Prosecution Insights
Last updated: April 18, 2026
Application No. 17/972,757

System for Reduced Buckling of a Probe During Deployment of a Blood Draw Device

Non-Final OA §102§103
Filed
Oct 25, 2022
Examiner
PATEL, NIDHI NIRAJ
Art Unit
3791
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
BECTON, DICKINSON AND COMPANY
OA Round
1 (Non-Final)
56%
Grant Probability
Moderate
1-2
OA Rounds
3y 10m
To Grant
99%
With Interview

Examiner Intelligence

Grants 56% of resolved cases
56%
Career Allow Rate
61 granted / 109 resolved
-14.0% vs TC avg
Strong +46% interview lift
Without
With
+45.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 10m
Avg Prosecution
39 currently pending
Career history
148
Total Applications
across all art units

Statute-Specific Performance

§101
16.3%
-23.7% vs TC avg
§103
43.7%
+3.7% vs TC avg
§102
15.7%
-24.3% vs TC avg
§112
19.3%
-20.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 109 resolved cases

Office Action

§102 §103
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 Applicant's election with traverse of Species A1 and A2 in the reply filed on February 13, 2026 is acknowledged. The traversal is on the ground(s) that the Examiner fails to properly establish why there would be a serious search and/or examination burden . This is not found persuasive because Examiner established in the Restriction Requirement mailed December 29, 2025 that the species or groupings of patentably indistinct species have acquired a separate status in the art in view of their different classification; the species or groupings of patentably indistinct species have acquired a separate status in the art due to their recognized divergent subject matter; and/or the species or groupings of patentably indistinct species require a different field of search (e.g., searching different classes/subclasses or electronic resources, or employing different search strategies or search queries). As such, a serious search and/or examination burden exists. The Applicant’s characterization of this explanation as “boilerplate” does not change the fact an explanation was actually given. With respect to the Applicant’s argument that when searching one of the species A1, B1, and C1, the Examiner will also encounter the subject matter of the other species and, when searching one of the species A2, B2, and C2, the Examiner will also encounter the subject matter of the other species, these arguments are not persuasive. T he species have physical attributes that are different from each other. The thorough searching for each species will involve different strategies and search terms because different terms are necessarily used to describe different physical attributes. Searching for one set of physical attributes using one set of search terms would not necessarily involve or encompass a different set of physical attributes that is described with different terms. Furthermore, the examination process is made burdensome by the analysis of multiple structures with respect to the statutory requirements of 35 USC 112, 101, 102, and 103. The requirement is still deemed proper and is therefore made FINAL. Further, Examiner notes that Species A1 is readable on claims 11-14 and that Species A2 reads on claims 23-24 with claims 1-11 being generic for both. Therefore, claims 15-22 and 25-28 are withdrawn from consideration as being directed to non-elected species. Claims 1-14 and 23-24 are pending. 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 1 and 5-7 are rejected under 35 U.S.C. 102(a)( 1 ) as being anticipated by Ehrenreich (US 20180272107 A1; cited by applicant). With respect to claim 1 , Ehrenreich discloses a fluid transfer device (see paragraph 0161-0165 and Figs. 42-43 : fluid transfer device #300 ) comprising: a catheter having a proximal end portion and a distal end portion and defining a lumen extending through the proximal end portion and the distal end portion ( see paragraph 0161-0165 : catheter # 9 60 ; and see paragraph 0049: catheter has proximal end and distal end and defines a lumen therethrough ) ; an introducer having a proximal end portion and a distal end portion ( see paragraph 0161-0165 and Figs. 42-43 : introducer # 9 10 has proximal end portion # 9 11 and distal end portion # 9 12 ) , the introducer defining an inner volume configured to movably receive the catheter (s ee paragraph 0161-0165 and Figs. 42-43 : inner volume # 9 13 ) , the distal end portion of the introducer having a lock configured to couple the introducer to an indwelling peripheral intravenous line (see paragraph 0161-0165 : distal end portion # 9 12 of introducer # 9 10 is coupled to lock # 9 40 that couples introducer # 9 10 to a PIV ) ; an actuator movably coupled to the introducer ( see paragraph 0161-0165 : actuator # 9 70 is moveably disposed within introducer # 9 10 ) , the actuator having a first portion disposed outside of the introducer (see paragraph 0161-0165 : actuator # 9 70 has first portion # 9 71 that is configured to moveably couple to introducer ) and a second portion disposed in the inner volume of the introducer and coupled to the proximal end portion of the catheter (see paragraph 0161-0165 : actuator # 9 70 has second portion # 9 75 that is configured to couple to proximal end of catheter ) , the actuator configured to move relative to the introducer to move the catheter between a first position, in which the catheter is disposed within the introducer ( see paragraph 0161-0165 ) , and a second position, in which the distal end portion of the catheter is disposed beyond the distal end portion of the introducer such that at least a first portion of the catheter is disposed within the peripheral intravenous line when the introducer is coupled to the peripheral intravenous line (see paragraph 0161-0165 ) ; and a catheter support defining a passageway movably coupled to an introducer and positioned between an actuator and the distal end portion of the introducer (see paragraph 0162 and Fig. 42-43: internal support member #986 that is received by an introducer #910 and is positioned between actuator #970 and a distal end of introducer #910) ; wherein the catheter extends from the second portion of the actuator through the passageway of the catheter support to the distal end portion of the introducer (see paragraph 0162-0163 and Fig. 42-43: catheter #960 extends from actuator #970 through the passageway of internal support member #986 to support distal end of introducer #910), and during movement of the actuator to move the catheter from the first position to the second position, the actuator contacts at least a portion of the catheter support and moves the catheter support with respect to the introducer (see paragraph 0162-0165: when user moves actuator #970 along a length of introducer #910 the second portion of the actuator #975 and the catheter #960 are moved within the internal support member #986 ) . With respect to claim 5 , all limitations of claim 1 apply in which Ehrenreich further teaches wherein the passageway is sized and shaped to allow the catheter to freely pass through the passageway while containing the catheter to prevent excessive movement of the catheter within the inner volume of the introducer (see paragraph 0161-0165 and Fig. 42-43: internal support member #986 that is received by an introducer #910 and is positioned between actuator #970 and a distal end of introducer #910 to allow catheter to pass through but also it substantially prevents undesired deflection and/or deformation of a catheter). With respect to claim 6 , all limitations of claim 1 apply in which Ehrenreich further teaches wherein the passageway comprises a proximal portion adjacent to and in fluid communication with a proximal opening of the passageway (see paragraph 0161-0165 and Fig. 42-43: proximal portion is open for fluid communication) and a distal portion adjacent to and in fluid communication with a distal opening of the passageway (see paragraph 0161-0165 and Fig. 42-43: distal portion is open for fluid communication), the distal portion of the passageway is substantially cylindrical (see paragraph 0161-0165 and Fig. 42-43: cylindrical tubing), and the proximal portion is cone-shaped or funnel-shaped such that a diameter of the proximal portion decreases in a distal direction from the proximal opening to a juncture between the proximal portion of the passageway and the distal portion of the passageway (see paragraph 0161-0165 and Fig. 42-43; and see paragraph 0179: funnel shaped). With respect to claim 7 , all limitations of claim 6 apply in which Ehrenreich further teaches wherein a diameter of the distal opening of the passageway is smaller than a diameter of the proximal opening of the passageway, and the diameter of the proximal portion decreases in a distal direction from the diameter of the proximal opening to the diameter of the distal opening of the passageway (see paragraph 0161-0165 and Fig. 42-43; and see paragraph 0179: funnel shaped). 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 . This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claims 2- 4 , 8 -1 4 and 23-24 are rejected under 35 U.S.C. 103 as being unpatentable over Ehrenreich. With respect to claim 2 , all limitations of claim 1 apply in which Ehrenreich in a different embodiment teaches wherein the catheter support comprises a bracket portion (see paragraph 0156: support member #780 includes a second portion #784) ; and a hub portion including the passageway and extending from the bracket portion (see paragraph 0156: support member #780 includes a first portion #783) . It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Devgon and Ehrenreich with a different embodiment taught by Ehrenreich because Ehrenreich teaches that any combination of any features and/or components from any of the embodiments can be done (Ehrenreich: see [0201]). With respect to claim 3 , all limitations of claim 2 apply in which Ehrenreich further teaches wherein a first portion of the actuator and the bracket portion of the catheter support are positioned within a first portion of the inner volume of the introducer (see paragraph 0161-0165: first portion #971 of actuator #970 is disposed on the outside of the introducer) and a second portion of the actuator and the hub portion of the catheter support are positioned within a second portion of the inner volume of the introducer (see paragraph 0161-0165: second portion #975 of actuator #970 is disposed within inner volume #913 of the introducer) , and wherein the first portion of the inner volume defines an axis that is parallel to and offset from an axis defined by the second portion of the inner volume (see Fig. 42-43) . With respect to claim 4 , all limitations of claim 2 apply in which Ehrenreich further teaches wherein the bracket portion of the catheter support has a profile corresponding to an outer surface of a flange provided on the inner surface of the introducer ( see paragraph 0156: support member #780 includes a second portion #784 which corresponds to an outer surface of flange #740) , such that the bracket portion fits over and at least partially covers the flange and is movable with respect to the introducer along the flange (see Fig. 39-40). With respect to claim 8 , all limitations of claim 2 apply in which Ehrenreich further teaches wherein the hub portion of the catheter support is positioned between the actuator and the distal end portion of the introducer, such that the hub portion divides an unsupported length of the catheter between the actuator and the distal end portion of the introducer into two smaller portions (see paragraph 0162 and Fig. 42-43: internal support member #986 that is received by an introducer #910 and is positioned between actuator #970 and a distal end of introducer #910; and see Fig. 39 and see paragraph 0156: support member #780 includes a first portion #783) . With respect to claim 9 , all limitations of claim 2 apply in which Ehrenreich further teaches wherein, when the actuator is moved in the distal direction partially advancing of the catheter towards the second position, the actuator contacts the hub portion of the catheter support ( see paragraph 0162-0163 and Fig. 42-43: catheter #960 extends from actuator #970 through the passageway of internal support member #986 to support distal end of introducer #910 ; and see Fig. 35-36, 39-40 and paragraph 0146-0150, 0155-0157: #700 can be the same in form and/or function as #400 where in #400 a user can exert a force on actuator to move actuator along the introducer which moves catheter to a first portion in which the catheter is disposed in the introducer) , and during further movement of the actuator in the distal direction, the actuator pushes the hub portion of the catheter support in the distal direction and the bracket portion of the catheter support is advanced along the flange in the distal direction ( see paragraph 0162-0163 and Fig. 42-43: catheter #960 extends from actuator #970 through the passageway of internal support member #986 to support distal end of introducer #910 ; and see Fig. 35-36, 39-40 and paragraph 0146-0150, 0155-0157: #700 can be the same in form and/or function as #400 where in #400 a user can exert a force on actuator to move actuator along the introducer which moves catheter to a second portion in which the catheter extends distally beyond the introducer). With respect to claim 10 , all limitations of claim 9 apply in which Ehrenreich further teaches wherein a portion of the actuator is sized and shaped to be at least partially received within a portion of the passageway of the hub portion (see paragraph 0162: second portion #975 of actuator #970 is disposed within inner volume #913 of introducer #910 where it is disposed within a lock where the lock can be the same as #740 which is coupled to support member #780). With respect to claim 11 , all limitations of claim 1 apply in which Ehrenreich further teaches further comprises a coupling for releasably coupling the actuator to the catheter support (see paragraph 0162 and Fig. 42-43: internal support member #986 that is received by an introducer #910 and is positioned between actuator #970 and a distal end of introducer #910 and releasably coupled as seen in Fig. 43-43) . With respect to claim 12 , all limitations of claim 11 apply in which Ehrenreich further teaches wherein the coupling comprises one of a protrusion and a recess on a surface of a flexible beam at a distal end the actuator and the other of a protrusion and a recess on a surface of the catheter support (see paragraph 0162: a wall #977 h as a first portion #971 and a second portion #975) . With respect to claim 13 , all limitations of claim 12 apply in which Ehrenreich further teaches wherein a camming surface is provided on a distal end of the flexible beam (see paragraph 0108 and 0203: tab #273 is provided on distal end of wall #277) and/or the catheter support to facilitate flexing of the flexible beam during coupling of the actuator to the catheter support (see paragraph 0108-0109 and 0203: tab #273 can engage outer surface to engage with what it needs to connect to) . With respect to claim 14 , all limitations of claim 12 apply in which Ehrenreich further teaches wherein a stop is provided on the surface of the flexible beam distal to the protrusion or recess (see paragraph 0108-0109: engagement member #272 is provided on surface of wall #277 distal to recess #276 that can be engaged and/or manipulated by a user as a stop) . With respect to claim 23 , all limitations of claim 1 apply in which Ehrenreich further teaches a retraction stop to stop proximal movement of the catheter support (see paragraph 0108-0109: engagement member #272 is provided on surface of wall #277 distal to recess #276 that can be engaged and/or manipulated by a user as a stop) . With respect to claim 24 , all limitations of claim 23 apply in which Ehrenreich further teaches a flange provided on an inner surface of the introducer on which the actuator and the catheter support move, wherein the retraction stop extends upwardly from the flange and a portion of the actuator that moves along the flange includes a groove corresponding to the retraction stop, such that the actuator can move proximally past the retraction stop while proximal movement of the catheter support past the retraction stop is restricted ( see paragraph 0162-0163 and Fig. 42-43: catheter #960 extends from actuator #970 through the passageway of internal support member #986 to support distal end of introducer #910 ; and see Fig. 35-36, 39-40 and paragraph 0146-0150, 0155-0157: #700 can be the same in form and/or function as #400 where in #400 a user can exert a force on actuator to move actuator along the introducer which moves catheter to a second portion in which the catheter extends distally beyond the introducer; and see paragraph 0108-0109: engagement member #272 is provided on surface of wall #277 distal to recess #276 that can be engaged and/or manipulated by a user as a stop) . Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT NIDHI PATEL whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-2379 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Mondays to Fridays 9AM-5PM . Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the exa miner’s supervisor, FILLIN "SPE Name?" \* MERGEFORMAT Jennifer Robertson can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT (571) 272-5001 . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /N.N.P./ Examiner, Art Unit 3791 /MATTHEW KREMER/ Primary Examiner, Art Unit 3791
Read full office action

Prosecution Timeline

Oct 25, 2022
Application Filed
Apr 01, 2026
Non-Final Rejection — §102, §103 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
56%
Grant Probability
99%
With Interview (+45.9%)
3y 10m
Median Time to Grant
Low
PTA Risk
Based on 109 resolved cases by this examiner. Grant probability derived from career allow rate.

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