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
Claims 10-20 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 27 May 2026.
Applicant’s election of Group I: claims 1-9 in the reply filed on 27 May 2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claim Objections
Claim 7 objected to because of the following informalities: “;” following “further comprising”. Appropriate correction is required.
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) 1-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hawkins et al. (US 2022/0117626).
Regarding claim 1, Hawkins discloses a device (Fig. 1, 100) operable to secure a surgical tube to a patient (Fig. 1, Abstract), the device comprising:
at least one of a first portion (Fig. 2, 200) or a second portion (Fig. 2, 202) having:
an opening at a first end (Fig. 2 101), the opening operable to receive the surgical tube and friction-grip the surgical tube (Fig. 3, where 10 is inserted within 101 and is friction gripped by 206), and
one or more slits (Fig. 8, 225) formed into a side of at least one of the first portion (Fig. 8, where the first portion grooves are on the side of the part); and
an adhesive disposed on a bottom surface (Fig. 1, 102) at a second end of at least one of the first portion (¶[0066], where pad 102 is a bottom surface that includes an adhesive and is below the part 200), the adhesive operable to adhere the bottom surface to skin of the patient substantially surrounding a tube insertion area of the surgical tube into the patient (¶[0066], Fig. 1, where the adhesive adheres to the skin of a patient and the adhesive is designed to encompass the rest of the device and surround the tube insertion portion).
Regarding claim 2, Hawkins discloses the device of claim 1, wherein, at least one of the first portion or the second portion are formed of a malleable material (¶[0083], where the polymer or other flexible material can be malleable to create the desired shape).
Regarding claim 3, Hawkins discloses the device of claim 1, wherein, the first portion (Fig. 2, 200) is a bottom piece (Fig. 2, where 200 is on the bottom part of the construction and has adhesive 102 below) of the device, and the second portion (Fig. 2, 202) is a top piece of the device that mates with the bottom piece (Fig. 2, where 202 is located above 200 and mates with part 200 when assembled).
Regarding claim 4, Hawkins discloses the device of claim 3, further comprising: a first slit (Fig. 8, 225) disposed on the bottom piece (200) and a second slit (Fig. 15, 504) disposed on the top piece (202) configured to align in a different direction than the first slit when the top piece mates with the bottom piece (where 225 and 504 are two different slits that alight with each other in a screw type fashion to how the top and bottom pieces together).
Regarding claim 5, Hawkins discloses the device of claim 4, wherein, the first slit is directed 180 or 90 relative to the second slit (Fig. 14 & 15, where the second slit is 180° relative to the first slit as they face opposite directions to create a fit with each other, ¶[0087]).
Regarding claim 6, Hawkins discloses the device of claim 1, further including, one or more curved portions (Fig. 15, 320 & 506) include a first curved portion directed concavely (Fig. 15, 320) toward an interior of a base flange (Fig. 11, 204) and forming a transition between a sidewall of the base flange (Fig. 15, where the flange transitions into a curved portion) and a second curved (Fig. 15, 506) portion of the base flange, and one or more surface protrusions (Fig. 16, 514) including an elongated protrusion at the second curved portion (Fig. 17, where 514 protrudes above the curved portion 506).
Regarding claim 7, Hawkins discloses the device of claim 1, further comprising; one or more protrusions (Fig. 17, 502) extending from the second portion (202) configured to mate with a side of the first portion (Fig. 15, where 502 mates with portions on 200 to secure the first and second portion together, ¶[0087]).
Regarding claim 8, Hawkins discloses the device of claim 1, further including an opening neck (Fig. 14, 206) extending from a planar surface of the second portion (Fig. 14, where 206 is an interior portion that 202 encompasses and 206 extends upwards from the plane 202).
Regarding claim 9, Hawkins discloses the device of claim 1, wherein, the device has an upper portion (Fig. 11, 204) including a first opening (Fig. 11, 316), and a lower portion (Fig. 8, 220) including a second opening (Fig. 8, 216), and the first opening is narrower than at least a portion of the second opening (Fig. 8 & 11, where 216 is a wider opening than 316 and 316 is above 216).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HADEN M RITCHIE whose telephone number is (703)756-1699. The examiner can normally be reached M-F 8am-5:30pm.
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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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/HADEN MATTHEW RITCHIE/Examiner, Art Unit 3783
/BHISMA MEHTA/Supervisory Patent Examiner, Art Unit 3783
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