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 .
The amendment filed on December 19, 2025 has been received and considered. By this amendment, claims 1, 8, 10, 13, 15, and 19 are amended, claim 9 is cancelled, claim 21 is added, and claims 1-8 and 10-21 are now pending in the application.
Claim Rejections - 35 USC § 102
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 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.
Claims 1-3, 5-8, 10-13, 15, 20, and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Merry et al. (U.S. 2003/0068914), herein Merry. Regarding claim 1, Merry discloses an electrical connector clamp 202, comprising: a first plate 232 having a first side, a second side, a first edge, and a second edge (see annotated Figure 3 below); a second plate 218 having a third side, a fourth side, a third edge, and a fourth edge (see annotated Figure 3 below), wherein the first edge and the third edge are connected by a hinge 230 that enables the first plate and second plate to pivot relative to each other at the hinge (the hinge is the entire structure 230 and, thus, the plates are considered to pivot relative to each other at the hinge since the pivot occurs at the location of the hinge), and the hinge enables the first side of the first plate and the third side of the second plate to come in contact when in a closed position (“This spring 230 is suitably constructed from metal, and preferably is formed into a folded "leaf" style spring. However, it is readily apparent that other spring devices can be used, such as coils and/or elastomeric materials to bias the upper and base portions, respectively, towards each other to form a clamping device.”, paragraph [0024]); a latch for holding the first side of the first plate against the third side of the second plate in the closed position (“closing the connector by releasing the ends so that the mask is held within the connector at least in part by the pin and an indentation formed on the connector”, claim 42); electrically conductive material 290 on the first side of the first plate (“Referring still to FIG. 3, the elastomeric electrical connector 290 is mounted to the base upper member 232 of the base portion 218 so as to make contact with the electrical contacts 300 of the printed circuit board 292 lying underneath. More specifically, the elastomeric electrical connector 290 projects through a slot 273 in the surface 272 of the upper member 232.”, paragraph [0090]); an electrical connector 304 on the second side of the first plate that is electrically connected to the electrically conductive material on the first side of the first plate (“The female adapter (not shown) located on the printed circuit board 292 connects the printed circuit board 292 to the cable wires 304 attached to the connector end 210 of the cable 208.”, paragraph [0033]); a single electrically conductive wire 114 having a first end located between the first plate and the second plate (when in the closed position with electrode mask 100 clamped, wires 114 are located between the first and second plates). It is respectfully submitted that the recitations “for attaching to a distal end of a stylet of a Central Venous Access Device (CVAD)” and “and wherein the first side and third side are pivoted together in the closed position around the first end of the wire located between the first plate and third plate to provide to an electrical connection between the wire and the first plate of the electrical connector” fail to further define the claimed invention over that of the prior art because they are directed to an intended use of the device rather than further defining the device over that of the prior art.
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Regarding claim 2, Merry discloses electrically conductive material on the third side of the second plate (when electrode mask 100 is inserted into connector 202, as is shown in Figure 2, the electrode mask conductive traces 114 are located on the third side of the second plate).
Regarding claim 3, Merry discloses electrically conductive material 292 on the second side of the first plate that is electrically connected to the electrically conductive material on the first side and the electrical connector (“An electrical assembly 288 is also shown in FIG. 3 forming a part of the electrode connector 202. The electrical assembly 288 is used to continue the electrical signals from the electrode mask 204 through the connector 202 and to the ECG device 206 as illustrated in the system of FIG. 2.”, paragraph [0028]).
Regarding claim 5, Merry discloses that the first plate has a planar configuration (see Figure 3 annotated above where the top and bottom surfaces of the first plate are shown to be flat or planar).
Regarding claim 6, Merry discloses that the second plate has a planar configuration (see Figure 3 annotated above where the bottom surface of the second plate is shown to be flat or planar).
Regarding claim 7, Merry discloses that the electrical conductor is male button connector (“the cable 208 carries a male adapter (not shown) at the corresponding connector end 210”, paragraph [0028]).
Regarding claim 8, it is respectfully submitted that the recitation “the first plate and the second plate are constructed as a single element unitary member, and the hinge is formed by a crease between the first and second plates” is directed to the way in which the device is manufactured rather than being directed to further limitations of the device itself.
Regarding claim 10, Merry discloses a female button connector electronically attached to the male button connector (“a female electrical connector (not shown) mounted on the underside of the printed circuit board 292 while the cable 208 carries a male adapter (not shown) at the corresponding connector end 210”, paragraph [0028]).
Regarding claim 11, Merry discloses electrically conductive material 292 on the second side of the first plate (“An electrical assembly 288 is also shown in FIG. 3 forming a part of the electrode connector 202. The electrical assembly 288 is used to continue the electrical signals from the electrode mask 204 through the connector 202 and to the ECG device 206 as illustrated in the system of FIG. 2.”, paragraph [0028]).
Regarding claim 12, Merry discloses that the latch is connected to the first plate (“closing the connector by releasing the ends so that the mask is held within the connector at least in part by the pin and an indentation formed on the connector”, claim 42).
Regarding claim 13, Merry discloses that the wire is a stylet wire located and secured between the first and third plates in the closed position (see Figure 2, where the electrode wires are considered to satisfy the BRI for “stylet wire”).
Regarding claim 15, Merry discloses an electrical connector clamp 202, comprising: a first plate 232 having a first side, a second side, a first edge, and a second edge (see annotated Figure 3 above); a second plate 218 having a third side, a fourth side, a third edge, and a fourth edge (see annotated Figure 3 above), wherein the first edge and the third edge are connected by a hinge 230 that enables the first plate and second plate to pivot relative to each other at the hinge (the hinge is the entire structure 230 and, thus, the plates are considered to pivot relative to each other at the hinge since the pivot occurs at the location of the hinge), and the hinge enables the first side of the first plate and the third side of the second plate to come in contact when in a closed position (“This spring 230 is suitably constructed from metal, and preferably is formed into a folded "leaf" style spring. However, it is readily apparent that other spring devices can be used, such as coils and/or elastomeric materials to bias the upper and base portions, respectively, towards each other to form a clamping device.”, paragraph [0024]); a latch for holding the first side of the first plate against the third side of the second plate in the closed position (“closing the connector by releasing the ends so that the mask is held within the connector at least in part by the pin and an indentation formed on the connector”, claim 42); the first side of the first plate has an electrically conductive surface 290 (“Referring still to FIG. 3, the elastomeric electrical connector 290 is mounted to the base upper member 232 of the base portion 218 so as to make contact with the electrical contacts 300 of the printed circuit board 292 lying underneath. More specifically, the elastomeric electrical connector 290 projects through a slot 273 in the surface 272 of the upper member 232.”, paragraph [0090]); an electrical connector 304 on the second side of the first plate that is electrically connected to the electrically conductive surface on the first side of the first plate (“The female adapter (not shown) located on the printed circuit board 292 connects the printed circuit board 292 to the cable wires 304 attached to the connector end 210 of the cable 208.”, paragraph [0033]), a single electrically conductive wire 114 having a first end located between the first plate and the second plate (when in the closed position with electrode mask 100 clamped, wires 114 are located between the first and second plates). It is respectfully submitted that the recitations “for attaching to a distal end of a stylet of a Central Venous Access Device (CVAD)” and “and wherein the first side and third side are pivoted together in the closed position around the first end of the wire located between the first plate and third plate to provide to an electrical connection between the wire and the first plate of the electrical connector” fail to further define the claimed invention over that of the prior art because they are directed to an intended use of the device rather than further defining the device over that of the prior art.
Regarding claim 20, Merry discloses that the first plate and the second plate are separate components.
Regarding claim 21, it is respectfully submitted that the term “stylet” in the phrase “stylet wire” is a term of an intended use of the wire and fails to distinguish the claimed wire over that of the prior art. Furthermore, Merry discloses that the wire is secured between the first and third plates in the closed position (when in the closed position with electrode mask 100 clamped, wires 114 are located between the first and second plates).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 4, 14, and 16-19 are rejected under 35 U.S.C. 103 as being unpatentable over Merry (U.S. 2003/0068914, cited above). Merry discloses the invention substantially as claimed, but fails to disclose that the electrical conductor is magnetically connected to the second side of the first plate, the electrically conductive material is an electrically conductive metal, the first plate is constructed of metal having a conductive surface, the first plate includes magnetic material, and the electrical connector is attached to the first plate by magnetism, the first plate includes metal material, and the electrical connector is magnetic and attached to the first plate by magnetism, or the first plate and the second plate are constructed of plastic as a single element unitary member, and the hinge is formed by a crease between the first plate and the second plate, and the first side of the first plate includes metal plating to create a conductive surface. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Merry such that the electrical conductor is magnetically connected to the second side of the first plate, the electrically conductive material is an electrically conductive metal, the first plate is constructed of metal having a conductive surface, the first plate includes magnetic material, and the electrical connector is attached to the first plate by magnetism, the first plate includes metal material, and the electrical connector is magnetic and attached to the first plate by magnetism, and the first plate and the second plate are constructed of plastic as a single element unitary member, and the hinge is formed by a crease between the first plate and the second plate, and the first side of the first plate includes metal plating to create a conductive surface, as it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. MPEP 2144.07
Response to Arguments
Applicant's arguments filed December 19, 2025 have been fully considered but they are not persuasive. Regarding the rejection of the claims as being anticipated by Merry, the Applicant argues that “the orientation of the illustrated spring 230 would need to be reversed in order for the first edge and the third edge to pivot relative to each other at the hinge”. Further, Applicant argues that Merry discloses that the first and second plates of Merry are disclosed as rotating relative to each other around axis 238 and not at a hinge of the spring. It is respectfully submitted that spring 230 is considered the hinge, which would mean that the entire spring 230 is the hinge. Axis 238 can be seen in Figure 3 as being in line with spring 230 when the device is constructed. As such, it is respectfully submitted that Merry does disclose that the hinge enables the first plate and the second plate to pivot relative to each other at the hinge.
Applicant further argues that Merry fails to teach the first and second plates and the hinge being formed as a single unitary member as defined by amended claims 8 and 19. As discussed above, the recitation “the first plate and the second plate are constructed as a single element unitary member, and the hinge is formed by a crease between the first and second plates” is directed to the way in which the device is manufactured rather than being directed to further limitations of the device itself.
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 TAMMIE K MARLEN whose telephone number is (571)272-1986. The examiner can normally be reached Monday through Friday from 8 am until 4 pm.
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/TAMMIE K MARLEN/Primary Examiner, Art Unit 3796