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 .
Claims 1, 4-7, and 18-20 are examined in this office action.
Claim 1 is currently amended
Claims 2-3 are cancelled.
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.
Claim(s) 1, 5, 14, and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Abitabilo et al. (US 2017/0239443 A1, herein Abitabilo) in view Thornley (US2021/0379336 A1).
Regarding claim 1, Abitabilo in view of Thornley discloses an intravascular assembly (Abitabilo, intravenous catheter assembly 100, Fig. 2A), comprising:
a catheter adapter (Abitabilo, catheter hub 110, Fig. 10A) comprising:
a distal end (Abitabilo, distal end 136, Fig. 10B)
a proximal end (Abitabilo, proximal end 138, Fig. 10B);
a lumen arranged between and in fluid communication with the distal end and the proximal end (Abitabilo, internal fluid passage 142, Fig. 10B)
a catheter (Abitabilo, catheter tube 108, Fig. 2B) arranged at the distal end of the catheter adapter (Abitabilo, Fig. 10B) and in fluid communication with the lumen (Abitabilo, “… the catheter tube 10B is in fluid communication with the first internal fluid passageway 142, Fig. 10B); and
a side port (Abitabilo, side port 150, Fig. 10B) in fluid communication with the lumen (Abitabilo, “The side port 140 is in fluid communication with the first internal fluid passageway 142.’ – Para [0129]);
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a fluid conduit (Abitabilo, extension tube 114, Fig. 28) having a distal end (Abitabilo, See annotated Fig. 28) and a proximal end (Abitabilo, See annotated Fig. 28), the distal end of the fluid conduit coupled to the side port (Abitabilo, “Side port 150 can provide a connection point to one or more lengths of extension tube 114.” – Para [0129], Fig. 28);
a connector (Abitabilo, coupling 115, Fig. 28) arranged at the proximal end of the fluid conduit (Abitabilo, “… coupling 115 is fixedly coupled to the extension tube 114 at one end…” – Para [01167]); and
an occlusion device (Abitabilo, extension tube clamp 116, Fig. 28) configured to stop flow through the fluid conduit (Abitabilo, “… clamp 116 can be constructed of a resilient material that can be deformed to selectively occlude the extension tube 114 to restrict the passage of fluid.” – Para [0160]).
wherein the occlusion device (Abitabilo, extension tube clamp 116, Fig. 28) is coupled to and arranged on the second surface of the dressing.
Abitabilo does not expressly disclose that a dressing having a first surface configured to contact a patient's skin and a second surface opposite the first surface, wherein the collar device is coupled to and arranged on the second surface of the dressing.
Thornley teaches a dressing (anchor pad 910, Fig. 9A) having a first surface configured to contact a patient's skin ("The anchor pad 910 is securely attached to the skin of the patient by its lower surface 912 …" - Para [0061]) and a second surface opposite the first surface (the upper surface of the anchor pad 910, Fig. 9A), wherein the collar device (slideable collar 907, Fig. 9A) is coupled to and arranged on the second surface of the dressing("… the retainer 914 is securely attached to the upper surface of the anchor pad 910." - Para [0061]) ("The retainer 914 is configured to accept, to retain, and to secure one or both catheter fittings …" - Para [0057]).
Therefore, it would have been obvious, before the effective filing date of the claimed invention, to modify the intravascular catheter assembly of Abitabilo to include that a dressing having a first surface configured to contact a patient's skin and a second surface opposite the first surface, wherein the collar device is coupled to and arranged on the second surface of the dressing as taught by Thornley so that the catheter assembly may be secured to the patient's arm by the placement of the dressing.
Examiner interprets the anchor pad of Thornley to be analogous to the claimed dressing because both anchor the catheter assembly to the patient's body.
Regarding claim 5, Abitabilo in view of Thornley discloses the intravascular assembly (Abitabilo, intravenous catheter assembly 100, Fig. 2A), recited above, wherein
the clamp is formed of an elastomeric material (Abitabilo, “… the extension tube 116 can be constructed of a resilient material that can be deformed …” – Para [0160]).
Regarding claim 14, Abitabilo in view of Thornley discloses the intravascular assembly (Abitabilo, intravenous catheter assembly 100, Fig. 2A), recited above, wherein
the occlusion device (Abitabilo, extension tube clamp 116, Fig. 28) is arranged between the side port (Abitabilo, side port 150, Fig. 10B) and the connector (Abitabilo, coupling 115, Fig. 28).
Regarding claim 18, Abitabilo in view of Thornley discloses the intravascular assembly (Abitabilo, intravenous catheter assembly 100, Fig. 2A), recited above, wherein
the connector (Abitabilo, coupling 115, Fig. 28) is a t-connector or a y-connector (Abitabilo, “… “Y” coupling 115.” – Para [0167]).
Regarding claim 19, Abitabilo in view of Thornley discloses the intravascular assembly (Abitabilo, intravenous catheter assembly 100, Fig. 2A), recited above, further comprising
a needleless access connector (Abitabilo, needleless connectors 118, Fig. 28) coupled to the connector (Abitabilo, “Needleless connectors 118A/B can be operably coupled to extension tube 114 by a “Y” coupling 115.” – Para [0167]).
Regarding claim 20, Abitabilo in view of Thornley discloses the intravascular assembly Abitabilo, (intravenous catheter assembly 100, Fig. 2A), recited above, wherein
the needleless access connector (Abitabilo, needleless connectors 118, Fig. 28) is releasably coupled to the connector (Abitabilo, “… coupling 115 includes one or more portions of a luer lock connection at the other ends for respective coupling to needleless connectors 118A/B.” – Para [0167])
Examiner interprets a luer lock connection as a type of releasable couple.
Claim(s) 4, 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Abitabilo et al. (US 2017/0239443 A1, herein Abitabilo) in view Thornley (US2021/0379336 A1) and in further view of Schaffer (US Patent No. 5429616).
Regarding claim 4, Abitabilo in view of Thornley and Schaffer discloses the intravascular assembly (Abitabilo, intravenous catheter assembly 100, Fig. 2A), recited above, wherein
the occlusion device is a clamp (Abitabilo, extension tube clamp, Fig. 2A)
Abitabilo does not expressly disclose comprising a base and first and second arms extending substantially perpendicularly from the base, the base and the first and second arms defining a channel configured to receive the fluid conduit
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Schaffer teaches comprising a base (See annotated Fig 4) and first (locking member 44, Fig. 4) and second arms (locking member 46, Fig. 4) extending substantially perpendicularly from the base (“Two spaced apart locking member 44 and 46 protrude substantially tangentially from hub tubular side wall portion 28 …” – Para [6]), the base and the first and second arms defining a channel (See annotated Fig. 4) configured to receive the fluid conduit (side wall 28, Fig. 4).
Therefore, it would have been obvious, before the effective filing date of the claimed invention, to modify the intravascular assembly of Abitabilo to include comprising a base and first and second arms extending substantially perpendicularly from the base, the base and the first and second arms defining a channel configured to receive the fluid conduit as taught by Schaffer to collapse side wall 28 (Schaffer, Para [6]).
Regarding claim 6, Abitabilo in view of Thornley and Schaffer discloses the intravascular assembly (Abitabilo, intravenous catheter assembly 100, Fig. 2A), recited above, wherein
Abitabilo does not expressly disclose that the first arm and the second arm are resiliently biased toward the channel
Schaffer teaches that the first arm (locking member 44, Fig. 4) and the second arm (locking member 46, Fig. 4) are resiliently biased toward the channel (“… holding member 44 and 46 toward each other in the compression mode …” – Para [7], Fig. 4)
Therefore, it would have been obvious, before the effective filing date of the claimed invention, to modify the intravascular assembly of Abitabilo to include that the first arm and the second arm are resiliently biased toward the channel as taught by Schaffer to collapse sidewall 28 (Schaffer, Para [6])
Regarding claim 7, Abitabilo in view of Thornley and Schaffer discloses the intravascular assembly (Abitabilo, intravenous catheter assembly 100, Fig. 2A), recited above, wherein
Abitabilo does not expressly disclose that a diameter of the channel is less than a diameter of the fluid conduit, such that when the fluid conduit is received by the channel, fluid flow through the fluid conduit is slowed and/or stopped
Schaffer teaches that a diameter of the channel is less than a diameter of the fluid conduit (side wall 28, Fig.4) (See annotated Figs. 3 and 4), such that when the fluid conduit is received by the channel (“… transmit the compressive force from locking members 44 and 46 to side wall 28.” – Para [6]), fluid flow through the fluid conduit is slowed and/or stopped (“This closure prevents blood from escaping …” – Para [9]).
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Therefore, it would have been obvious, before the effective filing date of the claimed invention, to include that a diameter of the channel is less than a diameter of the fluid conduit, such that when the fluid conduit is received by the channel, fluid flow through the fluid conduit is slowed and/or stopped as taught by Schaffer to collapse side wall 28 (Schaffer, Para [6]).
Response to Arguments
Applicant’s arguments, see pages 7-8, filed July 9th 2026, with respect to the rejection(s) of claim(s) 1 under 35 USC 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Abitabilo in view of Thornley.
Applicant argues that Thornley fails to teach "wherein the occlusion device is coupled to and arranged on the second surface of the dressing" as recited by amended independent claim 1 both because the slidable collar (316) cannot reasonably be equated to the occlusion device of the claimed invention and because the citations provided in the Office Action misconstrues the teachings of Thornley.
Examiner interprets that Abitabilo and Thornley teaches the claimed limitation "wherein the occlusion device is coupled to and arranged on the second surface of the dressing" of claim 1. The occlusion device of Abitabilo can be combined with the catheter assembly of Thornley that is secured on top of an anchor pad.
With respect to applicant’s arguments the rejection above teaches the claimed limitations. The rejection above is maintained.
Conclusion
THIS ACTION IS MADE FINAL. 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 ESHA P KASHYAP whose telephone number is (571)272-9890. The examiner can normally be reached Monday - Friday 8:30am - 5:00pm.
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/ESHA PRAKASH KASHYAP/Examiner, Art Unit 3783
/CHELSEA E STINSON/Supervisory Patent Examiner, Art Unit 3783
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