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 fig 2B (claims 1-6, 8 and 11-20) in the reply filed on 12/22/2025 is acknowledged.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claim 1, it is unclear how “a port of an intravenous device” on line 2 relates to that on claim 1. They are treated as the same.
In claim 13, line 4, Applicant requires “a solid post configured to insert into a port of an intravenous device”. It is unclear how these are related to the intravenous device of line 1 and port of line 2, especially as the cap seems to be part of the intravenous device. It is treated as “a solid post configured to insert into the port”.
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) 1-6, 8, 11-13 and 16-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ziebol et al (US 2013/0184679).
Regarding claim 1, Ziebol discloses a cap 20 (figs 3B and 7) for a port of an intravenous device (fig 4B), the cap comprising: a solid post 31/33 configured to insert into a port of an intravenous device (fig 4B); an annular collar 40’ surrounding the solid post; an annular cavity disposed between the solid post and the annular collar (fig 7, cavity in which threads are located); and an absorbent material 48 containing an antimicrobial solution (¶83), wherein the absorbent material is disposed within the annular cavity such that the absorbent material is compressible (¶83), wherein in response to the cap being connected to the port of the intravenous device, the absorbent material is configured to be compressed causing the antimicrobial solution to flow onto the port of the intravenous device (¶83).
Regarding claim 2, wherein the solid post is tapered inwardly (fig 3B, tapers inwardly as one moves right in fig).
Regarding claim 3, wherein the solid post extends further distally than the annular collar (fig 3B).
Regarding claim 4, further comprising an antimicrobial coating disposed on a distalmost surface of the solid post (¶64).
Regarding claim 5, wherein the solid post comprises an annular stepped surface (between 31 and 33), a proximal portion 31 proximate and proximal to the annular stepped surface, and a distal portion 33 proximate and distal to the annular stepped surface, wherein an outer circumference of the distal portion is less than an outer circumference of the proximal portion (fig 3B), wherein the antimicrobial coating is disposed on the distal portion and surrounds the distal portion (¶64).
Regarding claim 6, wherein the antimicrobial coating is flush with the proximal portion (fig 3B, ¶64).
Regarding claim 8, wherein the annular stepped surface is disposed distal to the annular collar (fig 3B).
Regarding claim 11, further comprising a lid portion disposed at a proximal end of the cap, wherein the annular collar and the solid post extend from the lid portion, wherein the lid portion comprises a circular disc and closes the annular cavity (fig 3B, closed end).
Regarding claim 12, further comprising a cover coupled to the annular collar and covering the antimicrobial coating (fig 2B).
Regarding claim 13, Ziebol discloses an intravenous device, comprising: a port 70 (fig 4B); and a cap 20 connected to the port, the cap comprising: a solid post 31/33 (fig 2B) configured to insert into a/the port of an/the intravenous device (fig 4B); an annular collar 40’ surrounding the solid post; an annular cavity disposed between the solid post and the annular collar (fig 7, cavity in which threads are located); and an absorbent material 48 containing an antimicrobial solution (¶83), the absorbent material disposed within the annular cavity such that the absorbent material is compressible (¶83), wherein in response to the cap being connected to the port, the absorbent material is configured to be compressed causing the antimicrobial solution to flow onto the port (¶83).
Regarding claim 16, further comprising an antimicrobial coating disposed on a distalmost surface of the solid post (¶64).
Regarding claim 17, wherein the intravenous device comprises a connector 72 (fig 4B), wherein a proximal end of the connector comprises the port, wherein the connector comprises a cavity 70 distal to the port, wherein the antimicrobial coating is disposed within the cavity (fig 4B).
Regarding claims 18-20, see claims 5, 6 and 8 above.
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.
Claim(s) 14 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ziebol et al (US 2013/0184679) in view of Alpert (US 2012/0022469).
Regarding claims 14 and 15, while Ziebol substantially discloses the invention as claimed, it does not disclose the port comprises a septum, wherein in response to the cap being connected to the port, the septum contacts the absorbent material to compress the absorbent material causing the antimicrobial solution to flow onto the septum, nor in response to the cap being connected to the port, the septum contacts the absorbent material to compress the absorbent material causing the antimicrobial solution to flow onto the septum and an outer surface of the port.
Alpert shows an intravenous device with a cap 50 port 40, where the port comprises a septum 44, wherein in response to the cap being connected to the port, the septum contacts the absorbent material to compress the absorbent material causing the antimicrobial solution to flow onto the septum (¶35), and in response to the cap being connected to the port, the septum contacts the absorbent material to compress the absorbent material causing the antimicrobial solution to flow onto the septum and an outer surface of the port (fig 4B; also antimicrobial solution already flows onto outer surface of port of Ziebol as in fig 7).
It would have been obvious to one of ordinary skill in the art, at the time of filing, to modify Ziebol such that the port comprises a septum, wherein in response to the cap being connected to the port, the septum contacts the absorbent material to compress the absorbent material causing the antimicrobial solution to flow onto the septum, and in response to the cap being connected to the port, the septum contacts the absorbent material to compress the absorbent material causing the antimicrobial solution to flow onto the septum and an outer surface of the port as taught by Alpert to help maintain the sterility of the interior of the port when it is not connected to anything.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRADLEY JAMES OSINSKI whose telephone number is (571)270-3640. The examiner can normally be reached Monday to Thursday 9AM to 5PM.
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/BRADLEY J OSINSKI/Primary Examiner, Art Unit 3783