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 on 3/10/2026 has been entered. Claims 1-20 are pending in the application. The amendments to the claims overcome each and every objection and 112(b) rejection previously set forth in the Non-Final Office Action mailed on 12/10/2025.
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, 6-8, 13-14,16, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Durham (US 2014/0114259 A1) in view of Breitweiser et al. (US 2020/0282135 A1).
Regarding claim 1, Durham discloses a bolus feed delivery system for enteral feeding (see Figs. 4-9, par. [0002], [0013], [0019]) comprising:
a reusable nutrition container (feeding syringe, see par. [0029]) including a volume configured to hold a source of nutrition (see par. [0029], [0032], [0034]);
a nutrition adapter (feeding syringe interface 610) to engage the reusable nutrition container (see par. [0029], [0032], [0034]);
a tube (extension tube 410) coupled to the nutrition adapter (feeding syringe interface 610) (see Figs. 6 and 8-9, par. [0027], [0029]); and
a feeding tube adapter (connector 420) coupled to the tube (extension tube 410) and including a stem (distal end 421 and middle section 426) sized to be received in a receiving port (feeding port 220) of an indwelling feeding tube (gastric feeding tube 200) (see Figs. 2-5 and 9, par. [0025]-[0028]),
wherein the nutrition adapter (feeding syringe interface 610), the tube (extension tube 410), and the feeding tube adapter (connector 420) are formed as one piece (see Figs. 6 and 8, par. [0027], [0029]).
While Durham states that the nutrition adapter (feeding syringe interface 610) may be configured to receive and fluidly couple to the reusable nutrition container (feeding syringe, see par. [0029]) (see par. [0029], [0032], [0034]), Durham fails to expressly state how exactly the reusable nutrition container (feeding syringe, see par. [0029]) and the nutrition adapter (feeding syringe interface 610) connect to each other. Specifically, Durham fails to state the reusable nutrition container including a rigid container connector defining external threads; and the nutrition adapter including a collar including internal threads sized to directly engage the external threads of the rigid container connector.
Breitweiser teaches a bolus feed delivery system (see Figs. 1 and 7-9, par. [0036]) comprising a reusable nutrition container (syringe 14) including a rigid container connector (female tip 24) defining external threads (external thread 26) (see Figs. 1 and 7-8, par. [0039], [0041]-[0042], [0045]-[0046]); and the nutrition adapter (syringe connector 30) including a collar (outer skirt 44) including internal threads (internal thread 46) sized to directly engage the external threads (external thread 26) of the rigid container connector (female tip 24) (see Figs. 1 and 9, par. [0046]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the bolus feed delivery system of Durham to include that the reusable nutrition container includes a rigid container connector defining external threads; and the nutrition adapter includes a collar including internal threads sized to directly engage the external threads of the rigid container connector, as taught by Breitweiser, in order to provide the structure for the nutrition adapter to receive and fluidly connect to the reusable nutrition container (see Durham par. [0029], Breitweiser par. [0046]).
Regarding claim 2, modified Durham teaches the bolus feed delivery system of claim 1 substantially as claimed. Durham further teaches wherein the feeding tube adapter (connector 420) includes a feeding tube adapter body (proximal end 424 and lip 427) arranged parallel to the tube (extension tube 410), and wherein the stem (distal end 421 and middle section 426) is arranged at an angle of about 165 degrees to about 195 degrees relative to the feeding tube adapter body (proximal end 424 and lip 427) (see Fig. 4, par. [0027], the distal end 421 and middle section 426 are arranged at 180 degrees relative to the proximal end 424 and lip 427).
Regarding claim 3, modified Durham teaches the bolus feed delivery system of claim 2 substantially as claimed. Durham further teaches wherein the angle is about 180 degrees (see Fig. 4, par. [0027], the distal end 421 and middle section 426 are arranged at 180 degrees relative to the proximal end 424 and lip 427).
Regarding claim 6, modified Durham teaches the bolus feed delivery system of claim 1 substantially as claimed. Durham further teaches wherein the feeding tube adapter (connector 420) comprises a male coupling configured to be received within a female coupling of the receiving port (feeding port 220), wherein the male coupling comprises at least one rib (plurality of conical ridges 422) protruding from an external surface of the stem (distal end 421 and middle section 426) (see Figs. 4-5, par. [0027]-[0028]).
Regarding claim 7, modified Durham teaches the bolus feed delivery system of claim 1 substantially as claimed. Durham further teaches a flow controller (adjustable tube clamp 630) (see Figs. 6 and 8, par. [0029], [0034]).
Regarding claim 8, modified Durham teaches the bolus feed delivery system of claim 7 substantially as claimed. Durham further teaches wherein the flow controller (adjustable tube clamp 630) comprises a clamp comprising an aperture (see Figs. 6 and 8), wherein the tube (extension tube 410) extends through the aperture (see Figs. 6 and 8), further wherein the clamp is configured to restrict flow of fluid through the tube (extension tube 410) (see Figs. 6 and 8, par. [0029], [0034]).
Regarding claim 13, Durham discloses a kit for delivery of a bolus feed via enteral feeding (see Figs. 4-9, par. [0002], [0013], [0019], [0032]), the kit comprising:
a reusable nutrition container (feeding syringe, see par. [0029]) including a volume configured to hold a source of nutrition (see par. [0029], [0032], [0034]);
a bolus feed extension set (see Figs. 6 and 8) comprising:
a nutrition adapter (feeding syringe interface 610) to engage the reusable nutrition container (see par. [0029], [0032], [0034]);
a tube (extension tube 410) coupled to the nutrition adapter (feeding syringe interface 610) (see Figs. 6 and 8-9, par. [0027], [0029]); and
a feeding tube adapter (connector 420) coupled to the tube (extension tube 410) and including a stem (distal end 421 and middle section 426) sized to be received in a receiving port (feeding port 220) of an indwelling feeding tube (gastric feeding tube 200) (see Figs. 2-5 and 9, par. [0025]-[0028]),
wherein the nutrition adapter (feeding syringe interface 610), the tube (extension tube 410), and the feeding tube adapter (connector 420) are formed as one piece (see Figs. 6 and 8, par. [0027], [0029]); and
a support (catheter securement device 700 and shirt 920) engaging the reusable nutrition container (feeding syringe, see par. [0029]) in a position vertically above the receiving port (feeding port 220) to enable gravity feeding (see Fig. 9, par. [0029]-[0034], the catheter securement device 700 and shirt 920 with collar 922 ensure that the feeding syringe is held vertically above the feeding port 220 such that gravity feeding would be possible).
While Durham states that the nutrition adapter (feeding syringe interface 610) may be configured to receive and fluidly couple to the reusable nutrition container (feeding syringe, see par. [0029]) (see par. [0029], [0032], [0034]), Durham fails to expressly state how exactly the reusable nutrition container (feeding syringe, see par. [0029]) and the nutrition adapter (feeding syringe interface 610) connect to each other. Specifically, Durham fails to state the reusable nutrition container including a container connection; and the nutrition adapter including a collar configured to directly couple to the container connection.
Breitweiser teaches a bolus feed delivery system (see Figs. 1 and 7-9, par. [0036]) comprising a reusable nutrition container (syringe 14) including a container connection (female tip 24) (see Figs. 1 and 7-8, par. [0039], [0041]-[0042], [0045]-[0046]); and the nutrition adapter (syringe connector 30) including a collar (outer skirt 44) configured to directly couple to the container connection (female tip 24) (see Figs. 1 and 9, par. [0046]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the bolus feed delivery system of Durham to include that the reusable nutrition container includes a container connection; and the nutrition adapter includes a collar configured to directly couple to the container connection, as taught by Breitweiser, in order to provide the structure for the nutrition adapter to receive and fluidly connect to the reusable nutrition container (see Durham par. [0029], Breitweiser par. [0046]).
Regarding claim 14, modified Durham teaches the kit of claim 13 substantially as claimed. Durham further teaches wherein the feeding tube adapter (connector 420) includes a feeding tube adapter body (proximal end 424 and lip 427) arranged parallel to the tube (extension tube 410), and wherein the stem (distal end 421 and middle section 426) is arranged at an angle of about 165 degrees to about 195 degrees relative to the feeding tube adapter body (proximal end 424 and lip 427) (see Fig. 4, par. [0027], the distal end 421 and middle section 426 are arranged at 180 degrees relative to the proximal end 424 and lip 427).
Regarding claim 16, modified Durham teaches the kit of claim 13 substantially as claimed. Durham further teaches wherein the feeding tube adapter (connector 420) comprises a male coupling configured to be received within a female coupling of the receiving port (feeding port 220), wherein the male coupling comprises at least one rib (plurality of conical ridges 422) protruding from an external surface of the stem (distal end 421 and middle section 426) (see Figs. 4-5, par. [0027]-[0028]).
Regarding claim 19, modified Durham teaches the kit of claim 13 substantially as claimed. Durham further teaches wherein the support (catheter securement device 700 and shirt 920) comprises a garment to be worn by a patient (see Fig. 9, par. [0029]-[0034], the catheter securement device 700 and shirt 920 are worn by the patient).
Regarding claim 20, Durham discloses a method for delivering a bolus feed to a patient (see Figs. 4-9, par. [0002], [0013], [0019]), the method comprising:
providing a reusable nutrition container (feeding syringe, see par. [0029]) including a volume configured to hold a source of nutrition (see par. [0029], [0032], [0034]);
providing a bolus feed delivery system for enteral feeding (see Figs. 6 and 8) comprising:
a nutrition adapter (feeding syringe interface 610) to engage the reusable nutrition container (see par. [0029], [0032], [0034]);
a tube (extension tube 410) coupled to the nutrition adapter (feeding syringe interface 610) (see Figs. 6 and 8-9, par. [0027], [0029]); and
a feeding tube adapter (connector 420) coupled to the tube (extension tube 410) and including a stem (distal end 421 and middle section 426) sized to be received in a receiving port (feeding port 220) of an indwelling feeding tube (gastric feeding tube 200) (see Figs. 2-5 and 9, par. [0025]-[0028]),
wherein the nutrition adapter (feeding syringe interface 610), the tube (extension tube 410), and the feeding tube adapter (connector 420) are formed as one piece (see Figs. 6 and 8, par. [0027], [0029]);
connecting the nutrition adapter (feeding syringe interface 610) to the reusable nutrition container (feeding syringe, see par. [0029]) (see par. [0029], [0032], [0034]);
inserting the stem (distal end 421 and middle section 426) of the feeding tube adapter (connector 420) into the receiving port (feeding port 220) (see Figs. 2-5 and 9, par. [0025]-[0028]); and
delivering the bolus feed to the patient from the reusable nutrition container (feeding syringe, see par. [0029]) through the bolus feed delivery system (see par. [0029], [0033]-[0034]).
While Durham states that the nutrition adapter (feeding syringe interface 610) may be configured to receive and fluidly couple to the reusable nutrition container (feeding syringe, see par. [0029]) (see par. [0029], [0032], [0034]), Durham fails to expressly state how exactly the reusable nutrition container (feeding syringe, see par. [0029]) and the nutrition adapter (feeding syringe interface 610) connect to each other. Specifically, Durham fails to state the reusable nutrition container including a rigid container connector defining external threads; and the nutrition adapter including a collar including internal threads sized to directly engage the external threads of the rigid container connector; and threading the collar of the nutrition adapter to the rigid container connector.
Breitweiser teaches a method for delivering a bolus feed to a patient (see Figs. 1 and 7-9, par. [0036]) comprising a reusable nutrition container (syringe 14) including a rigid container connector (female tip 24) defining external threads (external thread 26) (see Figs. 1 and 7-8, par. [0039], [0041]-[0042], [0045]-[0046]); and the nutrition adapter (syringe connector 30) including a collar (outer skirt 44) including internal threads (internal thread 46) sized to directly engage the external threads (external thread 26) of the rigid container connector (female tip 24) (see Figs. 1 and 9, par. [0046]); and threading the collar (outer skirt 44) of the nutrition adapter (syringe connector 30) to the rigid container connector (female tip 24) (see Figs. 1 and 7-8, par. [0039], [0041]-[0042], [0045]-[0046]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Durham to include that the reusable nutrition container includes a rigid container connector defining external threads; and the nutrition adapter includes a collar including internal threads sized to directly engage the external threads of the rigid container connector; and threading the collar of the nutrition adapter to the rigid container connector, as taught by Breitweiser, in order to provide the structure for the nutrition adapter to receive and fluidly connect to the reusable nutrition container (see Durham par. [0029], Breitweiser par. [0046]).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Durham (US 2014/0114259 A1) in view of Breitweiser et al. (US 2020/0282135 A1), as applied to claim 1 above, further in view of Frederick et al. (US 4,874,365 A).
Regarding claim 4, modified Durham teaches the bolus feed delivery system of claim 1 substantially as claimed. However, modified Durham fails to expressly state a solvent or adhesive bond between the tube and the nutrition adapter.
Frederick teaches a bolus feed delivery system for enteral feeding (see Figs. 1-3, col. 1 lines 14-19, col. 3 lines 49-54) comprising a solvent or adhesive bond between the tube (hollow tube 12) and the nutrition adapter (hollow adapter 16) (see Figs. 1-3, col. 3 lines 49-54, col. 4 lines 12-17).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the bolus feed delivery system of modified Durham to include a solvent or adhesive bond between the tube and the nutrition adapter, as taught by Frederick, as a means to attach the tube to the nutrition adapter (see Frederick col. 3 lines 49-54, col. 4 lines 12-17).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Durham (US 2014/0114259 A1) in view of Breitweiser et al. (US 2020/0282135 A1), as applied to claim 1 above, further in view of Becker (US 2010/0036365 A1).
Regarding claim 5, modified Durham teaches the bolus feed delivery system of claim 1 substantially as claimed. However, modified Durham fails to expressly state a solvent or adhesive bond between the tube and the feeding tube adapter
Becker teaches a bolus feed delivery system for enteral feeding (see Fig. 1, par. [0047]) comprising a solvent or adhesive bond between the tube (flexible connecting tube 3) and the feeding tube adapter (distal connecting piece 5) (see Figs. 1-3, par. [0053]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the bolus feed delivery system of modified Durham to include a solvent or adhesive bond between the tube and the feeding tube adapter, as taught by Becker, as a means to attach the tube to the feeding tube adapter (see Becker par. [0053]).
Claims 9-12 and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Durham (US 2014/0114259 A1) in view of Breitweiser et al. (US 2020/0282135 A1), as applied to claims 1 and 13 above, further in view of Koelper et al. (US 2016/0143815 A1).
Regarding claim 9, modified Durham teaches the bolus feed delivery system of claim 1 substantially as claimed. However, modified Durham fails to expressly state an inline access port attached to the tube.
Koelper teaches a bolus feed delivery system for enteral feeding (see Figs. 1B-2, par. [0023]) comprising an inline access port (connector 144) attached to the tube (tubing 50) (see Figs. 1B-2, par. [0022]-[0023], [0028], [0036]-[0037]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the bolus feed delivery system of modified Durham to include an inline access port attached to the tube, as taught by Koelper, in order to allow additional fluids to be supplied to or removed from the patient (see Koelper par. [0004]-[0005] and [0022]).
Regarding claim 10, modified Durham teaches the bolus feed delivery system of claim 9 substantially as claimed. Modified Durham further teaches wherein the inline access port (Koelper, connector 144) is formed as one piece with the nutrition adapter (Durham, feeding syringe interface 610), the tube (Durham, extension tube 410), and the feeding tube adapter (Durham, connector 420) (see Durham Figs. 6 and 8, Durham par. [0027], [0029]; see Koelper Fig. 2, Koelper par. [0028], connector 144 is formed as a single piece with the connector 104 which is equivalent to the nutrition adapter; see previous modifications in rejection of claim 9 above to incorporate the connector 144 of Koelper into the bolus feed delivery system of modified Durham).
Regarding claim 11, modified Durham teaches the bolus feed delivery system of claim 1 substantially as claimed. Modified Durham further teaches wherein the nutrition adapter (Durham, feeding syringe interface 610) includes: the collar (Breitweiser, outer skirt 44) extending distally from a top deck (Durham, outer cylindrical surface of feeding syringe interface 610) of the nutrition adapter (Durham, feeding syringe 610) (see previous modifications in rejection of claim 1 above, see Breitweiser Fig. 9 and par. [0046], outer skirt 44 extends distally from the outer cylindrical surface of connector body 34); and a first inlet port (Durham, distal opening of feeding syringe interface 610) extending through the top deck (Durham, outer cylindrical surface of feeding syringe interface 610) and in fluid communication with the reusable nutrition container (Durham, feeding syringe, see par. [0029]).
However, modified Durham fails to expressly state that the nutrition adapter includes a second inlet port configured to couple with a secondary fluid source, the second inlet port extending through the top deck of the nutrition adapter and in fluid communication with the first inlet port and the reusable nutrition container; and a tethered cap configured to seal the second inlet port.
Koelper teaches a bolus feed delivery system for enteral feeding (see Figs. 1B-2, par. [0023]) comprising a nutrition adapter (Y-connector 104) comprising a second inlet port (connector 144) configured to couple with a secondary fluid source (see Figs. 1B-2, par. [0022]-[0023], [0028], [0036]-[0037]), the second inlet port (connector 144) extending through the top deck (outer cylindrical surface of Y-connector 104) of the nutrition adapter (Y-connector 104) and in fluid communication with the first inlet port (connector 124) and the reusable container (bag 40) (see Figs. 1B-2, par. [0022]-[0023], [0028], [0036]-[0037]); and a tethered cap (cap 150) configured to seal the second inlet port (connector 144) (see Figs. 1B-3, par. [0036]-[0039]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the bolus feed delivery system of modified Durham to include that the nutrition adapter includes a second inlet port configured to couple with a secondary fluid source, the second inlet port extending through the top deck of the nutrition adapter and in fluid communication with the first inlet port and the reusable nutrition container; and a tethered cap configured to seal the second inlet port, as taught by Koelper, in order to allow additional fluids to be supplied to or removed from the patient (see Koelper par. [0004]-[0005] and [0022]), and to seal the second inlet port to prevent ingress of unwanted materials when not in use (see Koelper par. [0038]).
Regarding claim 12, modified Durham teaches the bolus feed delivery system of claim 9 substantially as claimed. Modified Durham further teaches a second flow controller (adjustable tube clamp 630) positioned on the tube (Durham, extension tube 410) between the inline access port (Koelper, connector 144) and the feeding tube adapter (Durham, connector 420) (see previous modifications in rejection of claim 9 above, see Durham Figs. 6 and 8, Durham par. [0029], [0034]).
However, modified Durham fails to state a first flow controller positioned on the tube between the nutrition adapter and the inline access port.
Koelper teaches a bolus feed delivery system for enteral feeding (see Figs. 1B-2, par. [0023]) comprising a first flow controller (cap 150) positioned on the tube (tubing 50) between the nutrition adapter (Y-connector 104) and the inline access port (connector 144) (see Figs. 1B-3, par. [0022]-[0023], [0028], [0036]-[0039]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the bolus feed delivery system of modified Durham to include a first flow controller positioned on the tube between the nutrition adapter and the inline access port, as taught by Koelper, in order to allow additional fluids to be supplied to or removed from the patient (see Koelper par. [0004]-[0005] and [0022]), and to seal the inline access port to prevent ingress of unwanted materials when not in use (see Koelper par. [0038]).
Regarding claim 17, modified Durham teaches the kit of claim 13 substantially as claimed. Durham further teaches a second flow controller (adjustable tube clamp 630) positioned on the tube (Durham, extension tube 410) between the nutrition adapter (feeding syringe interface 610) and the feeding tube adapter (Durham, connector 420) (see Figs. 6 and 8, par. [0029], [0034]).
However, modified Durham fails to expressly state an inline access port attached to the tube; a first flow controller positioned on the tube between the nutrition adapter and the inline access port; wherein the inline access port is formed as one piece with the nutrition adapter, the tube, and the feeding tube adapter.
Koelper teaches a kit (see Figs. 1B-2, par. [0023]) comprising an inline access port (connector 144) attached to the tube (tubing 50) (see Figs. 1B-2, par. [0022]-[0023], [0028], [0036]-[0037]), a first flow controller (cap 150) positioned on the tube (tubing 50) between the nutrition adapter (Y-connector 104) and the inline access port (connector 144) (see Figs. 1B-3, par. [0022]-[0023], [0028], [0036]-[0039]), wherein the inline access port (connector 144) is formed as one piece with the nutrition adapter (Y-connector 104), the tube (tubing 50), and the feeding tube adapter (see Fig. 1B, connection to patient) (see Figs. 1B-2, par. [0022]-[0023], [0028], [0036]-[0037]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the kit of modified Durham to include an inline access port attached to the tube; a first flow controller positioned on the tube between the nutrition adapter and the inline access port; wherein the inline access port is formed as one piece with the nutrition adapter, the tube, and the feeding tube adapter, as taught by Koelper, in order to allow additional fluids to be supplied to or removed from the patient (see Koelper par. [0004]-[0005] and [0022]).
Regarding claim 18, modified Durham teaches the kit of claim 13 substantially as claimed. Modified Durham further teaches wherein the nutrition adapter (Durham, feeding syringe interface 610) includes: the collar (Breitweiser, outer skirt 44) extending distally from a top deck (Durham, outer cylindrical surface of feeding syringe interface 610) of the nutrition adapter (Durham, feeding syringe 610) (see previous modifications in rejection of claim 13 above, see Breitweiser Fig. 9 and par. [0046], outer skirt 44 extends distally from the outer cylindrical surface of connector body 34); and a first inlet port (Durham, distal opening of feeding syringe interface 610) extending through the top deck (Durham, outer cylindrical surface of feeding syringe interface 610) and in fluid communication with the reusable nutrition container (Durham, feeding syringe, see par. [0029]).
However, modified Durham fails to expressly state that the nutrition adapter includes a second inlet port configured to couple with a secondary fluid source, the second inlet port extending through the top deck of the nutrition adapter and in fluid communication with the first inlet port and the reusable nutrition container; and a tethered cap configured to seal the second inlet port.
Koelper teaches a kit (see Figs. 1B-2, par. [0023]) comprising a nutrition adapter (Y-connector 104) comprising a second inlet port (connector 144) configured to couple with a secondary fluid source (see Figs. 1B-2, par. [0022]-[0023], [0028], [0036]-[0037]), the second inlet port (connector 144) extending through the top deck (outer cylindrical surface of Y-connector 104) of the nutrition adapter (Y-connector 104) and in fluid communication with the first inlet port (connector 124) and the reusable container (bag 40) (see Figs. 1B-2, par. [0022]-[0023], [0028], [0036]-[0037]); and a tethered cap (cap 150) configured to seal the second inlet port (connector 144) (see Figs. 1B-3, par. [0036]-[0039]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the kit of modified Durham to include that the nutrition adapter includes a second inlet port configured to couple with a secondary fluid source, the second inlet port extending through the top deck of the nutrition adapter and in fluid communication with the first inlet port and the reusable nutrition container; and a tethered cap configured to seal the second inlet port, as taught by Koelper, in order to allow additional fluids to be supplied to or removed from the patient (see Koelper par. [0004]-[0005] and [0022]), and to seal the second inlet port to prevent ingress of unwanted materials when not in use (see Koelper par. [0038]).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Durham (US 2014/0114259 A1) in view of Breitweiser et al. (US 2020/0282135 A1), as applied to claim 13 above, further in view of Frederick et al. (US 4,874,365 A) and further in view of Becker (US 2010/0036365 A1).
Regarding claim 15, modified Durham teaches the kit of claim 13 substantially as claimed. However, modified Durham fails to expressly state a solvent or adhesive bond between the tube and the nutrition adapter, and a solvent or adhesive bond between the tube and the feeding tube adapter.
Frederick teaches a kit (see Figs. 1-3, col. 1 lines 14-19, col. 3 lines 49-54) comprising a solvent or adhesive bond between the tube (hollow tube 12) and the nutrition adapter (hollow adapter 16) (see Figs. 1-3, col. 3 lines 49-54, col. 4 lines 12-17).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the kit of modified Durham to include a solvent or adhesive bond between the tube and the nutrition adapter, as taught by Frederick, as a means to attach the tube to the nutrition adapter (see Frederick col. 3 lines 49-54, col. 4 lines 12-17).
However, modified Durham still fails to expressly state a solvent or adhesive bond between the tube and the feeding tube adapter
Becker teaches a kit (see Fig. 1, par. [0047]) comprising a solvent or adhesive bond between the tube (flexible connecting tube 3) and the feeding tube adapter (distal connecting piece 5) (see Figs. 1-3, par. [0053]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the kit of modified Durham to include a solvent or adhesive bond between the tube and the feeding tube adapter, as taught by Becker, as a means to attach the tube to the feeding tube adapter (see Becker par. [0053]).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 13, and 20 have been considered but are moot because the new ground of rejection does not rely on the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 AVERY SMALE whose telephone number is (571)270-7172. The examiner can normally be reached Mon.-Fri. 8-4 ET.
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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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/AVERY SMALE/Examiner, Art Unit 3783
/KAMI A BOSWORTH/Primary Examiner, Art Unit 3783
Prosecution Insights