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 with traverse of Species D in the reply filed on 1/15/2026 is acknowledged. The traversal is on the grounds that no serious search burden exists on the Examiner to search and examine species A-G. Applicant further argues that searching would involve a similar search strategy because the species include common elements of a fluid transfer device for use with a peripheral intravenous catheter. This argument is not found persuasive because although the species may include common elements, each specie has mutually exclusive characteristics that would necessitate a different field of search therefore resulting in a serious search burden. For example, species D requires a spring-biased pin coupled to the elongated coupler portion of the lever lock, while species E instead requires a cantilever slider member coupled to a proximal portion of the elongated coupler portion of the lever lock. The spring-biased pin of species D is not required by species E, and the cantilever slider member of species E is not required by species D. Therefore, even though both species may require a fluid transfer device, each specie has mutually exclusive characteristics that would necessitate a different field of search therefore resulting in a serious search burden.
The requirement is still deemed proper and is therefore made FINAL.
Claims 5-6, 9-10, 13-16, and 20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 1/15/2026.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 9/1/2023 and 11/7/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Claim Objections
Claim 1 objected to because of the following informalities:
Line 1-2 recites “A fluid transfer device for use with a peripheral intravenous catheter (PIVC) comprising:”. Examiner suggests replacing “comprising:” with “, the fluid transfer device comprising:” to put the claim in clearer form and make clear that the components listed are of the fluid transfer device.
Claim 17 objected to because of the following informalities:
Line 2 recites “(PIVC)comprising:”. Examiner suggests adding a space between “(PIVC)” and “comprising:”.
Line 1-2 recites “A fluid transfer device for use with a peripheral intravenous catheter (PIVC)comprising:”. Examiner suggests replacing “comprising:” with “, the fluid transfer device comprising:” to put the claim in clearer form and make clear that the components listed are of the fluid transfer device.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation is: “an actuator member movable relative to the introducer body, wherein the actuator member is configured to feed the flow tube through the introducer body and the lever lock” in claim 11
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claims 1-4, 7-8, 11-12, and 17-19 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 regard to claim 1,
Line 9-10 recites “indwelling catheters of the PIVC”. The PIVC is a single catheter as claimed in line 1-2. It is unclear how a single catheter can comprise multiple indwelling catheters. It is unclear by stating “indwelling catheters of the PIVC” if the single PIVC is required to comprise multiple indwelling catheters. For examination purposes Examiner construes the fluid transfer device to be for use with peripheral intravenous catheters (PIVCs) and the indwelling catheters to be of the PIVCs. Examiner suggests replacing “a peripheral intravenous catheter (PIVC)” in line 1-2 of claim 1 with “peripheral intravenous catheters (PIVCs)” AND replacing “of the PIVC” in line 10 with “of the PIVCs”. Examiner notes “the PIVC” in claim 3 should be amended accordingly to state “the PIVCs”.
Line 8-10 recites “an effective length of the lever lock relative to the distal end of the introducer body is adjustable in order to accommodate use of the fluid transfer device with indwelling catheters of the PIVC having various lengths”. The PIVC is not positively required by line 1-2. It is unclear if line 8-10 positively requires the PIVC due to the phrase “in order to accommodate use of the fluid transfer device with indwelling catheters of the PIVC having various lengths”. For examination purposes Examiner construes the PIVC and the indwelling catheters to not be positively required by the claim. Examiner suggests replacing “an effective length of the lever lock relative to the distal end of the introducer body is adjustable in order to accommodate use of the fluid transfer device with indwelling catheters of the PIVC having various lengths” in line 8-10 of claim 1 with “an effective length of the lever lock relative to the distal end of the introducer body is adjustable to enable the fluid transfer device to be configured for use with indwelling catheters of the PIVCs having various lengths”.
Examiner notes claims 2-4, 7-8, and 11-12 are similarly rejected by virtue of their dependency on claim 1.
In regard to claim 8,
Line 2-3 recites “the spring-biased pin of the elongated coupler portion of the lever lock”. Claim 8 depends on claim 7. Claim 7 recites “further comprising a spring-biased pin coupled to the elongated coupler portion of the lever lock”. Claim 7 claims the spring-biased pin as a separate structure that is coupled to the elongated coupler portion, while claim 8 refers to the spring-biased pin as a structure of the elongated coupler portion. It is unclear if the spring-biased pin is of the elongated coupler portion as required in claim 8, or a separate structure coupled to the elongated coupler portion as required in claim 7. For examination purposes Examiner construes the spring-biased pin to be coupled to the elongated coupler portion of the lever lock. Examiner suggests replacing “the spring-biased pin of the elongated coupler portion of the lever lock” in line 2-3 of claim 8 with “the spring-biased pin coupled to the elongated coupler portion of the lever lock”.
In regard to claim 11,
Claim limitation “an actuator member movable relative to the introducer body, wherein the actuator member is configured to feed the flow tube through the introducer body and the lever lock” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Paragraph [0051] of the disclosure states that any suitable actuator mechanism may be utilized. No specific structure of the actuator member is described and it is unclear the corresponding structure of the actuator member in the embodiment of shown in figure 4A and 4B. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
In regard to claim 17,
Line 9-10 recites “indwelling catheters of the PIVC”. The PIVC is a single catheter as claimed in line 1-2. It is unclear how a single catheter can comprise multiple indwelling catheters. It is unclear by stating “indwelling catheters of the PIVC” if the single PIVC is required to comprise multiple indwelling catheters. For examination purposes Examiner construes the fluid transfer device to be for use with peripheral intravenous catheters (PIVCs) and the indwelling catheters to be of the PIVCs. Examiner suggests replacing “a peripheral intravenous catheter (PIVC)” in line 1-2 of claim 17 with “peripheral intravenous catheters (PIVCs)” AND replacing “of the PIVC” in line 10 with “of the PIVCs”. Examiner notes “the PIVC” in claim 18 should be amended accordingly to state “the PIVCs”.
Line 7-10 recites “wherein the elongated coupler portion of the lever lock is telescopically slidable within at least a distal portion of the introducer body in order to accommodate use of the fluid transfer device with indwelling catheters of the PIVC having various lengths”. The PIVC is not positively required by line 1-2. It is unclear if line 7-10 positively requires the PIVC due to the phrase “in order to accommodate use of the fluid transfer device with indwelling catheters of the PIVC having various lengths”. For examination purposes Examiner construes the PIVC and the indwelling catheters to not be positively required by the claim. Examiner suggests replacing “wherein the elongated coupler portion of the lever lock is telescopically slidable within at least a distal portion of the introducer body in order to accommodate use of the fluid transfer device with indwelling catheters of the PIVC having various lengths” in line 7-10 of claim 17 with “wherein the elongated coupler portion of the lever lock is telescopically slidable within at least a distal portion of the introducer body to enable the fluid transfer device to be configured for use with indwelling catheters of the PIVCs having various lengths”.
Examiner notes claims 18-19 are similarly rejected by virtue of their dependency on claim 17.
In regard to claim 19,
Line 3-4 recites “the spring-biased pin of the elongated coupler portion”. Line 1-2 recites “further comprising a spring-biased pin coupled to the elongated coupler portion of the lever lock”. Line 1-2 claims the spring-biased pin as a separate structure that is coupled to the elongated coupler portion, while line 3-4 refers to the spring-biased pin as a structure of the elongated coupler portion. It is unclear if the spring-biased pin is of the elongated coupler portion as required in line 3-4, or a separate structure coupled to the elongated coupler portion as required in line 1-2. For examination purposes Examiner construes the spring-biased pin to be coupled to the elongated coupler portion of the lever lock. Examiner suggests replacing “the spring-biased pin of the elongated coupler portion of the lever lock” in line 3-4 of claim 19 with “the spring-biased pin coupled to the elongated coupler portion of the lever lock”.
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, 11-12, and 17-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Devgon (U.S. PG publication 20170216564).
In regard to claim 1,
Devgon discloses a fluid transfer device (figure 4 and 5, item 200) for use with a peripheral intravenous catheter (PIVC) (Examiner notes “for use with a peripheral intravenous catheter (PIVC)” is a functional limitation. The fluid transfer device is fully capable of the recited function due to its structure as supported by paragraph [0001], [0057], and [0078]. The PIVC is not positively required) comprising:
an introducer body (figure 5, item 210, 265, and 269) having a proximal end (end formed by item 269) and a distal end (distal most end of item 216);
a flow tube (figure 5, item 260) at least partially housed within the introducer body (see figure 5, paragraph [0060]), wherein the flow tube is configured to be selectively extendable from the introducer body (paragraph [0060] and [0072]); and
a lever lock (figure 4 and 5, item 240) coupled to the distal end of the introducer body (see figure 4; paragraph [0073]), wherein the lever lock includes a lumen configured to allow the flow tube to pass therethrough (paragraph [0073] and [0079]; Examiner notes “configured to allow the flow tube to pass therethrough” is a functional limitation. The lumen is fully capable of the recited function due to its structure), and wherein an effective length of the lever lock relative to the distal end of the introducer body is adjustable in order to accommodate use of the fluid transfer device with indwelling catheters of the PIVC having various lengths (As noted above, the PIVC is not positively required and therefore indwelling catheters of the PIVC having various lengths are not positively required. The lever lock is attached to the distal end of the introducer body via a threaded connection as disclosed in paragraph [0073]. Therefore, an effective length of the lever lock relative to the distal end of the introducer body is adjustable via the threaded connection in order to accommodate use of the fluid transfer device with indwelling catheters of the PIVC having various lengths).
In regard to claim 2,
Devgon discloses the fluid transfer device of claim 1, wherein the lever lock comprises an elongated coupler portion (figure 5, item 241), a pair of deflectable arms (figure 5, item 243 and 250; paragraph [0078]), and a blunt cannula (figure 5, item 242).
In regard to claim 3,
Devgon discloses the fluid transfer device of claim 2, wherein the pair of deflectable arms are configured to releasably couple the lever lock to a hub of a catheter adapter of the PIVC (Examiner notes “configured to releasably couple the lever lock to a hub of a catheter adapter of the PIVC” is a functional limitation. The hub of a catheter adapter of the PIVC is not positively required. The pair of deflectable arms are fully capable of the recited function due to their structure and as supported by paragraph [0078]).
In regard to claim 4,
Devgon discloses the fluid transfer device of claim 2, wherein at least a portion of the elongated coupler portion is configured to be slidable within at least a distal portion (figure 4, item 212 and 216) of the introducer body (paragraph [0073]; Examiner notes “configured to be slidable within at least a distal portion of the introducer body” is a functional limitation. At least a portion of the elongated coupler portion is fully capable of the recited function due to its structure and threaded engagement with item 216).
In regard to claim 11,
Devgon discloses the fluid transfer device of claim 1, further comprising an actuator member (figure 5, item 270) movable relative to the introducer body (paragraph [0087]), wherein the actuator member is configured to feed the flow tube through the introducer body and the lever lock (paragraph [0060] and [0072]; Examiner notes “configured to feed the flow tube through the introducer body and the lever lock” is a functional limitation. The actuator member is fully capable of the recited function due to its structure as supported by paragraph [0060] and [0072]).
In regard to claim 12,
Devgon discloses the fluid transfer device of claim 1, wherein the proximal end of the introducer body comprises a threaded interface (see figure 4, item 269 wherein threads are present).
In regard to claim 17,
Devgon discloses a fluid transfer device (figure 4 and 5, item 200) for use with a peripheral intravenous catheter (PIVC) (Examiner notes “for use with a peripheral intravenous catheter (PIVC)” is a functional limitation. The fluid transfer device is fully capable of the recited function due to its structure as supported by paragraph [0001], [0057], and [0078]. The PIVC is not positively required) comprising:
an introducer body (figure 5, item 210, 265, and 269) having a proximal end (end formed by item 269) and a distal end (distal most end of item 216);
a flow tube (figure 5, item 260) at least partially housed within the introducer body (see figure 5, paragraph [0060]), wherein the flow tube is configured to be selectively extendable from the introducer body (paragraph [0060] and [0072]); and
a lever lock (figure 4 and 5, item 240) coupled to the distal end of the introducer body (see figure 4; paragraph [0073]), wherein the lever lock comprises an elongated coupler portion (figure 5, item 241), and further wherein the elongated coupler portion of the lever lock is telescopically slidable within at least a distal portion (figure 4, item 216 and 212) of the introducer body in order to accommodate use of the fluid transfer device with indwelling catheters of the PIVC having various lengths (As noted above, the PIVC is not positively required and therefore indwelling catheters of the PIVC having various lengths are not positively required. The elongated coupler portion of the lever lock is attached to the distal portion of the introducer body via a threaded connection as disclosed in paragraph [0073]. Therefore, the elongated coupler portion of the lever lock is telescopically slidable within at least a distal portion of the introducer body via the threaded connection in order to accommodate use of the fluid transfer device with indwelling catheters of the PIVC having various lengths).
In regard to claim 18,
Devgon discloses the fluid transfer device of claim 17, wherein the lever lock further comprises a pair of deflectable arms (figure 5, item 243 and 250; paragraph [0078]) and a blunt cannula (figure 5, item 242), and wherein the pair of deflectable arms are configured to releasably couple the lever lock to a hub of a catheter adapter of the PIVC (Examiner notes “configured to releasably couple the lever lock to a hub of a catheter adapter of the PIVC” is a functional limitation. The hub of a catheter adapter of the PIVC is not positively required. The pair of deflectable arms are fully capable of the recited function due to their structure and as supported by paragraph [0078]).
Claims 1 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Devgon (U.S. PG publication 20180317830). For clarity purposes Devgon (U.S. PG publication 20180317830) will be referred to as Devgon830.
In regard to claim 1,
Devgon830 discloses a fluid transfer device (see all of figure 55) for use with a peripheral intravenous catheter (PIVC) (Examiner notes “for use with a peripheral intravenous catheter (PIVC)” is a functional limitation. The fluid transfer device is fully capable of the recited function due to its structure as supported by paragraph [0008] and [0154]. The PIVC is not positively required) comprising:
an introducer body (figure 54 and 55, item 15160) having a proximal end (end opposite item 15162) and a distal end (figure 54, item 15162);
a flow tube (figure 54 and 55, item 15180; paragraph [0171]) at least partially housed within the introducer body (see figure 54 and 55), wherein the flow tube is configured to be selectively extendable from the introducer body (see figure 54 and [0172]); and
a lever lock (figure 55 and 65, item 15131 and 15150) coupled to the distal end of the introducer body (see figure 55), wherein the lever lock includes a lumen (see figure 55) configured to allow the flow tube to pass therethrough (Examiner notes “configured to allow the flow tube to pass therethrough” is a functional limitation. The lumen is fully capable of the recited function due to its structure), and wherein an effective length of the lever lock relative to the distal end of the introducer body is adjustable in order to accommodate use of the fluid transfer device with indwelling catheters of the PIVC having various lengths (see position of the lever lock in figure 65 compared to figure 55; As noted above, the PIVC is not positively required and therefore indwelling catheters of the PIVC having various lengths are not positively required. The lever lock is movable relative to to the distal end of the introducer body as disclosed in paragraph [0188]-[0189]). Therefore, an effective length of the lever lock relative to the distal end of the introducer body is adjustable via the threaded connection in order to accommodate use of the fluid transfer device with indwelling catheters of the PIVC having various lengths).
In regard to claim 11,
Devgon830 discloses the fluid transfer device of claim 1, further comprising an actuator member (figure 59, item 15570) movable relative to the introducer body (see position of item 15570 in figure 65 as compared to figure 59), wherein the actuator member is configured to feed the flow tube through the introducer body and the lever lock (paragraph [0181]).
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 2-3, and 7-8 rejected under 35 U.S.C. 103 as being unpatentable over Devgon830 (U.S. PG publication 20180317830), and further in view of Devgon (U.S. PG publication 20170216564). For clarity purposes Devgon (U.S. PG publication 20180317830) will be referred to as Devgon830.
In regard to claim 2,
Devgon830 discloses the fluid transfer device of claim 1, wherein the lever lock (figure 55 and 65, item 15131 and 15150) comprises an elongated coupler portion (item 15150).
Devgon830 fails to disclose wherein the lever lock comprises a pair of deflectable arms, and a blunt cannula.
Devgon teaches wherein the lever lock (figure 5, item 210 and 240) comprises a pair of deflectable arms (figure 5, item 243 and 250), and a blunt cannula (figure 5, item 242).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Devgon830 to substitute item 240 of Devgon in place of item 15131 of Devgon830, as taught by Devgon, because the substitution is a simple substitution that would yield the same predictable result of enabling attachment to a PIVC (paragraph [0078] of Devgon and paragraph [0154], [0158] and [0008] of Devgon830). Furthermore, Devgon830 discloses modifications can be made to the locking mechanism 15131 (paragraph [0089] and [0158]). Examiner notes item 15150 of Devgon830 would also be modified accordingly to couple to item 240 of Devgon)
In regard to claim 3,
Devgon830 in view of Devgon teaches the fluid transfer device of claim 2, wherein the pair of deflectable arms are configured to releasably couple the lever lock to a hub of a catheter adapter of the PIVC (Examiner notes “configured to releasably couple the lever lock to a hub of a catheter adapter of the PIVC” is a functional limitation. The hub of a catheter adapter of the PIVC is not positively required. The pair of deflectable arms are fully capable of the recited function due to their structure and as supported by paragraph [0078] of Devgon).
In regard to claim 7,
Devgon830 in view of Devgon teaches the fluid transfer device of claim 2, further comprising a spring-biased pin (figure 55, item 15164 of Devgon830; paragraph [0222] of Devgon830) coupled to the elongated coupler portion of the lever lock (see figure 55 of Devgon830).
In regard to claim 8,
Devgon830 in view of Devgon teaches the fluid transfer device of claim 7, wherein the introducer body further comprises at least two openings (first opening which item 15164 of Devgon830 is in on one side of item 15158 of Devgon830 as shown in figure 55 of Devgon830 and second opening which item 15164 of Devgon830 is in on the other side of item 15158 of Devgon830 as shown in figure 63 of Devgon830) formed therein (see figure 55 of Devgon830), and wherein the spring-biased pin of the elongated coupler portion of the lever lock is configured to selectively engage with the at least two openings of the introducer body (see figure 55 and 63 of Devgon830; paragraph [0188] of Devgon830).
Allowable Subject Matter
Claim 19 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
In regard to claim 19,
The prior art of record does not teach or otherwise render obvious before the effective filing date of the claimed invention in combination with all claim limitations the fluid transfer device of claim 17, further comprising a spring-biased pin coupled to the elongated coupler portion of the lever lock, wherein the introducer body further comprises at least two openings formed therein, and wherein the spring-biased pin of the elongated coupler portion of the lever lock is configured to selectively engage with the at least two openings of the introducer body. Devgon (U.S. PG publication 20170216564) fails to disclose a spring-biased pin coupled to the elongated coupler portion of the lever lock, wherein the introducer body further comprises at least two openings formed therein, and wherein the spring-biased pin of the elongated coupler portion of the lever lock is configured to selectively engage with the at least two openings of the introducer body. No motivation appears to be present to modify Devgon to teach the limitations of claim 19. Additionally, Devgon830 (U.S. PG publication 20180317830) fails to disclose the limitations of claim 17, as the elongated coupler portion (item 15150) of the lever lock (figure 55 and 65, item 15131 and 15150) is not telescopically slidable within at least a distal portion of the introducer body (figure 55 and 65, item 15160). As Devgon830 fails to disclose the limitations of claim 17, Devgon830 fails to disclose the limitations of claim 19 which claim 17 depends on.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDRA ELIZABETH LALONDE whose telephone number is (313)446-6594. The examiner can normally be reached M-F 8-5 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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/ALEXANDRA LALONDE/ Examiner, Art Unit 3783
/KEVIN C SIRMONS/ Supervisory Patent Examiner, Art Unit 3783