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 .
Claim Objections
Claim 18 is objected to because of the following informalities:
Claim 18 should depend from claim 15.
Appropriate correction is required.
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 5 and 15-18 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication No. 2019/0091462 to Bihlmaier et al. (“Bihlmaier”) in view of U.S. Patent Publication No. 2015/0231309 to Bihlmaier et al. (“Bihlmaier2”).
Regarding claim 5, Bihlmaier teaches a catheter assembly comprising a catheter adapter (400, Fig. 4), comprising a distal end (412), a proximal end (end opposite 402 of 400), an inner surface (inner surface of 400) extending through the distal end and the proximal end and forming a lumen (Fig. 4), and a side port (404) comprising a side port inner surface (inner surface of 404) 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 (403) disposed within the lumen proximal to the side port pathway, but does not teach the side port pathway comprising a non-cylindrical portion.
Bihlmaier2 teaches a side port (820, Figs. 8A-8B) comprising a side port inner surface (inner surface of 820) forming a side port pathway (Fig. 8B) comprising a non-cylindrical portion (824). 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 a non-cylindrical portion as taught by Bihlmaier2 to elute an antimicrobial agent to provide antimicrobial protection to a medical device ([0112]).
Regarding claim 15, Bihlmaier and Bihlmaier2 teach the catheter assembly of claim 5 as shown above, Bihlmaier2 further teaching the non-cylindrical portion comprises a plurality of ridges or grooves extending generally parallel to a central axis of the side port pathway (Fig. 8B).
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 (see claim objection above) 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
The drawings were received on 02/06/2026. These drawings are acceptable.
Applicant’s arguments and amendments with respect to drawing objections have been fully considered and are persuasive. The drawing objections have been withdrawn.
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 Bihlmaier2.
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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/B.K./Examiner, Art Unit 3783 /THEODORE J STIGELL/Primary Examiner, Art Unit 3783
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