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 .
Response to Amendment
The amendment filed March 20, 2026 has been entered. Claims 1-11 remain pending in the application. Applicant’s amendments to the claims have overcome the rejections under 35 USC 112 previously set forth in the Non-Final Office Action mailed December 23, 2025.
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.
Claims 1, 3-4, 7, and 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Mononen et al. (USPN 5106376) in view of Rajendran et al. (US 20140025039).
Regarding claim 1, Mononen discloses a catheter set (Figure 1) for forming different catheter arrangements for peripheral regional anesthesia (Figures 4-6; “an anesthesia set comprising a straight epidural cannula with a ground opening, a spinal cannula which is longer and thinner than the epidural cannula and which can be inserted into the epidural cannula such that its front end projects from the epidural cannula, and a catheter adapted to be advanced through the epidural cannula.” [Col 1, line 6-13]), the catheter set comprising:
a capillary (epidural cannula 10) with a capillary tube (cannula tube 11) and a capillary attachment (cannula hub 18) that is joined to a proximal end of the capillary tube (Figure 1);
a cannula (spinal cannula 20) with a cannula tube (cannula tube 21 and plastic tube 25) that is inserted or insertable into the capillary tube (“the spinal cannula 20 with the stylet 27 located therein may be inserted into the epidural cannula 10” [Col 4, line 40-42]; Figure 3), and with a cannula attachment (cannula hub 28) that is joined to a proximal end of the cannula tube (Figure 1) and is releasably connected or connectable to the capillary attachment (“The end of the cannula tube 21 far from the tip 23 has a cannula hub 28 attached thereon which has an outer cone 22 at the end facing the cannula and an inner connecting element at the other end for applying a syringe. The outer cone 22 serves as a plug connection with an inner cone of the cannula hub 18 of the epidural cannula 10” [Col 3, line 57-63]);
a catheter hose (epidural catheter 30) that is advanceable in a distal direction through the capillary tube (“The epidural catheter 30 may be advanced through the cannula hub 18 and the cannula tube 11 until it hits the bend at the tip of the epidural cannula 10.” [Col 4, lines 56-58]; Figures 5-6);
a catheter coupling configured for fastening to a proximal end of the catheter hose (“The opposite end has a connector (not illustrated) for connecting a syringe or the like” [Col 2, line 26-27]); and
a fluid admission line with a hose (syringe 40) and at least one fluid connector (“fitting hub of syringe 40” [Col 4, line 50]) that is joined to a distal end of the hose (Figure 4) and releasably connectable to the capillary attachment (via connection to cannula hub 28; Figure 4),
the catheter set being configured for selectively forming at least a first catheter arrangement (Figure 6) and a second catheter arrangement (Figure 4),
the first catheter arrangement having the catheter hose (catheter 30) and the catheter coupling fastened to the proximal end of the catheter hose, the first catheter arrangement configured for dispensing an anesthetic via the catheter hose (“the epidural cannula 10 may be axially pulled from the epidural catheter 30 so that the situation shown in FIG. 6 will occur. Finally, a connector (not illustrated) may be connected to the rear catheter end to inject analgetics into the epidural space in front of the dura 38 through a syringe applied to the connector.” [Col 4, line 65 – Col 5, line 4]), and
the second catheter arrangement having the capillary (cannula 10) and the fluid admission line (syringe 40) connected to the capillary attachment by the at least one fluid connector, the second catheter arrangement configured for dispensing the anesthetic via the capillary tube (“the spinal cannula 20 with the stylet 27 located therein may be inserted into the epidural cannula 10 up to the intrathecal space…When the tip 26 of the spinal cannula 20 has reached the spinal channel 37, the stylet 27 may be withdrawn from the spinal cannula 20, and the connecting element of the cannula hub 28 may be coupled with a fitting hub of syringe 40 from which an analgetic for spinal anesthesia may be injected into the spinal space 37 (FIG. 4).” [Col 4, line 40-52]).
Mononen fails to explicitly disclose the second catheter arrangement having the capillary and the fluid admission line connected to the capillary attachment by the at least one fluid connector without the cannula or the catheter hose present.
Rajendran discloses a catheter set (apparatus 200) comprising a capillary (reinforced catheter 202) with a capillary attachment (hub 206); a cannula (cannula tube 204) with a cannula attachment (hub 207 having lock 208); a fluid admission line (connecting tube 112) with at least one fluid connector (connector 219); the catheter set being configured for forming at least a first catheter arrangement (Figure 2A, top arrangement of apparatus 200) and a second catheter arrangement (Figure 2A, lower arrangement of apparatus 200); wherein the second catheter arrangement having the capillary (catheter 202) and the fluid admission line (connecting tube 112) connected to the capillary attachment (hub 206) by the at least one fluid connector (connector 219) without the cannula or a catheter hose present (“Once in place adjacent to the targeted nerve(s) 106, the lock 208 is disengaged, the cannula 204 is withdrawn, and the catheter 202 is positioned to provide continuous nerve block.” [0225]; “The catheter hub 206 is further configured to accept a connector 219 on the end of the connecting tube 112. The connecting tube 112 is coupled to an infusion pump on the opposite end.” [0226]; Figure 1).
Before the effective filing date of the claimed invention, it would have been obvious to one having ordinary skill in the art to modify the second catheter arrangement of the catheter set of Mononen to include the capillary and the fluid admission line connected to the capillary attachment by the at least one fluid connector without the cannula or the catheter hose present based on the teachings of Rajendran to enable the catheter set to be positioned to delivered a continuous nerve block (Rajendran [0227]).
Regarding claims 3 and 4, modified Mononen discloses the catheter set according to claim 1.
Modified Mononen fails to explicitly disclose wherein the capillary tube is flexible, as required by claim 3; and wherein the capillary tube is produced from polyurethane, as required by claim 4.
Rajendran discloses a catheter set (apparatus 200) comprising a capillary with a capillary tube (reinforced catheter 202) and a capillary attachment (hub 206) and a cannula with a cannula tube (cannula tube 204) and a cannula attachment (hub 207), wherein the capillary tube is flexible (“the present invention is designed preferably as a large gauge needle (17 to 21 gauge) so that it will accept insertion of a large flexible catheter (20 to 22 gauge in diameter) for indwelling placement.” [0131]) and is produced from polyurethane (“The terms sheath, sleeve, and catheter are used interchangeably throughout the specification…the sheath may include polyesters; polyurethanes” [0146]).
Before the effective filing date of the claimed invention, it would have been obvious to one having ordinary skill in the art to modify the capillary tube of Mononen to be flexible, as required by claim 3, and produced from polyurethane, as required by claim 4, based on the teachings of Rajendran to ensure the capillary tube is biocompatible and adapted for indwelling placement (Rajendran [0131]).
Regarding claim 7, modified Mononen discloses the catheter set according to claim 1.
Modified Mononen fails to explicitly disclose at least one of: a first sensor integrated in a distal end of the capillary tube; a second sensor integrated in a distal end of the cannula tube; and a third sensor integrated in a distal end of the catheter hose.
Rajendran discloses a catheter set (apparatus 200) comprising a capillary with a capillary tube (reinforced catheter 202) and a capillary attachment (hub 206) and a cannula with a cannula tube (cannula tube 204) and a cannula attachment (hub 207), further comprising a first sensor (echogenic region 222) integrated in a distal end of the capillary tube (“the distal portion of the catheter 202 includes an echogenic region 222 including echogenic material to aid with ultrasound visualization of a distal tip of the catheter 202” [0227]).
Before the effective filing date of the claimed invention, it would have been obvious to one having ordinary skill in the art to modify the capillary tube of Mononen to include a first sensor integrated in a distal end of the capillary tube based on the teachings of Rajendran to assist in visualization and placement of the capillary tube (Rajendran [0226-0227]).
Regarding claim 9, modified Mononen discloses a method for forming a first catheter arrangement (Figure 6) with the catheter set according to claim 1, the method comprising the steps of:
removing the cannula (Figure 5 showing cannula 20 withdrawn from epidural cannula 10), wherein the cannula attachment is released from the capillary attachment, and the cannula tube advanced in the capillary tube is extracted in a proximal direction from the capillary tube (“After the spinal cannula 20 has been withdrawn from the epidural cannula 10, the epidural cannula 10 may be used as a guide means for the epidural catheter 30 (FIG. 5)” [Col 4, line 53-55]);
fitting the catheter hose (catheter 30), wherein the distal end of the catheter hose is inserted into the capillary attachment and advanced in the distal direction along the capillary tube (“The epidural catheter 30 may be advanced through the cannula hub 18 and the cannula tube 11 until it hits the bend at the tip of the epidural cannula 10. Since the epidural catheter 30 does not fit through the axial hole 17, the epidural catheter is deflected sideward following the bend of the cannula and will glide upward along the dura 38.” [Col 4, line 56-62]);
removing the capillary (epidural cannula 10), wherein the capillary tube is withdrawn in a proximal direction from the catheter hose (“Subsequently, the epidural cannula 10 may be axially pulled from the epidural catheter 30 so that the situation shown in FIG. 6 will occur.” [Col 4, line 65-68]); and
fastening the catheter coupling to the proximal end of the catheter hose (“a connector (not illustrated) may be connected to the rear catheter end to inject analgetics into the epidural space in front of the dura 38 through a syringe applied to the connector.” [Col 5, lines 1-4]).
Regarding claim 10, modified Mononen discloses a method for forming a second catheter arrangement with the catheter set according to claim 1.
Modified Mononen fails to explicitly disclose the method comprising the steps of: removing the cannula, wherein the cannula attachment is released from the capillary attachment, and the cannula tube advanced in the capillary tube is extracted in a proximal direction from the capillary tube; and fitting the fluid admission line, wherein the at least one fluid connector of the fluid admission line is connected to the capillary attachment without the cannula or a catheter hose present.
Rajendran discloses a method for forming a second catheter arrangement with a catheter set (Figures 1 and 2A), the method comprising the steps of removing a cannula (cannula 204), wherein a cannula attachment (hub 207 having lock 208) is released from the capillary attachment, and the cannula tube advanced in the capillary tube is extracted in a proximal direction from the capillary tube (“Once in place adjacent to the targeted nerve(s) 106, the lock 208 is disengaged, the cannula 204 is withdrawn, and the catheter 202 is positioned to provide continuous nerve block.” [0225]); and fitting a fluid admission line (connecting tube 112), wherein a fluid connector (connector 219) of the fluid admission line is connected to a capillary attachment (hub 206) without the cannula or a catheter hose present (“The catheter hub 206 is further configured to accept a connector 219 on the end of the connecting tube 112. The connecting tube 112 is coupled to an infusion pump on the opposite end.” [0226]; Figures 1-2A).
Before the effective filing date of the claimed invention, it would have been obvious to one having ordinary skill in the art to modify the method for forming a second catheter arrangement with the catheter set of Mononen to include the steps of removing the cannula and fitting the fluid admission line, wherein the at least one fluid connector of the fluid admission line is connected to the capillary attachment without the cannula or the catheter hose present based on the teachings of Rajendran to enable the catheter set to be positioned to delivered a continuous nerve block (Rajendran [0227]).
Claims 2, 8, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Mononen et al. (USPN 5106376) in view of Rajendran et al. (US 20140025039) as applied in claim 1 above and further in view of Braun Melsungen AG (DE 29503750 – Citations from English Translation provided in IDS filed 05/25/24), hereinafter Braun.
Regarding claim 2, modified Mononen discloses the catheter set according to claim 1.
Modified Mononen fails to explicitly disclose a fixing component that is fastenable to the capillary attachment and configured for axially fixing the catheter hose, insertable into the capillary tube, on the capillary, the catheter set being configured for selectively forming a third catheter arrangement which has the capillary, the catheter hose, the fixing component and the catheter coupling fastened to the proximal end of the catheter hose, the fixing component being fastened to the capillary attachment, and the catheter hose being advanced in the distal direction through the capillary tube for dispensing the anesthetic and axially fixed relative to the capillary by the fixing component.
Braun discloses a catheter set (Figure 3) comprising a capillary with a capillary tube (outer tubular part 10) and a capillary attachment (attachment 11); a catheter hose (inner elongated part 15; “this part 15 may be a flexible catheter” [0026]); and a catheter coupling (base at proximal end of inner elongated part 15 to attach syringe: “a syringe is attached to the base of the spinal cannula” [0007]); further comprising a fixing component (clamping element 120) that is fastenable to the capillary attachment and configured for axially fixing the catheter hose, insertable into the capillary tube, on the capillary (“To secure the inner elongated part 15 in a specific position relative to the outer tubular part 10 against axial movement, the clamping element 20 is advanced towards the inner cone 12 of the projection 11 and the outer cone 21 is forcefully pressed into the inner cone 12.” [0027]; “The soft outer cone 121 is rotated into the incline of the inner cone 112 and compressed as described, whereby the inner elongated part 15 is axially fixed in the base 111 of the outer tubular part 10.” [0032]),
the catheter set being configured for selectively forming a third catheter arrangement which has the capillary, the catheter hose, the fixing component and the catheter coupling fastened to the proximal end of the catheter hose (Figure 3), the fixing component being fastened to the capillary attachment (Figure 3), and the catheter hose being advanced in the distal direction through the capillary tube for dispensing the anesthetic (Figures 1-2 showing the inner elongated part 15 being advanced in a distal direction through outer tubular part 10) and axially fixed relative to the capillary by the fixing component (“This pressure causes the inner elongated part 15 to be fixed axially immovably in the arrangement 10, 11 and to be stuck in such a way that it can, for example, B. at attaching a syringe to the rear end of the inner elongated part does not move” [0027-0028]).
Before the effective filing date of the claimed invention, it would have been obvious to one having ordinary skill in the art to further modify the catheter set of Mononen to include a fixing component such that the catheter set is configured for selectively forming a third catheter arrangement having the capillary, the catheter hose, the fixing component and the catheter coupling based on the teachings of Braun to allow the catheter hose to be held axially fixed within the capillary without requiring the user to manually hold the catheter hose or capillary in order to provide safe handling of the catheter set in a manner that prevents contamination or unnecessary shifting of the catheter set (Braun [0013]).
Regarding claim 8, modified Mononen discloses the catheter set according to claim 2.
Modified Mononen fails to explicitly disclose the fixing component has an actuation element and a clamping element that is pliable, the clamping element is receivable or received in a receiving recess of the capillary attachment and has, in a received state, a lumen that is oriented coaxially to the capillary tube and into which the catheter hose is distally insertable, the actuation element is mountable or mounted on the capillary attachment in such a way as to be movable relative to the capillary attachment and is operatively connected to the clamping element in a force-transmitting and/or movement-transmitting manner, and the clamping element, by a movement of the actuation element, is elastically deformable between a clamping configuration, in which the lumen is radially narrowed and an axial mobility of the catheter hose is fixed by frictional engagement, and an enabling configuration, in which the frictional engagement is cancelled and the axial mobility of the catheter hose is enabled.
Braun discloses a catheter set (Figure 3) comprising a capillary with a capillary tube (outer tubular part 10) and a capillary attachment (attachment 11); a catheter hose (inner elongated part 15; “this part 15 may be a flexible catheter” [0026]); and a catheter coupling (based at proximal end of inner elongated part 15 to attach syringe: “a syringe is attached to the base of the spinal cannula” [0007]); further comprising a fixing component (clamping element 120) having an actuation element (handle 125) and a clamping element (outer cone 121 and circular cylindrical coaxially extension 122) that is pliable (“a soft elastic body in the form of an outer cone 121 and a circular cylindrical coaxial extension 122” [0031]), the clamping element is receivable or received in a receiving recess (inner cone 112) of the capillary attachment (Figure 3; “The soft outer cone 121 is rotated into the incline of the inner cone 112” [0032]) and has, in a received state, a lumen that is oriented coaxially to the capillary tube and into which the catheter hose is distally insertable (Figure 3), the actuation element is mountable or mounted on the capillary attachment in such a way as to be movable relative to the capillary attachment (“the handle 125 can be screwed onto the projection 111.” [0032]) and is operatively connected to the clamping element in a force-transmitting and/or movement-transmitting manner (“The rear end of the circular cylindrical extension 122 is inserted into a socket 31 of a cap-shaped handle 125 and is in this attached by welding or gluing.” [0031-0032]), and the clamping element, by a movement of the actuation element, is elastically deformable between a clamping configuration, in which the lumen is radially narrowed and an axial mobility of the catheter hose is fixed by frictional engagement (“the handle 125 can be screwed onto the projection 111. The soft outer cone 121 is rotated into the incline of the inner cone 112 and compressed as described, whereby the inner elongated part 15 is axially fixed in the base 111 of the outer tubular part 10.” [0032]), and an enabling configuration, in which the frictional engagement is cancelled and the axial mobility of the catheter hose is enabled (when handle 125 is not screwed onto projection 111; see Figure 4 for example).
Before the effective filing date of the claimed invention, it would have been obvious to one having ordinary skill in the art to further modify the catheter set of Mononen to include a fixing component having an actuation element and a clamping element based on the teachings of Braun to allow the catheter hose to be held axially fixed within the capillary without requiring the user to manually hold the catheter hose or capillary in order to provide safe handling of the catheter set in a manner that prevents contamination or unnecessary shifting of the catheter set (Braun [0013]).
Regarding claim 11, modified Mononen in view of Braun discloses a method for forming a third catheter arrangement with the catheter set according to claim 2, the method comprising the steps of: removing the cannula (Figure 5 showing cannula 20 withdrawn from epidural cannula 10), wherein the cannula attachment is released from the capillary attachment, and the cannula tube advanced in the capillary tube is extracted in a proximal direction from the capillary tube (“After the spinal cannula 20 has been withdrawn from the epidural cannula 10, the epidural cannula 10 may be used as a guide means for the epidural catheter 30 (FIG. 5)” [Col 4, line 53-55]).
Modified Mononen fails to explicitly disclose the method comprising the steps of: fitting the fixing component to the capillary, wherein the fixing component is fastened to the capillary attachment; fitting the catheter hose, wherein the distal end of the catheter hose is inserted into the capillary attachment and advanced in the distal direction along the capillary tube; positioning the catheter hose, wherein the distal end of the catheter hose is advanced as far as a desired position with respect to the distal end of the capillary tube; fixing the catheter hose, wherein the fixing component is actuated and the catheter hose is axially fixed relative to the capillary under the action of the fixing component; and fastening the catheter coupling to the proximal end of the catheter hose.
Braun discloses a method for forming a third catheter arrangement (Figure 3) comprising the steps of: fitting the fixing component (clamping element 120) to the capillary (outer tubular part 10), wherein the fixing component is fastened to the capillary attachment (Figure 3; “the handle 125 can be screwed onto the projection 111.” [0032]); fitting the catheter hose (inner elongated part 15), wherein the distal end of the catheter hose is inserted into the capillary attachment and advanced in the distal direction along the capillary tube (Figures 1-2 showing the inner elongated part 15 inserted into outer tubular part 10); positioning the catheter hose, wherein the distal end of the catheter hose is advanced as far as a desired position with respect to the distal end of the capillary tube (Figure 3); fixing the catheter hose, wherein the fixing component is actuated and the catheter hose is axially fixed relative to the capillary under the action of the fixing component (“the handle 125 can be screwed onto the projection 111. The soft outer cone 121 is rotated into the incline of the inner cone 112 and compressed as described, whereby the inner elongated part 15 is axially fixed in the base 111 of the outer tubular part 10.” [0032]); and fastening the catheter coupling to the proximal end of the catheter hose (base at proximal end of inner elongated part 15 to attach syringe: “a syringe is attached to the base of the spinal cannula” [0007]; “This pressure causes the inner elongated part 15 to be fixed axially immovably in the arrangement 10, 11 and to be stuck in such a way that it can, for example, B. at attaching a syringe to the rear end of the inner elongated part does not move” [0027-0028]).
Before the effective filing date of the claimed invention, it would have been obvious to one having ordinary skill in the art to modify the method for forming a third catheter arrangement with the catheter set of Mononen to include the steps of fitting the fixing component to the capillary, fitting the catheter hose, positioning and fixing the catheter hose, and fastening the catheter coupling to the proximal end of the catheter hose based on the teachings of Braun to allow the catheter hose to be held axially fixed within the capillary without requiring the user to manually hold the catheter hose or capillary in order to provide safe handling of the catheter set in a manner that prevents contamination or unnecessary shifting of the catheter set (Braun [0013]).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Mononen et al. (USPN 5106376) in view of Rajendran et al. (US 20140025039) as applied in claim 1 above and further in view of Choi (US 20130158427).
Regarding claim 5, modified Mononen discloses the catheter set according to claim 1.
Modified Mononen fails to explicitly disclose the catheter hose has an extractable mandrel.
Choi discloses a catheter set (Figure 7b) comprising a capillary (cannula 200) and a catheter hose (catheter 300), wherein the catheter hose has an extractable mandrel (guide wire 400; “If it is determined that the one end of the catheter 300 is accurately located near the target nerve 6, the operator may also remove the guide wire 400 accommodated inside the catheter 300” [0052]).
Before the effective filing date of the claimed invention, it would have been obvious to one having ordinary skill in the art to modify the catheter hose of Mononen to include an extractable mandrel based on the teachings of Choi to provide structural support to the catheter hose so that the catheter hose can be easily inserted to the target location (Choi [0038]).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Mononen et al. (USPN 5106376) in view of Rajendran et al. (US 20140025039) as applied in claim 1 above and further in view of Gianotti et al. (USPN 10758717).
Regarding claim 6, modified Mononen discloses the catheter set according to claim 1.
Modified Mononen fails to explicitly disclose a plurality of sensors configured for ultrasound-based locating and mounted on different components of the catheter set.
Gianotti discloses a catheter set (Figures 11A-B), the catheter set comprising: a capillary (FICS support catheter 1110) and a cannula (FICS dilator shaft 1120), further comprising a plurality of sensors (radiopaque markers 1111, 1125, 1126) configured for ultrasound-based locating and mounted on different components of the catheter set (marker 1111 on catheter 1110 and markers 1125, 1126 on dilator shaft 1120; Figure 11A).
Before the effective filing date of the claimed invention, it would have been obvious to one having ordinary skill in the art to further modify the catheter set of Mononen to include a plurality of sensors configured for ultrasound-based locating and mounted on different components of the catheter set based on the teachings of Gianotti to provide visualization and precise placement of the catheter set components relative to each other (Gianotti [Col 12, line 28-32], [Col 13, lines 58-61], [Col 26, line 47 – Col 27, line 7]).
Response to Arguments
Applicant’s arguments with respect to claims 1-11 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Regarding the argument that “the prior art does not teach or suggest the ‘second catheter arrangement’ recited in claim 1” (Remarks, page 7), the examiner respectfully disagrees. As detailed above with respect to the rejection of claim 1, Mononen et al. (USPN 5106376) discloses a catheter set configured for selectively forming at least a first catheter arrangement (Figure 6) and a second catheter arrangement (Figure 4), but fails to explicitly discloses the second catheter arrangement having the capillary and the fluid admission line connected to the capillary attachment by the at least one fluid connector without the cannula or the catheter hose present. Rajendran et al. (US 20140025039) discloses a catheter set (200) configured for forming at least a first catheter arrangement and a second catheter arrangement (Figure 2A, two arrangements of apparatus 200 shown); wherein the second catheter arrangement having the capillary (202) and the fluid admission line (112) connected to the capillary attachment (206) by the at least one fluid connector (219) without the cannula or a catheter hose present (“Once in place adjacent to the targeted nerve(s) 106, the lock 208 is disengaged, the cannula 204 is withdrawn, and the catheter 202 is positioned to provide continuous nerve block.” [0225]; “The catheter hub 206 is further configured to accept a connector 219 on the end of the connecting tube 112. The connecting tube 112 is coupled to an infusion pump on the opposite end.” [0226]; Figure 1). It is maintained that it would have been obvious to one having ordinary skill in the art to modify the second catheter arrangement of the catheter set of Mononen to include the capillary and the fluid admission line connected to the capillary attachment by the at least one fluid connector without the cannula or the catheter hose present based on the teachings of Rajendran to enable the catheter set to be positioned to delivered a continuous nerve block (Rajendran [0227]).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 LEAH J SWANSON whose telephone number is (571)270-0394. The examiner can normally be reached M-F 9 AM- 5 PM ET.
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, 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/LEAH J SWANSON/Examiner, Art Unit 3783
/KEVIN C SIRMONS/Supervisory Patent Examiner, Art Unit 3783
Prosecution Insights