Office Action Predictor
Application No. 18/227,213

CATHETER HOLE HAVING A FLOW BREAKING FEATURE

Non-Final OA §102§103
Filed
Jul 27, 2023
Examiner
TENTONI, LEO B
Art Unit
1742
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Becton, Dickinson And Company
OA Round
1 (Non-Final)
82%
Grant Probability
Favorable
1-2
OA Rounds
2y 11m
To Grant
90%
With Interview

Examiner Intelligence

82%
Career Allow Rate
1134 granted / 1386 resolved
Without
With
+7.7%
Interview Lift
avg trend
2y 11m
Avg Prosecution
27 pending
1413
Total Applications
career history

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
48.3%
+8.3% vs TC avg
§102
20.8%
-19.2% vs TC avg
§112
19.0%
-21.0% vs TC avg
Black line = Tech Center average estimate • Based on career data

Office Action

§102 §103
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application is being examined under the pre-AIA first to invent provisions. Election/Restrictions Applicant’s election without traverse of Group II, claims 10-17 in the reply filed on 18 November 2025 is acknowledged. Claims 1-9 and 18-23 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 18 November 2025. Specification The disclosure is objected to because of the following informalities: On page 1, the status of all of the non-provisional parent applications should be updated (the information should include the application number, the filing date and the patent number) . Appropriate correction is required. Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of pre-AIA 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 – (b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States. Claim(s) 10 is/are rejected under pre-AIA 35 U.S.C. 102 (b) as being anticipated by Spiroff (U.S. Patent No. 3,828,767 A) . Regarding claim 10, Spiroff (see the entire document, in particular, col. 1, lines 4-8 and 32-37; col. 2, lines 26-32; col. 2, line 67 to col. 3, line 10; Figures 1, 5 and 7) teaches a process of making a peripheral catheter for diffusing an infusant (see col. 1, lines 32-37 (construction of the structures shown in the drawings) of Spiroff ), including (a) providing a tubular body member having a predetermined diameter and wall thickness, the tubular body member further having a proximal end, a distal end and a lumen extending therebetween, the tubular body member further having a truncated length sufficient to access a peripheral vein of a patient (see Figures 1 and 5 (catheter tubing 20, having a proximal end, a distal end and a lumen (i.e., an open, hollow space inside catheter tubing 20)); col. 1, lines 4-8 (catheter for angiographic use wherein a catheter is passed through a vein and into a major chamber of the heart) of Spiroff ); (b) tapering the distal end of the tubular body member to provide a tapered tip (see Figure 7; col. 2, lines 26-30 (the tip 30 of catheter A will have an outer taper 54) of Spiroff ); and (c) forming a plurality of holes through the tapered tip of the tubular body member and in communication with the lumen to define an array of diffusion holes (see Figure 7; col. 2, lines 31-32 (catheter A is completed by punching proximal holes 62 in tip 30) of Spiroff ). Claim Rejections - 35 USC § 103 The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action: (a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made. This application currently names joint inventors. In considering patentability of the claims under pre-AIA 35 U.S.C. 103(a), the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of pre-AIA 35 U.S.C. 103(c) and potential pre-AIA 35 U.S.C. 102(e), (f) or (g) prior art under pre-AIA 35 U.S.C. 103(a). Claims 11-17 are rejected under pre-AIA 35 U.S.C. 103( a) as being unpatentable over Spiroff (U.S. Patent No. 3,828,767 A) as applied to claim 10 above, and further in view of Lampropoulos et al ( U.S. Patent No. 5,968,017 A) . Regarding claim 11, Spiroff does not teach (1) disposing a first set of holes in a first annular ring, (2) disposing a second set of holes in a second annular ring, or (3) axially staggering the first set of holes from the second set of holes from about 15° to about 60° to provide a staggered array of diffusion holes. Lampropoulos et al (see the entire document, in particular, col. 1, lines 6-9; col. 13, line 53 to col. 14, line 16; Figure 12) teaches a catheter (see col. 1, lines 6-9 (fluid infusion systems including a catheter) of Lampropoulos et al), including disposing a first set of holes in a first annular ring, disposing a second set of holes in a second annular ring, and axially staggering the first set of holes from the second set of holes from about 15° to about 60° to provide a staggered array of diffusion holes (see Figure 12; col. 13, line 53 to col. 14, line 16 (individual infusion holes 20 are spaced along infusion length 261 at regular intervals, such as at about 0.050 inches; infusion holes 20 are grouped together in sets of four holes radially spaced apart at 90° intervals; each successive set of four holes is rotated relative to the immediately preceeding set of four holes by about 18°) of Lampropoulos et al), and it would have been obvious to one of ordinary skill in the art at the time the invention was made to dispose a first set of holes in a first annular ring, dispose a second set of holes in a second annular ring, and axially stagger the first set of holes from the second set of holes from about 15° to about 60° to provide a staggered array of diffusion holes in the process of Spiroff in view of Lampropoulos et al because the location, direction and sizing of holes is critical to the operation of the catheter (see col. 2, line 67 to col. 3, line 10 of Spiroff ). Regarding claims 11-17, see Figure 12; col. 13, line 53 to col. 14, line 16 (individual infusion holes 20 are spaced along infusion length 261 at regular intervals, such as at about 0.050 inches; infusion holes 20 are grouped together in sets of four holes radially spaced apart at 90° intervals; each successive set of four holes is rotated relative to the immediately preceeding set of four holes by about 18°) of Lampropoulos et al), and the recited limitations would have been obvious to one of ordinary skill in the art at the time the invention was made in the process of Spiroff in view of Lampropoulos et al because the location, direction and sizing of holes is critical to the operation of the catheter (see col. 2, line 67 to col. 3, line 10 of Spiroff ). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT LEO B. TENTONI whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-1209 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT 7:30-4:00 ET M-F . 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, FILLIN "SPE Name?" \* MERGEFORMAT Christina A. Johnson can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT (571)272-1176 . 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. FILLIN "Examiner Stamp" \* MERGEFORMAT LEO B. TENTONI Primary Examiner Art Unit 1742 /LEO B TENTONI/ Primary Examiner, Art Unit 1742
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Prosecution Timeline

Jul 27, 2023
Application Filed
Dec 10, 2025
Non-Final Rejection — §102, §103
Mar 19, 2026
Response Filed

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Prosecution Projections

1-2
Expected OA Rounds
82%
Grant Probability
90%
With Interview (+7.7%)
2y 11m
Median Time to Grant
Low
PTA Risk
Based on 1386 resolved cases by this examiner