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
The amendment filed January 14, 2026 has been entered. Claims 1-3, 5-6, 8, 26, and 28 remain pending in the application. Claims 4, 7, 9-25, and 27 have been cancelled. Applicant’s amendments to the specification have overcome the specification objections previously set forth in the Non-Final Rejection mailed October 16, 2025. The amendment to the claims did not overcome the rejections under 35 USC 112 previously set forth in the Non-Final Rejection; see details below.
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.
Claims 26 and 28 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.
Regarding claim 26, the limitation “wherein when the push tab is in the depressed position, a gap is provided between the proximal surface of the push tab and the outer surface of the catheter adapter and between the arced portion edge that is arced and the outer surface of the catheter adapter” in lines 11-15 is a recitation of new matter. The disclosure as originally filed does not provide support for a gap between the proximal surface of the push tab and the catheter adapter or a gap between the arced portion edge that is arced of the push tab and the catheter adapter. The specification as originally filed does not include any disclosure of the claimed gaps. Figure 1D as originally filed shows the push tab in the depressed position, but does not explicitly depict the claimed gaps.
Claim 28 is rejected for being dependent on claim 26.
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 2-3 and 26-28 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 claim 2, the limitation “the push tab comprises two opposing protrusions, wherein the catheter adapter comprises two opposing indents” in lines 1-2 renders the claim indefinite. It is unclear if the “two opposing protrusions” and “two opposing idents” are the same structures introduced in claim 1, lines 4-5: “push tab comprising two opposing protrusions configured to interface with two opposing indents of the catheter adapter” or if the push tab comprises two sets of two opposing protrusions and the catheter adapter comprises two sets of two opposing indents. For examination purposes, the examiner has interpreted “the push tab comprises two opposing protrusions, wherein the catheter adapter comprises two opposing indents” to be the same structures as “two opposing protrusions” and “two opposing idents” introduced in claim 1, lines 4-5. It is suggested to amend claim 2, lines 1-4 to “The catheter assembly of claim 1,
Claim 3 is rejected for being dependent upon claim 2.
Claim 26 recites the limitation "the arced portion edge that is arced" in line 14. There is insufficient antecedent basis for this limitation in the claim. It is unclear if the limitation “arced portion that edge that is arced” is the same structure as “edge that is arced” introduced in line 9 or if the push tab comprises both an “edge that is arced” and a separate “arced portion that edge that is arced”. For examination purposes, the examiner has interpreted “the arced portion that edge that is arced” as the same structure as “edge that is arced”. It is suggested to amend claim 26, line 14 to “…between thean arced portion of the edge that is arced”, or similar.
Claim 28 is rejected for being dependent upon claim 26.
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-3, 5-6, 26, and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Ebner et al. (US 2020/0338314) in view of Neoh et al. (US 20170232231) in further view of Korogi et al. (US 20100292673).
Regarding claim 1, Ebner discloses a catheter assembly (Figure 7A, specifically: “In various embodiments, the hinging push tab 701 does not include a resilient portion 723. After threading the catheter and removing the needle from the catheter hub 785, the hinging push tab 701 may be flipped down to simply lay flat against the catheter hub 785. In these embodiments, once down, push tab 701 is out of the way, improving the ability to dress the catheter.” [0084]), comprising:
a catheter adapter (catheter hub 785), comprising a distal end (distal end of hub 785), a proximal end (proximal portion 786), and a lumen extending between the distal end and the proximal end (see Figure 7A(B)); and
a push tab (hinging push tab 701) pivotally coupled to the catheter adapter (“the hinging push tab 701 can pivot or hinge about its point of fixation, starting in the vertical position, but after the needle and TPA are removed, the hinging push tab 701 flips down or can be manually flipped down” [0082]; “After threading the catheter and removing the needle from the catheter hub 785, the hinging push tab 701 may be flipped down to simply lay flat against the catheter hub 785.” [0084]), wherein the push tab is pivotally moveable between a raised position (Figure 7A) and a depressed position (“In various embodiments, the hinging push tab 701 does not include a resilient portion 723. After threading the catheter and removing the needle from the catheter hub 785, the hinging push tab 701 may be flipped down to simply lay flat against the catheter hub 785. In these embodiments, once down, push tab 701 is out of the way, improving the ability to dress the catheter.” [0084]).
Ebner fails to explicitly disclose the push tab comprising two opposing protrusions configured to interface with two opposing indents of the catheter adapter, the two opposing protrusions and the push tab formed as a unitary whole and configured to pivotally couple the push tab to the catheter adapter at a first location of a first protrusion of the two opposing protrusions of the push tab and a first corresponding indent of the two opposing indents of the catheter adapter and a second location of a second protrusion of the two opposing protrusions of the push tab and a second corresponding indent of the two opposing indents of the catheter adapter, wherein the push tab comprises an edge between the first location and the second location, wherein the edge is configured to contact an upper surface of the catheter adapter in response to the push tab pivotally moving from the depressed position to the raised position, wherein the first location and the second location of the push tab are below the upper surface of the catheter adapter such that the push tab is pivotally coupled to the catheter adapter below the upper surface of the catheter adapter.
Neoh teaches a catheter assembly (catheter hub assembly 100 and tubular member 106), comprising: a catheter adapter (catheter hub assembly 100); and a push tab (lever arm 108) comprising two opposing protrusions (left and right side of post: “lever arm 108 includes a post to connect the lever arm 108 to the hub body 102.” [0035]) configured to interface with two opposing indents (left and right openings of hole: “the hub body 102 defines a hole” [0035]) of the catheter adapter configured to pivotally couple the push tab to the catheter adapter (Figures 1-4) at a first location of a first protrusion (left side of post) of the two opposing protrusions of the push tab and a first corresponding indent (left opening of hole) of the two opposing indents of the catheter adapter and a second location of a second protrusion (right side of post) of the two opposing protrusions of the push tab and a second corresponding indent (left opening of hole) of the two opposing indents of the catheter adapter (“Each of the right and left faces 122 and 124, respectively, include a post 126 positioned closer to the proximal end 112” [0030]; “The lever arm 108 includes a hole 164 that is sized and positioned to receive the post 126 therein to attach the lever arm 108 to the hub body 102. Alternatively, the hub body 102 defines a hole and the lever arm 108 includes a post to connect the lever arm 108 to the hub body 102.” [0035]), wherein the push tab comprises an edge (recessed portion 165) between the first location and the second location (Figure 1), wherein the push tab is pivotally moveable between a raised position (Figure 2) and a depressed position (Figure 1), wherein the edge is configured to contact an upper surface of the catheter adapter in response to the push tab pivotally moving from the depressed position to the raised position (Figures 1-2; “The lever arm 108 has a recessed portion 165 that is configured to slide over or rotate about the protrusion 144 when the lever arm 108 rotates about the post 126.” [0035]), wherein the first location and the second location of the push tab are below the upper surface of the catheter adapter such that the push tab is pivotally coupled to the catheter adapter below the upper surface of the catheter adapter (Figures 1 and 2).
Before the effective filing date of the claimed invention, it would have been obvious to one having ordinary skill in the art to modify the pivoting connection of the push tab pivotally coupled to the catheter adapter of Ebner to include the push tab comprises two opposing protrusions configured to interface with two opposing indents of the catheter adapter to pivotally couple the push tab to the catheter adapter at a first location and a second location, wherein the push tab comprises an edge between the first location and the second location, wherein the edge is configured to contact an upper surface of the catheter adapter in response to the push tab pivotally moving from the depressed position to the raised position, wherein the first location and the second location of the push tab are below the upper surface of the catheter adapter such that the push tab is pivotally coupled to the catheter adapter below the upper surface of the catheter adapter based on the teachings of Neoh to pivotally couple the push tab to the catheter adapter in a manner that allows the push tab to easily rotate between the raised and depressed positions (Neoh [0035]) to ensure that the push tab lies flat against the catheter adapter in the depressed position in order to facilitate placement of a dressing, prevent damage to the dressing, and minimize dead space under the dressing that can lead to contamination (Ebner [0053], [0084]).
Modified Ebner in view of Neoh fails to explicitly teach the two opposing protrusions and the push tab formed as a unitary whole.
Korogi teaches a fluid connector (Figures 13-16) comprising an adapter (access site 208) and a push tab (fluid connector cover 200), the push tab comprising two opposing protrusions (attachment members 210; Figure 15) configured to interface with two opposing indents (corresponding attachment members 211; Figure 16) of the adapter, the two opposing protrusions and the push tab formed as a unitary whole (Figure 15) and configured to pivotally couple the push tab to the adapter at a first location of a first protrusion and a first corresponding indent and a second location of a second protrusion and a second corresponding indent (“Attachment members 210 may create a pivot point for the cover adapter body 212… Referring now to FIG. 16, fluid connector housing 250, with corresponding attachment members 211 to attachment members 210 of FIG. 15, are shown. Attachment members 211 provide snap-in-place and pivoting of cover adapter 200.” [0132]).
Before the effective filing date of the claimed invention, it would have been obvious to one having ordinary skill in the art to further modify the push tab of Ebner in view of Neoh to include the two opposing protrusions and the push tab formed as a unitary whole based on the teachings of Korogi to form a secure pivoting connection between the push tab and the catheter adapter (Korogi [0132]).
Regarding claim 2, modified Ebner teaches the catheter assembly of claim 1, wherein the push tab (push tab 701) comprises a first end (lower portion of push tab 701 attached to catheter hub 785) and a second end (upper portion of push tab 701 away from catheter hub 785) opposite the first end (Figure 7A), wherein the first end is pivotally coupled to the catheter adapter (Figures 7A(A)-(C)), wherein the second end is further from the catheter adapter when the push tab is in the raised position (Figure 7A(A)) than when the push tab is in the depressed position (Figure 7B for example, “In various embodiments, the hinging push tab 701 does not include a resilient portion 723. After threading the catheter and removing the needle from the catheter hub 785, the hinging push tab 701 may be flipped down to simply lay flat against the catheter hub 785.” [0084]).
Modified Ebner fails to explicitly teach wherein the push tab comprises two opposing protrusions, wherein the catheter adapter comprises two opposing indents, wherein the two opposing protrusions are disposed within the two opposing indents to pivotally couple the push tab to the catheter adapter, wherein the first end comprises the two opposing protrusions.
Neoh teaches a catheter assembly (catheter hub assembly 100 and tubular member 106), comprising: a catheter adapter (catheter hub assembly 100); and a push tab (lever arm 108); wherein the push tab comprises two opposing protrusions (left and right side of post: “lever arm 108 includes a post to connect the lever arm 108 to the hub body 102.” [0035]), wherein the catheter adapter comprises two opposing indents (left and right openings of hole: “the hub body 102 defines a hole” [0035]), wherein the two opposing protrusions are disposed within the two opposing indents to pivotally couple the push tab to the catheter adapter (“Each of the right and left faces 122 and 124, respectively, include a post 126 positioned closer to the proximal end 112” [0030]; “The lever arm 108 includes a hole 164 that is sized and positioned to receive the post 126 therein to attach the lever arm 108 to the hub body 102. Alternatively, the hub body 102 defines a hole and the lever arm 108 includes a post to connect the lever arm 108 to the hub body 102.” [0035]), wherein the push tab comprises a first end (at holes 164) and a second end opposite the first end (at rear tab 176), the first end comprising the two opposing protrusions and is pivotally coupled to the catheter adapter (“Each of the right and left faces 122 and 124, respectively, include a post 126 positioned closer to the proximal end 112” [0030]; “The lever arm 108 includes a hole 164 that is sized and positioned to receive the post 126 therein to attach the lever arm 108 to the hub body 102. Alternatively, the hub body 102 defines a hole and the lever arm 108 includes a post to connect the lever arm 108 to the hub body 102.” [0035]; Figures 1-2).
Before the effective filing date of the claimed invention, it would have been obvious to one having ordinary skill in the art to further modify the catheter adapter having a push tab of Ebner to include wherein the push tab comprises two opposing protrusions, wherein the catheter adapter comprises two opposing indents, wherein the two opposing protrusions are disposed within the two opposing indents to pivotally couple the push tab to the catheter adapter and the first end of the push tab comprises the two opposing protrusions based on the teachings of Neoh to pivotally couple the push tab to the catheter adapter in a manner that allows the push tab to easily rotate between the raised and depressed positions (Neoh [0035]) to ensure that the push tab lies flat against the catheter adapter in the depressed position in order to facilitate placement of a dressing, prevent damage to the dressing, and minimize dead space under the dressing that can lead to contamination (Ebner [0053], [0084]).
Regarding claim 3, modified Ebner teaches the catheter assembly of claim 2, wherein the second end (upper portion of push tab 701 away from catheter hub 785) is disposed in a first position in response to the push tab being in the raised position (Figure 7A), wherein the second end is disposed in a second position in response to the push tab being in the depressed position, wherein the second position is proximal to the first position (Figure 7A-7B; “In various embodiments, the hinging push tab 701 does not include a resilient portion 723. After threading the catheter and removing the needle from the catheter hub 785, the hinging push tab 701 may be flipped down to simply lay flat against the catheter hub 785.” [0084]).
Regarding claim 5, modified Ebner teaches the catheter assembly of claim 1, wherein in response to the push tab being in the raised position (Figure 7A), the push tab is perpendicular to a longitudinal axis of the catheter adapter (“the push tab extending radially from the outer surface of the tubular housing at an angle to the central axis…the angle is about 90° such that the distal face of the push tab is flush with the distal circumferential opening of the tubular housing.” [0006-0007]; Figure 7A).
Regarding claim 6, modified Ebner teaches the catheter assembly of claim 1, wherein in response to the push tab being in the depressed position, the push tab is generally aligned with a longitudinal axis of the catheter adapter (“After threading the catheter and removing the needle from the catheter hub 785, the hinging push tab 701 may be flipped down to simply lay flat against the catheter hub 785.” [0084]).
Regarding claim 26, Ebner discloses a catheter assembly (Figure 7A, specifically: “In various embodiments, the hinging push tab 701 does not include a resilient portion 723. After threading the catheter and removing the needle from the catheter hub 785, the hinging push tab 701 may be flipped down to simply lay flat against the catheter hub 785. In these embodiments, once down, push tab 701 is out of the way, improving the ability to dress the catheter.” [0084]), comprising:
a catheter adapter (catheter hub 785), comprising an outer surface (outer surface of catheter hub 785), a distal end (distal end of hub 785), a proximal end (proximal portion 786), and a lumen extending between the distal end and the proximal end (see Figure 7A(B)); and
a push tab (hinging push tab 701) pivotally coupled to the outer surface of the catheter adapter (“the hinging push tab 701 can pivot or hinge about its point of fixation, starting in the vertical position, but after the needle and TPA are removed, the hinging push tab 701 flips down or can be manually flipped down” [0082]; “the hinging push tab 701 may be flipped down to simply lay flat against the catheter hub 785” [0084]), wherein the push tab is pivotally moveable between a raised position (Figure 7A) and a depressed position (“In various embodiments, the hinging push tab 701 does not include a resilient portion 723. After threading the catheter and removing the needle from the catheter hub 785, the hinging push tab 701 may be flipped down to simply lay flat against the catheter hub 785.” [0084]).
Ebner fails to explicitly disclose the push tab pivotally coupled to the outer surface of the catheter adapter via two opposing protrusions of the push tab configured to interface with two opposing indents of the catheter adapter, the two opposing protrusions and the push tab formed as a unitary whole, wherein the push tab comprises a proximal surface that is concave, wherein the push tab further comprises an edge that is arced and configured to contact the catheter adapter in response to the push tab pivotally moving from the depressed position to the raised position, wherein when the push tab is in the depressed position, a gap is provided between the proximal surface of the push tab and the outer surface of the catheter adapter and between the arced portion edge that is arced and the outer surface of the catheter adapter.
Neoh teaches a catheter assembly (catheter hub assembly 100 and tubular member 106), comprising: a catheter adapter (catheter hub assembly 100) having an outer surface (flat surface of upper portion 120); and a push tab (lever arm 108) pivotally coupled to the outer surface of the catheter adapter (Figures 1-4; “Each of the right and left faces 122 and 124, respectively, include a post 126 positioned closer to the proximal end 112” [0030]; “The lever arm 108 includes a hole 164 that is sized and positioned to receive the post 126 therein to attach the lever arm 108 to the hub body 102. Alternatively, the hub body 102 defines a hole and the lever arm 108 includes a post to connect the lever arm 108 to the hub body 102.” [0035]) via two opposing protrusions of the push tab (left and right side of post: “lever arm 108 includes a post to connect the lever arm 108 to the hub body 102.” [0035]) configured to interface with two opposing indents of the catheter adapter (left and right openings of hole: “the hub body 102 defines a hole” [0035]), wherein the push tab is pivotally moveable between a raised position (Figure 2) and a depressed position (Figure 1), wherein the push tab comprises a proximal surface (rear tab 176) that is concave (Figure 3), wherein the push tab further comprises an edge that is arced (edge of recessed portion 165, shown arced in Figures 1 and 2) configured to contact the catheter adapter in response to the push tab pivotally moving from the depressed position to the raised position (Figures 1-2; “The lever arm 108 has a recessed portion 165 that is configured to slide over or rotate about the protrusion 144 when the lever arm 108 rotates about the post 126.” [0035]), wherein when the push tab is in the depressed position (Figures 1 and 4), a gap is provided between the proximal surface of the push tab (rear tab 176) and the outer surface of the catheter adapter (Figure 4 showing a gap between the flat surface of upper portion 120 and rear tab 176) and between the arced portion edge that is arced (edge of recessed portion 165) and the outer surface of the catheter adapter (flat surface of upper portion 120; Figures 1 and 4 showing that the recessed portion 165 is spaced from the flat surface of the upper portion 120 due to the contact between the recessed portion 165 and protrusion 144).
Before the effective filing date of the claimed invention, it would have been obvious to one having ordinary skill in the art to modify the push tab pivotally coupled to the catheter adapter of Ebner to include the push tab comprises a proximal surface that is concave, wherein the push tab further comprises an edge that is arced configured to contact the catheter adapter in response to the push tab pivotally moving from the depressed position to the raised position, wherein when the push tab is in the depressed position, a gap is provided between the proximal surface of the push tab and the outer surface of the catheter adapter and between the arced portion edge that is arced and the outer surface of the catheter adapter based on the teachings of Neoh to pivotally couple the push tab to the catheter adapter in a manner that allows the push tab to easily rotate between the raised and depressed positions (Neoh [0035]) to ensure that the push tab lies flat against the catheter adapter in the depressed position in order to facilitate placement of a dressing, prevent damage to the dressing, and minimize dead space under the dressing that can lead to contamination (Ebner [0053], [0084]).
Modified Ebner in view of Neoh fails to explicitly teach the two opposing protrusions and the push tab formed as a unitary whole.
Korogi teaches a fluid connector (Figures 13-16) comprising an adapter (access site 208) and a push tab (fluid connector cover 200) pivotally coupled to the adapter (“Attachment members 210 may create a pivot point for the cover adapter body 212… Referring now to FIG. 16, fluid connector housing 250, with corresponding attachment members 211 to attachment members 210 of FIG. 15, are shown. Attachment members 211 provide snap-in-place and pivoting of cover adapter 200.” [0132]) via two opposing protrusions of the push tab (attachment members 210; Figure 15) configured to interface with two opposing indents of the adapter (corresponding attachment members 211; Figure 16) of the adapter, the two opposing protrusions and the push tab formed as a unitary whole (Figure 15).
Before the effective filing date of the claimed invention, it would have been obvious to one having ordinary skill in the art to further modify the push tab of Ebner in view of Neoh to include the two opposing protrusions and the push tab formed as a unitary whole based on the teachings of Korogi to form a secure pivoting connection between the push tab and the catheter adapter (Korogi [0132]).
Regarding claim 28, modified Ebner teaches the catheter assembly of claim 26.
Modified Ebner fails to explicitly teach wherein an entirety of the edge that is arced is configured to contact the catheter adapter in response to the push tab pivotally moving from the depressed position to the raised position.
Neoh teaches a catheter assembly (catheter hub assembly 100 and tubular member 106), comprising: a catheter adapter (catheter hub assembly 100); and a push tab (lever arm 108) pivotally coupled to the catheter adapter (Figures 1-4), wherein the push tab comprises an edge that is arced (recessed portion 165, shown arced in Figures 1 and 2), wherein an entirety of the edge that is arced is configured to contact the catheter adapter in response to the push tab pivotally moving from the depressed position to the raised position (Figures 1-2; “The lever arm 108 has a recessed portion 165 that is configured to slide over or rotate about the protrusion 144 when the lever arm 108 rotates about the post 126.” [0035], wherein an entirety of the recessed portion 165 is in contact with the assembly 100 at least because of the pivoting connection of the lever arm 108 with the hub body 102 and because of the engagement between protrusion 144 and recessed portion 165).
Before the effective filing date of the claimed invention, it would have been obvious to one having ordinary skill in the art to further modify the catheter adapter of Ebner to include wherein an entirety of the edge that is arced of the push tab is configured to contact the catheter adapter in response to the push tab pivotally moving from the depressed position to the raised position based on the teachings of Neoh to pivotally couple the push tab to the catheter adapter in a manner that allows the push tab to easily rotate between the raised and depressed positions and allow for simple assembly of the catheter assembly (Neoh [0035]).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Ebner et al. (US 2020/0338314) in view of Neoh et al. (US 20170232231) in further view of Korogi et al. (US 20100292673) as applied in claim 1 above, and further in view of Moulton et al. (US 2004/0102735).
Regarding claim 8, modified Ebner teaches the catheter assembly of claim 1.
Modified Ebner fails to explicitly teach wherein a proximal surface of the push tab is concave.
Moulton teaches a catheter assembly (catheter assembly 20 and introducer needle assembly 30) comprising a catheter adapter (catheter adapter 24) comprising a distal end, a proximal end (Figure 1) and a push tab (push tab 48) coupled to the catheter adapter (Figure 1), wherein a proximal surface of the push tab is concave (“The upstanding tab portion has…a concave proximal face 149.” [0027]).
Before the effective filing date of the claimed invention, it would have been obvious to one having ordinary skill in the art to modify the catheter assembly of Ebner to include the proximal surface of the push tab is concave based on the teachings of Moulton to enhance the comfort and ease of use for the user (Moulton [0028]).
Response to Arguments
Applicant’s arguments with respect to claims 1-3, 5-6, 8, 26 and 28 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
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LEAH J SWANSON whose telephone number is (571)270-0394. The examiner can normally be reached M-F 9 AM- 5 PM ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kevin Sirmons can be reached at (571) 272-4965. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LEAH J SWANSON/Examiner, Art Unit 3783
/LOAN B JIMENEZ/Supervisory Patent Examiner, Art Unit 3784