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
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-7 and 9-13 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by US 2020/0016382 to Kang et al.
In the specification and figures, Kang discloses the apparatus as claimed by Applicant With regard to claim 1, Kang discloses a surgical drainage device with a first tubular body 200 with a first lateral surface with a first passage aperture 250a, inside the first tubular body there being a second tubular body 100 with a second passage aperture 110a therein, allowing fluid communication between the bodies (see FIG 4, ¶0036, 0038). The first passage aperture and second passage aperture divide the first tubular body 210 and second tubular body 110 into two respective oblong portions (see area 200 in FIG 4) and first 210 and second 110 terminal portions. In a first operating configuration, second terminal portion 110 is outside first tubular body 200, forming a T shape with the first terminal portion 210 (see FIG 4). In a second operating configuration, tube 100 is within tube 200 and the first passage aperture 250 a is not engaged by a second body (see FIGS 8, 9, and accompanying text).
With regard to claims 2-3, 11, Kang illustrates that the tubular bodies 200, 100 are discrete components and that the second tubular body 100 slides within first tubular body 200 such that the second terminal portion 110 protrudes past first passage aperture 250a, branching from the first terminal portion 210 (see FIG 4).
With regard to claims 4, 5, 9, 12, 13, Kang illustrates that first operating configuration (FIG 4) creates a bulk larger than the second operating configuration, wherein second tube 100 is coaxially inside first tube 200, which has a slightly larger diameter than second tube 100 (FIG 9).
With regard to claims 6 and 7, Kang illustrates that in the first operating configuration, the first and second passage apertures 250a, 110a, are aligned with and opposite each other (see FIG 4), and that the passage gap substantially equal to an external diameter of second tube 100 (see FIGS 6, 9).
With regard to claim 10, the placement of the device does not add patentably distinct limitations over the Kang reference, and so is anticipated by Kang.
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 8 is rejected under 35 U.S.C. 103 as being unpatentable over US 2020/0016382 to Kang et al.
In the specification and figures, Kang discloses the apparatus substantially as claimed by Applicant. With regard to claim 8, Kang illustrates that the lengths of the terminal portions 210, 110 of the tubes are roughly the same length, but does not illustrate that the second oblong segment has a greater length than the first oblong segment 200. However, it has been held that where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. See MPEP 2144.04(IV)(B). In the instant case, the length of the oblong segments relative to one another do not affect the function of the device disclosed by Kang, rendering the instant claim unpatentable over the prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 5,380,290 Makower et al
Multiple tube paths from single vessel
US 2005/0075647 Walters et al
Drainage tool
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LESLIE R DEAK whose telephone number is (571)272-4943. The examiner can normally be reached Monday-Friday, 9am to 5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sarah Al-Hashimi can be reached at 571-272-7159. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LESLIE R DEAK/Primary Examiner, Art Unit 3799 15 December 2025