Prosecution Insights
Last updated: April 19, 2026
Application No. 18/042,727

CANNULA AND METHOD FOR PRODUCING A CANNULA

Non-Final OA §102
Filed
Feb 23, 2023
Examiner
STIGELL, THEODORE J
Art Unit
3783
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Xenios AG
OA Round
1 (Non-Final)
78%
Grant Probability
Favorable
1-2
OA Rounds
3y 4m
To Grant
93%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allow Rate
975 granted / 1245 resolved
+8.3% vs TC avg
Moderate +15% lift
Without
With
+14.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
45 currently pending
Career history
1290
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
31.3%
-8.7% vs TC avg
§102
31.7%
-8.3% vs TC avg
§112
21.1%
-18.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1245 resolved cases

Office Action

§102
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 without traverse of Group II (claim 65) in the reply filed on 12/10/2025 is acknowledged. Claims 45-64 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 12/10/2025. Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statement (IDS) submitted on 5/8/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 65 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Raab et al. (US 2018/0071484; hereafter Raab). In regard to claim 65, Raab discloses a cannula (10) comprising: a hollow body (12) comprising a continuous channel (30) in a longitudinal direction of the hollow body and between opposing ends of the hollow body (see at least Fig. 4), a connector (46) comprising at least one first layer which is in flush alignment with an end face of the hollow body (see Fig. 4; the proximal end face of 12 is flush with the portion of 46), the connector comprising a continuous channel (54) which is fluidically connected to the channel of the hollow body (see Fig. 4 and par. [0078]), and a cover layer (18 which includes 20 and 24; see par. [0063]), which is arranged over the at least one first layer and extends over an adjacent end region of the hollow body (see Fig. 4 and par. [0075]; strain relief is separate from insert 46), the cover layer being in flush alignment with the circumference of the end region of the hollow body and/or the circumference of a portion of the hollow body leading away from the end region (at 61; see Fig. 4; the strain relief tapers to a flush end with the circumference of the hollow body in the same manner as the applicant’s invention). Claim(s) 65 is rejected under 35 U.S.C. 102(a)(2) as being anticipated by Yokota et al. (US 2021/0402143; hereafter Yokota). In regard to claim 65, Yokota discloses a cannula (see at least Fig. 2), comprising: a hollow body (34) comprising a continuous channel in a longitudinal direction of the hollow body and between opposing ends of the hollow body (see at least Fig. 2; 34 is an open-ended body with a lumen extending therethrough), a connector (12) comprising at least one first layer which is in flush alignment with an end face of the hollow body (see Fig. 2; the distal end face of 34 is flush with a portion of 12), the connector (12) comprising a continuous channel which is fluidically connected to the channel of the hollow body (lumen of 12 is fluidly connected to the lumen of 34), and a cover layer (20), which is arranged over the at least one first layer and extends over an adjacent end region of the hollow body (see Fig. 2), the cover layer being in flush alignment with the circumference of the end region of the hollow body and/or the circumference of a portion of the hollow body leading away from the end region (see flush alignment of the proximal end of the hollow body 34 and 20 at 12a2 in Fig. 2). Conclusion 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. 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 examiner’s supervisor, Michael Tsai can be reached at 571-270-5246. 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. THEODORE J. STIGELL Primary Examiner Art Unit 3783 /THEODORE J STIGELL/Primary Examiner, Art Unit 3783
Read full office action

Prosecution Timeline

Feb 23, 2023
Application Filed
Jan 16, 2025
Response after Non-Final Action
Jan 06, 2026
Non-Final Rejection — §102 (current)

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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
78%
Grant Probability
93%
With Interview (+14.6%)
3y 4m
Median Time to Grant
Low
PTA Risk
Based on 1245 resolved cases by this examiner. Grant probability derived from career allow rate.

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