DETAILED ACTION
It is noted during a telephone interview conducted 8/12/26, applicant’s representative acknowledged that the only one adjacent frame cell circumferentially interconnecting the first and second frame cell and the adjacent frame cells to flap inward to allow a clot to press into and through the gap are different structures having different functions (See Attached Interview Summary).
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 2/11/26 has been entered.
Response to Amendment
The amendment filed 5/07/26 has been entered. Claims 1, 8 and 15 are amended. Claims 1- 20 are being addressed by this Office action.
Claim Objections
Claim 17 is objected to because of the following informalities: “wherein the gap extends radially outward from a cylindrical interior of the clot arrestor between the first strut and the second strut to a surrounding environment” should be amended to - - wherein the circumferential gap extends radially outward from a cylindrical interior of the clot arrestor between the first strut and the second strut to a surrounding environment - - to maintain consistent claim terminology. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
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 1- 20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Amended claim 1 recites “wherein the first frame cell and the second frame cell are each circumferentially interconnected to only one adjacent frame cell, and wherein when deployed in free space outside of a vessel the first strut is circumferentially adjacent to and separated from the second strut by a gap having a gap width less than three times a strut width of each of the first strut and the second strut to allow the adjacent frame cells to flap inward to allow a clot to press into and through the gap” in lines 5- 10. There is no embodiment in which the only one adjacent frame cell interconnecting the first frame cell and second frame cell also flaps inward. Paragraph [0056] of the originally filed specification states “The adjacent frame cells can flap down to allow the clot to press into and through the slit, even when the clot is too large to pass through any individual frame cell.” However, there is no support for the same flapping adjacent frame cells performing the function of interconnecting the first frame cell and the second frame cell.
Claims 2 - 7 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as being dependent off claim 1.
Amended claim 8 recites “wherein the first frame cell and the second frame cell are each circumferentially interconnected to only one adjacent frame cell, wherein when deployed in free space outside of a vessel the first strut extends circumferentially adjacent and parallel to the second strut in a longitudinal direction on either side of a circumferential gap in the open frame cell ring, and wherein the circumferential gap has a gap width less than three times a strut width of each of the first strut and the second strut to allow the adjacent frame cells to flap inward to allow a clot to press into and through the gap” in lines 5- 11. There is no embodiment in which the only one adjacent frame cell circumferentially interconnecting the first frame cell and second frame cell also flaps inward. Paragraph [0056] of the originally filed specification states “The adjacent frame cells can flap down to allow the clot to press into and through the slit, even when the clot is too large to pass through any individual frame cell.” However, there is no support for the same flapping adjacent frame cells performing the function of circumferentially interconnecting the first frame cell and the second frame cell.
Claims 9 - 15 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as being dependent off claim 8.
Amended claim 15 recites “wherein the first frame cell and the second frame cell are each circumferentially interconnected to only one adjacent frame cell, wherein when deployed in free space outside of a vessel a circumferential gap separates the first strut from the second strut such that the first strut is circumferentially adjacent to the second strut, and wherein the circumferential gap has a gap width less than three times a strut width of each of the first strut and the second strut to allow the adjacent frame cells to flap inward to allow a clot to press into and through the gap.” in lines 5- 11. There is no embodiment in which the only one adjacent frame cell circumferentially interconnecting the first frame cell and second frame cell also flaps inward. Paragraph [0056] of the originally filed specification states “The adjacent frame cells can flap down to allow the clot to press into and through the slit, even when the clot is too large to pass through any individual frame cell.” However, there is no support for the same flapping adjacent frame cells performing the function of circumferentially interconnecting the first frame cell and the second frame cell.
Claims 16- 20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as being dependent off claim 15.
Claims 1- 20 are 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.
Regarding amended claim 1, as written, it is not clear whether the only one adjacent frame cell circumferentially interconnecting the first and second frame cell and the adjacent frame cells to flap inward to allow a clot to press into and through the gap are the same structures or whether they are different structures.
Claims 2- 7 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being dependent off claim 1.
Regarding amended claim 8, as written, it is not clear whether the only one adjacent frame cell circumferentially interconnecting the first and second frame cell and the adjacent frame cells to flap inward to allow a clot to press into and through the gap are the same structures or whether they are different structures.
Claims 9- 14 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being dependent off of claim 8.
Regarding amended claim 15, as written, it is not clear whether the only one adjacent frame cell circumferentially interconnecting the first and second frame cell and the adjacent frame cells to flap inward to allow a clot to press into and through the gap are the same structures or whether they are different structures.
Claims 16- 20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being dependent off of claim 15.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KANKINDI RWEGO whose telephone number is (303)297-4759. The examiner can normally be reached Monday- Friday: 10:00- 5:00 MT.
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/KANKINDI RWEGO/Primary Examiner, Art Unit 3771
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