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 .
Information Disclosure Statement
The information disclosure statement(s) filed on the record are in compliance with the content requirements of 37 CFR 1.97 and 37 CFR 1.98 and have been considered.
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 11 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.
Regarding claim 11, the limitation "the opposing grip element" lacks antecedent basis in the claim, because claim 11 (by virtue of its dependence on claims 1, 2 and 10) requires at least two opposing grip elements. Therefore, a skilled artisan would not know what "the opposing grip element" refers to.
For the purpose of examination, claim 11 will be interpreted to mean that one grip element of at least one of the sets of grip elements comprises an arch structure that includes a portion facing the other grip element in the set, and wherein the portion is not fixed to the receiving surface and is thereby free to move laterally toward and away from the other grip element in the set.
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 1-4, 7-13 and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zinreich (U.S. Pat. 5,795,335, hereinafter "Zinreich").
Regarding claim 1, Zinreich discloses an adaptor device for attaching an indicator device to a medical line (the claimed limitation recites the intended use of the adaptor device and does not impart a structural limitation to either the indicator device or the medical line; the device of Zinreich is capable of performing this function), the adaptor device comprising:
a longitudinal axis along which the medical line extends when the adaptor device is attached thereto (the axis running parallel to hinge 24; see col. 3, lines 38-41);
a receiving surface (the surface on first section 28 where the grip elements 26 are located; see below and see also Fig. 1);
and one or more sets of laterally opposing grip elements 16 (see Fig. 1) projecting from the receiving surface, each set of laterally opposing grip elements defining a space therebetween for receiving a medical line (see col. 3, lines 38-41).
Regarding claim 2, Zinreich discloses the device of claim 1, wherein at least one of the grip elements in each set of grip elements is a biased grip element capable of flexing to enlarge the space between the opposing grip elements to thereby accommodate medical lines of variable size (see col. 3, lines 64-66).
Regarding claim 3, Zinreich discloses the device of claim 1, further comprising a first section 28 (see Fig. 1) on which the receiving surface is disposed and a second section 40 (see Fig. 1) with which the first section is attached via a hinge 24 (see Fig. 1).
Regarding claim 4, Zinreich discloses the device of claim 3, wherein the first section and the second section define an inner compartment when in a closed configuration (see col. 3, lines 21-24; the first and second sections 28 and 40 define the square shape of the compartment when the lid 36 is closed over the first section 28).
Regarding claim 7, Zinreich discloses the device of claim 3, further comprising a third section 36 (see Fig. 1) with which the second section is attached via a hinge 24 (see Fig. 1).
Regarding claim 8, Zinreich discloses the device of claim 7, wherein the second section and third section are closable to encompass the first section (i.e., when the second and third sections 40 and 36 close over the first section 28, the second and third sections 40 and 36 form surrounding walls and a lid over the first section to fully encompass the first section 28).
Regarding claim 9, Zinreich discloses the device of claim 8, wherein the second section and third section define apertures 40 (see Fig. 1) through which the medical line is passable.
Regarding claim 10, Zinreich discloses the device of claim 2, wherein the biased grip element includes a deformable arch structure (see annotated Fig. 2, below, showing the deformable arch structure at the free end of the grip element) that is biased toward an expanded state and is collapsible to increase the space between opposing grip elements (i.e., the arch structure can be moved away from the opposing grip element).
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Zinreich, Fig. 2, annotated.
Regarding claim 11, Zinreich discloses the device of claim 10, wherein the arch structure includes a portion facing the opposing grip element (see annotated Fig. 2, above), and wherein the portion facing the opposing grip element is not fixed to the receiving surface and is thereby free to move laterally toward and away from the opposing grip element.
Regarding claim 12, Zinreich discloses the device of claim 1, wherein at least one of the grip elements includes fins 26 (see Fig. 1) individual biased toward a more lateral position and are capable of flexing toward a more longitudinal position to accommodate an inserted medical line (see col. 3, lines 64-66).
Regarding claim 13, Zinreich discloses the device of claim 1, wherein both of the grip elements in each set of grip elements are biased toward one another and capable of flexing to enlarge the space between the grip elements (see col. 3, lines 64-66).
Regarding claim 16, Zinreich discloses the device of claim 1, wherein the device comprises a set of grip elements that includes at least three laterally coincident grip elements (see Fig. 1 showing three grip elements 16) arranged to define two or more medical line paths, wherein at least two of the two or more medical line paths are different in size to accommodate medical lines of different sizes (not only is each grip element 16 able to accommodate medical lines of different sizes based on each fin's ability to expand to fit the medical lines, but Zinreich also discloses that the size of each grip element can be altered depending on the diameter of the line desired to be captured by the grip element; see col. 4, lines 9-11).
Claims 1, 18, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Längle et al (U.S. Pub. 2020/0268966, hereinafter "Längle").
Regarding claim 1, Längle discloses an adaptor device (see Fig. 3) for attaching an indicator device 33 (see Fig. 3) to a medical line 23 (see Fig. 3) (although the claimed limitation recites the intended use of the adaptor device and does not impart a structural limitation to either the indicator device or the medical line, the device of Längle has an indicator device to indicate a characteristic of fluid flowing through the medical line; see below explanation), the adaptor device comprising:
a longitudinal axis along which the medical line extends when the adaptor device is attached thereto (the axis running parallel to the medical line's longitudinal axis; see Fig. 3);
a receiving surface 31a (see Fig. 3); and
and one or more sets of laterally opposing grip elements 32 (see Fig. 3 and para [0056] referring to elements 32 as "clamps") projecting from the receiving surface, each set of laterally opposing grip elements defining a space therebetween for receiving a medical line (as shown in Fig. 3).
Regarding claim 18, Längle discloses the device of claim 1, wherein the device includes one or more 36 (see Fig. 3) configured for sensing air bubbles, flow rate, precipitate formation, temperature, and/or salinity (see para [0056] disclosing the measuring device 36 and para [0067] disclosing that the sensor can sense flow rate).
Regarding claim 20, Längle discloses a medical line sensor system, comprising one or more adaptor devices as in claim 1, each adaptor device comprising:
one or more sensors 36 configured for sensing air bubbles, flow rate, precipitate formation, temperature, and/or salinity (see para [0056] disclosing the measuring device 36 and para [0067] disclosing that the sensor can sense flow rate), and
one or more indicator components communicatively coupled to the one or more sensors and configured to activate according to predetermined sensor activity (see Fig. 3 showing display 33 and see para [0006] disclosing that the display 33 shows the measured flow rate).
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.
Claims 1-6 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Provost et al (U.S. Pat. 10,722,641 B2, hereinafter "Provost" in view of Zinreich.
Regarding claim 1, Provost discloses an adaptor device for attaching an indicator device (such as light 324 see Fig. 9A) to a medical line (the claimed limitation recites the intended use of the adaptor device and does not impart a structural limitation to either the indicator device or the medical line; even so, the device of Provost performs this function), the adaptor device comprising:
a longitudinal axis along which the medical line 302 (see Fig. 9A) extends when the adaptor device is attached thereto (see Fig. 14 showing light sources 822 with medical line 806 running through them along their longitudinal axes);
a receiving surface (see top surface of 334 where the tube 302 can be received).
It is noted that Provost does not appear to disclose one or more sets of laterally opposing grip elements projecting from the receiving surface, each set of laterally opposing grip elements defining a space therebetween for receiving a medical line.
Zinreich discloses an adaptor device for attaching an indicator device to a medical line (the claimed limitation recites the intended use of the adaptor device and does not impart a structural limitation to either the indicator device or the medical line; the device of Zinreich is capable of performing this function), the adaptor device comprising:
a longitudinal axis along which the medical line extends when the adaptor device is attached thereto (the axis running parallel to hinge 24; see col. 3, lines 38-41);
a receiving surface (the surface on first section 28 where the grip elements 26 are located; see below and see also Fig. 1);
and one or more sets of laterally opposing grip elements 16 (see Fig. 1) projecting from the receiving surface, each set of laterally opposing grip elements defining a space therebetween for receiving a medical line (see col. 3, lines 38-41).
A skilled artisan would have found it obvious at the time of the invention to modify the invention of Provost, according to the teaching in Zinreich, in order to secure and protect the medical tubing (see Zinreich at col. 2, lines 20-36), with a reasonable expectation of success.
Regarding claim 2, it is noted that Provost does not appear to disclose that at least one of the grip elements in each set of grip elements is a biased grip element capable of flexing to enlarge the space between the opposing grip elements to thereby accommodate medical lines of variable size.
Zinreich discloses at least one of the grip elements in each set of grip elements is a biased grip element capable of flexing to enlarge the space between the opposing grip elements to thereby accommodate medical lines of variable size (see col. 3, lines 64-66).
A skilled artisan would have found it obvious at the time of the invention to modify the invention of Provost, according to the teaching in Zinreich, in order to secure and protect the medical tubing (see Zinreich at col. 2, lines 20-36), with a reasonable expectation of success.
Regarding claim 3, Provost, in view of Zinreich discloses the device of claim 1, further comprising a first section 334 (see Provost; Fig. 9B) on which the receiving surface is disposed and a second section 322 (see Provost, Fig. 9B) with which the first section is attached via a hinge.
Regarding claim 4, Provost, in view of Zinreich discloses the device of claim 3, wherein the first section and the second section define an inner compartment when in a closed configuration (see U-shaped compartment, in Fig. 9B, that contains the line 302 and optical member 304).
Regarding claim 5, Provost, in view of Zinreich, discloses the device of claim 4, further comprising an indicator 324 within the inner compartment (see Fig. 9A).
Regarding claim 6, Provost, in view of Zinreich, discloses that the indicator comprises a light and/or a speaker (see col. 10, line 10).
Regarding claim 19, Provost, in view of Zinreich, discloses a medical line identification system, but does not appear to disclose:
two or more adaptor devices as in claim 1.
wherein the adaptor devices are configured to wirelessly communicate with one another such that when a first indicator associated with a first adaptor device is manually activated to provide an indicator signal, a second indicator associated with a second adaptor device is also automatically activated, without requiring manual activation, to provide a corresponding indicator signal.
However, Provost discloses multiple adaptor devices 822, 823 (see Fig. 13) that are configured to wirelessly communicate with one another such that when a first indicator associated with a first adaptor device is manually activated to provide an indicator signal, a second indicator associated with a second adaptor device is also automatically activated, without requiring manual activation, to provide a corresponding indicator signal (see col. 11, lines 37-65).
A skilled artisan would have found it obvious at the time of the invention to modify the invention of Provost, so that the two multiple devices 822, 823 have the configuration of claim 1, in order to secure and protect the medical tubing in both adaptors (see Zinreich at col. 2, lines 20-36), with a reasonable expectation of success.
Claims 14, 15 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Zinreich in view of Payton et al (U.S. Pat. 4,742,824, hereinafter "Payton").
Regarding claim 14, it is noted that Zinreich does not appear to disclose the device of claim 1, wherein at least one of the sets of grip elements is rotationally offset relative to the longitudinal axis.
Further, as per claim 15, Zinreich does not appear to disclose the device of claim 1, wherein the grip elements of at least one of the sets of grip elements each include angled sections configured to force a bend in a medical line placed between the grip elements.
Further, as per claim 17, Zinreich does not appear to disclose the device of claim 1, wherein at least one of the sets of grip elements includes grip elements configured as guide posts for forcing a bend in a medical line.
Payton discloses a device for accommodating a medical line, comprising at least two sets of grip elements 24, 22 (see Figs. 2-4) in the form of posts, which are rotationally offset relative to the longitudinal axis of the device, and which are angled in order to force a bend in a medical line placed between the grip elements (see Fig. 3).
A skilled artisan would have found it obvious at the time of the invention to modify the device of Zinreich, according to the teaching in Payton, in order to divert direction of the medical line as may be desired (see Payton at col. 3, lines 30-35, disclosing that the posts are angled in order to divert the medical line from its downward run into the device from a rearward position with respect to the patient's head, to a somewhat upward direction, toward the desired location in the body) with a reasonable expectation of success.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See Notice of References Cited.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SCOTT J MEDWAY whose telephone number is (571)270-3656. The examiner can normally be reached Monday through Friday, 8:30 AM to 5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chelsea Stinson can be reached at (571) 270-1744. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SCOTT J MEDWAY/Primary Examiner, Art Unit 3783 03/07/2026