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 Objections
Claim 14 is objected to because of the following informalities: on line 2, Applicant requires “a proximal end there to the catheter adapter”, which seems grammatically incorrect. It is treated as “thereof” instead of “there”. Appropriate correction is required.
Election/Restrictions
Applicant's election with traverse of the species in fig 2 (claims 1-7, 10, 11 and 14-20) in the reply filed on 6/19/2026 is acknowledged. The traversal is on the ground(s) that a search for one of the embodiments would necessarily produce results applicable to the other species, since all species relate to a catheter assembly. This is not found persuasive because a catheter assembly comprises a wide range of structures and even though Applicant’s different embodiments share some similar structures, the mutually exclusive features, which result in different modes of operation, cause a serious search burden as searching one group is not likely to result in finding art pertinent to the other inventions.
The requirement is still deemed proper and is therefore made FINAL.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 16-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Starting in claim 16, Applicant requires the connector to comprise a distal port coupled to the distal end of the first fluid connector. It is unclear how the device could be arranged as such. In claim 1, Applicant requires the first fluid conduit having a proximal end coupled to the side port and a distal end. Applicant discloses fluid conduits 24 and 34 in the specification, and one of ordinary skill in the art would appreciate that 58 could also be a fluid conduit. The language of claim 1 eliminates 24 as being considered the fluid conduit as its distal end is coupled to the side port, not the proximal. It is unclear how the limitation in claim 16, requiring the connection comprising a distal port coupled to the distal end of the first fluid conduit, would be arranged as the connector (disclosed as 30 by Applicant) shows no distal end of any fluid conduit coupled to either of its distal ports. Rather, fig 2 shows the proximal end of both fluids conduits 24 and 34 connected to its two distal ports.
Related to above, if Applicant was to change the “the distal end of the first fluid conduit” to “the proximal end of the first fluid conduit” to fix claim 16, problems would arise in claim 18, as 34 would be the only structure that could be the first fluid conduit and it would be unclear what structure would be the second fluid conduit as neither 24 nor 58 would meet all the limitations.
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, 10, 11, 14 and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by White et al (US 2020/0289791).
Regarding claim 1, White discloses a catheter assembly comprising: a catheter adapter (figs 1A and 2) comprising: a distal end (end with 140 connected); a proximal end (end with 170, see fig 2); a lumen 124 extending between the distal end and the proximal end; and a side port arranged between the distal end and the proximal end, the side port in fluid communication with the lumen (fig 2, segment off of 124 that leads to 140); a catheter 122 secured to the distal end of the catheter adapter and extending distally from the catheter adapter; a first fluid conduit 140 having a proximal end coupled to the side port and a distal end (fig 1A), the first fluid conduit in fluid communication with the side port (fig 1A); and an elongated arm 140’ configured to extend distally away from the catheter adapter.
Regarding claim 10, further comprising an anchor configured to reversibly couple to the patient (wings of 120 via tape; and/or 130 via tape).
Regarding claim 11, wherein the anchor is coupled to the elongated arm (fig 1A).
Regarding claim 14, wherein the first fluid conduit is connected at a proximal end there(of) to the catheter adapter, and wherein the first fluid conduit is configured to extend proximally from the catheter adapter (fig 3).
Regarding claim 15, further comprising a connector 130 arranged at the distal end of the first fluid conduit (fig 1A).
Allowable Subject Matter
Claims 2-7 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.
The examiner did not find a teaching or suggestion for modifying closest art White such that it further comprises a second elongated arm coupled to the catheter adapter and configured to extend distally away from the catheter adapter, in addition to the other limitations. White discloses two similar structures 140/140’ that could be considered elongated arms, but one of said arms is required to be interpreted as the first fluid conduit. As a result, there would be no interpretation that has a catheter, a first fluid conduit, a first elongated arm and a second elongated arm, absent impermissible hindsight.
Claims 16-20 do not have art rejections, but are not indicated as allowable either. Due to the 112 rejection, it is unclear exactly what Applicant intends to capture. A connector located proximally of the catheter adapter connected to the side port by a fluid conduit as shown in fig 2, in addition to the already claimed structures, appears to be allowable, but the specific language requiring such has not yet been properly claimed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRADLEY JAMES OSINSKI whose telephone number is (571)270-3640. The examiner can normally be reached Monday to Thursday 9AM to 5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Tsai can be reached at (571)270-5246. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRADLEY J OSINSKI/Primary Examiner, Art Unit 3783
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