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 .
Acknowledgments
In the reply, filed on April 17, 2026, Applicant amended claims 1-2, 4, 6, 12, 14-15, 17, 23-24, and 26-28.
Applicant cancelled claim 25.
In the non-final rejection of January 20, 2026, Examiner objected to claims 1, 12, 17, and 26. Applicant amended claims 1, 12, 17, and 26. Objection is withdrawn.
Examiner rejected claims 1-2, 4, 6-9, 11-12, 14-15, 17-18, and 22-28 under 35 U.S.C. 112(a). Applicant amended claims 1, 4, 12, and 27, and cancelled claim 25, and argued:
In regards to claim 2: Applicant submits that the amendment to claim 2 finds written support in Applicant's Specification at, for example, paragraphs [0018] and [0050]. See Specification at [0018]; and [0050]. For example, paragraph [0050] of Applicant's Specification recites "said sleeve comprises a material selected from the group consisting of polyethylene (PE), polypropylene (PP), metal, polyethylene terephthalate (PETG), polyvinyl chloride (PVC), PC, acrylic, nylon, acrylonitrile-butadiene-styrene (ABS), polytetrafluoroethylene (PTFE or Teflon), polyvinylidene fluoride (PVDF), polyether ether ketone (PEEK), chlorinated polyvinyl chloride (CPVC), fluorinated ethylene propylene (FEP), perfluoroalkoxyalkanes (PFA), Polyimide, Acetal, polyetherimide, and Ultem." Id. at [0050] (Remarks, pages 11-12). Examiner disagrees. While paragraph [0050] discloses material options for a sleeve, paragraph [0050] does not disclose material options for a “non-bendable” sleeve. Rejection is maintained.
In regards to claim 14: Applicant submits that the amendment to claim 14 finds written support in Applicant's Specification at, for example, paragraphs [0018] and [0079]. See Specification at [0018]; and [0079]. For example, paragraph [0079] of Applicant's Specification recites "said sleeve comprises a material selected from the group consisting of polyethylene (PE), polypropylene (PP), metal, polyethylene terephthalate (PETG), polyvinyl chloride (PVC), PC, acrylic, nylon, acrylonitrile-butadiene-styrene (ABS), polytetrafluoroethylene (PTFE or Teflon), polyvinylidene fluoride (PVDF), polyether ether ketone (PEEK), chlorinated polyvinyl chloride (CPVC), fluorinated ethylene propylene (FEP), perfluoroalkoxyalkanes (PFA), Polyimide, Acetal, polyetherimide, and Ultem." Id. at [0079] (Remarks, pages 16-17). Examiner disagrees. While paragraph [0079] discloses material options for a sleeve, paragraph [0079] does not disclose material options for a “non-bendable” sleeve. Rejection is maintained.
In regards to claim 23: Applicant submits that the amendment to claim 23 finds written support in Applicant's Specification at, for example, paragraphs [0018] and [0050]. See Specification at [0018]; and [0050]. For example, paragraph [0050] of Applicant's Specification recites "the sleeve comprises two or more materials selected from the group consisting of polyethylene (PE), polypropylene (PP), metal, polyethylene terephthalate (PETG), polyvinyl chloride (PVC), PC, acrylic, nylon, acrylonitrile-butadiene- styrene (ABS), polytetrafluoroethylene (PTFE or Teflon), polyvinylidene fluoride (PVDF), polyether ether ketone (PEEK), chlorinated polyvinyl chloride (CPVC), fluorinated ethylene propylene (FEP), perfluoroalkoxyalkanes (PFA), Polyimide, Acetal, polyetherimide, and Ultem." Id. at [0050] (Remarks, page 18). Examiner disagrees. While paragraph [0050] discloses a sleeve to have two or more materials and material options for the two or more materials of the sleeve, paragraph [0050] does not disclose a “non-bendable” sleeve having “two or more materials” and material options for the two or more materials of the “non-bendable” sleeve. Rejection is maintained.
In regards to claim 24: Applicant submits that the amendment to claim 24 finds written support in Applicant's Specification at, for example, paragraphs [0018] and [0079]. See Specification at [0018]; and [0079]. For example, paragraph [0079] of Applicant's Specification recites "the sleeve comprises two or more materials selected from the group consisting of polyethylene (PE), polypropylene (PP), metal, polyethylene terephthalate (PETG), polyvinyl chloride (PVC), PC, acrylic, nylon, acrylonitrile-butadiene- styrene (ABS), polytetrafluoroethylene (PTFE or Teflon), polyvinylidene fluoride (PVDF), polyether ether ketone (PEEK), chlorinated polyvinyl chloride (CPVC), fluorinated ethylene propylene (FEP), perfluoroalkoxyalkanes (PFA), Polyimide, Acetal, polyetherimide, and Ultem." Id. at [0079] (Remarks, page 19). Examiner disagrees. While paragraph [0079] discloses a sleeve to have two or more materials and material options for the two or more materials of the sleeve, paragraph [0079] does not disclose a “non-bendable” sleeve having “two or more materials” and material options for the two or more materials of the “non-bendable” sleeve. Rejection is maintained.
Examiner rejected claims 1-2, 4, 6-9, 11, 22-23, and 25-27 under 35 U.S.C. 112(b). Applicant amended claims 1, 6, and 27. Rejection is withdrawn.
Claim Objections
Claims 1, 12, and 28 are objected to because of the following informalities:
In regards to claim 1, line 1, “the removal” should be changed to “removal”.
In regards to claim 1, line 3, “plastic medical tubing” should be changed to “the plastic medical tubing”.
In regards to claim 1, line 4, “kinks” should be changed to “the kinks”.
In regards to claim 1, line 15, “the use” should be changed to “use”.
In regards to claim 12, line 14, “folds” should be changed to “the folds”.
In regards to claim 12, line 15, “the use” should be changed to “use”.
In regards to claim 28, line 2, “folds” should be changed to “the folds”.
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.
Claims 1-2, 4, 6-9, 11-12, 14-15, 17-18, 22-24, and 26-28 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.
In regards to claim 1, lines 2-3 recite: the device comprising “plastic medical tubing”;
however, such is new matter not described in the Specification. Claims 2, 4, 6-9, 11-12, 14-15, 17-18, 22-24, and 26-28 are rejected by virtue of being dependent upon claim 1.
In regards to claim 2, lines 1-7 recite: wherein the non-bendable sleeve comprises a material selected from the group consisting of “polyethylene (PE), polypropylene (PP), metal, polyethylene terephthalate (PETG), polyvinyl chloride (PVC), polycarbonate (PC), acrylic, nylon, acrylonitrile-butadiene-styrene (ABS), polytetrafluoroethylene (PTFE or Teflon),polyvinylidene fluoride (PVDF), polyether ether ketone (PEEK), chlorinated polyvinyl chloride (CPVC), fluorinated ethylene propylene (FEP), perfluoroalkoxy alkanes (PFA), polyimide, acetal, polyetherimide, and Ultem”; however, such is new matter not described in the Specification.
In regards to claim 14, lines 1-7 recite: wherein the non-bendable sleeve comprises a material selected from the group consisting of “polyethylene (PE), polypropylene (PP), metal, polyethylene terephthalate (PETG), polyvinyl chloride (PVC), polycarbonate (PC), acrylic, nylon, acrylonitrile-butadiene-styrene (ABS), polytetrafluoroethylene (PTFE or Teflon), polyvinylidene fluoride (PVDF), polyether ether ketone (PEEK), chlorinated polyvinyl chloride (CPVC), fluorinated ethylene propylene (FEP), perfluoroalkoxy alkanes (PFA), polyimide, acetal, polyetherimide (PEI), and Ultem”; however, such is new matter not described in the Specification.
In regards to claim 23, lines 1-7 recite: wherein the non-bendable sleeve comprises “two or more materials selected from the group consisting of polyethylene (PE), polypropylene (PP), metal, polyethylene terephthalate (PETG), polyvinyl chloride (PVC), polycarbonate (PC), acrylic, nylon, acrylonitrile-butadiene-styrene (ABS), polytetrafluoroethylene (PTFE or Teflon), polyvinylidene fluoride (PVDF), polyether ether ketone (PEEK), chlorinated polyvinyl chloride (CPVC), fluorinated ethylene propylene (FEP), perfluoroalkoxy alkanes (PFA), polyimide, acetal, polyetherimide, and Ultem”; however, such is new matter not described in the Specification.
In regards to claim 24, lines 1-8 recite: wherein the non-bendable sleeve comprises “two or more materials selected from the group consisting of polyethylene (PE),polypropylene (PP), metal, polyethylene terephthalate (PETG), polyvinyl chloride (PVC),polycarbonate (PC), acrylic, nylon, acrylonitrile-butadiene-styrene (ABS),polytetrafluoroethylene (PTFE or Teflon), polyvinylidene fluoride (PVDF), polyether ether ketone (PEEK), chlorinated polyvinyl chloride (CPVC), fluorinated ethylene propylene (FEP), perfluoroalkoxy alkanes (PFA), polyimide, acetal, polyetherimide, and Ultem”; however, such is new matter not described in the Specification.
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 1-2, 4, 6-9, 11-12, 14-15, 17-18, 22-24, 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.
In regards to claim 1, lines 2-3 recite “the device comprising plastic medical tubing”, which means that the plastic medical tubing is part of the device. Claim 1, lines 1-2 previously recite “A device for the removal of kinks from plastic medical tubing”, which means that the plastic medical tubing is not part of the device. It is unclear how the plastic medical tubing can be both not part of and part of the device. Claims 2, 4, 6-9, 11-12, 14-15, 17-18, 22-24, and 26-28 are rejected by virtue of being dependent upon claim 1.
Conclusion
THIS ACTION IS MADE FINAL. 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.
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/SHEFALI D PATEL/Primary Examiner, Art Unit 3783
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