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
This office action is responsive to the amendment filed on February 26, 2026. As directed by the amendment: claims 1-7 have been amended, no claims have been cancelled, and no claims have been added. Thus, claims 1-7 are presently pending in this application. Applicant’s amendment are sufficient to overcome the claim objections and §112(b) rejections of the previous action.
Response to Arguments
Applicant's arguments filed February 26, 2026 have been fully considered but they are not persuasive. On pages 2-3 of the Remarks, Applicant argues that Piontek does not anticipate claim 1 because Piontek does not read on claim 1 lines 7-8 that recite “…permit fluid to flow from the adapter through the one or more channels and through the feeding tube with the anchor remaining seated within the adapter…”. Applicant describes Piontek including a luer type connector for a syringe on the hub 7 as evidence that Piontek does not anticipate Applicant’s invention. In response, Examiner notes that the claim does not recite use of a syringe and a luer connection. As noted below, the claim limitation remains broad in the sense that the fluid flow doesn’t have to occur within any particular time frame or even in a certain order, and therefore because it is possible for fluid to flow through the feeding tube with the anchor seated in the adapter, and then at a later time to permit fluid to flow from the adapter through the one or more channels in the opposite direction, this claim limitation is met by the cited art. Examiner suggests further defining the flow, such as “to permit a unidirectional flow wherein the fluid enters the adapter, then flows through the one or more channels, and then flows through the feeding tube”.
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 1-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Piontek et al. (Piontek) US 5,658,253.
Regarding claim 1, Piontek discloses a feeding tube system comprising: a flexible feeding tube (feeding tube 1, c 3 ln 56) with a distal end and a proximal end (see annotated Fig. 1 below) having an adapter (fitting 3, c 3 ln 57) at the proximal end and a stylet (reinforcement wire 5, c 4 ln 41) with a distal end (distal end opposite proximal end) and a proximal end (proximal end of stylet, see annotated Fig. 1 below) wherein at least a portion of the stylet is positioned within the feeding tube (c 3 ln 5-20) and the stylet having an anchor (hub 7, c 3 ln 59) at the proximal end coupled thereto, wherein the anchor is configured to seat removably within the adapter to prevent the anchor from entering the feeding tube (c 1 ln 63 to c 2 ln 1), and wherein the anchor has one or more channels (channel, see annotated Fig. 4 below) extending through the anchor to permit fluid to flow from the adapter through the one or more channels and through the feeding tube with the anchor remaining seated within the adapter (it is noted that this claim limitation remains broad in the sense that the fluid flow doesn’t have to occur within any particular time frame or even in a certain order, and therefore because it is possible for fluid to flow through the feeding tube with the anchor seated in the adapter, and then at a later time to permit fluid to flow from the adapter through the one or more channels in the opposite direction, this claim limitation is met by the cited art. Examiner suggests further defining the flow, such as “to permit a unidirectional flow wherein the fluid enters the adapter, then flows through the one or more channels, and then flows through the feeding tube”.)
PNG
media_image1.png
884
589
media_image1.png
Greyscale
PNG
media_image2.png
831
561
media_image2.png
Greyscale
Regarding claim 2, Piontek discloses the feeding tube system of claim 1, wherein the anchor has opposing proximal and distal sides and a perimeter edge therebetween, and wherein the one or more channels extend between the proximal and distal sides (see above annotated Fig. 4).
Regarding claim 3, Piontek discloses the feeding tube system of claim 2, wherein the one or more channels are spaced apart from the perimeter edge (see above annotated Fig. 4).
Regarding claim 4, Piontek discloses the feeding tube system of claim 3, wherein the distal side of the anchor is attached to the proximal end of the stylet (Fig. 4) and has a recess (recess, see annotated Fig. 4 above) formed on the distal side of the anchor in fluid communication with the one or more channels (Fig. 4).
Regarding claim 5, Piontek discloses the feeding tube system of claim 4, wherein the feeding tube has an inner diameter and the stylet has an outer diameter smaller than the inner diameter of the feeding tube, thereby providing an annular space surrounding the stylet in the feeding tube (c 1 ln 63 to c 2 ln 1).
Regarding claim 6, Piontek discloses the feeding tube system of claim 5, wherein the adapter has an inlet (inlet, see annotated Fig. 1 above) extending from the proximal end of the feeding tube and defining a shoulder (the inlet defines a shoulder on its distalmost surface) shaped complementary to the anchor to engage with the anchor and prevent it from entering the feeding tube (hub 7 attached to one end of the feeding tube, 1 ln 63 to c 2 ln 1).
Regarding claim 7, Piontek discloses the feeding tube system of claim 6, wherein the anchor is generally disc-shaped (the hub 7 includes flange 11 that is generally disc-shaped, see Fig. 2) and the shoulder is generally annular (the distalmost surface of the inlet to fitting 3 is generally annular, see annotated Fig. 1 above).
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN A DOUBRAVA whose telephone number is (408)918-7561. The examiner can normally be reached M-F 9-5 Pacific Time.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bhisma Mehta can be reached at 571-272-3383. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/J.A.D./Examiner, Art Unit 3783 /James D Ponton/Primary Examiner, Art Unit 3783
Prosecution Insights