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 .
Response to Amendment
This office action is responsive to the preliminary amendment filed on 04/15/2025. As directed by the amendment: claims 1, 7, 8, 11, and 19 have been amended and claims 2-6, 10, and 27 have been cancelled. Thus, claims 1, 7-9, 11-26 are presently pending in this application.
Claim Objections
Claim 7 is objected to because of the following informalities: “the the first snare” which should be “the . Appropriate correction is required.
Claim 8 is objected to because of the following informalities: “the the first snare” which should be “the . Appropriate correction is required.
Claim 11 is objected to because of the following informalities: line 11-12 recites “the wire or cable extending through the head and having an engagement with the head” however line 10 already recites “wherein the wire or cable extends through the head” making the recitation in line 11-12 redundant. The Office recommends amending line 11-12 to recite either “the wire or cable extending through the head . Appropriate correction is required.
Claim 19 is objected to because of the following informalities: line 9 recites “the wire or cable extends through the head and distally beyond the head” however line 6-7 already recites “the distal wire or cable extending through the head” making the recitation in line 9 redundant. The Office recommends amending line 9 to recite either “the wire or cable that extends through the head extends distally beyond the head” or “the wire or cable extends . Appropriate correction is required.
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.
Claims 12, 14-16, and 19 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 12 recites “a sheath bore” however independent claim 11 already recites “an elongated sheath having a central, longitudinal bore” rendering it unclear if “a sheath bore” in claim 12 is the same as or different than as the central, longitudinal bore. For examination purposes the limitation will be interpreted as “the central, longitudinal bore”. Appropriate correction is required.
Claim 14 recites “there are two sheath sections next to the slotted portions”. Independent claim 11 already recites “spaced apart sections of the sheath next to the slotted portions” rendering it unclear if the two sheath sections in claim 14 are the same as or different than those recited in claim 11. For examination purposes the limitation will be interpreted as “there are two of the spaces apart sections of the sheath next to the slotted portions”. Appropriate correction is required.
Claim 15 recites “there are three sheath sections next to the slotted portions”. Independent claim 11 already recites “spaced apart sections of the sheath next to the slotted portions” rendering it unclear if the three sheath sections in claim 15 are the same as or different than those recited in claim 11. For examination purposes the limitation will be interpreted as “there are three of the spaces apart sections of the sheath next to the slotted portions”. Appropriate correction is required.
Claim 16 recites “there are four sheath sections next to the slotted portions”. Independent claim 11 already recites “spaced apart sections of the sheath next to the slotted portions” rendering it unclear if the four sheath sections in claim 16 are the same as or different than those recited in claim 11. For examination purposes the limitation will be interpreted as “there are four of the spaces apart sections of the sheath next to the slotted portions”. Appropriate correction is required.
Claim 19 recites the limitation "the distal wire of cable" in line 6. There is insufficient antecedent basis for this limitation in the claim. For examination purposes the limitation will be interpreted as “the distal wire of cable end”. Appropriate correction is required.
Claim 19 recites the limitation "the heat" in line 7. There is insufficient antecedent basis for this limitation in the claim. For examination purposes the limitation will be interpreted as “the head”. Appropriate correction is required.
Claim 19 line 14 recites “said distal wire or cable end being bifurcated to form a wire or cable snare when said distal wire or cable end is advanced distally of said head”. Line 7-8 of claim 19 already recites “the distal wire or cable forming a first snare” rendering it unclear if the wire or cable snare of line 14 is the same as recited in line 7-8 or if it is a second snare. For examination purposes, the claim will be interpreted as the wire or cable snare of line 14 is the same as recited in line 7-8. Appropriate correction is required.
Allowable Subject Matter
Claims 1, 9, and 20-26 are allowed.
Claims 7, 8, and 11-18 would be allowable if rewritten or amended to overcome the claim objections set forth in this Office action.
Claims 12 and 14-16 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claim 19 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, and claim objections set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter: the prior art, alone it in combination, fails to teach or render obvious (in addition to the other limitations of claim 1, 11, 19, and 20): a sheath with a head at the sheath distal end, a wire or cable that occupies a central, longitudinal bore of the sheath, the wire or cable extends through the head and distally beyond the head to form a first snare distally of the head; slotted portions on the sheath at the sheath distal end; spaced apart sections of the sheath next to the slotted portions; and wherein applying tension to the wire or cable proximal end pulls the head proximally to enlarge the slotted portions and curve the spaced apart sheath sections next to the slotted portions. The closest prior art references include Phung et al. (US 20030153944 A1), Katoh et al. (US 20080306499 A1), McCorkle (US 4,471,777), Ouchi (US 5,957,900), Saleh (US 20080091215 A1), and Quinn et al. (US 20150238197 A1).
Phung teaches of a head 20 at a distal end and a wire 16 extending through the head and distally beyond the head (see fig. 1-2). Phung fails to teach a sheath, a first snare distally of the head; slotted portions on the sheath at the sheath distal end; spaced apart sections of the sheath next to the slotted portions; and wherein applying tension to the wire or cable proximal end pulls the head proximally to enlarge the slotted portions and curve the spaced apart sheath sections next to the slotted portions.
Katoh, McCorkle, and Ouchi all teach a sheath with a head at the sheath distal end, a wire or cable that occupies a central, longitudinal bore of the sheath, the wire or cable engages the head; slotted portions on the sheath at the sheath distal end; spaced apart sections of the sheath next to the slotted portions; and wherein applying tension to the wire or cable proximal end pulls the head proximally to enlarge the slotted portions and curve the spaced apart sheath sections next to the slotted portions (see Katoh fig. 5A-5B, McCorkle fig. 15A-15C, and Ouchi fig. 1). Katoh, McCorkle, and Ouchi all fail to teach the wire or cable extends through the head and distally beyond the head to form a first snare distally of the head.
Saleh and Quinn both teach a snare/loop distal of a basket/implant, but fail to teach that the snare/loop is the wire or cable extending through the head and distally beyond the head to form the snare distally of the head.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATHERINE H SCHWIKER whose telephone number is (571)272-9503. The examiner can normally be reached Monday - Friday 7:30 am-4:00 pm.
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/KATHERINE H SCHWIKER/Primary Examiner, Art Unit 3771