Prosecution Insights
Last updated: April 17, 2026
Application No. 18/387,924

NASOGASTRIC TUBING FIXATION DEVICE

Non-Final OA §102§103
Filed
Nov 08, 2023
Examiner
HARRIS, WESLEY G
Art Unit
3783
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
unknown
OA Round
1 (Non-Final)
73%
Grant Probability
Favorable
1-2
OA Rounds
2y 8m
To Grant
95%
With Interview

Examiner Intelligence

Grants 73% — above average
73%
Career Allow Rate
509 granted / 697 resolved
+3.0% vs TC avg
Strong +22% interview lift
Without
With
+21.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
62 currently pending
Career history
759
Total Applications
across all art units

Statute-Specific Performance

§101
1.3%
-38.7% vs TC avg
§103
36.9%
-3.1% vs TC avg
§102
24.5%
-15.5% vs TC avg
§112
34.7%
-5.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 697 resolved cases

Office Action

§102 §103
DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. 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 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. Claim Rejections - 35 USC § 102 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. Claim s 1 and 2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 5735272 A to Dillon et al. (Dillon) . Dillon discloses: Regarding claim 1: A medical tubing fixation system ( figure 8 shows the primary embodiment and embodiment of figures 6 and 7 show the context of the embodiment of figure 8 ) comprising: a nasogastric tube ( 138 as shown in figure 6 ) being configured to be inserted into a nasal cavity ( cavity within nose 136 ) of a nose ( 136 ) of a patient ( 137 ) ; a band ( 235 ) having a front side ( see side A in figure 1 below facing away from 231 ) , a back side ( see side C in figure below facing 231 ) , and a peripheral edge ( see the peripheral edge B in figure 1 below ) being attached to and extending between the front side and the back side, the band ( 235 ) comprising a flexible material ( column 5, lines 25-40 and shown in figure 6 ) whereby the band ( 235 ) is configured to complement a curvature of the nose ( 136 ) when the band ( 235 ) is positioned on the nose ( 136 ) ( as shown in figure 6 ) ; and an adhesive coating ( 231 ) covering the back side of the band ( 235 ) , the adhesive coating ( 231 ) being configured to releasably retain the band ( 235 ) on the nose ( 136 ) ( as shown in figure 6 ) ; a pair of straps ( 233 and 234 ) being coupled to the band ( 235 ) for engaging the nasogastric tube ( 138 ) , the pair of straps ( 233 and 234 ) being configured to stabilize a position of the nasogastric tube ( 138 ) within the nasal cavity ( as shown in figure 6 ) , each of the pair of straps ( 233 and 234 ) comprising: a first end ( see the first end D in figure 1 below ) being attached to the peripheral edge ( B in figure 1 below ) ( as shown in figure 1 below ) ; a second end ( see the second end E in figure 1 below ) being distal to the first end ( D in figure 1 below ) ( as shown in figure 1 below ) ; and a middle portion ( see the middle portion F in figure 1 below ) being attached to and extending between the first end ( D in figure 1 below ) and the second end ( E in figure 1 below ) ( as shown in figure 1 below ) , the middle portion ( F in figure 1 below ) being flexible whereby the middle portion ( F in figure 1 below ) is positionable to bend upwardly toward the band ( 235 ) to engage the nasogastric tube ( 138 ) ( as shown in figure 6 where the middle portion is wrapped around the tube 138 back toward the band 230 ) . Figure SEQ Figure \* ARABIC 1 - figure 8 of , Dillon annotated by the examiner Regarding claim 2 : The medical tubing fixation system of claim 1, wherein the second end ( E in figure 1 above ) is positionable adjacent to the band ( 235 ) such that the second end ( E in figure 1 above ) is couplable to the band ( 235 ) when the band ( 235 ) is positioned on the nose ( 136 ) ( as shown in figure 6 the second end is wrapped around the tube 138 and attached to the first end which is coupled to the band and therefore the second end is coupled to the band ) whereby the pair of straps ( 233 and 234 ) is configured to stabilize the position of the nasogastric tube ( 138 ) within the nasal cavity ( as shown in figure 6 ) . 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. Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 5735272 A to Dillon et al. (Dillon) as applied to claim 1 above, and further in view of US 20120029435 A1 to Gutierrez Del Rio . Regarding claim 3 : Dillon fails to disclose: The medical tubing fixation system of claim 1, wherein the band has a rectangular shape. Gutierrez Del Rio teaches: A medical tubing fixation system ( figure 1 ) that includes a band ( 130/120 ) and a pair of straps ( 180/190 ). Further, the band has a rectangular shape ( see the rectangular shape as show in figure 2 below ). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Dillon to replace the shape of the band in Dillon with a rectangular shape as taught by Gutierrez Del Rio . This is a simple substitution of one known element ( shape of the band in Dillon ) for another ( rectangular shape as taught by Gutierrez Del Rio ) to obtain predictable results ( to form a shape/surface that can attach to the nose of the patient ). Figure SEQ Figure \* ARABIC 2 – figure 1 of Gutierrez Del Rio , annotated by the examiner Claim(s) 4 and 6-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 5735272 A to Dillon et al. (Dillon) as applied to claim 1 above, and further in view of US 11229580 B1 to Sharp . Regarding claim 4 : Dillon fails to disclose: The medical tubing fixation system of claim 1, further comprising: a pair of band fasteners being coupled to the front side of the band; and a pair of strap fasteners, each of the pair of strap fasteners being coupled to a respective one of the pair of straps, each of the pair of strap fasteners being complementary to an associated one of the pair of band fasteners such that each of the pair of strap fasteners releasably couples the respective one of the pair of straps to the band. Sharp teaches: A medical tubing fixation system ( figure 1 ) that includes a pair of band fasteners ( 116/114 ) and a pair of strap fasteners ( 118 ) . The pair of band fasteners are located on a band ( 102 ) and the pair of strap fasteners are located on straps ( 108/106 ) . Further, the band fasteners and strap fasteners are releasably coupled to each other ( column 4, line 53- column 5, line 7 ) . Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Dillon to replace the adhesive fasteners in Dillon on the straps with the strap fasteners on the pair of straps and the fasteners on the band as taught by Sharp . This is a simple substitution of one known element ( adhesive fastener as taught by Dillon ) for another ( strap and band fasteners as taught by Sharp ) to obtain predictable results ( to hold the nasogastric tube securely to the nose ). Regarding claim 6 : All limitations of the claim are taught by the 35 USC 103 rejection of claim 4 by Dillon and Sharp : The medical tubing fixation system of claim 4, the pair of band fasteners further comprising: a first panel ( see the panel 112 of the band fastener 116 of Sharp incorporated into Dillon ) being positioned above ( above and on band 235 of Dillon ) a first strap ( 233 of Dillon ) of the pair of straps ( 233 and 234 of Dillon ) ; a first panel mating member ( see the mating member 116 of the band fastener 116 of Sharp incorporated into Dillon ) being attached to the first panel; a second panel ( see the panel 110 of the band fastener 114 of Sharp incorporated into Dillon ) being positioned above ( above and on band 235 of Dillon ) a second strap ( 234 of Dillon ) of the pair of straps ( 233 and 234 of Dillon ) ; a second panel mating member ( see the matting member 114 of the band fastener 114 of Sharp incorporated into Dillon ) being attached to the second panel; and each of the first panel mating member and the second panel mating member comprising a pair of receivers ( as shown in figure 1 of Sharp where they receive the fasteners 118 of the straps 108/106 ) , each of the pair of receivers engaging an associated one of the pair of strap fasteners ( as shown in figure 1 of Sharp ) . Regarding claim 7 : All limitations of the claim are taught by the 35 USC 103 rejection of claim 4 by Dillon and Sharp : The medical tubing fixation system of claim 6, wherein the first strap ( 233 of Dillon ) of the pair of straps is releasably couplable ( Sharp teaches in column 4, line 65- column 5, line 7 of the panel 112/116 can be removably couplable and would be incorporated into Dillon accordingly ) to the first panel ( see the panel 112 of the band fastener 116 of Sharp incorporated into Dillon ) and the second strap ( 234 of Dillon ) of the pair of straps is releasably couplable ( Sharp teaches in column 4, line 65- column 5, line 7 of the panel 112/116 can be removably couplable and would be incorporated into Dillon accordingly ) to the second panel ( see the panel 110 of the band fastener 114 of Sharp incorporated into Dillon ) . Regarding claim 8 : All limitations of the claim are taught by the 35 USC 103 rejection of claim 4 by Dillon and Sharp : The medical tubing fixation system of claim 6, wherein the first strap ( 233 of Dillon ) of the pair of straps ( 233 and 234 of Dillon ) crosses over ( the structure in Dillon would be capable of this function and further Sharp teaches this can be done with the fasteners in column 4, lines 28-35 ) the second strap ( 234 of Dillon ) of the pair of straps ( 233 and 234 of Dillon ) when the middle portion ( see the middle portion F in figure 1 above of Dillon ) of each of the first strap ( 233 of Dillon ) of the pair of straps and the second strap ( 234 of Dillon ) of the pair of straps bends upwardly toward the band to engage the nasogastric tube ( function the result of the modification by Sharp incorporated into Dillon ) . Regarding claim 9 : All limitations of the claim are taught by the 35 USC 103 rejection of claim 4 by Dillon and Sharp : The medical tubing fixation system of claim 6, wherein each of the pair of receivers ( as shown in figure 1 of Sharp where they receive the fasteners 118 of the straps 108/106 incorporated into Dillon) is aligned with the other along a longitudinal plane ( as shown in figure 1 of Sharp and would be incorporated into Dillon accordingly ) . Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 5735272 A to Dillon et al. (Dillon) and US 11229580 B1 to Sharp as applied to claim 4 above, and further in view of US 20120029435 A1 to Gutierrez Del Rio. Regarding claim 5 : Dillon and Sharp fail to disclose: The medical tubing fixation system of claim 4, wherein each of the pair of band fasteners and each of the pair of strap fasteners comprises snaps. Gutierrez Del Rio teaches: A medical tubing fixation system ( figure 1 ) that includes a band ( 130/120 ) and a pair of straps ( 180/190 ). Further, the reference teaches the fasteners on the straps can be an adhesive layer, mechanical fasteners or snap fasteners ( ¶0032 ). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Dillon and Sharp to replace the fasteners incorporated into Dillon from Sharp with snap fasteners as taught by Gutierrez Del Rio . This is a simple substitution of one known element ( fasteners of Sharp incorporated into Dillon ) for another ( snap fasteners as taught by Gutierrez Del Rio ) to obtain predictable results ( to fasten the straps to the band to hold the nasogastric tub e ). Allowable Subject Matter The following is a statement of reasons for the indication of allowable subject matter: claim 14 is/are allowed primarily because the prior art of record cannot anticipate Applicant' s claimed invention by a single reference nor render Applicant' s claimed invention obvious by the combination of more than one reference. Furthermore, the prior art of record does not teach “ the pair of strap fasteners comprising: a first flange being attached to the second end of the first strap of the pair of straps; a first flange mating member being attached to the first flange; a second flange being attached to the second end of the second strap of the pair of straps; a second flange mating member being attached to the second flange; each of the first flange mating member and the second flange mating member comprising a pair of gibs ” as within the context of the claimed invention as disclosed and within the context of the other limitations present in claim 14. Therefore, the prior art of record cannot anticipate Applicant' s claimed invention by a single reference nor render Applicant' s claimed invention obvious by the combination of more than one reference. 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.” Claims 10-13 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following is pertinent prior art: US-20090292256-A1 Cubberly See the band 1 and straps 3 US-20020143296-A1 Russo See the band 16 and straps 18 WO-9428962-A1 JENSEN See the band 11 and straps 12 WO-9853872-A1 BIERMAN See the band 21 WO-2020183325-A1 ENGLER See the band 112 and straps 130 WO-9844973-A1 SALTER See the band 16 and straps 12 WO-2017034912-A1 OLIVEIRA See the band 120 and straps 123 WO-2005025664-A2 RUSSO See the band 31/33 and straps 7/5 Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT WESLEY HARRIS whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-3665 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT M to F, 9am-5pm . Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Tsai can be reached on FILLIN "SPE Phone?" \* MERGEFORMAT (571) 270- 5246 . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /WESLEY G HARRIS/ Examiner, Art Unit 3783
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Prosecution Timeline

Nov 08, 2023
Application Filed
Feb 28, 2026
Non-Final Rejection — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
73%
Grant Probability
95%
With Interview (+21.7%)
2y 8m
Median Time to Grant
Low
PTA Risk
Based on 697 resolved cases by this examiner. Grant probability derived from career allow rate.

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