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 .
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 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 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.
Claim 25 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lowinger (US Pub No. 2017/0215900).
Regarding claim 25, Lowinger discloses (Figures 1-14) an apparatus (Figure 1) for removing an obstruction from a blood vessel of a subject (Paragraphs 0028-0033), the apparatus comprising: a flexible catheter (102) (Figures 2 and 6-8), having: a proximal part (proximal portion of 102), a distal part (distal portion of 102) that is configured for transluminal advancement into the blood vessel, the distal part defining a catheter-rim (see annotated figure below), and a lumen (110), extending from the proximal part to the catheter-rim (Figures 2 and 6-8); and a trap (112): formed from a set of braided wires (Paragraph 0018) covered in a covering (124) (Paragraph 0018), having a distal opening (see annotated figure below) at a distal end of the trap (Figures 1-2), the distal opening defining: a first shovel (see annotated figure below) formed from wires of the set (Paragraphs 0018-0019), the first shovel protruding distally (Figure 2), and an opposing shovel (see annotated figure below) defined by wires of the set, the opposing shovel being opposite the first shovel and protruding distally (see annotated figure below), and at a proximal end of the trap, defining a proximal opening that defines a trap-rim (see annotated figure below), being biased to assume an expanded state in which the distal opening is wider than the proximal opening and the catheter-rim (clearly shown in Figure 7), and compressible into a compressed state within the lumen in which the distal opening is narrower than in the expanded state (clearly shown in Figure 6).
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Allowable Subject Matter
Claims 1-17, 21 and 23 are allowed.
The following is an examiner’s statement of reasons for indicating allowable subject matter:
The prior art of record of Lowinger (US Pub No. 2017/0215900) fails to disclose the distal end of the trap, having an oval opening that is beveled such that the oval opening has a distal portion, and having a beak, defined by wires of the set, and extending over the proximal portion of the oval opening (claim 1).
The prior art of record of Cattaneo (US Pub No. 2012/0277788) discloses a trap (Figure 5) having a proximal end (15) that has an oval opening that is beveled (Figures 5-9) but fails to disclose a distal end of the trap, having an oval opening that is beveled and having a beak, defined by wires of the set, and extending over the proximal portion of the oval opening (claim 1).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAJID JAMIALAHMADI whose telephone number is (571) 270-0172. The examiner can normally be reached on Monday-Friday 7am-5pm EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Darwin Erezo can be reached on (571) 272-4695. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MAJID JAMIALAHMADI/Primary Examiner, Art Unit 3771