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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 4/29/2026 has been entered.
Acknowledgment
Claims 1, 3, 5-6, 13 are amended and filed on 4/29/2026.
Election/Restrictions
Newly submitted claims 13, 15-22 are directed to an invention that is independent or distinct from the invention originally claimed for the following reasons: claim 13 include “an insert” belong to non-elected species and was not elected in the remark filed on 6/25/2025 ( the applicant elected septum with an arm as in Fig, 6)
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claims 13, 15-22 are withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
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.
Claim(s) 6-7, 9, 11-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Harding et al. (US. 20200078579A1)(“ Harding”).
Re Claim 6, Harding discloses a catheter assembly (Fig. 1-3b), comprising: a catheter adapter (12), comprising a body (19) and a side port (18) extending outwardly from the body (Fig.3b), wherein the body comprises a distal end (22, Fig. 2c), a proximal end (right end of 19), and an inner surface extending through the distal end and the proximal end and forming a lumen (inner surface of 19, Fig. 2c) wherein the side port comprises a side port pathway (34) extending through the side port and in fluid communication with the lumen (Fig. 3b); a catheter (14) extending distally from the distal end of the catheter adapter (Fig. 3b); and a septum (52, Fig. 3a) disposed within the lumen (Fig. 3b), wherein a distal end of the septum is approximately aligned with or distal to a proximal edge of the side port pathway (inside 60 path, Fig. 3a-3b is distal to the upper side of 34, Fig. 3b), wherein the distal end of the septum comprises a planar distal face generally perpendicular to a center longitudinal axis of the lumen (axis of 52, annotated Fig. 3aof Harding), wherein at least a portion of the planar distal face lies on a side of the center longitudinal axis opposite the side port (Fig. 3a), and an arm extending distally from the planar distal fac (annotated Fig. 3a of Harding), wherein a length of the arm contacts the inner surface of the body (Fog. 3b).
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Annotated Fig. .3a of Harding
Re Claim 7, Harding discloses wherein the side port pathway is generally cylindrical (Fig. 3b).
Re Claim 9, Harding discloses wherein the distal end of the septum is distal to the proximal edge of the side port pathway ( Fig. 3b).
Re Claim 11, Harding discloses wherein an angle of the side port with respect to a longitudinal axis of the body is less than 45° (FIG. 2C, Fig. 4, angle theta, ¶0061).
Re Claim 12, Harding discloses wherein a distal end of the septum is asymmetric (Fig, 4).
Allowable Subject Matter
Claims 1-5 are allowed.
The following is an examiner’s statement of reasons for allowance:
Re Claim 1, a catheter assembly, comprising: a catheter adapter, comprising a body and a side port extending outwardly from the body, a catheter extending distally from the distal end of the catheter adapter; and a septum disposed within the lumen, wherein a distal end of the septum comprises a protrusion spaced apart from an arm, wherein the arm extends more distally than the protrusion, wherein a length of the arm contacts the inner surface of the body, wherein the protrusion is spaced apart from the inner surface of the body, wherein a central axis of the protrusion is offset from a central axis of the septum in combination with other claimed structure was not found or rendered obvious by the prior art of record.
In particular, Hardling (US 20200078579A1) is the closest prior art of record. Even though Hardling discloses a catheter system (Fig. 1-4) comprising: comprising: a catheter adapter (12), comprising a body and a side port (18) extending outwardly from the body (Fig. 4), a catheter extending distally from the distal end of the catheter adapter (14); and a septum (64) disposed within the lumen (Fig. 4), an arm (70), but Hardling fails to disclose a protrusion spaced apart from an arm and wherein the arm extends more distally than the protrusion, wherein a length of the arm contacts the inner surface of the body, wherein the protrusion is spaced apart from the inner surface of the body, wherein a central axis of the protrusion is offset from a central axis of the septum.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HAMZA A. DARB whose telephone number is (571)270-1202. The examiner can normally be reached 8:00-5:00 M-F (EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chelsea Stinson can be reached on (571) 270-1744. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HAMZA A DARB/Examiner, Art Unit 3783 /CHELSEA E STINSON/Supervisory Patent Examiner, Art Unit 3783
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