement of the wire body (210) along a longitudinal axis of the multi-lumen sheath (326) (as seen in Figures 18E-18H; Paragraph 0058).
Regarding Claim 2, Quinn discloses the medical device according to Claim 1, wherein the multi-lumen sheath further (326) comprises a first open port (412; Figure 19 and 19A) associated with a first lumen (332) longitudinally disposed through the multi- lumen sheath (326; Paragraph 0173).
Regarding Claim 3, Quinn discloses the medical device according to Claim 2, further comprising a wire (334) operably associated with the longitudinal length of the central lumen (327; Figure 19A).
Regarding Claim 4, Quinn discloses the medical device according to Claim 1, wherein the multi-lumen sheath further comprises a first open port (529) associated with a first lumen (Paragraph 0173) longitudinally disposed through the multi- lumen sheath and a second open port (412) associated with a second lumen (332) longitudinally disposed through the multi-lumen sheath (326; Paragraph 0173).
Regarding Claim 5, Quinn discloses the medical device according to Claim 1, further comprising at least one infusion port (529) associated with at least one infusion lumen in the wire body (334) and positioned within an area of the wire body (330) bounded by the filter member (Paragraph 0173).
Regarding Claim 6, Quinn discloses the medical device according to Claim 5, wherein the at least one infusion port further comprises a plurality of infusion ports (529, 412, and 414) arrayed along a longitudinal axis and a circumferential axis of the wire body (330; Figure 19-19A; Paragraph 0173).
Regarding Claim 8, Quinn discloses the medical device according to Claim 1, wherein the filter member (100) further comprises a plurality of structural members (112; Figure 8) configured to form a plurality of proximal interstitial openings and distal interstitial openings (Figure 8), the proximal interstitial openings being larger in open surface area than the distal interstitial openings (Paragraph 0068 states that the barrier 120 can be disposed on the distal axially facing face of implant 100 and thus the barrier 120 makes the implant have larger proximal interstitial openings than the distal interstitial openings since the distal section has the barrier as in Figure 8).
Allowable Subject Matter
Claim 7 is 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.
Regarding Claim 7, the prior art of record fails to disclose wherein the multi-lumen sheath includes a plurality of openings associated with the first fluid flow lumen along the longitudinal length of the multi-lumen sheath.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMED GAMIL GABR whose telephone number is (571)272-0569. The examiner can normally be reached M-F 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jackie Ho can be reached on (571) 270-5953. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MOHAMED G GABR/Primary Examiner, Art Unit 3771
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