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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted before the mailing date of the instant action are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Election/Restrictions
Applicant’s election without traverse of Group I (claims 1-11) in the reply filed on 11/25/2025 is acknowledged.
Claims 12-26 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/25/2025.
Claim Objections
Claims 5 and 9 are objected to because of the following informalities:
On line 3 of claim 5, “the first threads” should read “the plurality of first threads” to provide consistent use of terminology throughout the claims.
On line 2 of claim 9, “the first threads” should read “the plurality of first threads” to provide consistent use of terminology throughout the claims.
On line 3 of claim 9, “the second threads” should read “the plurality of second threads” to provide consistent use of terminology throughout the claims.
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.
Claim(s) 1-5 and 10-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Koch et al. (US 4,929,243; hereafter Koch).
In regard to claim 1, Koch discloses a subcutaneous port assembly (see Fig. 1) comprising: a base (11); a connector (10) extending from a first end attached to the base to a distal end and including an inner surface (inner surface of 10) defining a socket (12) having an inside diameter; a stem (27) extending from the base and into the socket, the stem including an outer surface having an outside diameter that is less than the inside diameter of the socket (shown in Fig. 1); a sealing element (21) disposed within the socket between the stem and the inner surface of the socket (shown in Fig. 1); and a locking member (18) having a plunger (forward portion of 18) received within the socket from the distal end and having a terminal end (19) facing the sealing element (19 faces head 22 of sealing element 21), the plunger axially movable between a first position and a second position to selectively compress the sealing element within the socket (see at least col. 3, lines 27-61).
In regard to claim 2, Koch discloses wherein the stem (27) is surrounded by the sealing element (21) (clearly shown in Fig. 1).
In regard to claim 3, Koch discloses wherein the sealing element (21) is spaced apart from the outside diameter of the outer surface of the stem (27) by a first distance in an uncompressed state (see Fig. 1 and col. 3, lines 27-61).
In regard to claim 4, Koch discloses wherein the plunger in the second position is configured to axially and radially compress the sealing element towards the outside diameter of the outer surface of the stem (see at least col. 3, lines 27-61).
In regard to claim 5, Koch discloses, wherein the locking member (18) further includes a cap (top surface of the plunger portion) attached to the plunger, the cap including a plurality of first threads (17) and the connector (10) includes a plurality of second threads (10a) engaged with the first threads (see col. 2, lines 63-64).
In regard to claim 10, Koch discloses wherein the socket includes a first radial protrusion (10a) on the inner surface and the plunger (18) includes a second radial protrusion (17) on an outer surface of the plunger, the first radial protrusion (10a) and the second radial protrusion (17) configured to selectively engage one another to retain at least a portion of the plunger within the socket (see col. 2, lines 63-64).
In regard to claim 11, Koch discloses wherein the sealing element (21) includes a tapered end (tapered face of 22) facing the terminal end (19) of the plunger (18), the terminal end of the plunger configured to axially and radially compress the tapered end of the sealing element when the plunger moves from the first position to the second position (see at least col. 3, lines 27-61).
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.
Claim(s) 6-9 are rejected under 35 U.S.C. 103 as being unpatentable over Koch in view of Burke (US 3,332,439).
In regard to claims 6-8, Koch fails to disclose wherein the cap includes a position indicator, wherein the position indicator is configured to communicate a rotational position of the cap, and wherein the cap includes a gripping member, the position indicator being provided on the gripping member.
In a similar art, Burke discloses a cap member (12) including a position indicator (60), wherein the position indicator (60) is configured to communicate a rotational position of the cap (see col. 4, lines 18-31), and wherein the cap includes a gripping member (56), the position indicator (60) being provided on the gripping member (see Figs. 1-2). The features allow for gripping the rotational cap member and providing a visual indicator to the user of the rotational position.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Koch with the features of Burke in order to provide gripping means and rotational position indication means.
In regard to claim 9, Koch discloses wherein the plunger (18) moves between the first position and the second position via the first threads (17) engaging with the second threads (10a) (see col. 2, lines 63-64; see at least col. 3, lines 27-61).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See 892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THEODORE J STIGELL whose telephone number is (571)272-8759. The examiner can normally be reached M-F 9-5:30 EST.
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THEODORE J. STIGELL
Primary Examiner
Art Unit 3783
/THEODORE J STIGELL/Primary Examiner, Art Unit 3783
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