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
It is noted that the amendment to claim 1 pertaining to the induction of turbulent flow seems to correspond to the embodiments of Group IV and Group V, not the elected embodiment of Group III. Since the recitations are functional and not explicitly structural, the claims will not be withdrawn in order to move prosecution forward. However, Examiner suggests clarifying which embodiment is being claimed and reiterates that the currently elected embodiment is that of Group III corresponding to Figs. 4A-4B. It is also noted that the original specification does not appear to support the embodiment of Figs. 4A-4B to induce turbulent flow. If Applicant desires to pursue a different species, a divisional should be filed.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 5 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Publication No. 2019/0091462 to Bihlmaier et al. (“Bihlmaier”).
Regarding claim 5, Bihlmaier teaches a catheter assembly comprising a catheter adapter (200, Fig. 2), comprising a distal end (202), a proximal end (end opposite 202 of 200), an inner surface (inner surface of 200) extending through the distal end and the proximal end and forming a lumen (Fig. 2), and a side port (204) comprising a side port inner surface (inner surface of 204) forming a side port pathway through a sidewall of the catheter adapter and in fluid communication with the lumen, a catheter (as better shown in the generic ported intravenous catheter of Fig. 1 as 102) extending distally from the distal end of the catheter adapter, and a septum (203) disposed within the lumen proximal to the side port pathway, wherein the side port pathway comprises a non-cylindrical portion (the protrusion 210 extends into the flow path of the side port and is non-cylindrical), wherein the non-cylindrical portion is configured to direct fluid flow and induce turbulent flow within the catheter assembly (Fig. 2A and [0028]).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 15-18 are rejected under 35 U.S.C. 103 as being unpatentable over Bihlmaier in view of U.S. Patent Publication No. 2015/0231309 to Bihlmaier et al. (“Bihlmaier2”).
Regarding claim 15, Bihlmaier teaches the catheter assembly of claim 5 as shown above, but does not teach the grooves.
Bihlmaier2 teaches a non-cylindrical portion comprising a plurality of ridges or grooves extending generally parallel to a central axis of the side port pathway (Fig. 8B). It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the side port pathway of Bihlmaier with grooves as taught by Bihlmaier2 to elute an antimicrobial agent to provide antimicrobial protection to a medical device ([0112]).
Regarding claim 16, Bihlmaier and Bihlmaier2 teach the catheter assembly of claim 15 as shown above, Bihlmaier2 further teaching the plurality of grooves are evenly spaced around an inner circumference of the side port (Fig. 8B).
Regarding claim 17, Bihlmaier and Bihlmaier2 teach the catheter assembly of claim 15 as shown above, Bihlmaier further teaching the catheter assembly comprising an extension tube (as better shown in the generic ported intravenous catheter of Fig. 1 as 105) integrated with the side port. Once the side port of Bihlmaier has been modified with the grooves of Bihlmaier2, each of the plurality of grooves, as previously shown in the rejection of claim 15, would include a proximal end proximate the extension tube.
Regarding claim 18, Bihlmaier and Bihlmaier2 teach the catheter assembly of claim 15 as shown above. Once the side port of Bihlmaier is modified with the grooves of Bihlmaier2, each of the plurality of grooves would comprise a distal end proximate the lumen as the side port is adjacent the lumen.
Response to Arguments
Applicant’s arguments and amendments with respect to claim objections have been fully considered and are persuasive. The claim objections have been withdrawn.
Applicant’s arguments and amendments with respect to the art rejections have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Bihlmaier alone.
Conclusion
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/B.K./Examiner, Art Unit 3783 /THEODORE J STIGELL/Primary Examiner, Art Unit 3783
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