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 .
Response to Amendment
The Amendment filed 7/13/2026 has been entered. Claims 1-10, 17-19 and 34-40 remain pending in the application. Applicant’s amendments to the Specification and Claims have overcome each and every objection previously set forth in the Non-Final Office Action mailed 4/21/2026.
The specification was received on 7/13/2026. This specification is acceptable.
Claim Objections
Claims 2, 3 and 34 are objected to because of the following informalities:
Regarding claim 2, line 1, the recitation “each lock tab” appears to be amended to recite “each lock tab of the plurality of lock tabs” in order to clear refer to lock tab of the plurality of lock tabs.
Regarding claim 3, line 1, the recitation “each lock tab” appears to be amended to recite “each lock tab of the plurality of lock tabs” in order to clear refer to lock tab of the plurality of lock tabs.
Regarding claim 34, line 14, the recitation “each lock tab” appears to be amended to recite “each lock tab of the plurality of lock tabs” in order to clear refer to lock tab of the plurality of lock tabs.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
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 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.
Claims 1-3, 5, 6, 7, 17-19, 34 and 36-40 are rejected under 35 U.S.C. 103 as being unpatentable over Wright et al. (US 2007/0219500 A1) in view of Byrd (US 5,501,216).
Regarding claim 1, Wright discloses a catheter securement device 20 (figure 2) for use with a catheter assembly (assembly formed by element 30 and 32), the catheter securement device 20 comprising:
a base (integrated structure formed by elements 162 and 26) configured to be removably secured to a skin of a user (paragraph 0067, lines 8-17), wherein the base (integrated structure formed by elements 162 and 26) comprises a first major surface (surface of element 162 and 26 facing towards element 32) and a second major surface (surface of element 162 facing towards patient’s skin) opposite to the first major surface, wherein the first major surface is configured to at least partially receive the catheter assembly 30, 32 thereon, and wherein the second major surface is configured to face the skin of the user (paragraph 0067, lines 8-17);
a plurality of lock tabs 52 fixedly attached to the base 162, 26 and extending from the first major surface (surface of elements 162 and 26 facing towards element 32) of the base, wherein the plurality of lock tabs 52 are spaced apart from each other (see figure 2); and
a housing 28 configured to be placed (see figure 9) on the first major surface of the base 162, 26, such that the housing 28 and the first major surface of the base at least partially enclose the catheter assembly 30, 32 (see figure 9) therebetween, wherein the housing 28 comprises a plurality of lock handles 70, and wherein each lock handle from the plurality of lock handles defines an aperture 70 therethrough;
wherein each lock tab 52 of the plurality of lock tabs is configured to be received through the aperture 70 of a corresponding lock handle from the plurality of lock handles but is silent regarding wherein, upon being received through the aperture of the corresponding lock handle, each lock tab is configured to be detachably attached to the first major surface of the base, such that the housing is removably secured to the base.
However, Byrd teaches a design of a catheter securement device (figure 1) comprising lock tab 28 (figure 2A) attached on the base 40 wherein, upon being received through the aperture 54 (figure 2A) of the corresponding lock handle 18, each lock tab 28 is configured to be detachably attached to the first major surface 60 of the base 40 such that the housing 18 is removably secured to the base 40 for the purpose of using a well-known alternative configuration to securely attach the base to the housing (column 4, lines 55-61).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art, before the effective filing of the claimed invention to modify the plurality of lock tab of Wright to incorporate wherein, upon being received through the aperture of the corresponding lock handle, each lock tab is configured to be detachably attached to the first major surface of the base, such that the housing is removably secured to the base as taught by Byrd for the purpose of using a well-known alternative configuration to securely attach the base to the housing (column 4, lines 55-61).
Regarding claim 2, Wright is silent regarding wherein each lock tab comprises a lock adhesive layer configured to detachably attach a corresponding lock tab from the plurality of lock tabs to the first major surface of the base.
However, Byrd teaches wherein each lock tab 28 comprises a lock adhesive layer 56 configured to detachably attach a corresponding lock tab 28 from the plurality of lock tabs to the first major surface 60 of the base 40 for the purpose of using a well-known alternative configuration to securely attach the base to the housing (column 4, lines 55-61).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art, before the effective filing of the claimed invention to modify the lock tab of Wright to incorporate each lock tab comprises a lock adhesive layer configured to detachably attach a corresponding lock tab from the plurality of lock tabs to the first major surface of the base as taught by Byrd for the purpose of using a well-known alternative configuration to securely attach the base to the housing (column 4, lines 55-61).
Regarding claim 3, Wright is silent regarding wherein each lock tab further comprises: a proximal end portion fixedly attached to the base; a distal end portion spaced apart from the proximal end portion and free of the lock adhesive layer; and an intermediate portion disposed between the proximal end portion and the distal end portion, wherein the lock adhesive layer is disposed on the intermediate portion.
However, Byrd teaches wherein each lock tab 28 further comprises: a proximal end portion (portion of element 28 opposite to element 64 and not comprising element 56) fixedly attached to the base 40; a distal end portion (portion comprising element 64) spaced apart from the proximal end portion and free of the lock adhesive layer 56; and an intermediate portion (portion occupied by element 58) disposed between the proximal end portion and the distal end portion, wherein the lock adhesive layer 56 is disposed on the intermediate portion (portion occupied by element 58) for the purpose of using a well-known alternative configuration to securely attach the base to the housing (column 4, lines 55-61).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art, before the effective filing of the claimed invention to modify the lock tab of Wright to incorporate wherein each lock tab further comprises: a proximal end portion fixedly attached to the base; a distal end portion spaced apart from the proximal end portion and free of the lock adhesive layer; and an intermediate portion disposed between the proximal end portion and the distal end portion, wherein the lock adhesive layer is disposed on the intermediate portion as taught by Byrd for the purpose of using a well-known alternative configuration to securely attach the base to the housing (column 4, lines 55-61).
Regarding claim 5, Wright discloses wherein the housing 28 further comprises one or more stabilizer lugs 88 configured to engage with the catheter assembly 30, 32 in order to inhibit a movement of the catheter assembly relative to the housing (paragraph 0062, lines 1-3).
Regarding claim 6, Wright discloses wherein the base further comprises at least one of a polymeric film, a polymeric foam, a polymeric hydrocolloid (paragraph 0067, lines 4-5), and a polymeric alginate.
Regarding claim 7, Wright discloses wherein the housing 28 further comprises one or more first openings 83, 85 corresponding to one or more lumens (hollow portion inside elements 30 and 32) of the catheter assembly 30, 32, and wherein each first opening 83, 85 from the one or more first openings is configured to receive a corresponding lumen from the one or more lumens therethrough (see figure 9).
Regarding claim 17, Wright discloses a kit (figure 2) comprising a catheter assembly (assembly formed by element 30 and 32) and a catheter securement device 20 for securing the catheter assembly to a skin of a user, the catheter securement device 20 comprising:
a base (integrated structure formed by elements 162 and 26) configured to be removably secured to a skin of a user (paragraph 0067, lines 8-17), wherein the base (integrated structure formed by elements 162 and 26) comprises a first major surface (surface of element 162 and 26 facing towards element 32) and a second major surface (surface of element 162 facing towards patient’s skin) opposite to the first major surface, wherein the first major surface is configured to at least partially receive the catheter assembly 30, 32 thereon, and wherein the second major surface is configured to face the skin of the user (paragraph 0067, lines 8-17);
a plurality of lock tabs 52 fixedly attached to the base 162, 26 and extending from the first major surface (surface of elements 162 and 26 facing towards element 32) of the base, wherein the plurality of lock tabs 52 are spaced apart from each other (see figure 2); and
a housing 28 configured to be placed (see figure 9) on the first major surface of the base 162, 26, such that the housing 28 and the first major surface of the base at least partially enclose the catheter assembly 30, 32 (see figure 9) therebetween, wherein the housing 28 comprises a plurality of lock handles 70, and wherein each lock handle from the plurality of lock handles defines an aperture 70 therethrough;
wherein each lock tab 52 of the plurality of lock tabs is configured to be received through the aperture 70 of a corresponding lock handle from the plurality of lock handles but is silent regarding wherein, upon being received through the aperture of the corresponding lock handle, each lock tab is configured to be detachably attached to the first major surface of the base, such that the housing is removably secured to the base.
However, Byrd teaches a design of a catheter securement device (figure 1) comprising lock tab 28 (figure 2A) attached on the base 40 wherein, upon being received through the aperture 54 (figure 2A) of the corresponding lock handle 18, each lock tab 28 is configured to be detachably attached to the first major surface 60 of the base 40 such that the housing 18 is removably secured to the base 40 for the purpose of using a well-known alternative configuration to securely attach the base to the housing (column 4, lines 55-61).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art, before the effective filing of the claimed invention to modify the plurality of lock tab of Wright to incorporate wherein, upon being received through the aperture of the corresponding lock handle, each lock tab is configured to be detachably attached to the first major surface of the base, such that the housing is removably secured to the base as taught by Byrd for the purpose of using a well-known alternative configuration to securely attach the base to the housing (column 4, lines 55-61).
Regarding claim 18, Wright is silent regarding wherein each lock tab comprises a lock adhesive layer configured to detachably attach a corresponding lock tab from the plurality of lock tabs to the first major surface of the base.
However, Byrd teaches wherein each lock tab 28 comprises a lock adhesive layer 56 configured to detachably attach a corresponding lock tab 28 from the plurality of lock tabs to the first major surface 60 of the base 40 for the purpose of using a well-known alternative configuration to securely attach the base to the housing (column 4, lines 55-61).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art, before the effective filing of the claimed invention to modify the lock tab of Wright to incorporate each lock tab comprises a lock adhesive layer configured to detachably attach a corresponding lock tab from the plurality of lock tabs to the first major surface of the base as taught by Byrd for the purpose of using a well-known alternative configuration to securely attach the base to the housing (column 4, lines 55-61).
Regarding claim 19, Wright is silent regarding wherein each lock tab further comprises: a proximal end portion fixedly attached to the base; a distal end portion spaced apart from the proximal end portion and free of the lock adhesive layer; and an intermediate portion disposed between the proximal end portion and the distal end portion, wherein the lock adhesive layer is disposed on the intermediate portion.
However, Byrd teaches wherein each lock tab 28 further comprises: a proximal end portion (portion of element 28 opposite to element 64 and not comprising element 56) fixedly attached to the base 40; a distal end portion (portion comprising element 64) spaced apart from the proximal end portion and free of the lock adhesive layer 56; and an intermediate portion (portion occupied by element 58) disposed between the proximal end portion and the distal end portion, wherein the lock adhesive layer 56 is disposed on the intermediate portion (portion occupied by element 58) for the purpose of using a well-known alternative configuration to securely attach the base to the housing (column 4, lines 55-61).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art, before the effective filing of the claimed invention to modify the lock tab of Wright to incorporate wherein each lock tab further comprises: a proximal end portion fixedly attached to the base; a distal end portion spaced apart from the proximal end portion and free of the lock adhesive layer; and an intermediate portion disposed between the proximal end portion and the distal end portion, wherein the lock adhesive layer is disposed on the intermediate portion as taught by Byrd for the purpose of using a well-known alternative configuration to securely attach the base to the housing (column 4, lines 55-61).
Regarding claim 34, Wright discloses a method for use with a catheter assembly (assembly formed by elements 30 and 32), the method comprising:
providing a base (integrated structure formed by elements 162 and 26) comprising a first major surface (surface of element 162 and 26 facing towards element 32) and a second major surface (surface of element 162 facing towards patient’s skin) opposite to the first major surface,
providing a plurality of lock tabs 52 fixedly attached to the base 162, 26 and extending from the first major surface (surface of elements 162 and 26 facing towards element 32) of the base,
providing a housing 28 comprising a plurality of lock handles 70, wherein each lock handle from the plurality of lock handles defines an aperture 70 therethrough; disposing at least partially the catheter assembly on a skin of a user (paragraph 0067, lines 8-17, see figure 9);
placing the base 162, 26 underneath the catheter assembly, such that the first major surface of the base at least partially receives the catheter assembly (see figure 9) thereon and the second major surface faces the skin of the user (paragraph 0067, lines 8-17),
detachably (paragraph 0067, lines 8-17, base could be detached after use) securing the base 162, 26 to the skin of the user, such that the second major surface faces the skin of the user;
slidably (attachment of element 70 with element 52 involves sliding between elements 70 and 52) receiving the housing 28 on the plurality of lock tabs 52, such that each lock tab 52 is received through the aperture of a corresponding lock handle from the plurality of lock handles;
disposing the housing 28 on the first major surface of the base 162, 26, such that the catheter assembly is at least partially enclosed between the first major surface of the base and the housing (see figure 9) but is silent regarding detachably attaching the plurality of lock tabs to the first major surface of the base, such that the housing is detachably secured to the base.
However, Byrd teaches a method of using a catheter securement device (figure 1) comprising lock tab 28 (figure 2A) attached on the base 40 detachably attaching the plurality of lock tabs 28 to the first major surface 60 of the base 40 (see figure 2D), such that the housing is detachably secured to the base 40 for the purpose of using a well-known alternative configuration to securely attach the base to the housing (column 4, lines 55-61).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art, before the effective filing of the claimed invention to modify the method and the plurality of lock tab of Wright to incorporate detachably attaching the plurality of lock tabs to the first major surface of the base, such that the housing is detachably secured to the base as taught by Byrd for the purpose of using a well-known alternative configuration to securely attach the base to the housing (column 4, lines 55-61).
Regarding claim 36, Wright discloses wherein placing the base 162, 26 underneath the catheter assembly 30, 32 further comprises receiving a catheter hub 32 of the catheter assembly on the first major surface (surface of element 162 and 26 facing towards element 32) of the base 162, 26.
Regarding claim 37, Wright is silent regarding wherein the plurality of lock tabs is detachably attached to the first major surface of the base by a plurality of corresponding lock adhesive layers.
However, Byrd teaches lock tab 28 is detachably attached to the first major surface 60 of the base 40 by corresponding lock adhesive layer 56 for the purpose of using a well-known alternative configuration to securely attach the base to the housing (column 4, lines 55-61).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art to modify the plurality of lock tabs of Wright to incorporate wherein the lock tab is detachably attached to the first major surface of the base by corresponding lock adhesive layer as taught by Byrd for the purpose of using a well-known alternative configuration to securely attach the base to the housing (column 4, lines 55-61).
Wright modified in view of Byrd will result in having wherein the plurality of lock tabs is detachably attached to the first major surface of the base by a plurality of corresponding lock adhesive layers.
Regarding claim 38, Wright discloses detaching the housing from the base (paragraph 0066) but is silent regarding further comprising detaching the plurality of lock tabs from the first major surface of the housing by gripping corresponding adhesive-free end portions of the plurality of lock tabs.
However, Byrd teaches further comprising detaching the plurality of lock tabs 28 from the first major surface of the housing 40 by gripping corresponding adhesive-free end portions 64 of the plurality of lock tabs 28 (column 5, lines 5-11) for the purpose of using a well-known alternative configuration of securely attaching or detaching the base to the housing (column 4, lines 55-61).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art, before the effective filing of the claimed invention to modify the method of Wright to incorporate further comprising detaching the plurality of lock tabs from the first major surface of the housing by gripping corresponding adhesive-free end portions of the plurality of lock tabs as taught by Byrd for the purpose of using a well-known alternative configuration of securely attaching or detaching the base to the housing (column 4, lines 55-61).
Regarding claim 39, Wright discloses further comprising engaging one or more stabilizer lugs 88 with the catheter assembly 30, 32 in order to inhibit a movement of the catheter assembly relative to the housing (paragraph 0062, lines 1-3).
Regarding claim 40, Wright discloses further comprising receiving one or more lumens (hollow portion inside elements 30 and 32) of the catheter assembly 30, 32, through corresponding one or more first openings 83, 85 in the housing 28 (see figure 9).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Wright et al. (US 2007/0219500 A1) in view of Byrd (US 5,501,216) and further in view of Hatanaka et al. (US 2011/0098622 A1).
Regarding claim 4, Wright/Byrd (hereinafter referred as “modified Wright”) discloses the claimed invention substantially as claimed, as set forth above in claims 1 and 2. Modified Wright is silent regarding wherein the lock adhesive layer comprises a pressure-sensitive adhesive.
However, Hatanaka teaches a design of an adhesive tape comprising a pressure-sensitive adhesive (paragraph 0006) for the purpose of reducing wrinkle generation when applying to a surface and to use well-known alternative adhesive form (paragraph 0006).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art to modify the lock adhesive layer of modified Wright to incorporate wherein the lock adhesive layer comprises a pressure-sensitive adhesive as taught by Hatanaka for the purpose of reducing wrinkle generation when applying to a surface and to use well-known alternative adhesive form (paragraph 0006).
Claims 8 and 35 are rejected under 35 U.S.C. 103 as being unpatentable over Wright et al. (US 2007/0219500 A1) in view of Byrd (US 5,501,216) and further in view of Navarro et al. (US 2007/0043326 A1).
Regarding claim 8, modified Wright discloses the claimed invention substantially as claimed, as set forth above in claim 1. Modified Wright is silent regarding wherein the housing further comprises a second opening configured to receive a cannula of the catheter assembly therethrough.
However, Navarro teaches a catheter securement device (figure 1) wherein the housing 6 further comprises a second opening 16 configured to receive a cannula 4 of the catheter assembly therethrough for the purpose of organizing different catheter of the catheter assembly (paragraph 0059, lines 5-10).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art, before the effective filing of the claimed invention to modify the housing of modified Wright to incorporate wherein the housing further comprises a second opening configured to receive a cannula of the catheter assembly therethrough as taught by Navarro for the purpose of organizing different catheter of the catheter assembly (paragraph 0059, lines 5-10).
Regarding claim 35, modified Wright discloses the claimed invention substantially as claimed, as set forth above in claim 34. While Wright does disclose wherein disposing at least partially the catheter assembly on the skin of the user further comprises inserting a cannula 30 of the catheter assembly (see figure 2), Wright does not explicitly recite inserting a cannula of the catheter assembly into an injection site. However, one can construe that Wright is implicitly disclosing inserting a cannula of the catheter assembly into an injection site because Wright discloses the use of catheter assembly to inject medications into the blood vessel in the background as disclosed in paragraph 0004.
Additionally, Navarro teaches inserting a cannula 1 (figure 5) of the catheter assembly into an injection site (see figure 5, paragraph 0081) for the purpose of performing necessary medical procedures such as delivery of the medication (paragraph 0003).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art, before the effective filing of the claimed invention to modify the method of modified Wright to incorporate inserting a cannula of the catheter assembly into an injection site as taught by Navarro for the purpose of performing necessary medical procedures such as delivery of the medication (paragraph 0003).
Claims 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Wright et al. (US 2007/0219500 A1) in view of Byrd (US 5,501,216) in view of Navarro et al. (US 2007/0043326 A1) and further in view of Mera (US 4,898,587).
Regarding claim 9, modified Wright/Navarro (hereinafter referred as “modified Wright ‘00”) discloses the claimed invention substantially as claimed, as set forth above in claim 8. Modified Wright ’00 is silent regarding wherein the base further defines a slit extending from a perimeter of the base and a through hole at an end of the slit distal to the perimeter of the base, wherein the through hole is configured to receive the cannula of the catheter assembly therethrough.
However, Mera teaches a design of a catheter securement device (figure 6) wherein the base 12 further defines a slit (see “S” in figure 6 below) extending from a perimeter of the base 12 and a through hole (see “H” in figure 6 below) at an end of the slit distal to the perimeter of the base, wherein the through hole (see “H” in figure 6 below) is configured to receive the cannula (see “C” in figure 6 below) of the catheter assembly therethrough for the purpose of using an alternative configuration to stabilize and securely hold the medical device in place at the insertion site (column 3, lines 44-48).
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Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing of the claimed invention to modify the base of modified Wright ’00 to incorporate wherein the base further defines a slit extending from a perimeter of the base and a through hole at an end of the slit distal to the perimeter of the base, wherein the through hole is configured to receive the cannula of the catheter assembly therethrough as taught by Mera for the purpose of using an alternative configuration to stabilize and securely hold the medical device in place at the insertion site (column 3, lines 44-48).
Regarding claim 10, modified Wright ’00 discloses the claimed invention substantially as claimed, as set forth above in claim 9. Modified Wright ’00 is silent regarding further comprising a closure tab fixedly attached to the base and extending from the first major surface of the base, wherein the closure tab is configured to be detachably attached to the first major surface of the base in order to at least partially cover and close the slit.
However, Mera teaches further comprising a closure tab 16 fixedly attached to the base 12 and extending from the first major surface 30 of the base 12, wherein the closure tab 16 (by appropriate positioning of element 16, element 16 is configured to at least partially cover and close the slit) is configured to be detachably attached to the first major surface of the base in order to at least partially cover and close the slit for the purpose of using an alternative configuration to stabilize and securely hold the medical device in place at the insertion site (column 3, lines 44-48).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art, to modify the base of modified Wright ’00 to incorporate further comprising a closure tab fixedly attached to the base and extending from the first major surface of the base, wherein the closure tab is configured to be detachably attached to the first major surface of the base in order to at least partially cover and close the slit as taught by Mera for the purpose of using an alternative configuration to stabilize and securely hold the medical device in place at the insertion site (column 3, lines 44-48).
Response to Arguments
Applicant's arguments filed 7/13/2026 have been fully considered but they are not persuasive.
Applicant argues on page 12, line 1-11 that Wright’s cover may be connected to the base by a hinge and pushed down into a closed position wherein latching elements could be squeezed to hold the cover onto the base. Therefore, applicant concludes that Wright’s closure arrangement is based on a hinged cover and latching elements of the base and not on lock tabs fixedly attached to a base that are received through the apertures of the corresponding lock handles on a housing. Examiner respectively disagrees. Examiner has identified housing as element 28, base as elements 26 and 162 together and lock tabs as element 52. Element 52 is present on element 26. Therefore, lock tabs could be construed as being fixedly attached to a base as claimed. Furthermore, even though one part of element 28 is connected to element 26 by hinge connection, other part of element 28 is detachably connected to the base via element 52. The claim does not require any further structural details of the lock tabs that would prevent examiner from equating element 52 as being claimed lock tabs. Therefore, the rejection is proper.
Applicant argues on page 13, lines 1-8 that Wright’s latch holes are not same as claimed apertures and Wright does not disclose a plurality of lock handles. Examiner respectfully disagrees. The claim does not describe any specific structure of the apertures. Wright further discloses at least two elements 70 for attaching to element 52. Therefore, Wright discloses the claimed apertures.
Applicant further argues on page 13, lines 9-16 that Wright does not teach or suggest the claimed arrangement in which the housing is removably secured to the base by the lock tabs because Wright’s cover is connected to the base by a hinge and held closed by latch elements. Examiner respectfully disagrees. The claim does not require the cover to be completely detached when detached from the lock tabs. Thus, Wright’s cover detachment from one side meets the claimed limitation.
Applicant further argues on page 14, line 1-page 15, line 2 that the combination of Wright in view of Byrd will require redesigning Wright’s cover, base, latch elements and closure operation. Applicant further argues on page 15, lines 3-7 that Office Action does not explain why a person of ordinary skill in the art would be motivated to modify Wright so that the housing includes a plurality of lock handles defining apertures so that the lock tabs fixed to the base are received through the apertures. Therefore, applicant requests to withdraw the rejection. Examiner respectfully disagrees. Since examiner has presented 103 rejection, some modification in Wright’s device is bound to happen. However, such modification will still keep the prior art satisfactory for its intended purpose and would not change the principle of operation. Additionally, according to MPEP 2144.06(II), it is well known to substitute equivalents known for the same purpose. Therefore, examiner has proposed the modification to substitute the equivalents known for the same purpose i.e. detachably holding the cover to the base. Thus rejection is proper.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NILAY J SHAH whose telephone number is (571)272-9689. The examiner can normally be reached Monday-Thursday 8:00 AM-4:30 PM EST.
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/NILAY J SHAH/Primary Examiner, Art Unit 3783
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