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 .
Acknowledgments
This office action is in response to the reply filed on 4/28/26. In the reply, the applicant amended claims 1, 9, 19. Claims 1-20 are pending with claims 5, 8, 11-12, 14-18, 20 being withdrawn.
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 1-4, 6-7, 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Christine et al. (US 3,922,099) (“Christine”). Christine discloses:
(claim 1) an adhesive applicator C3L36-39, comprising: a body member 10 defining an adhesive reservoir 11; a nozzle 14 positioned within and extending from the body member (Fig. 1); and an application member 17 configured to receive the nozzle (Fig. 2), wherein the application member is configured to receive an adhesive held in the adhesive reservoir upon pressure being applied to the body member C1L10-23; the application member is operatively connected (via 18, 24—other parts of the application member 17 as a whole) to a distal end 14 of the body member
Claim 2: the application member is made of a foam material, a plurality of bristles 23, or a foam material and a plurality of bristles, see Fig. 4
Claim 3: the adhesive is a tissue adhesive used for securing a catheter line and/or catheter hub to a patient's skin surface. (functional language; the viscous material, adhesive, used by the device is capable of securing a catheter line or catheter hub to a skin surface)
Claim 4: the nozzle is fixed within the body member. (Fig. 2)
Claim 6: the nozzle defines a channel to direct the adhesive from the adhesive reservoir to a patient's skin surface. C1L15-23
Claim 7: the body member is formed as a sachet. C1L15-17
Claim 13: the adhesive applicator is configured to deliver at least one droplet of the adhesive to a patient's skin surface and to spread a thin film of the adhesive on the patient's skin surface using the application member. (functional language, Christine is capable of delivering a drop and then as desired this drop can be spread out over a surface)
Claim 19 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Stukas (US 6,915,927). Stukas discloses:
(claim 19) A method of applying an adhesive film to a patient's skin surface, the method comprising: applying pressure to a body member of an adhesive applicator to direct an adhesive from an adhesive reservoir to a nozzle C6L11-20, the nozzle (all elements above the thread 8 that threads together the nozzle and the container) positioned and extending from the body member (container); directing the adhesive in a form of droplets from the nozzle to the patient's skin surface C6L19-20; and spreading the droplets of the adhesive into a thin film on the patient's skin surface using an application member 31 of the adhesive applicator (the outlet end surface of the application member is capable of spreading the droplets on a surface as desired by a user).
Claim Rejections - 35 USC § 103
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 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 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Christine. (additional embodiment)
Claim 9: an end cap 31 removably attached to the body member to cover the application member and nozzle when the adhesive applicator is not being used. Fig. 5
Claim 10: the end cap comprises a central pin 32 used to plug a channel defined in the nozzle when the end cap is held on the body member.
Embodiments are combinable as well known to one of ordinary skill in the art before the effective filing date of the claimed invention.
Response to Arguments
Applicant's arguments have been fully considered but they are not persuasive. Applicant argues that 17 is not the application member because of the availability of tips 23, etc. However, these tips represent different embodiments that do not represent the application member 17. The application member 17 is operatively connected to a distal end of the body member 10; the probe 17 includes an annular sleeve 18 that has inner threads 19 for selectively engaging the threads 15 on the collar 14 which is on the distal end of the body member 10, Figs. 1,2 C2L28-31.
The amended language of claim 19 is disclosed by Stukas as outlined above.
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 DEANNA K HALL whose telephone number is (571)272-2819. The examiner can normally be reached M-F 8:30am- 4:30pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kevin Sirmons can be reached at 571-272-4965. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DEANNA K HALL/Primary Examiner, Art Unit 3783
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