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 .
Priority
This application is a continuation of U.S. patent application Ser. No. 18/311,805, filed on May 3, 2023, now issued as U.S. Pat. No. 12,251,120, which is a continuation of U.S. patent application Ser. No. 17/154,806, filed on Jan. 21, 2021, now issued as U.S. Pat. No. 11,806,033, which is a continuation of U.S. patent application Ser. No. 16/160,920, filed on Oct. 15, 2018, now issued as U.S. Pat. No. 10,912,577, which is a continuation of U.S. patent application Ser. No. 15/498,320, filed on Apr. 26, 2017, now issued as U.S. Pat. No. 10,098,651, which claims the benefit of U.S. Provisional Application No. 62/444,705, filed on Jan. 10, 2017.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 21-34 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-11, 13 and 16-17, respectively, of U.S. Patent No. 12,310,608 (hereinafter “the patent”). Although the claims at issue are not identical, they are not patentably distinct from each other because all limitation in claims 21-34 of the application can be found in claims 1-11, 13 and 16-17, respectively, of the patent. Examiner notes that the limitation of “closed cells” in claim 1 of the patent is more specific than the limitation of “openings” in claim 21 of the patent application. The more specific anticipates the broader.
The claims match-up with respect to one another as listed below:
Patent Application No. 19/028,568
US Patent No. 12,310,608
Claim 21. A thrombus extraction device, comprising:
a coring element comprising a plurality of interconnected struts, wherein the coring element includes a distal end portion defining a plurality of openings; and
a mesh structure comprising a plurality of filaments and extending distally from the distal end portion of the coring element, wherein each of the filaments extends through a corresponding one of the openings such that a first portion of each of the filaments extends distally from the distal end portion of the coring element and a second portion of each of the filaments extends distally from the distal end portion of the coring element, and wherein the first portions and the second portions of the filaments are woven together.
Claim 1. A thrombus extraction device, comprising:
a coring element comprising a plurality of interconnected struts and having a distal end portion, wherein the interconnected struts form closed cells at a distal end portion of the coring element; and
a mesh structure comprising a plurality of filaments and extending distally from the distal end portion of the coring element, wherein each of the filaments extends through a corresponding one of the closed cells such that a first portion of each of the filaments extends distally from the distal end portion of the coring element and a second portion of each of the filaments extends distally from the distal end portion of the coring element, and wherein the first portions and the second portions of the filaments are woven together.
Claim 22. The thrombus extraction device of claim 21 wherein the openings extend circumferentially about a longitudinal axis of the coring element.
Claim 2. The thrombus extraction device of claim 1 wherein the closed cells extend circumferentially about a longitudinal axis of the coring element.
Claim 23. The thrombus extraction device of claim 21 wherein the first portion of each of the filaments comprises a first distal end portion, wherein the second portion of each of the filaments comprises a second distal end portion, and wherein the first distal end portion and the second distal end portion of each of the filaments are secured together.
Claim 3. The thrombus extraction device of claim 1 wherein the first portion of each of the filaments comprises a first distal end portion, wherein the second portion of each of the filaments comprises a second distal end portion, and wherein the first distal end portion and the second distal end portion of each of the filaments are secured together.
Claim 24. The thrombus extraction device of claim 23 wherein the first distal end portion and the second distal end portion of each of the filaments are secured together at a hub.
Claim 4. The thrombus extraction device of claim 3 wherein the first distal end portion and the second distal end portion of each of the filaments are secured together at a hub.
Claim 25. The thrombus extraction device of claim 23 wherein the first distal end portion and the second distal end portion of each of the filaments are secured together at an atraumatic tip.
Claim 5. The thrombus extraction device of claim 3 wherein the first distal end portion and the second distal end portion of each of the filaments are secured together at an atraumatic tip.
Claim 26. The thrombus extraction device of claim 23, further comprising: a first shaft coupled to a proximal end portion of the coring element; and a second shaft, wherein the first distal end portion and the second distal end portion of each of the filaments are secured together to the second shaft.
Claim 6. The thrombus extraction device of claim 3, further comprising: a first shaft coupled to a proximal end portion of the coring element; and a second shaft, wherein the first distal end portion and the second distal end portion of each of the filaments are secured together to the second shaft.
Claim 27. The thrombus extraction device of claim 26 wherein the first shaft and the second shaft are movable relative to one another.
Claim 7. The thrombus extraction device of claim 6 wherein the first shaft and the second shaft are movable relative to one another.
Claim 28. The thrombus extraction device of claim 21 wherein the coring element is configured to self-expand when unconstrained.
Claim 8. The thrombus extraction device of claim 1 wherein the coring element is configured to self-expand when unconstrained.
Claim 29. The thrombus extraction device of claim 21 wherein at least some of filaments form a loop about the corresponding one of the openings.
Claim 9. The thrombus extraction device of claim 1 wherein at least some of filaments form a loop about the corresponding one of the closed cells.
Claim 30. The thrombus extraction device of claim 21 wherein at least some of filaments do not form a loop about the corresponding one of the filaments.
Claim 10. The thrombus extraction device of claim 1 wherein at least some of filaments do not form a loop about the corresponding one of the closed cells.
Claim 31. The thrombus extraction device of claim 21 wherein the filaments comprise first filaments and second filaments, wherein individual ones of the first filaments form a loop about the corresponding one of the openings, and wherein individual ones of the second filaments do not form a loop about the corresponding one of the openings.
Claim 11. The thrombus extraction device of claim 1 wherein the filaments comprise first filaments and second filaments, wherein individual ones of the first filaments form a loop about the corresponding one of the closed cells, and wherein individual ones of the second filaments do not form a loop about the corresponding one of the closed cells.
Claim 32. The thrombus extraction device of claim 21 wherein the first portions and the second portions of the filaments are woven together to have a generally cylindrical shape.
Claim 13. The thrombus extraction device of claim 1 wherein the first portions and the second portions of the filaments are woven together to have a generally cylindrical shape.
Claim 33. The thrombus extraction device of claim 21 wherein a number of the filaments is the same as a number of the openings.
Claim 16. The thrombus extraction device of claim 1 wherein a number of the filaments is the same as a number of the closed cells.
Claim 34. The thrombus extraction device of claim 21 wherein a number of the filaments is greater than a number of the openings.
Claim 17. The thrombus extraction device of claim 1 wherein a number of the filaments is twice as great as a number of the closed cells.
Allowable Subject Matter
Claims 21-34 would be allowable if a terminal disclaimer is filed to overcome the nonstatutory double patenting rejection set forth above.
Claim 35-40 allowable.
Holloway (US 2015/0032144, hereinafter “Holloway”) discloses a thrombus extraction device (FIG. 1-9, FIG. 1 is reproduced below), comprising: a coring element 16 comprising a plurality of interconnected struts, wherein the coring element includes a distal end portion defining a plurality of openings 20 (FIG. 2A); and a mesh structure 50 comprising a plurality of filaments and extending distally from the distal end portion of the coring element.
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There is no art of record alone or in combination that discloses a thrombus extraction device that includes the combination of recited limitation in claim 21. Prior art of record did not disclose the limitation of wherein each of the filaments extends through a corresponding one of the openings such that a first portion of each of the filaments extends distally from the distal end portion of the coring element and a second portion of each of the filaments extends distally from the distal end portion of the coring element, and wherein the first portions and the second portions of the filaments are woven together.
There is no art of record alone or in combination that discloses A method of manufacturing a thrombus extraction device that includes the combination of recited limitation in claim 35. Prior art of record did not disclose the limitation of threading each of the filaments through a corresponding one of the openings such that a first portion of each of the filaments extends distally from the distal end portion of the coring element and a second portion of each of the filaments extends distally from the distal end portion of the coring element; and weaving the first portions and the second portions of the filaments together to form a mesh structure that extends distally from the distal end portion of the coring element.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TUAN V NGUYEN whose telephone number is (571)272-5962. The examiner can normally be reached Monday - Friday 8:30 AM - 5:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jackie Ho can be reached at 571-272-4696. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TUAN V NGUYEN/Primary Examiner, Art Unit 3771
