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 in response to the Applicant’s amendment filed 20 November 2025 wherein Claims 1 – 3 and 7 – 15 are amended, Claims 4 – 6 are cancelled, and no claims are newly added.
The Applicant’s amendment to the Claims dated 20 November 2025 has overcome each Claim Objection set forth in the Non-Final Rejection dated 10 October 2024 (hereinafter referred to as the “Non-Final Rejection”). Therefore each Claim Objection set forth in the Non-Final Rejection are withdrawn.
The Applicant’s amendment to the Claims has overcome each Claim Rejection under 35 U.S.C. § 112(b) rejection set forth in the Non-Final Rejection. Therefore, each Claim Rejection under 35 U.S.C. § 112(b) set forth in the Non-Final Rejection are withdrawn.
Response to Arguments
Applicant’s arguments, see pages 5 –13, filed 20 November 2025, with respect to the 35 U.S.C. §§ 102 and 103 rejections regarding Larkin (US 2014/0343531 A1; cited within the Notice of References Cited form dated 10 October 2024) and various secondary references have been fully considered and are persuasive. The 35 U.S.C. 102 and 103 rejections in view of Larkin and various secondary references have been withdrawn.
Applicant's arguments regarding the 35 U.S.C. 103 rejection in view of Gautsche et al. (US 2001/0049504 A1; hereinafter referred to as “Gautsche”; cited within the Notice of References Cited form dated 10 October 2024) and Wright et al. (US 2010/0114034 A1; hereinafter referred to as “Wright”; cited within the Notice of References Cited form dated 10 October 2024), filed 20 November 2025 have been fully considered but they are not persuasive.
Gautsche Discloses First and Second Fastening Extremities
The Applicant alleges that the left cylindrical bore (45) and the right cylindrical bore (45) of Gautsche cannot be considered extremities because they are not one of the extremes of the body of the device. See page 7 of the Remarks dated 20 November 2025 The Examiner respectfully disagrees.
According to Merriam Webster Dictionary an “extremity” is the farthest or most remote part, section or point. Here, the left and right cylindrical bores (45) of the body of the device of Gautsche may be classified as an “extremity” of the body of the device because they are the farthest or remote part of the body as shown in Figure 5. The Applicant next alleges that because the left and right cylindrical bores are located in the center of the body of the device they cannot be considered an extremity. This is also unpersuasive because the Claims do not recite that the first and second extremity are located away from the center of the body. Finally, the Applicant’s arguments that the left and right cylindrical bores cannot be considered an extremity because they are located interiorly/inside of the body is found to be unpersuasive because under this rationale then the first and second extremities of the Applicant’s invention could not be considered “extremities” either. The Examiner has provided an annotated figure below further explaining this. As shown by the Applicant’s drawings the fastening functionality occurs along the longitudinal groove of the first and second extremity. The longitudinal grooves are along the interior or inside of the body. Therefore, if the Applicant’s definition is believed then the extremities as shown and claimed could not be considered as “extremities.”
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Based on the rationale above, none of the Applicant’s aforementioned arguments pertaining to the left and right cylindrical bores (45) are persuasive.
Gautsche Discloses the Connecting Section Extending Between the First and Second Longitudinal Grooves
Gautsche discloses that the connecting section comprises a first portion and a second portion extending between the first and second longitudinal grooves, in such a way that the first fastening extremity, the first portion of the connecting section, the second fastening extremity and the second portion of the connecting section form the body with a closed perimeter outline that defines a hollow internal space adapted to be set between a first open position and a second closed position.
Gautsche discloses the connecting section (40, 70, 110) comprises a first portion (70) and a second portion (40, 110) extending between the first and second longitudinal grooves (see at 45 in Fig. 4) (see Figs. 4 – 5), in such a way that the first fastening extremity, the first portion of the connecting section, the second fastening extremity and the second portion of the connecting section form the body with a closed perimeter outline (see Fig. 5 and [0066] wherein when the strap member 70 is closed there is a closed perimeter outline formed) that defines a hollow internal space (see when the retaining strap member 70 is fastened to the planar support member 110 as disclosed within [0066]) adapted to be set between a first open position (see Fig. 5) and a second closed position (see [0066] when the strap member 70 is affixed to the planar fastening member 110 via the fastener member 85 and the aperture 90 of the planar fastening member 110). The first and second portion of the connecting section are between the first and second longitudinal grooves of the first and second extremities because as shown in Fig. 5 the designated first and second section of the connecting section extend between the first and second longitudinal grooves of the first and second extremities. Therefore the Applicant’s argument pertaining to the connecting section not extending between the first and second longitudinal grooves is unpersuasive.
Gautsche Discloses that the Fastening of the Catheter Portion in the Fasteners Does Depend on Arranging the Hollow Internal Space
Gautsche does disclose that the fastening of the catheter portion in the fasteners (45) does depend on arranging the hollow internal space in the second closed position because paragraphs [0063] and [0066] describe that the catheter portion is held in place by manipulating the strap member (70) identified as a part of the connection section of the current application. Therefore, the fastening of the catheter portion in the fasteners (45) does depend on arranging the hollow internal space because this internal space is changed by the strap member’s manipulation. Therefore, the Applicant’s argument that Gautsche does not disclose that the fastening of the catheter portion in the fasteners depends on the arrangement of the hollow internal space is found to be unpersuasive.
Applicant’s Argument is not in the Claim Language
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., “once the tongue-and-groove joint forming the anchoring means is coupled, the second portion of the connecting section becomes concavely arched, providing an ergonomic shape for the user, for example, a patient to whom the device is attached…providing the lower part of the connecting section of the body of the device with an ergonomic shape for its installation”) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
The Applicant’s argument pertaining to Gautsche not having a concave and arched configuration at its bottom and therefore no ergonomic shape is acquired is unpersuasive because it relies upon structure and configurations that are not recited within the Claim language.
Wright Discloses a Tongue and Groove Joint
The opening (33) and central member (60) of Wright are a tongue and groove joint based on the definition provided by the Applicant (i.e., a kind of joint in which a tongue fits exactly into the groove of another). See page 12 of the Remarks dated 20 November 2025. Here as shown in Figures 1 – 2B and 5A – 5B of Wright and discussed within paragraph [0047], the central member or tongue (66) fits exactly into the groove or opening (33). Therefore, Wright does disclose a tongue and groove joint and the Applicant’s argument suggesting otherwise is found to be unpersuasive.
35 U.S.C. 103 Rejections in view of Gautsche and Other Secondary References Maintained
The Examiner maintains the 35 U.S.C. 103 rejections in view of Gautsche modified in view of Wright and/or Greary et al. (US 5,269,803 A) because none of the aforementioned arguments have been found to be persuasive. See the Examiner’s explanations above.
Power of Attorney – Interview Summary
The Examiner called the Applicant's representative Darrell G. Mottley on 5 January 2025 to request that a Power of Attorney be filed for the application in order to discuss some Examiner's Amendments to bring the Application to a condition of allowance. Attorney Mottley returned the Examiner’s call on 7 January 2025 and stated that he would file a Power of Attorney and then call back. However, no power of attorney has been filed nor has the Attorney called the Examiner back. The Examiner suggests filing a Power of Attorney with the next response in case any further Examiner’s Amendments are necessary.
Allowable Subject Matter
The following Claim 1 drafted by the Examiner and considered to distinguish patentably over the art of record in this application, is presented to applicant for consideration:
A device for securing a peripheral venous catheter, which includes an integral body (1) comprising a first fastening extremity (1.1), a second fastening extremity (1.2) and a connecting section (1.3) that interconnects the first fastening extremity (1.1) and the second fastening extremity (1.2), the first and second fastening extremities (1.1, 1.2) are tubular- shaped and comprise a first longitudinal groove (1.11) and a second longitudinal groove (1.21) respectively, such that through said first and second longitudinal grooves (1.11, 1.21) a portion of the catheter (2) may be inserted to be fastened in a folded manner as a safety loop (2.1) between the first and second fastening extremities (1.1, 1.2), wherein the connecting section (1.3) comprises a first portion (1.31) and a second portion (1.32) extending between the first and second longitudinal grooves (1.11, 1.21), in such a way that the first fastening extremity (1.1), the first portion (1.31) of the connecting section (1.3), the second fastening extremity (1.2) and the second portion (1.32) of the connecting section (1.3) form the body (1) with a contiguous closed perimeter outline that defines a contiguous hollow internal space (1.4) adapted to be set between a first open position and a second closed position, where, through the hollow internal space (1.4), in the first open position, the portion of the catheter (2) may be inserted for attachment thereof to the first and second fastening extremities (1.1, 1.2), and said portion of the catheter (2) being fastened at said first and second fastening extremities (1.1, 1.2) by arranging the hollow internal space (1.4) in [[its]] the second closed position, wherein anchoring means from the first portion (1.31) to the second portion (1.32) of the connecting section (1.3), adapted to maintain the hollow internal space (1.4) of the body (1) in the second closed position, are a tongue-and-groove joint (1.5), wherein the tongue-and-groove joint (1.5) comprises a first recess-shaped part (1.51) arranged flush between sub-portions (1.311, 1.312) of the first portion (1.31) of the connecting section (1.3), and a second projection-shaped part (1.52) arranged raised from a centre of the second portion (1.32).
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do use the word “means,” and are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“adjustment means to adjust the body to the user” in claim 14. For the purpose of examination, the “adjustment means” will be interpreted to be a tongue-and-groove joint or similar structure as set forth within page 11, lines 5 - 13.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1 – 3 and 7 – 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gautsche et al. (US 2001/0049504 A1; hereinafter referred to as “Gautsche”) modified in view of Wright et al. (US 2010/0114034 A1; hereinafter referred to as “Wright”).
Gautsche and Wright are cited in the Notice of References Cited form dated 10 October 2024.
With regards to claim 1, Gautsche discloses (Figs. 4 – 5) a device (100) for securing a peripheral venous catheter (see [0059] “The IV tube line”), which includes a body (40, 45, 70, 110) comprising a first fastening extremity (45) (see the left cylindrical bore 45 in Fig. 4), a second fastening extremity (45) (see the right cylindrical bore 45 in Fig. 4) and a connecting section (70, 110) that interconnects the first fastening extremity and the second fastening extremity (see Fig. 5 which shows the interconnection between the first fastening extremity 45, the second fastening extremity 45, and the connecting section 40, 70, 110), the first and second fastening extremities are tubular-shaped (see [0056] “cylindrical bore 45”) and comprise a first longitudinal groove (see at left 45 in Fig. 4) and a second longitudinal groove (see at right 45 in Fig. 4) respectively, such that through said first and second longitudinal grooves a portion of the catheter may be inserted to be fastened in a folded manner as a safety loop between the first and second fastening extremities (the language of “such that through said longitudinal grooves a portion of the catheter may be inserted to be fastened in a folded manner as a safety loop between the first and second fastening extremities” constitutes functional claim language. The claim is an apparatus claim, and is to be limited by structural limitations. The Office submits that the device of Gautsche meets the structural limitations of the claim, and is capable having a portion of the catheter inserted and fastened in a folded manner as a safety loop between the first and second fastening extremities. The first and second fastening extremities are capable of having a portion of the catheter inserted and fastened in a folded manner as a safety loop based on paragraph [0066] disclosing “the tube holding members 40 may be cylindrical in shape with a central cylindrical bore 45 for accepting IV tubing as depicted in FIGS. 1”), wherein the connecting section comprises a first portion (70) and a second portion (40, 110) extending between the first and second longitudinal grooves (see Figs. 4 – 5), in such a way that the first fastening extremity, the first portion of the connecting section, the second fastening extremity and the second portion of the connecting section form the body with a closed perimeter outline (see Examiner annotated Fig. 5 below; hereinafter referred to as Fig. A and see [0066]) that defines a hollow internal space (see at the annotated closed perimeter outline in Fig. A when the retaining strap member 70 is fastened to the planar support member 110 as disclosed within [0066]) adapted to be set between a first open position (see Fig. 5) and a second closed position (see [0066] when the strap member 70 is affixed to the planar fastening member 110 via the fastener member 85 and the aperture 90 of the planar fastening member 110), where, through the hollow internal space, in the first open position, the portion of the catheter may be inserted for attachment thereof to the first and second fastening extremities (see [0066] and Figs. 4 – 5), and said portion of the catheter being fastened at said first and second fastening extremities by arranging the hollow internal space in its second closed position (see [0066] when the strap member 70 is affixed to the planar fastening member 110 via the fastener member 85 and the aperture 90 of the planar fastening member 110).
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However Gautsche is silent with regards to wherein anchoring means from the first portion to the second portion of the connecting section, adapted to maintain the hollow internal space of the body in the second closed position, are a tongue-and-groove joint, wherein the tongue-and-groove joint comprises a first recess-shaped part arranged flush between sub-portions of the first portion of the connecting section, and a second projection-shaped part arranged raised from a centre of the second portion.
Nonetheless Wright, which is within the analogous of securement devices for catheters (see abstract), teaches (Figs. 1 – 2B and 5A – 5B) wherein anchoring means (33, 60) (see [0047]) from the first portion (50) to the second portion (20) of the connecting section (20, 50), adapted to maintain the hollow internal space of the body in the second closed position (see Fig. 2A and 2B which show the central member 60 inserted into opening 33 where the hollow internal space shown near 33 in Fig. 1 to be maintained) are a tongue-and groove joint (33, 60) (see [0047]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to modify the strap member 70 of the device of Gautsche in view of a teaching of Wright such that the strap member comprises anchoring means from the first portion to the second portion of the connecting section, adapted to maintain the hollow internal space of the body in the second closed position, are a tongue-and-groove joint. Here, the strap (first portion) and tube holding members and planar support member (second portion) of Gautsche would be modified to include the anchoring means of the retention strap (first portion) and retainer (second portion) of Wright. One of ordinary skill in the art would have been motivated to make this modification, as Wright teaches this anchoring means prevents the retention strap (first portion) from being inadvertently pulled out of the opening of the retainer (second portion) while the device is being used for catheter securement (see [0046] of Wright). Additionally, this structure provides an anchoring means that may accommodate a variety of catheter sizes thereby reducing the complexity of the sourcing, storage, and selection of catheter anchoring devices (see [0005] of Wright).
The device of Gautsche modified in view of a teaching of Wright will hereinafter be referred to as the device of Gautsche and Wright.
Wright further teaches wherein the tongue-and-groove joint (33, 60) comprises a second protrusion-shaped part (60) arranged flush between the sub-portions (the sub-portion is from 53 to 64 and 54 to 64 in Fig. 1) of the first portion (50) of the connecting section (20, 50), and a first recess-shaped part (33) arranged raised from a centre of the second portion (20).
Please note that the disclosure of Wright contains the reverse configuration of the first recess-shaped part and the second protrusion-shaped part recited in claims 6 – 7.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to reverse the configuration taught by Wright such that the tongue-and-groove joint comprises a first recess-shaped part arranged flush between the sub-portions of the first portion of the connecting section, and a second projection-shaped part arranged raised from a centre of the second portion since it has been held that a mere reversal of essential working parts of a device involves only routine skill in the art. In re Gazda, 219 F.2d 449, 104 USPQ 400 (CCPA 1955); MPEP 2144(IV)(A). It would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to modify the anchor means of the device of Gautsche and Wright in view of a further teaching of Wright such that the tongue-and-groove joint comprises a first recess-shaped part arranged flush between the sub-portions of the first portion of the connecting section, and a second projection-shaped part arranged raised from a centre of the second portion. One of ordinary skill in the art would have been motivated to make this modification because Wright teaches this anchoring means prevents the retention strap/first portion from being inadvertently pulled out of the opening of the second portion while the device is being used for catheter securement (see [0046] of Wright).
With regards to claim 2, the device of Gautsche and Wright teaches the claimed invention of claim 1, and Gautsche further teaches (Figs. 4 – 5) wherein the first portion (70) of the connecting section (40, 70, 110) has a greater length than the second portion (40, 110) (see Fig. 5 which shows the first portion, extending from the first end 75 of the strap member 70 to the second end 80 of the strap member 70, being longer than the second portion 40, 110).
With regards to claim 3, the device of Gautsche and Wright teaches the claimed invention of claim 2, and Gautsche further teaches (Figs. 4 – 5) wherein the two sub-portions of the first portion and the second portion (see the Examiner’s annotated Fig. 5 below; hereinafter referred to as Fig. B) form a triangular-shaped closed perimeter outline (see [0066] “Fig. 4 shows the tube holding member 40 as triangular members” wherein the triangular shape of the tube holding member 40, the strap 70 which fits over the tube holding members 40 and the planar fastening member 110 forms the triangular-shaped closed perimeter outline).
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With regards to claim 7, the device of Gautsche and Wright teaches the claimed invention of claim 1, however, Gautsche is silent with regards to wherein the first recess-shaped part of the tongue-and-groove joint has a tubular geometry and the second projection-shaped part has a cylindrical geometry.
Nonetheless Wright, which is within the analogous of securement devices for catheters (see abstract), further teaches (Figs. 1 – 2B and 5A – 5B) the first recess-shaped part of the tongue-and-groove joint has a tubular geometry (see at 33 in Fig. 5A) and the second projection-shaped part has a cylindrical geometry (see at 60 in Fig. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to modify the shape of the first recess-shaped part and the second projection-shaped part of the device of Gautsche and Wright in view of a further teaching of Wright such that the first recess-shaped part of the tongue-and-groove joint has a tubular geometry and the second projection-shaped part has a cylindrical geometry since such a modification would have involved a mere change in the form or shape of a component. A change in form or shape is generally recognized as being within the level of ordinary skill in the art. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966); MPEP 2144.04(IV)(B). Additionally, one of ordinary skill in the art would have been motivated to make this modification because this structure provides an anchoring means that may accommodate a variety of catheter sizes thereby reducing the complexity of the sourcing, storage, and selection of catheter anchoring devices (see [0005] of Wright).
With regards to claim 8, the device of Gautsche and Wright teaches the claimed invention of claim 1, and Gautsche further teaches (Figs. 4 – 5) wherein the body (40, 45, 70, 110) comprises a constant cross section throughout a length (see Fig. 5 which shows the body comprising a constant cross section throughout a length).
With regards to claim 9, the device of Gautsche and Wright teaches the claimed invention of claim 1, and Gautsche further teaches (Figs. 4 – 5) wherein, in the second closed position (see [0066] when the fastener member 85 is attached to the aperture 90) of the hollow internal space (see at the closed perimeter outline in Fig. A reiterated below), the first fastening extremity (45) (see left cylindrical bore 45 in Fig. 4) and the second fastening extremity (45) (see right cylindrical bore 45 in Fig. 4) comprise respective internal diameters equal to or less than an external diameter of the catheter (see [0059] “The cylindrical bore 45 is sized to be slightly larger than standard IV tube lines, thereby allowing the IV line to slide through the bore 45 with minimum effort. However, there is sufficient friction between the IV tube line and the bore interior surface of the tube holder member 40 to prevent undue slippage of the IV tube line.”), where the internal diameters of said first and second fastening extremities generate a compression value on the catheter that guarantees the immobilisation of said catheter without strangling the catheter (see [0059]).
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With regards to claim 10, the device of Gautsche and Wright teaches the claimed invention of claim 1, and Gautsche further teaches (Figs. 4 – 5) wherein the first fastening extremity (45) (see left cylindrical bore 45 in Fig. 4) and the second fastening extremity (45) (see right cylindrical bore 45 in Fig. 4) are arranged raised (see Figs. 4 – 5) on the second portion (40, 110) of the connecting section (40, 70, 110).
With regards to claim 11, the device of Gautsche and Wright teaches the claimed invention of claim 1, and Gautsche further teaches (Figs. 4 – 5) wherein the body (40, 45, 70, 110, 125) comprises a strap portion (125) adapted to secure the body to a user (see [0066] “The straps 125 are of sufficient length to encircle a human limb, such as an arm or leg”).
With regards to claim 12, the device of Gautsche and Wright teaches the claimed invention of claim 11, and Gautsche further teaches (Figs. 4 – 5) wherein the strap portion (see both 125s in Fig. 5) is integrated into the body (40, 45, 70, 110, 125) as respective first and second side prolongations (see at the left 125 and right 125 in Fig. 5) of the second portion (40, 110, 125) of the connecting section (40, 70, 110, 125).
With regards to claim 13, the device of Gautsche and Wright teaches the claimed invention of claim 12, and Gautsche further teaches (Figs. 4 – 5) wherein the first and second side prolongations (see at the left 125 and right 125 in Fig. 5) extend below the second portion (40, 110) of the connecting section (40, 70, 110, 125).
With regards to claim 14, the device of Gautsche and Wright teaches the claimed invention of claim 11, and Gautsche further teaches (Figs. 4 – 5) wherein the strap portion (see both 125s in Fig. 5) comprises adjustment means (see [0066] “A pair of hook and loop fastener straps 125 are secured at a first end 130 to the bottom side 120 of the support member 110. The straps 125 are of sufficient length to encircle a human limb, such as an arm or leg”) to adjust the body to the user.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gautsche and Wright as applied to Claim 14 above and in further view of Geary et al. (US 5,269,803 A; hereinafter referred to as “Geary”).
Geary is cited in the Notice of References Cited form dated 10 October 2024.
With regards to claim 15, the device of Gautsche and Wright teaches the claimed invention of claim 14, however Gautsche is silent with regards to wherein the adjustment means are a second tongue-and-groove joint comprising at least one first projection-shaped portion arranged raised on a first free end of a first side prolongation of the strap portion, and a plurality of second recess-shaped portions arranged in a row flush with a second free end of a second side prolongation of the strap portion.
Nonetheless Geary, which is within the analogous art of straps and tongue-and-groove joints (see Col. 5, lines 39 – 56), teaches (Figs. 1 – 3 and 6 – 9) the adjustment means (26, 30) are a second tongue-and-groove joint (see Col. 5, lines 39 – 56) comprising at least one first projection-shaped portion (30) arranged raised on a first free end (see at 30 in Fig. 9) of a first side prolongation (24) of the strap portion (22), and a plurality of second recess-shaped portions (26) arranged in a row flush with a second free end (see at 26 in Fig. 9) of a second side prolongation (see leftmost side of strap 22 in Fig. 9) of the strap portion.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to modify the adjustment means of the device of Gautsche and Wright in view of a teaching of Geary such that the adjustment means are a second tongue-and-groove joint comprising at least one first projection-shaped portion arranged raised on a first free end of a first side prolongation of the strap portion, and a plurality of second recess-shaped portions arranged in a row flush with a second free end of a second side prolongation of the strap portion. One of ordinary skill in the art would have been motivated to make this modification, as Geary teaches this adjustment means as this configuration allows for convenient and one-handed installation of the strap of the band upon the arm by the medical attendant (see Col. 5, lines 57 – 68 of Geary). Additionally, the strap of the band allows for selective tightening and locking about a patient’s appendage (see Col. 4, lines 5 – 15 of Geary).
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.
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/ROBERT F ALLEN/Examiner, Art Unit 3783
/WILLIAM R CARPENTER/Primary Examiner, Art Unit 3783
01/29/2026