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 .
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 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.
Response to Amendment
The Response filed February 17, 2026 has been entered. Claims 1-6, 8-13, and 15-21 are pending in the application. The previous objections to the specification are withdrawn in light of Applicant’s amendments to the specification. The previous rejections under obviousness-type double patenting are withdrawn in light of Applicant’s amendments to the claims. Response to applicant's arguments can be found at the end of this Office action.
Allowable Subject Matter
The indicated allowability of previous claims 7, 8, and 14 is withdrawn in view of the newly discovered reference to Berrada et al. (U.S. Patent No. 8956384). Rejections based on the newly cited reference follow.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on February 17, 2026; March 31, 2026; and May 5, 2026 were filed after the mailing date of the Non-final Office Action on January 14, 2026. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 1-6, 8-13, and 15-21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Berrada et al. (U.S. Patent No. 8956384; hereinafter “Berrada”).
Regarding claim 1, Berrada discloses a material capture system (Figs. 16-20B) comprising:
a first shaft (102) defining a central lumen and a central longitudinal axis;
a second shaft (104) configured to be positioned within the central lumen of the first shaft; and
a body (70) defining a first end and a second end,
wherein the first end of the body defines an opening (112),
wherein the second end of the body is attached to the second shaft such that the second end of the body moves relative to the opening via movement of the second shaft relative to the first shaft (col. 24, ll. 48-51), and
wherein the body is configured to be transformed from a compressed configuration to an expanded configuration in which the first end is expanded and the opening defines a radial center offset from the central longitudinal axis (Figs. 16-17; col. 24, ll. 31-47), and
wherein movement of the second shaft distally relative to the first shaft causes an expanded portion of the body to elongate (col. 24, ll. 48-54).
Regarding claim 2, Berrada discloses wherein the second end of the body is fixedly attached to the second shaft (Figs. 3A-3F).
Regarding claim 3, Berrada discloses wherein the second end of the body is attached to an outer surface of the second shaft (Figs. 3A-3F).
Regarding claim 4, Berrada discloses wherein when the body is in the expanded configuration, the second end is compressed (e.g., following the shape for filter body eversion; Fig. 16).
Regarding claim 5, Berrada discloses wherein movement of the second shaft distally relative to the first shaft causes the second end of the body to move distally relative to the opening (Figs. 16-17; col. 24, ll. 48-54).
Regarding claim 6, Berrada discloses wherein movement of the second shaft proximally relative to the first shaft causes the second end of the body to move proximally relative to the opening (Figs. 16-17; col. 24, ll. 24-54).
Regarding claim 8, Berrada discloses wherein movement of the second shaft proximally relative to the first shaft causes the expanded portion of the body to shorten (col. 24, ll. 24-54; see also col. 25, ll. 8-10).
Regarding claim 9, Berrada discloses wherein the central longitudinal axis of the first shaft extends through a perimeter of the opening of the body (e.g., the central longitudinal axis of shaft (102) extends through material of filter body (70) defining the edge of opening (112); Figs. 16-17).
Regarding claim 10, Berrada discloses wherein the perimeter of the opening is attached to the first shaft (Figs. 16-17).
Regarding claim 11, Berrada discloses a material capture system (Figs. 16-20B) comprising:
a first shaft (102) defining a central lumen and a central longitudinal axis;
a second shaft (104) configured to be positioned within the central lumen of the first shaft; and
a body (70) defining a first end and a second end,
wherein the first end of the body defines an opening (112),
wherein the second end of the body is fixedly attached to an outer surface of the second shaft (Figs. 3A-3F) such that the second end of the body moves distally relative to the opening via movement of the second shaft relative to the first shaft (col. 24, ll. 48-51), and
wherein the body is configured to be transformed from a compressed configuration to an expanded configuration in which the first end is expanded and the opening defines a radial center offset from the central longitudinal axis (Figs. 16-17; col. 24, ll. 31-47), and
wherein movement of the second shaft distally relative to the first shaft causes an expanded portion of the body to elongate (col. 24, ll. 48-54).
Regarding claim 12, Berrada discloses wherein when the body is in the expanded configuration, the second end is compressed (e.g., following the shape for filter body eversion; Fig. 16).
Regarding claim 13, Berrada discloses wherein movement of the second shaft proximally relative to the first shaft causes the second end of the body to move proximally relative to the opening (Figs. 16-17; col. 24, ll. 24-54).
Regarding claim 15, Berrada discloses wherein the central longitudinal axis of the first shaft extends through a perimeter of the opening of the body (e.g., the central longitudinal axis of shaft (102) extends through material of filter body (70) defining the edge of opening (112); Figs. 16-17).
Regarding claim 16, Berrada discloses a method comprising:
positioning a material capture system near an obstruction (362; Fig. 16), the material capture system comprising:
a first shaft (102) defining a central lumen and a central longitudinal axis;
a second shaft (104) configured to be positioned within the central lumen of the first shaft; and
a body (70) defining a first end and a second end,
wherein the first end of the body defines an opening (112), and
wherein the second end of the body is attached to the second shaft such that the second end of the body moves relative to the opening via movement of the second shaft relative to the first shaft (col. 24, ll. 48-51), and
wherein movement of the second shaft distally relative to the first shaft causes an expanded portion of the body to elongate (col. 24, ll. 48-54); and
transforming the material capture system from a compressed configuration into an expanded configuration, for capturing the obstruction, in which the first end is expanded and the opening defines a radial center offset from the central longitudinal axis (Figs. 16-17; col. 24, ll. 31-47; see also col. 25, ll. 25-41).
Regarding claim 17, Berrada discloses wherein the second end of the body is fixedly attached to the second shaft (Figs. 3A-3F).
Regarding claim 18, Berrada discloses wherein the second end of the body is attached to an outer surface of the second shaft (Figs. 3A-3F).
Regarding claim 19, Berrada discloses wherein movement of the second shaft distally relative to the first shaft causes the second end of the body to move distally relative to the opening (Figs. 16-17; col. 24, ll. 48-54).
Regarding claim 20, Berrada discloses wherein the central longitudinal axis of the first shaft extends through a perimeter of the opening of the body (e.g., the central longitudinal axis of shaft (102) extends through material of filter body (70) defining the edge of opening (112); Figs. 16-17).
Regarding claim 21, Berrada discloses a material capture system comprising:
a first shaft (102) defining a central lumen and a central longitudinal axis;
a second shaft (104) configured to be positioned within the central lumen of the first shaft; and
a body (70) defining a first end and a second end,
wherein the first end of the body defines an opening (112),
wherein the second end of the body is attached to the second shaft such that the second end of the body moves relative to the opening via movement of the second shaft relative to the first shaft (col. 24, ll. 48-51),
wherein the body is configured to be transformed from a compressed configuration to an expanded configuration in which the first end is expanded and the opening defines a radial center offset from the central longitudinal axis (Figs. 16-17; col. 24, ll. 31-47), and
wherein movement of the second shaft proximally relative to the first shaft causes an expanded portion of the body to shorten (col. 24, ll. 24-54; see also col. 25, ll. 8-10).
Response to Arguments
Applicant’s arguments with respect to claims 1-6, 8-13, and 15-20 (Response pp. 9-10) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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/J.A.H./Jonathan HollmExaminer, Art Unit 3771
/ELIZABETH HOUSTON/Supervisory Patent Examiner, Art Unit 3771
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