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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 02/26/2026 has been entered.
Status of Claims
Claims 1-7 and 9 are currently pending. Claim 1 is currently amened. Claims 8 and 10 are cancelled. No new subject matter is added.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 1-6 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fangrow et al. (WO 2018071717 A1), hereinafter referred to as “Fangrow”.
Regarding Claim 1, Fangrow teaches a resealing cap for an intravenous (IV) bag spike port (a sanitizing cap that can be used to disinfect and/or protect medical connectors. A cap may be used with intravascular connectors associated with a resealable fluid line connector, such as an IV line, see Paragraph [0066]), the resealing cap comprising:
a monolithic housing (single piece housing of cap 82, see Figure 2) comprising:
at least one first sidewall (one side of wall 83, see below) having an interior surface (interior surface 87),
a first end of the housing (see annotated Figure 2),
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an opening at a second end of the housing (see annotated Figure 2),
a tab (outer flange 725; embodiments may be combined, see Paragraph [0065]; Figure 7B) extending radially outward from the at least one first sidewall (extending radially from the sidewall, see Figure 7A-B) at the second end of the resealing cap (at the proximal end 702) along a part of a perimeter of the at least one first sidewall (see Figure 7B), wherein the tab is configured to aid in placing or removing the resealing cap on the IV bag spike port (facilitates storage or transfer of medical fluid or connection of medical fluid lines (e.g., any open or resealable IV bag), see Paragraph [0066]; the flange 725 can be gripped by the user to remove/place the cap), and
wherein the interior surface defines a passageway extending between the first end and the opening (interior surface 87 creates chamber from the first end to opening, see Figure 2); and
wherein the housing further comprises a second sidewall at the first end (see annotated Figure 2), the second sidewall having a thickness substantially equal to a thickness of the at least one first sidewall (the sidewalls are equally thick, see Figure 2).
Regarding Claim 2, Fangrow further teaches wherein the housing comprises a medical grade material (the antiseptic cap 82 can comprise any suitable material including a thermoplastic elastomer for medical connectors, see Paragraph [0071]).
Regarding Claim 3, Fangrow further teaches wherein the housing comprises an elastic material (the antiseptic cap 82 can comprise any suitable material including a thermoplastic elastomer, see Paragraph [0071]).
Regarding Claim 4, Fangrow further teaches wherein the housing further comprises a removable seal (lid 450 may be configured to attach to one or more portions of the antiseptic cap 82, see Paragraph [0144]) reversibly located on the second end and covering the opening (placed on end 408, see Figures 13A-B; Paragraph [0144]-[0147]; any feature, structure, material, step, or component of any embodiment described and/or illustrated in this specification can be used by itself, or with or instead of any other feature, structure, material, step, or component of any other embodiment described and/or illustrated in this specification, see Paragraph [0065]).
Regarding Claim 5, Fangrow further teaches wherein the housing is cylindrical (cap 82 is cylindrical, see Figure 2).
Regarding Claim 6, Fangrow further teaches a plurality of internal threads on the interior surface of the housing (threads 200 may extend along about one half of the length of the interior surface 87 of the antiseptic cap 82, see Paragraph [0085]; Figure 2).
Regarding Claim 9, Fangrow further teaches an extension tube (a medical connector, see Paragraph [0069]), wherein the extension tube is configured to be inserted into the passageway of the housing through the opening (the chamber 84 can be configured to be removably attached to a medical connector, see Paragraph [0069]).
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.
Claims 7 is rejected under 35 U.S.C. 103 as being unpatentable over Fangrow (WO 2018071717 A1) in view of Birch (US 20130092274 A1).
Regarding Claim 7, Fangrow teaches all of the limitations as discussed above in claim 1. However, Fangrow does not explicitly disclose further comprising knurling on an exterior surface of the housing.
Birch teaches a resealing cap for an intravenous (IV) port (a cover device 100, see Figure 1; Paragraph [0027]) comprising knurling on an exterior surface of the housing (a gripping surface 210 may be on a portion of the outer surface 110 of the cover device 100, see Figure 1; Paragraph [0036]).
Fangrow and Birch are analogous art because both teach a sealing cap for an intravenous port.
It would have been obvious to a person having ordinary skill in the art before the effective filling date of the invention to modify the resealable cap of Fangrow and further include knurling on an exterior surface of the housing, as taught by Birch. Birch teaches a knurling surface increases a coefficient of friction between a grasping member (e.g., finger(s)) of a user and the at least one arm to allow hands or fingers to get a better grip on the knurled object than would be provided by the originally smooth surface, see Paragraph [0036]).
Response to Arguments
Applicant's arguments filed 02/10/2026 have been fully considered but they are not persuasive.
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Specifically applicant argues in Claim 1 that the outer flange (125) of Fangrow fails to teach the newly amended limitation “tab extending radially outward from the at least one first sidewall at the second end of the resealing cap along a part of a perimeter of the at least one first sidewall”. The examiner agrees with the applicant that the outer flange (125) does not radially extend along at a second end of the resealing cap along a perimeter of the first sidewall. Accordingly, Claim 1 is now interpreted to have the tab as outer flange (725) which extends from the second end the resealing cap along a perimeter of the first sidewall (see below). Therefore, Claim 1 and its dependents remain rejected in view of Fangrow.
Applicant’s arguments with respect to prior art of Solomon 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC RASSAVONG whose telephone number is (408)918-7549. The examiner can normally be reached Monday - Friday 9:00am-5:30pm PT.
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/ERIC RASSAVONG/ (4/3/2026)Examiner, Art Unit 3781
/JESSICA ARBLE/Primary Examiner, Art Unit 3781