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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 38. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 –
Claim(s) 1-8 and 10-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by White et al. (US 2020/0289791 A1).
With regard to claims 1, 2, and 7, White et al. teach a catheter assembly comprising: a catheter adapter (Fig. 1A member 120) comprising: a distal end (Fig. 1A end closer to 122); a proximal end (Fig. 1A end opposite 122); a lumen extending between the distal end and the proximal end (Fig. 2 central channel 124); and a side port arranged between the distal end and the proximal end, the side port in fluid communication with the lumen (Fig. 2 channel orthogonal to central portion 124); a catheter secured to the distal end of the catheter adapter and extending distally from the catheter adapter (Fig. 1A member 122); a fluid conduit having a proximal end coupled to the side port and a distal end, the fluid conduit in fluid communication with the side port (Figs. 1A and 2, member 160 coupled in fluid communication via 150); an elongated arm configured to extend distally away from the catheter adapter (Fig. 1A members 140 and 140’); and a stabilization platform spaced from the catheter adapter and positioned along the fluid conduit (Fig. 1A member 130).
With regard to claims 3-5, see exemplary Fig. 5D arm may intersect at 130.
With regard to claim 6, the platform is spaced from the proximal and intermediary portions of the arms.
With regard to claim 8, see Fig. 1A member 162.
With regard to claims 10 and 11, see [0028] and [0029], adhesive may be used to secure the anchor points 112’ of 130 (Fig. 1B).
With regard to claims 12 and 13, see Fig. 1A not numbered clamp on 160.
Claim Rejections - 35 USC § 103
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.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over White et al. (US 2020/0289791 A1) as applied to claim 8 above, and further in view of Hu et al. (US 2020/0023176 A1).
With regard to claim 9, White et al. teach a device substantially as claimed. White et al. do not show the explicit structure of 162. However, Hu et al. discloses needless connectors for fluid connection at the end of a line (Fig. 1A members 40a and 40b, [0034]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to use a needle-free connector in White et al. as Hu et al. teach such is an art effective means for connection and would yield the same predictable result.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over White et al. (US 2020/0289791 A1) as applied to claim 1 above, and further in view of Ponzi et al. (US 2006/0058738 A1).
With regard to claim 14, White et al. appears to show that member 130 may be made of two parts which close around the conduit (see Fig. 1A there is a line between the upper and lower portions of 130), however, it is not explicitly discussed how 160 is connected with 130. However, Ponzi et al. shows how a clamp member may fit around a fluid conduit for stabilization which allows for readjustment (Fig. 1, [0041]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to place an additional clamp stabilization member along fluid conduit 160 of White et al. as in Poinzi et al. so that the extra tubing may be retained and adjust as needed along the patient based on location and treatment. As combined for the purpose of claim 14, this additional member is considered as the stabilization platform as opposed to member 130.
Claim(s) 15-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over White et al. (US 2020/0289791 A1) as applied to claim 1 above, and further in view of Smith (US 8,795,256 B1).
With regard to claims 15-17, White et al. teach a connector 162 (Fig. 1A) but do not disclose details of the connectors including that it is a force release connector with a disconnect connector, release feature, or valve. However, Smith teaches a breakaway connector which includes a disconnect connector 30, release feature 50, and valve 45 which allows for disconnect without stressing or jeopardizing an intravenous site (Fig. 2a, Col. 2 lines45-48). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to use a connection in White et al. as in Smith as this allows for disconnect without stressing or jeopardizing an intravenous site.
With regard to claim 18, White et al. shows that the connector may be connected to two lines with ports (Fig. 5D).
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over White et al. (US 2020/0289791 A1) and Smith (US 8,795,256 B1) as applied to claim 18 above, and further in view of Hu et al. (US 2020/0023176 A1).
With regard to claim 19, White et al. teach a device substantially as claimed. White et al. do not show the explicit structure of the ports. However, Hu et al. discloses needless connectors for fluid connection at the end of a line (Fig. 1A members 40a and 40b, [0034]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to use a needle-free connector in White et al. as Hu et al. teach such is an art effective means for connection and would yield the same predictable result.
Double Patenting
Claims 1-5, 8, and 10 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-7, 10-13, 15, and 16 of copending Application No. 18238601 in view of White et al. (US 2020/0289791 A1). The copending claims to not disclose a stabilization platform. However, White et al. discloses a stabilization platform with and adhesive anchor (Figs. 1A and 1B member 130 with anchors 112’ which stabilizes the catheter ([0028] and [0029]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to use a stabilizing member with an anchor as White et al. teach it is beneficial for stabilizing the catheter.
This is a provisional nonstatutory double patenting rejection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMILY L SCHMIDT whose telephone number is (571)270-3648. The examiner can normally be reached Monday through Thursday 7:00 AM to 4:30 PM.
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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.
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/EMILY L SCHMIDT/ Primary Examiner, Art Unit 3783