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 .
Election/Restrictions
Applicant’s election without traverse of Group II, claims 19 and 25-36 in the reply filed on 3/26/2026 is acknowledged.
Claims 1, 7-18 and 37 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 3/26/2026.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 2/01/2024, 7/7/2024, 6/06/2025 & 3/26/2026 have been considered by the examiner.
Claim Objections
Claim 19 is objected to because of the following informalities: "at least some of the elongate fluid impermeable barrier" in line 16 should read "at least some of the elongated fluid impermeable barrier". Appropriate correction is required.
Claim 27 is objected to because of the following informalities: "with an inlet of proximate to the distal end region" in line 3 should read "with an inlet . Appropriate correction is required.
Claim 27 is objected to because of the following informalities: the fluid impermeable barrier" in line. Appropriate correction is required.
Claim 2 objected to because of the following informalities: the fluid impermeable barrier" in line. Appropriate correction is required.
Claim 30 objected to because of the following informalities: the fluid impermeable barrier" in line. Appropriate correction is required.
Claim 32 is objected to because of the following informalities: "portions of the body" in line 4 should read "portions of the . Appropriate correction is required.
Claim 34 objected to because of the following informalities: the fluid impermeable barrier" in line. Appropriate correction is required.
Claim 3 objected to because of the following informalities: ". Appropriate correction is required.
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.
Claim 27 is 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.
Claim 27 recites the limitation "positioning a conduit to extend into the chamber at least partially the elongated fluid permeable body" in lines 1-2. This limitation is unclear; does the conduit extend into the chamber around the elongated fluid permeable body? Does it extend within the elongated fluid permeable body? Hence, the scope of the limitation is unclear and is indefinite.
Allowable Subject Matter
Claims 19, 25-26, 28-35 and 38 are allowed.
The following is an examiner’s statement of reasons for allowance: Claim 19 is allowable for requiring:
“…providing an elongated fluid permeable body;
providing an elongated fluid impermeable barrier having a distal end region and a proximal end region;
heat shrinking the elongated fluid impermeable barrier around at least a portion of the elongated fluid permeable body with a first portion of the elongated fluid impermeable barrier at least partially defining a chamber, a section of the elongated fluid permeable body in fluid communication with the chamber and positioned on the fluid collection device to receive urine discharged from a urethra at least proximate to the section, such that the section of the elongated fluid permeable body protrudes outward away from the at least some of the elongate[d] fluid impermeable barrier.”.
The closest prior art, Sanchez (US 2016/0374848 A1), discloses a method of manufacturing a fluid collection device, comprising: with at least one of injection molding (e.g. paragraph 0066), (optional features: welding, or heat shrinking), forming an elongated fluid impermeable barrier (150 in Figure 1) having a distal end region and a proximal end region at least partially defining a chamber, an opening in fluid communication with the chamber and positioned on the fluid collection device to receive urine discharged from a urethra at least proximate to the opening, and an aperture sized and dimensioned to have urine drawn therethrough by a vacuum source (170 in Figures 1 and 32); and positioning an elongated body (130, 140) that is at least partially fluid permeable at least partially within the chamber and extending at least partially across the opening (Figures 1 and 32).
Another prior art, Glithero (US 2021/0228400 A1), discloses a method to collect fluid, the method comprising: positioning an opening of a fluid collection device adjacent to a female urethra or around a male urethra, the opening defined by a fluid impermeable barrier of the fluid collection device; receiving fluid from the female urethra or the male urethra into a chamber of the fluid collection device, the chamber of the fluid collection device at least partially defined by the fluid impermeable barrier; and applying suction with a portable vacuum source effective to suction the fluid from the chamber via a conduit disposed therein and in fluid communication with the portable vacuum source.
However, the prior art alone or in combination, fails to teach or suggest heat shrinking the elongated fluid impermeable barrier around at least a portion of the elongated fluid permeable body with a first portion of the elongated fluid impermeable barrier at least partially defining a chamber, a section of the elongated fluid permeable body in fluid communication with the chamber and positioned on the fluid collection device to receive urine discharged from a urethra at least proximate to the section, such that the section of the elongated fluid permeable body protrudes outward away from the at least some of the elongate[d] fluid impermeable barrier.
Claims 25-26, 28-36 and 38 are allowable at least for depending on claim 19.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Virak Nguon whose telephone number is (571)272-4196. The examiner can normally be reached Monday-Thursday (and alternate Fridays) 7:30-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alison L Hindenlang can be reached at 571-270-7001. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/VIRAK NGUON/Examiner, Art Unit 1741 5/13/2026
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