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 6 is objected to because of the following informalities: The amendment to claim 6 appears to be grammatically incorrect. It is suggested to amend claim 6 to recite “a center longitudinal axis of at least a portion of the side port extending from the sidewall of the catheter adapterextends at least substantially non-parallel to a center longitudinal axis of the catheter, and wherein a plane of the center longitudinal axis of the catheter is parallel to and non-coincident with a plane of the center longitudinal axis of the side port”. Appropriate correction is required.
Claim 9 is objected to because of the following informalities: Due to the amendments made to claim 6, the terms “plane” and “center longitudinal axis” in the phrase “the plane of the center longitudinal axis of the catheter adapter” of claim 9 now lack proper antecedent basis (since claim 6 only introduces “planes” and “center longitudinal axes” of the catheter and the side port, not of the catheter adapter). This phrase should be amended to recite “[[the]] a plane of [[the]] a center longitudinal axis of the catheter adapter”. Appropriate correction is required.
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.
Claims 6, 9 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yagi et al. (PG PUB 2013/0028841).
Re claim 6, Yagi discloses a peripheral intravenous catheter (as seen Fig 2) comprising: a catheter adapter 1 (Fig 2,4) having a proximal end (to the right in Fig 2) and a distal end (to the left in Fig 2) and a sidewall 2 (Fig 4) forming a lumen (as seen in Fig 6) that extends therebetween; a catheter 103+303 that extends from the distal end (as seen in Fig 2); a side port 5 (Fig 4) that extends outwardly from the sidewall of the catheter adapter (as seen in Fig 4), the side port being in fluid communication with the lumen of the catheter adapter (via opening 15, as seen in Fig 6,8; Para 58), wherein: a center longitudinal axis (extending vertically in Fig 8) of at least a portion of the side port extending from the sidewall of the catheter adapter (as seen in Fig 8), the center longitudinal axis extending at least substantially non-parallel to a center longitudinal axis D (extending into the page in Fig 8, Para 73) of the catheter (as seen in 8, Para 73), and wherein a plane (shown in dotted line in annotated Fig A below) of the center longitudinal axis of the catheter is parallel to and non-coincident with a plane (shown in dashed line in annotated Fig A below) of the center longitudinal axis of the side port (as seen in Fig 8 and annotated Fig A below).
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Re claim 9, Yagi discloses that the longitudinal axis of the side port is substantially parallel to but offset from a plane of a longitudinal axis (coincident with longitudinal axis D of the catheter 103+303) of the catheter adapter (the plane of the longitudinal axis of the catheter adapter 1 is the same as plane of the center longitudinal axis of catheter 103+303; as seen in annotated Fig A above, the longitudinal axis of the side port 5 is parallel to but offset from the plane of the catheter adapter).
Re claim 10, Yagi discloses a flow diverting feature (the reduction in diameter from portion 22 to opening 15, as seen in Fig 9) configured to divert fluid flowing through the side port and into the lumen in a proximal direction (Para 74,77; as seen in Fig 10).
Double Patenting
The amendments to claim 6 filed 11/12/2025 overcome the nonstatutory double patenting rejection set forth in the last Office Action.
Response to Arguments
Applicant’s arguments filed 11/12/2025 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAMI A BOSWORTH whose telephone number is (571)270-5414. The examiner can normally be reached Monday - Thursday 8 am - 4 pm.
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/KAMI A BOSWORTH/Primary Examiner, Art Unit 3783
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