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 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.
Claims 1-2, 12-13, and 17-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nelson et al (US 20110270187 A1), as evidence by Nelson (US 5702372 A).
Regarding claim 1, Nelson (‘187) discloses a connection assembly 201 for an implantable drug delivery system (fig 1), the connection assembly comprising:
a base member 202 configured to be attached to a skull of a recipient, the base member comprising:
an access hole 208 for accessing a burr hole 110 in the skull of the recipient; and
an outer guide channel 214 that extends along an outside edge of the base member; and
a manifold 204 configured to fluidically couple a proximal end portion of a microcatheter 102 to a distal end portion of a source catheter 104 (fig 2);
wherein the base member 202 is configured to position the microcatheter through the access hole (figure 2 at 113) and in the outer guide channel when a distal end portion of the microcatheter 102 is implanted in a brain 116 of the recipient.
Regarding claim 2, Nelson (‘187) discloses the manifold 204 is integrally formed with the base member. This claim is considered a product-by-process claim. Therefore, the final product will be given patentable weight. [See 0044].
Regarding claim 12, Nelson (‘187) discloses further comprising a cover 203 configured to cover the base member and the manifold.
Regarding claims 13 and 17, Nelson (‘187) discloses a drug delivery system implantable in a recipient and method, comprising:
a cranial port 201 and attaching it to a skull (figs 1 and 7; 0037]) comprising:
a base member 202 configured to be attached to a skull of the recipient and comprising:
an access hole 208 for accessing a burr hole 110 in the skull of the recipient; and
an outer guide channel 214 that extends along an outside edge of the base member; and
a manifold 204; and
a microcatheter 102 comprising:
a proximal end portion 113 (fig 2) configured to be fluidically connected to the manifold 204 (figures 1- 2); and a distal end portion 108 configured to be implanted (then implanted, [0037],) at a target location within the recipient and comprising an elution opening configured to elute a fluid to the target location. (Nelson (‘187) discloses that infusion therapy will be delivered into target area 116. Nelson (‘372) shows as evidence that an infusion catheter having elution openings 16 in figure 1 to deliver treatment to a brain as well known in the art);
wherein the base member 202 is configured to position the microcatheter through the access hole (figure 2 at 113) and in the outer guide channel when the distal end portion of the microcatheter is implanted at the target location.
Regarding claim 18, Nelson (‘187) further discloses a source catheter 104 comprising: a proximal end portion configured to be fluidically connected to a fluid source 106 configured to provide a fluid (fig 1); and a distal end portion 114 configured to be fluidically connected to the manifold 204.
Regarding claim 19, Nelson (‘187) discloses the manifold 204 is integrally formed with the base member. This claim is considered a product-by-process claim. Therefore, the final product will be given patentable weight. Nelson discloses this limitation in [0044].
Allowable Subject Matter
Claims 3- 11, 14-16, and 20 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 form.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Cris L Rodriguez whose telephone number is (571)272-4964. The examiner can normally be reached Monday-Thursday 8am- 2pm..
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/Cris L. Rodriguez/
Primary Patent Examiner
Art Unit 3783
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