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 .
Claim Objections
Claim 1 is objected to because of the following informalities: claim 1 recites, in relevant part, “a distal opening at a distal end of the projection; a proximal end with a proximal opening; a fluid pathway that extends between the distal opening and the proximal opening, wherein the fluid pathway extends inside the projection’ a valve disposed inside the projection and having a closed configuration that closes the distal opening of the fluid pathway and an open configuration that opens the distal opening of the fluid pathway” [emphasis added]. The claim defines the distal opening at a distal end of the projection, and a fluid pathway extending between the distal opening and the proximal opening. While it appears that the claim is referring to a single distal opening, the claim language “the distal opening of the fluid pathway” is not consistent with the prior limitation which describes the distal opening at a distal end “of the projection”.
Appropriate correction is required.
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.
Claim(s) 19, 24, 25 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fangrow (US 10,697,570).
Regarding claim 19, Fangrow discloses medical connector (figs. 50, 50A) comprising: a housing having: an outer wall; a first opening; a second opening; and a fluid pathway between the first opening and the second opening; and a hollow projection that defines an interior cavity that forms a portion of the fluid pathway, the projection disposed inward of the outer wall to form a cavity between the projection and the outer wall; a valve 1117 disposed inside the projection, the valve having a closed position with an end of the valve substantially flush with an end of the projection to close the fluid pathway (fig. 50) and an open position with the end of the valve recessed inside the projection to open the fluid pathway (fig. 52); and a cover disposed in the cavity between the projection and the outer wall (fig. 52), wherein the cover has a first configuration with the cover disposed substantially flush with the end of the valve and substantially flush with the end of the projection (fig. 50A). See Figs. 50, 50A, 52 annotated below.
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Regarding claim 24, Fangrow discloses that the cover is configured to be pushed along an exterior of the projection when a second medical connection is coupled to the medical connector (see fig. 52 above).
Regarding claim 25, Fangrow discloses that the cover is configured to form a seal with a housing 1468 of the second medical connector (Fig. 50A).
Allowable Subject Matter
Claims 1-18, 30-38 are allowed.
Claims 20-23, 26-30 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including 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: the breakaway medical connector as claimed could not be found and was not suggested by the prior art of record, particularly the first engagement features, a breakaway member comprising second engagement features that engage the first engagement features, and a coupling interface configured to couple to a second medical connector and to position the second medical connector to open the valve when the second medical connector is coupled to the breakaway member when the second engagement features are engaged with the first engagement features, and wherein the first engagement features and the second engagement features are configure to disengage if a force above a threshold pulls the breakaway member in a distal direction, to thereby provide a breakaway disconnection, in combination with the features of the invention, substantially as claimed.
Similarly, the prior art fails to teach a method of using a breakaway connector comprising the steps of detaching the breakaway member and the second medical connector from the main body of the first medical connector by pulling the second connector away from the first connector, wherein the breakaway member remains coupled to the second medical connector after the detachment, and reattaching the breakaway member to the main body of the first medical connector without needing a tool, in combination with the features of the invention, substantially as claimed.
Breakaway connectors are known in the art as taught by Hallisey et al (US 10,569,073) for example, however, the prior art fails to teach the valve, the first and second engagement features and the coupling interface as claimed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAURA A BOUCHELLE whose telephone number is (571)272-2125. The examiner can normally be reached Mon-Fri 8:00-5:00 CST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bhisma Mehta can be reached at 571-272-3383. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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LAURA A. BOUCHELLE
Primary Examiner
Art Unit 3783
/LAURA A BOUCHELLE/Primary Examiner, Art Unit 3783