DETAILED ACTION
This office action is in response to applicant’s communication of 5/5/2023. Currently claims 1-9 are pending and rejected below.
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 .
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 4 and 7 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.
Claims 4 and 7contains the trademark/trade name “VELCRO”. Where a trademark or trade name is used in a claim as a limitation to identify or describe a particular material or product, the claim does not comply with the requirements of 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph. See Ex parte Simpson, 218 USPQ 1020 (Bd. App. 1982). The claim scope is uncertain since the trademark or trade name cannot be used properly to identify any particular material or product. A trademark or trade name is used to identify a source of goods, and not the goods themselves. Thus, a trademark or trade name does not identify or describe the goods associated with the trademark or trade name. In the present case, the trademark/trade name is used to identify/describe hook and loop type fastening or hook and pile fastening, accordingly, the identification/description is indefinite.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-9 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by KAGAN et al. (US 5,755,698).
Kagan discloses a catheter protector harness that would provide a comfort and support system for tubes with: a support device (figures 1-6) comprising a flat portion (57/51/50) and a padded portion (20) where the padded portion extends outward from the flat portion and is shaped to form a support area (near 48/15 area) for supporting a PEG feeding tube (27); and an adjustable strap (30/35) capable of forming a belt for holding the support device in place.
Concerning claim 2 and the flat portion of the support device comprises a first layer (57) and a second layer (50) where the first layer and second layer are connected to each other so as to form a pouch for storing excess PEG feeding tube (see figure 3).
Concerning claim 3 and the first layer and second layer of the flat portion further comprise temporary attachment means (hook and loop structures on 57/55) for opening and closing the pouch.
Concerning claim 4 and the attachment means of the first layer and second layer of the flat portion comprises Velcro strips (see elements 55/57).
Concerning claim 5 and the support device and the adjustable strap are made of a soft fabric (note construction of belt 20 material).
Concerning claim 6 and the adjustable strap comprises temporary attachment means for opening and closing the belt formed by the adjustable strap (see 35/45).
Concerning claim 7 and the temporary attachment means of the adjustable strap comprises Velcro strips. (again, see material of 35/45).
Concerning claim 8 and the padded portion is crescent shaped and where the top of the padded portion is recessed to form the support area (see the shape of the belt from top down is c shaped or cresent shaped and the recess formed between the belt sides of 20 form the section for the support area as in figure 1).
Concerning claim 9 and the flat portion of the support device and the adjustable strap each further comprise an opening through which a PEG feeding tube could be inserted (see figure 3 and near 27 and how it enters the pouch through an opening).
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHILLIP A GRAY whose telephone number is (571)272-7180. The examiner can normally be reached M-F 9-5 EST (FLEX).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Tsai can be reached at (571)270-5246. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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PHILLIP A. GRAY
Primary Examiner
Art Unit 3783
/PHILLIP A GRAY/Primary Examiner, Art Unit 3783