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 .
Election/Restrictions
Applicant’s election without traverse of Group I (claims 16-23) in the reply filed on 12/19/2025 is acknowledged.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01/05/2022, 03/31/2022, 11/21/2023, 10/24/2024, 01/09/2025, 06/21/2025, and 07/29/2025 were considered by the examiner.
Claim Rejections - 35 USC § 103
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 16-23 are rejected under 35 U.S.C. 103 as being unpatentable over McGurk (US 2004/0243061); in view of Baid (US 9345862).
Regarding Claim 16, McGurk discloses a needle guard (26; Fig.1) comprising: a proximal wall (see annotated figure below) having a distally facing surface (see annotated figure below), a proximally facing surface (see annotated figure below), and a perimeter defining a through opening (see annotated figure below and Fig.1), the proximal wall being made of a first material (stainless steel) (first sentence in parag. [0024]); a first arm (96) extending distally (towards the patient) from the distally facing surface of the proximal wall (Fig.3), the first arm comprising an arm section and a distal wall (see annotated figure below); a second arm (100) extending distally (towards the patient) from the distally facing surface of the proximal wall (Fig.3), the second arm comprising an arm section and a distal wall (see annotated figure below).
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McGurk does not appear to disclose a first arm, a second arm, or both the first arm and the second arm are made of a second material different from a first material of a proximal wall.
Baid teaches it was known in the art to have a needle guard 12 comprising a first arm 50, a second arm 52 made of a strip of material having spring-like properties e.g. a strip of sheet of metal different from a plastic material of a proximal wall 46 as seen in Fig.3A (lines 64-67 in column 13 and lines 1-5 in column 14).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified McGurk to incorporate the teachings of Baid to have a first arm, a second arm, or both the first arm and the second arm are made of a second material different from a first material of a proximal wall in order to further enhance retaining the tip protector in the catheter hub before use of the catheter to prevent accidental removal of the tip protector (lines 34-67 in column 13 and lines 1-5 in column 14).
Regarding Claim 17, McGurk as modified discloses the needle guard according to claim 16, and Baid further teaches wherein the first arm (50) and the second arm (52) are made of the same second material (lines 64-67 in column 13 and lines 1-5 in column 14).
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Regarding Claim 18, McGurk as modified discloses the needle guard according to claim 16, and further discloses comprising an adaptor (74 and 76; see annotated figure below) attached to the proximal wall (see annotated figure below).
Regarding Claim 19, McGurk as modified discloses the needle guard according to claim 18, and further discloses wherein the adaptor (see annotated figure above) comprises at least one engagement tab (80), the engagement tab comprising a locating protrusion (88) for contacting a catheter hub (30) (last sentence in parag. [0024]).
Regarding Claim 20, McGurk as modified discloses the needle guard according to claim 19, and further discloses wherein the engagement tab (80) extends from a side surface of an adaptor body of the adapter (see annotated figure below) and comprises a bend (see annotated figure below) such that the engagement tab (80) extends in a proximal direction or a distal direction (direction towards the patient) (the engagement tab 80 extends in a distal direction as seen in annotated figure below).
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Regarding Claim 21, McGurk as modified discloses the needle guard according to claim 19, and further discloses wherein the engagement tab (80) comprises a locating projection (88) projecting from a surface of the engagement tab (Fig.3).
Regarding Claim 22, McGurk as modified discloses the needle guard according to claim 18, and further discloses wherein the adaptor comprises two or more engagement tabs (80 and 78).
Regarding Claim 23, McGurk as modified discloses the needle guard according to claim 22, and further discloses wherein at least two of the two or more engagement tabs are diametrically opposed around an adaptor body (Fig.3).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TANIA M ISMAIL whose telephone number is (313)446-6625. The examiner can normally be reached Monday-Thursday 8:00-3:30 pm.
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/T.I./Examiner, Art Unit 3783 /BHISMA MEHTA/Supervisory Patent Examiner, Art Unit 3783